Loading...
HomeMy WebLinkAbout2002-03-25 PRC Packet . . . r illwater ~ - - ~~ THE BIRTHPLACE OF MINNESOTA J STILL WATER PARKS AND RECREATION BOARD MEETING NOTICE March 25, 2002 The Stillwater Parks and Recreation Board will meet on Monday, March 25,2002 at 7:00 p.m. at Stillwater City Hall in the Council Chambers Conference Room, 216 N. 4th Street. AGENDA 1. Approval of February 25,2002 Minutes. 2. Public Meeting to discuss Staples Field Park. 3. Lifeguards at Lily Lake Beach and City Park Use Policy - Tim Thomsen's response. 4. Fishing Ponds - Mike Polehna. 5. Other items. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 Parks and Recreation Board . Feb. 25,2002 Present: Chair Mike Polehna Linda Amrein, Dawn Flinn, David Junker, Rob McGarry, Wally Milbrandt and Sandy Snellman Others: Community Development Director Steve Russell Absent: None Mr. Polehna called the meeting to order at 7 p.m. Approval of minutes: Ms. Amrein pointed out a type in the discussion of the wharfage permits - was told, rather than was noted. Mr. Junker, seconded by Mr. Milbrandt, moved approval of the Jan. 28, 2002, minutes as corrected; motion passed unanimously. Lifeguards at Lily Lake Beach Mr. Russell stated he has no opinion on the issue either way and stated salaries for lifeguards are included in the budget. He suggested eliminating the lifeguards cold be a potential savings, or perhaps that money could be directed to hiring an additional parks maintenance staff. . Mr. Polehna noted Washington County is cutting back on its use oflifeguards. Beaches are open when not staffed by lifeguards and signed to that effect. Mr. Polehna also stated the County's risk manager has encouraged the County not to use lifeguards. Mr. McGarry agreed that as long as there is signage, there is no additional liability exposure in not using lifeguards. Mr. Junker suggested the issue is who to manage the entire Lily Lake complex. Mr. Polehna agreed there should be some discussion as to hiring a part-time "park attendant" to manage the Lily Lake complex. Mr. McGarry, seconded by Ms. Snellman, moved to eliminate the use of lifeguards at Lily Lake Beach, with staff to come back with a recommendation on how to police/manage the Lily Lake complex. Motion passed unanimously. Music request for Pioneer Park Mr. Junker suggested that if the request in question is allowed, someone will want to use the park for a special event every Sunday. Mr. Junker and Mr. Milbrandt suggested the applicant might want to consider holding a concert, on a smaller scale, in Lowell Park, and they noted the Music on the Waterfront concert series might be an avenue for the applicant to pursue. Mr. Junker suggested that this request appeared to be a commercial production aimed at marketing the band. The discussion centered on the City's park use policy. Ms. Amrein asked if such a policy existed. It was noted the City's policy is not to allow exclusive use/commercial use of parks other than Lowell Park on a certain number of pre-approved dates. . Mr. Polehna, seconded by Mr. McGarry, moved to deny the request based on the City's policy of not allowing commercial use of any parks except Lowell Park on pre-approved dates. Motion . passed unanimously. Ms. Amrein moved to direct staff to bring a commercial use policy for City parks back to the Board within two months. After discussion, Ms. Amrein withdrew her motion. It was agreed to have Mr. Russell bring the issue back to the board with input from Parks Supervisor Tim Thomsen and with information about policies that other cities -- Bayport, North St. Paul, Afton, etc. -- might have. Updates: Mr. Russell stated the McKusick Ravine issues was to be discussed by the Council at its March 5 meeting. Mr. Russell noted the information on the Bicycle Fest was included in the agenda packet. He noted that the event is different than originally presented to the Board in that the cyclists will not corne through Lowell Park; some city streets will be closed. Mr. Russell stated he has talked with City Administrator Larry Hansen and the Cable Commission regarding possibly cablecasting meetings. He said the City is allocated four meetings a month and currently only does two meetings. Mr. Russell stated he would take with Mr. Hansen to see ifhe wants to make a recommendation to the Council about cable coverage. Other items: Mr. Polehna asked about a plan for Staples Park. Mr. Russell said the City does have CDBG money and suggested that the Board should schedule the issue for its March meeting. . Ms. Flinn noted that there is LCMR money available for trails. She stated that she had asked a handicapped person from Wilderness Inquiry to visit the McKusick Ravine on Wednesday, Feb. 27, to obtains input on possible alternatives for bituminous surface of the Ravine. Mr. Polehna stated the trail by the Bradshaw property by 62nd Street is very nice. Mr. Milbrandt noted the City's web site should be changed to indicated the Park Board membership has changed from 11 to seven. Mr. Junker, seconded by Ms. Snellman, moved to adjourn at 8:30 p.m.; motion passed unanimously. Respectful submitted, Sharon Baker Recording Secretary . " · Memo From: Date: Subject: Tim Thomsen, Parks and Public Works, Klayton Eckles, City Engineer, Sue Fitzgerald, City Planner Steve Russell, Community Development Director It. .../ February 26, 2002 r Action Items from the February 25, 2002, Parks Board Meeting To: The following actions or directions were provided at the February 25, 2002 Parks Board Meeting. Some of the items require staff follow up as listed below: 1. Lifeguards at Lily Lake Beach. The Parks Board recommends eliminating life guards at the beach and in its place signing the beach "No Lifeguard on Duty". They also felt that a parks maintenance worker should be responsible for periodically maintaining and oversee activity at the beach and for staff to look into cost of a bleach emergency phone connection. (This could save the City $ 13,OOO/year.) . Action: The Parks Board would like to have Tim's response to the recommendations for the next meeting before taking it to Council. 2. Live Music Request for Pioneer Park. The Board recommends denying the request indicating they do not give exclusive use of the park for concerts accept for City sanctioned public events. The promoters of College Music Festival are referred to the Chamber of Commerce for inclusion in the Music on the Waterfront Summer schedule. Action: For the March Parks Board meeting, the Board would like a report on the City's Parks Use Policy for Board consideration. 3. Staples Field. As a major item on next month's agenda, the Board would like to hold a public meeting on Staples Field Park. Park area residents should be noticed to provide an opportunity for input. 4. TV Coverage. The Parks Board would like TV coverage of their meetings. Next months (March) agenda items: . 1. Staples Field Park Plan 2. City Park Use Policy 3. Fishing Pond cc: Larry Hansen, City Administrator r illwater "~ -- - ~ --- ~ THE BIRTHPLACE OF MINNESOTA J . PUBLIC MEETING STAPLES FIELD STILLWATER CITY HALL 216 NORTH FOURTH STREET 2ND FLOOR CONFERENCE ROOM MONDAY, MARCH 25, 2002 7:00 P.M. . You are invited to review and comment on current park design, and to consider changes and improvements to Staples Field. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 -I r TT'lli ii!! ~ =t~ ~~:::~>'-==-~::I [:{Y I g JT L__ --rL,,=l c--- l i- tllll-r'-rl m"'m'" __l'tf~ :~~ _ --ITfg..--~! ~i~~ ~ [f li-'i - - -< r ~ III' '~s= ~=:=~}== -0 II I -1= -<~+:-- E T STREET - - ~ ....:...=--== lm~~: 1,I,i-liL ,i II ~~~ OWENS STREn c S A H ,'j NORTH OWENS STREE ] I ~] II II ~,_,~IIIII II ] I Ii, == II ~ I ] I ~lTnr ~ II, i]! == II I ";' MtHWf- 1t~. "'" 'T" ~'T:L ~ STREET -- ,_ I ~ IIII ~ III I R I I ~ ___~~ -t- I] liB I N II I ;~~~~ ;RETI STREET 1111 ~ ~ II II ~_ EVERETT STREET 11111~~=d111 I =t=,,-f--\\\/- = "' == ITH MARTH TR _/------- ::tl _ 11,11~11 illi ::~;;;~I II; = II ~ II r--r m -r---- _~.-Ji - 'CT m NORTH HARRIET TEET ::: ---j __ ! - -f- 111 ~~;== lT1 \ -1-- :,~,\\. ''\:: ~ \ 1'--- />.:~ '. \ '. - -s-- ~- '/ ~~ (fl _ STRF.F.7 _L _ ;'3l:\~ \(I\ /_/~ \~ ' " -, '__' i i I~ -::;::::-/ .:~~ / \" "o~ ,,:/, NT" / ~~'~~.'~;.~'U; 1:, 0-.;--1 \r/'~~~.. C_ia.. .~. ~~~. >"~ ...~~ s -< __/~y-- _________'-\. . - >"3".~~./e--;.. .\ "" I NORTH ~~\j~/ >"O~' \ \'"'~/ i'':;'' p...'J \" ~\I." n"II"'~ , __ /y~ ',-- ,_ _ "O~ /~)\~ , IY ! , I ! iJ-H ' =-~~- MEADOWVIEW 0 '" ~ -- i iT i~ i i 11 ~~..~,. i I . ~ ~ ~ o~ 11'vCll om~--'~')> I i 1T"Yf/~ . /' 1/ ! R1cl!JTTI~~~' ....Vl ~~s0i------- i ; I 0 ........~ "II I I W II ~ , I - f1 Ii m l-or' '/ I I" i I ,+ ------,--L NESO A ST I I ORTH WJ:N STREET - -~ ----~-_.,.. .;; Ii r f- -.. ,- - - ! ---- - NORTH FOU I STREET ------ ====1 ::;;== ~ --- ~= r. ::t::t: '" -< ffi ~~ FOURTH STREET ~+- -- il! Tnr --~- IRQ STRE THIRD I iji I '" I II ~ --- ~ -n-F= ~ I III ~ ~ ST E T NOR SECOND i I ~ 1'1 lri ~ i Ii --11 ~ ["'I ,,--H I! ! I l--- -J I Q I! I NO " FOURTH STREET m l; DD I II I ;lJ NORTH rrfMit-lJi I---~Jl~ipf-I ~I-. ~-.J)~I~I ~ STR T ~ o i2 ,. '" ~ ~ -f-- ~ I !-- .... 'i SECON STREET NOR.TH SECOND STREET f'~ H mw ~ 0 . j' ~2.t.. J;:;.. 1l ~H 3l~ "~hi U 1', < . (f) < ~ fH ~~[~-~~ () ~ Ql n' 1l .j' .! '<,I a. ~2.. CD 2: ~ .~ imH ~.,i t 5' -< ~~ i, g ~l ~:- ~ 'T1 ;;: ~ IHH <1> Ql ~ i \!l. " ! l i,p~ Ol co 0 . r i1lwater ~_._.'-~:= ~ THE BIj\...THPLAJi~OF MINNESOTA i) city 01 ~tillwater Staples Park Neighborhood Survey The City of Stillwater is committed to providing excellent recreation facilities for your use. Stillwater Parks and Recreation Commission would like your assistance and input in their planning efforts for the Staples Park Complex. To help us understand which outdoor activities are the most important to the community, we are asking you to complete the enclosed survey. Please return the completed survey to City Hall by January 31,2001. If you have questions or concerns, please call Sue Fitzgerald at 651-430-8822, or contact any member ofthe Parks and Recreation Commission. Thank you for your assistance. STAPLES PARK SURVEY 1. Are you or any member of your family current users of Staples Park? Yes 55 No 23 If yes, which areas: Tennis Courts 29 Basketball Court 22 Playground Equipment 43 Ballfields 27 Ice Rink 44 . 2. How rpany people live in your household? 29 0 - 4 years old 20 5 - 9 years old 32 10 - 15 years old 93 16 - 49 years old LOver 50 years old 3. Have you experienced any problems when using the Park? Yes 25 No 48 . (see exhi bi t A) If yes, would you please elaborate 4. What, if any, additional enhancements or deletions would like to see made to Staples Park? Examples: Picnic Facilities . Places to sit Volleyball Other -.2.L 51 L- (OVER) CITY HALL: 216 NORTH FOURTH STILLWATER} MINNESOTA 55082 PHONE: 651-430-8800 City of Stillwater Staples Park Neighborhood Survey, continued r iIlwater "~- = '-- ~~ THE BIRTHPLACE OF MINNESOTA J . 5. Would you favor closing the streets nlnning through the Park? Yes 33 No 35 6. How satisfied are you with the Park? Very Satisfied 9 Satisfied 35 Neutral25 Dissatisfied 6 Very Dissatisfied 3 7. Overall, how satisfied are you with the Park? Very Satisfied 14 Satisfied 28 Neutral 26 Dissatisfied 4 Very Dissatisfied 3 8. How safe do you feel when you visit the Park? Very Satisfied 21 Satisfied 36 Neutral13 Dissatisfied 2 Very Dissatisfied 1 9. How would you rate the Parks condition and maintenance? Excellent 8 Good 39 Fair 25 Poor 5 . THANK YOU FOR YOUR ASSISTANCE . CITY HALL: 216 NORTH FOURTH STILLWATER? MINNESOTA 55082 PHONE: 651-430-8800 Exhi bit A . Staples Park Survey #3 Problems Olderboysnanguage 8 Courts locked 8 No bathrooms 2 No warming house 4 No skating lights 1 Dog messes 1 Need a better ballfield 1 Loud noises at night 1 Crowed ice irnk 1 More benches 1 Limited play equipment 1 Stray dogs 1 Fast driving 1 Enhancements Skateboarding 1 Bathrooms 2 Open basketball 1 Gardens 4 Outdoor pool 1 Fence around ballfield 3 . More play equipment 6 Volleyball 8 More trees 3 Warming house 5 Shelter 1 Hockey boards 2 . . . . ..' ~1 The purpose of this petition is to p~rmanently remove the basketball court on the corner of Martha and Aspen Streets in the City of Stillwater. Our neighborhood is being subjected to the following conditions: · Loud noise and profa~iY at all hours of the day · Personal threat~19 life and property · Property damage in t~~:form of broken windows · Trespass that inol~des exposure and urination · Alcohol consumption by})?pth adults and minors We have worked with the parks~_ommission, the City Council, and most recently, the Stillwater Rolice Department to solve these problems but they have grown inc'reasingly worse. It is time to remove the basketball court and return quiet and safety to the neighborhood. Address sc I' 'V . ' . The purpose of this petition is to permanently remove toe basketball court on the corner of Martha and Aspen Streets in the City of Stillwater. Our neighborhood is being subjected to the following conditions: · Loud noise and profanity at all hours of the day · Personal threats to life and property . Property damage in the form of broken windows · Trespass that includes exposure and urination · Alcohol consumption by both adults and minors We have worked with the Parks Commission, the City Council. and most recently, the Stillwater Police Department to solve these problems but they have grown increasingly worse. It is time to remove the basketball court and return quiet and safety to the neighborhood. . Nam, ---p,rIJ1! .g/JtA.~ Address ? Z Lf / I~I /AI / L~ /:::. /1(.1 . . . MemorandUlll To: Park Board From: Tim Thomsen Date: 3/18/02 Re: Response to Action Items from February 25th Meeting 1. Lily Lake Park A. Lifeguards - If Council votes not to have lifeguards on duty at Lily Lake, the Park employees will clean up the beach every morning 7 days a week while doing the trash run in all parks. Phones - I called Quest on having Emergency Phones or pay phones and we have two choices. B. . 1. Emergency phone would be $60 for hookup, $95 for installation, $40 montWy service for 3 month, then $10 per month for 9 months. This phone is for 911 and local calls only. Long distance and all other numbers are blocked. 2. Pay phone - $415 installed, $56.77 per month, 12 months a year. Plus pay phones get vandalized a lot. Recommendation: To go with Emergency phone. C. Restrooms - The beach goers will either have to use the restroom across the parking lot by the ball field or we could put a portable restroom by the beach at $65 per month for 3 months. 2. As for the live music in Pioneer Park, Frankie Peterson was not asking for exclusive use of the park. He was asking to rent the band shell and have the park open to the public. 3. City Park Use Ordinance- The City Park Use Ordinance, Sec 48-2 Use of parks, is very old and only lists some of the City parks rather than all parks. Maybe the policy should be rewritten. I will send a copy of the policy and also a copy of Lowell Park contracts. Sorry I could not be at this meeting, I am out of town until March 26th and I did not know that Steve was gone at the same time. . . Sec, 48-1. Sec. 48-2. ~ Sec. 48-4. Sec. 48-5. Sec. 48-6. Sec, 48-7. .-) . . Chapter 48 PARKS AND RECREATION* Parks and recreation board. Use of parks. Regulating Use of Lily Lake, McKusick Lake and Lily Lake Park. Consumption and possession of intoxicating liquor and 3,2 per- cent malt liquor in Pioneer Park, Consumption and possession of intoxicating liquor and 3.2 per- cent malt liquor in Lowell Park and Washington Park; establish- ing curfew in parks within city. Regulating the St. Croix River waterfront; providing for safety and comfort of persons using the waterfront, regulating and providing standards for docks, Use and operation of watercraft on Long Lake. *Cross reference-Streets, alleys and public property, ch, 24. Supp. No, 6 CD48:1 PARKS AND RECREATION . Sec. 48-1. Parks and recreation commission. Subd. 1. Establishment. There is hereby cre- ated a parks and recreation commission ("commis- sion"), that upon the passage and publication of this ordinance will be the successor to the current parks and recreation board, which is hereby abol- ished. Subd. 2. Powers. The commission will have the powers necessary to carry out the functions and duties set forth in this section. Subd. 3. Function. (1) The commission must advise the city coun- cil and other advisory commissions regard- ing matters relevant to the park, open space and recreation function, including, but not limited to, the expansion of and plans for the development of city park, trails and recreational facilities. ..;~ (2) The commission must monitor and reflect the attitudes and concerns of the citizens of Stillwater relative to the park and open space system and recreational programs and advise the city council of citizen atti- tudes and policy matters relevant to the park, trails, open space and recreation needs in the city. . Subd. 4. Duties. The commISSIOn, with the assistance of city staff must: (1) Develop and recommend to the city coun- cil, and upon the council's adoption, mon- itor the execution of a comprehensive plan and park open space classification system for park and recreation facilities in the city and make recommendations for changes it deems necessary. (2) Annually report to the city council regard- ing achievements toward fulfillment of the comprehensive plan and recommend amendments to the comprehensive plan. . (3) Frequently visit city parks and keep in- formed of current recreation programs in order to continually review and evaluate the park and open space development and recreation programming. Supp. No.8 CD48:3 ~ 48-1 (4) Develop and recommend methods to stim- ulate positive public interest in park and recreation facilities and programs. (5) Develop and recommend feasible methods of discouraging vandalism and destruc- tion of city park facilities. (6) Develop and recommend feasible methods of financing city park improvements. (7) Serve as a forum for the citizens of the city to voice opinions regarding open space acquisition, park and recreation activi- ties. (8) Promote coordination with the school dis- trict serving Stillwater, encouraging the interchangeable use of city and school district facilities and programs to the best interest of citizens of the city. (9) Encourage dissemination of information to and coordination with city organiza- tions interested in the park and recre- ation involvement such as garden clubs, athletic groups and civic organizations. (10) Encourage coordination with other com- munities and agencies in matters benefi- cial to the park and recreation function. (11) Develop and transmit recommended cap- ital improvements annually to the city council for inclusion in the capital improve- ments program. (12) Review and make recommendations to the city council on development proposals, consistent with adopted policies, ordi- nances, regulations and the comprehen- sive plan. (13) Review and recommend items to be in- cluded in the park and recreation annual budget. Subd. 5. Membership. (1) The commission will be composed of seven members appointed by the council, one of whom must be an elected member of the city council. (2) With the exception of the councilmember, the members of the commission will be appointed upon majority consent of the ~48-1 STILLWATER CODE council for staggered terms of three years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term which their predecessor was appointed may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will con- tinue to serve until their successor is appointed and qualified. Members of the former parks and recreation board cur- rently in office at the time of passage of this ordinance may continue to serve on the successor commission until the expi- ration of their current term, and the num- ber of commissioners reduced to seven through attrition. (3) The council member must be appointed annually bj the council and is privileged to speak and vote. (4) Members of the commission must be res- idents of the city while serving on the commission and should represent a broad range of interests in the park, open space and recreation function. However, it is a goal, but not a requirement that all wards of the city have commission representa- tion. (5) Commissioners must serve without com- pensation. Subd. 6. Officers and meetings. 0) The commission must hold one regular meeting each month, the regular to be held on the fourth Monday of each month at 7 :00 p.m. at the Stillwater City Hall. The chairperson may cancel any regular meeting if the chairperson determines that there is not sufficient meaningful busi- ness to conduct at a meeting. A majority constitutes a quorum for the transaction of business. (2) The commission must adopt rules and procedures consistent with these provi- sions and as may be necessary for the proper execution. (3) At the beginning of each calendar year the commission must select a chairper- Supp. No.8 son. The chairperson may be removed with the majority vote of the commission. The chairperson must: (a) Preside over meetings of the commis- sion. . (b) Appear or appoint a representative to appear as necessary before other city advisory commissions and the city council to present the view point of the commission on matters per- taining to park, open space and rec- reation functions as they relate to business under consideration by the commissions or city council. (c) Provide the liaison with other gov- ernmental and volunteer units in matters relating to the park, open space and recreation function for the purpose of obtaining and providing timely information. (4) A vice-chairperson must also be appointed annually by the commission. The vice- chairperson must perform the duties as- signed by the chairperson and must as- sume the responsibilities of the chair in absence of the chairperson. . Subd.7. Staff 0) The community development director is responsible for the preparation and up- date of all plans regarding municipal park and recreation facilities and for the com- munication of the plans to the commis- sion. The community development direc- tor must coordinate the work with the commission and delineate activities in the work program for the commission, in or- der that it may provide citizen participa- tion in the preparation and carrying out of various recreation and park projects. The community development director must keep the commission informed of all actions of the city council and other city commissions relevant to the function of the commission and with the assis- tance of the public works director is responsible for the training and orientation of all new com- mission members, . CD48:4 PARKS AND RECREATION . The community development director must cause to be prepared an agenda for each commission meeting and must submit the agenda to the commission in a timely manner. The community development director shall attend meetings as may be required by the commission. The community development director may as- sign a qualified member of the community devel- opment department to assist in carrying out the duties and responsibilities required by this sec- tion. (2) The public works director is responsible for the maintenance of park and recre- ation facilities. The public works director must cooperate with the community de- velopment director in the development of plans for park and recreation facilities and coordinate and administer all phases of park and recreation implementation. The public works director must attend meetings as may be required by the com- mission and keep the commission in- formed on park and recreation facility maintenance programs and budgetary needs. ..;~ . The public works director may assign a quali- fied member of the public works department to assist in carrying out the duties and responsibil- ities required by this section. (Ord. No. 663, 6-2-87; Ord. No. 750, 1-7-92; Ord. No. 896, 5-16-00) Cross references-City administration, ch. 22; condi- tions for appointment to city boards and commissions, ~ 22-8, Sec. 48-2. Use of parks. Subd.l. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivi- sion, except where the context clearly indicates a different meaning: Public parks or park means real property owned by the city devoted to recreational use. . Subd. 2. Defacing or destroying property. No person may deface, destroy, diminish or impair the value of public or private property located Supp. No.8 ~ 48-3 within, any public park in the city including buildings or structures, or trees, shrubs or vege- tation. Subd. 3. Parking and driving of vehicles. No person may drive a motorized vehicle in a public park other than on public roads within the park. No person may park a motorized vehicle in a public park in an area not specifically posted with signs permitting parking of motorized vehicles nor in an area posted with signs prohibiting parking. Subd. 4, Speed of vehicles. No person may drive or operate a motorized vehicle at a speed in excess of 15 mph in any park unless legally signed for a higher speed. Subd, 5. Open fires. No person may build a fire in any place in any park except in fireplaces or receptacles provided for the building of fires or in an area specifically posted with signs permitting the building of an open fire. Subd. 6. Swimming or wading in certain ar- eas. No person may wade or swim in an area in which signs have been posted prohibiting swim- ming or wading. In all areas wherein swimming and wading is permitted, the city council has the authority by resolution to prohibit the use of equipment dangerous to persons swimming or wading and to prohibit activities or conduct as dangerous or hazardous. (Code 1980, ~ 48.02) Sec. 48-3. Regulating Use of Lily Lake, McKusick Lake and Lily Lake Park. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivi- sion, except where the context clearly indicates a different meaning: Alcoholic beverage means intoxicating liquor, as defined in the state statutes. Beach premises means that part of Lily Lake Park described as follows: That area bounded on the south by the arena-beach house building; bounded on the west and the east by chainlink fences running north and south to the water's CD48:4.1 ~ 48-3 STILLWATER CODE edge and continuing into the water of Lily Lake by strings of white floating logs; bounded on the north by a string of white painted floating logs running east and west. Flotation devices means any air inflated, styrofoam or other buoyant devices including, but not limited to, inner tubes and air mattresses, other than a U.S. Coast Guard approved life buoy or life jacket, when properly worn. Lily Lake Park means that property owned by the city used as a public park and abutting on Lily Lake described as follows: Lots 14 and 15, block 20, Holcombe's Second Addition to the city, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds in and for Wash- ington County, Minnesota. Also all that part ofthe SW1/4 of the NW~1,4 of Section 33, Township 30, Range 20 describe~d as follows: Beginning at a point where the south line of lot 14, block 20, Holcombe's Second Addition to where the city intersects with the westerly line of South Greeley Street; thence south along the westerly line of South Greeley Street 195.2 feet to an iron pipe; thence continuing southerly along the westerly line of South Greeley Street 155.4 feet to an iron pipe; thence continuing southerly along the west- erly line of South Greeley Street 284,0 feet to an iron pipe; thence deflecting to the right 122 de- grees 1 minute 692.1 feet to an iron pipe on the west line of such SWI/4 of the NWI/4; thence north along such west line to the NWI/4 of such SWI/4 of the NWI/ 4; thence east along the north line of such SWI/4 of the NWI/4, being also the south line oflot 15, block 20, Holcombe's Second Addition, to the point of beginning. And also all that part of the NEI/4 of Section 32, Township 30 North, Range 20 West, in the City of Stillwater, Minnesota, de- scribed as follows: Commencing at the southeast corner of the NEI/4 of Section 32, Township 30 North, Range 20 West, Stillwater, Minnesota; thence north along the east line of such Section 32 for 807 feet to the point of beginning of this description; thence northwesterly by a deflection angle to the left 50 degrees 55 minutes for 386.6 feet, thence north by a flection angle to the right 50 degrees 55 minutes for 1.026 feet to its inter- . . . Supp, No.8 CD48:4.2 PARKS AND RECREATION . section with a line drawn parallel and 561.84 feet south of the north line of such Section 32; thence east along such line drawn parallel and 561.84 feet south of the north line of such Section 32 for 300 feet to its intersection with such east line of Section 32; thence south along such east line of Section 32 for 1,269.56 feet to the point of begin- ning. Power-operated watercraft means any water- craft, including seaplanes when not airbome, which is propelled by any means other than sail, oars, paddles, poles, foot-operated paddle wheels or electric trolling motors. State law reference-Intoxicating liquor defined, Minn. Stat. ~ 340A.101, subd. 14. Subd.2. Power-operated watercraft. No person '} may operate a power-operated watercraft on Lily Lake or McKusick Lake at any time. (Ord. No. 888, ~~ 1, 2, 2-1-00) . Subd. 3. Flotation devices. No person may en- ter the waters of Lily Lake Park with a flotation device or use the device within the beach prem- ises for other than emergency purposes. Subd. 4. Entry to Lily Lake. No person may enter the waters on Lily Lake from the shoreline of Lily Lake Park as previously described in this section except at places designated by signs con- structed and erected as follows: A metal sign plat, stating either "boat launching" or "swimming area" and erected on standard channel steel sign- posts, Subd. 5. Alcoholic beverages. No person may conveyor consume any alcoholic beverages upon the beach premises. Subd. 6. Hours of use of beach premises. No person may be present upon the beach premises or use beach equipment during hours when the beach premises are not supervised by lifeguards or instructors employed for that purpose by the city or other authorized agency. . Subd. 7. Penalty. Any person who violates any provision of this section is guilty of a misde- meanor. (Code 1980, ~ 48.03) Supp. No.6 ~ 48-5 Sec. 48-4. Consumption. and possession of intoxicating liquor and 3.2 per- cent malt liquor in Pioneer Park. Subd. 1. Prohibited generally. No person may consume upon, introduce upon, or have in his possession upon the public park known as Pio- neer Park and located upon Block 8 of the Origi- nal Town (now City) of Stillwater, any intoxicat- ing liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A. Subd. 2. Exemption by city council. The city council may upon its own motion or upon appli- cation waive prohibitions of subdivision 1 of this section for specific occasions, groups or individu- als. (Code 1980, ~ 48.04) Cross reference-Liquor generally, ch. 43. Sec. 48-5. Consumption and possession of intoxicating liquor and 3.2 per- cent malt liquor in Lowell Park and Washington Park; establish- ing curfew in parks within city. Subd. 1. Prohibited generally. No person may consume upon, introduce upon or have in his possession upon the public park, known as Lowell Park or the public park, known as Washington Park, any intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A. Subd. 2. Prohibited hours for certain acts. It is unlawful for any person to be present in or upon the public parks within the city between the hours of 10:00 p.m. and 6:00 a.m. when that person does loiter or make undue noise by shout- ing or yelling, or when that person otherwise disturbs the peace and quiet of the city. Subd. 3. Exemptions by city council. The city council may, upon its own motion or upon appli- cation, waive prohibition of subdivisions 1 and 2 of this section for specific occasions, group or individuals, upon reasonable assurances that the safety and welfare of the public and the peace and quiet of the city will be protected. (Code 1980, ~ 48.05) Cross reference-Liquor generally, ch. 43. CD48:5 ~ 48-6 STILLWATER CODE Sec. 48-6. Regulating the St. Croix River wa- terfront; providing for safety and comfort of persons using the wa- terfront, regulating and provid- ing standards for docks. Subd. 1. Waterfront defined. Waterfront means any property abutting on the St. Croix River located within the corporate limits of the city, and including that portion of the surface of the St. Croix River over which the city has lawful juris- diction. Subd. 2. Reckless or careless operation. No person may operate a boat in a reckless or care- less manner or at an excessive rate of speed so as to endanger or to be likely to endanger the life or property of any pe~son. No person may operate a boat at a rate of speed which causes waves to damage docks, wharves or boats moored to docks or wharves along the water. In addition, the wake restrictions contained in state department of nat- ural resources rules, NR 220.D.1.e. are hereby adopted by reference. Every provision contained therein is made a part of this section as iffully set forth in this subdivision. Subd. 3. Disturbing other boats. No person may operate a boat in such a manner as to unjustifiably or unnecessarily disturb, frighten or endanger the occupants of any other boat or throw up a dangerous wake when approaching another boat. Subd. 4. Abandoned boats. Every boat in the water subject to this section which is abandoned or which becomes a menace to navigation or unseaworthy or sinks, grounds or becomes other- wise disabled, is hereby declared to be a nuisance, and the owner or person in charge thereof shall abate such nuisance within seven days after no- tice from the director of public safety of the city. If the nuisance is not abated within the time, the city must abate the nuisance and charge the cost of the abatement as a lien against the vessel so removed. Subd. 5. Improper mooring. No boat may be moored at places that are lawfully posted "No Mooring" by order of the Stillwater Port Author- ity. Supp. No.6 . Subd. 6. Boats to observe health and conduct rules. The owner or person in charge of or occu- pying boats docked at or moored to land, docks, piers or wharves abutting the water shall observe all health and sanitary regulations of the city and all ordinances of the city relating to the conduct of persons and prohibiting acts contrary to public health, safety and peace. Subd.7. Operating under the influence ofalco- holic beverages. No person may operate a boat while under the influence of intoxicating liquor, narcotic drugs or controlled substances. State law reference-Prohibited drugs, Minn. Stat. cb, 152. Subd. 8. Heads. All boats with heads must have a marine toilet system that is U.S. Coast Guard certified and meets current pollution stan- dards of the city and any regulatory agency with legal jurisdiction applicable to marine toilet sys- tems. Subd.9. Open fires. No person may build a fire in any area subject to this section except in a fireplace or receptacle provided for the building of fires in an area specifically posted by the Stillwater Port Authority with signs permitting the building of an open fire. Subd. 10. Swimming or camping. No person may wade, swim or camp except in an area where signs have been posted permitting swimming, camping or wading by order ofthe Stillwater Port Authority. Subd. 11. Time of dockage; boarding for hires. No person may tie up, moor or beach a boat or other vessel in any area subject to this section for more than eight continuous hours without first having obtained a wharfage permit from the city. This restriction does not apply to duly authorized and permitted docks or marinas. No vessel or charter boat is allowed to take on passengers or ot~erwise board for hire within the waterfront of the city without first having obtained a wharfage permit from the city. Subd. 12. Dock permits required. No person may establish, construct or operate a dock, pier, wharf or other similar appurtenance without hav- ing obtained a dock permit. . . CD48:6 PARKS AND RECREATION . south of the north line of such Section 32; thence east along such line drawn parallel and 561.84 feet south of the north line of such Section 32 for 300 feet to its intersection with such east line of Section 32; thence south along such east line of Section 32 for 1,269.56 feet to the point of begin- ning. Power-operated watercraft means any water- craft, including seaplanes when not airborne, which is propelled by any means other than sail, oars, paddles, poles, foot-operated paddle wheels or electric trolling motors. State law reference-Intoxicating liquor defined, Minn. Stat. ~ 340A.101, subd. 14. Subd. 2. Power-operated watercraft. No person may <?perate a power-operated watercraft on Lily Lake-'ilt any time. Subd. 3. Flotation devices. No person may en- ter the waters of Lily Lake Park with a flotation device or use the device within the beach prem- ises for other than emergency purposes. . Subd. 4. Entry to Lily Lake. No person may enter the waters on Lily Lake from the shoreline of Lily Lake Park as previously described in this section except at places designated by signs con- structed and erected as follows: A metal sign plat, stating either "boat launching" or "swimming area" and erected on standard channel steel sign- posts. Subd. 5. Alcoholic beverages. No person may conveyor consume any alcoholic beverages upon the beach premises. Subd. 6. Hours of use of beach premises. No person may be present upon the beach premises or use beach equipment during hours when the beach premises are not supervised by lifeguards or instructors employed for that purpose by the city or other authorized agency. Subd. 7. Penalty. Any person who violates any provision of this section is guilty of a misde- meanor. (Code 1980, ~ 48.03) . ~ 48-5 Sec. 48-4. Consumption and possession of intoxicating liquor and 3.2 per- cent malt liquor in Pioneer Park. Subd. 1. Prohibited geTU!rally. No person may consume upon, introduce upon, or have in his possession upon the public park known as Pio- neer Park and located upon Block 8 of the Origi- nal Town (now City) of Stillwater, any intoxicat- ing liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A Subd. 2. Exemption by city council. The city council may upon its own motion or upon appli- cation waive prohibitions of subdivision 1 of this section for specific occasions, groups or individu- als. (Code 1980, ~ 48.04) Cross reference-Liquor generally, ch. 43. Sec. 48-5. Consumption and possession of intoxicating liquor and 3.2 per- cent malt liquor in Lowell Park and Washington Park; establish- ing curfew in parks within city. Subd. 1. Prohibited geTU!rally. No person may consume upon, introduce upon or have in his possession upon the public park. known as Lowell Park or the public park, known as Washington Park. any intoxicating liquor or 3.2 percent malt liquor, as defined in Minn. Stat. ch. 340A Subd.? Prohibited hours for certain acts. It is unlawfuf for any person to be present in or upon the public parks within the city between the hours of 10:00 p.m. and 6:00 a.m. when that person does loiter or make undue noise by shout- ing or yelling, or when that person otherwise disturbs the peace and quiet of the city. Subd. 3. Exemptions by city council. The city council may. upon its own motion or upon appli- cation, waive prohibition of subdivisions 1 and 2 of this section for specific occasions, group or individuals, upon reasonable assurances that the safety and welfare of the public and the peace and quiet of the city will be protected. (Code 1980, ~ 48.05) Cross reference-Liquor generally, ch. 43. CD48:5 ~ 48-6 STILLWATER CODE See. 48-6. Regulating the St. Croix River wa- terfront; providing for safety and comfort of persons using the wa- terfront, regulating and provid- ing standards for docks. Subd. 1. Waterfront defined. Waterfront means any property abutting on the St. Croix River located within the corporate limits ofthe city, and including that portion of the surface of the St. Croix River over which the city has lawful juris- diction. Subd. 2. Reckless or careless operation. No person may operate a boat in a reckless or care- less manner or at an excessive rate of speed so as to endanger or to be likely to endanger the life or property of any person. No person may operate a boat at a rate ot speed which causes waves to damage docks, wli1arves or boats moored to docks or wharves along the water. In addition, the wake restrictions contained in state department ofnat- ural resources rules, NR 220.D.1.e. are hereby adopted by reference. Every provision contained therein is made a part of this section as if fully set forth in this subdivision. Subd. 3. Disturbing other boats. No person may operate a boat in such a manner as to unjustifiably or unnecessarily disturb, frighten or endanger the occupants of any other boat or throw up a dangerous wake when approaching another boat. Subd. 4. Abandoned boats. Every boat in the water subject to this section which is abandoned or which becomes a menace to navigation or unseaworthy or sinks, grounds or becomes other- wise disabled, is hereby declared to be a nuisance, and the owner or person in charge thereof shall abate such nuisance within seven days after no- tice from the director of public safety of the city. If the nuisance is not abated within the time, the city must abate the nuisance and charge the cost of the abatement as a lien against the vessel so removed. Subd. 5. Improper mooring. No boat may be moored at places that are lawfully posted "No Mooring" by order of the Stillwater Port Author- ity. Subd. 6. Boats to observe health and conduct rules. The owner or person in charge of or occu- pying boats docked at or moored to land, docks, piers or wharves abutting the water shall observe all health and sanitary regulations of the city and all ordinances of the city relating to the conduct of persons and prohibiting acts contrary to public health, safety and peace. Subd. 7. Operating urukr the influence of alco- Iwlic beverages. No person may operate a boat while under the influence of intoxicating liquor, narcotic drugs or controlled substances. State law reference-Prohibited drugs, Minn. Stat. ch. 152. Subd. 8. Heads. AIl boats with heads must have a marine toilet system that is U.s. Coast Guard certified and meets current pollution stan- dards of the city and any regulatory agency with legal jurisdiction applicable to marine toilet sys- tems. . Subd. 9. Open fires. No person may build a fire in any area subject to this section except in a fireplace or receptacle provided for the building of fires in an area specifically posted by the Stillwater Port Authority with signs permitting the building of an open fire. Subd. 10. Swimming or camping. No person may wade, swim or camp except in an area where signs have been posted permitting swimming, camping or wading by order of the Stillwater Port Authority. Subd. 11. Time of dockage; boarding for hires. No person may tie up, moor or beach a boat or other vessel in any area subject to this section for more than eight continuous hours without first having obtained a wharfage permit from the city. This restriction does not apply to duly authorized and permitted docks or marinas. No vessel or charter boat is allowed to take on passengers or otherwise board for hire within the waterfront of the city without first having obtained a wharfage permit from the city. Subd. 12. Dock permits required. No person may establish, construct or operate a dock, pier, wharf or other similar appurtenance without hav- ing obtained a dock permit. . . CD48:6 PARKS AND RECREATION . Subd. 13. Other governmental agency permits. As a condition precedent to the filing of an appli- cation for a dock pennit under this section, the applicant must have obtained all other permits that are required by any other governmental agency having appropriate jurisdiction, including the state department of natural resources and the U.s. Army Corps of Engineers. Subd. 14. Adoption of state law provisions re- garding watercraft operation. Minn. Stat. ~~ 86B.311-86B.461 regarding the operation ofwa- tercraft are hereby adopted by reference. Every provision contained therein is hereby adopted and made a part of this section. Subd. 15. Penalties. Violation of any provision of this section is a misdemeanor. However this sectioh does not preclude civil actions if directed by the city council. (Code 1980, ~ 48.11) Sec. 48-7. Use and operation of watercraft on Long Lake. . Subd. l.Application. This section applies to the waters of Long Lake, located in sections 30 and 31, township 30 north, range 20 west, in the city. Subd. 2. Definitions. Terms used in this section related to boating are defined in Minn. Stat. ~ 86B.005. Subd. 3. Horsepower limit. With the exception of pontoon boats, watercraft used on Long Lake may not be powered by motors exceeding ten horsepower. Pontoon boats may not be powered by motors exceeding 25 horsepower. Subd. 4. Enforcement. Primary enforcement of this section shall rest with the county sheriff's department and the city police department. This, however, shall not preclude enforcement by other licensed peace officers. Subd. 5. Exemptions. All authorized resource management, emergency and enforcement person- nel, when acting in the performance of their assigned duties, are exempt from the provisions of this section. . ~48-7 Subd. 6. Public notification. It shall be the responsibility of the city to provide for adequate notification of the public, including the placement of any necessary buoys or signs. Subd. 7. Penalties. Any person who violates any of the provisions of this section is guilty of a misdemeanor and may be fined by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both. (Ord. No. 845, ~~ 1-7, 1-6-98) CD48:7 . . . ART FAIR AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the Rivertown Art Fair of 2002, part of a community wide celebration of the City; and the Greater Stillwater Area Chamber of Commerce, a Minnesota non-profit corporation (the "Chamber"), the liquor license holder within the City that has been granted authority to dispense intoxicating liquor pursuant to Minn. Stat. ~340A.404, sLibd. 10 ("Liquor"). 1. Celebration. The City has encouraged a community wide celebration in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Event. The Chamber has been granted authority to dispense intoxicating liquor at the celebration within the Beer Garden where the liquor will be dispensed. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of liquor at the celebration. 3. Area. Dispensing alcohol will be permitted in Lowell Park, north of the pump house. The area is approximately 20,000 square feet and is to be fenced with only one access point as per the plan submitted to the Police Chief. 4. Fencinq. The Area must be securely fenced. The Chamber will provide the fencing material and personnel needed to install the fencing. The Chamber must use their best efforts to see that the fence remains intact. 5. Crowd Manaqement. The Chamber will provide, at no cost to the City, private uniformed security officers. All security officers will be suitably identifiable. The number and deployment of the security force must meet the approval of the Stillwater Police Chief. For the purpose of this plan, only one entry gate is allowed and the area must be controlled by security personnel while alcohol is being served. A security guard must be in place to insure that no beer or liquor enter or leave the fenced Area. Signage will be prominently displayed at each entry/exit point to notify guests that no liquor/beer will be allowed in or out of the Area. Signage must also indicate that Identification is Required to Purchase Alcohol. Also, the City will provide two uniformed peace officers. The Chamber will reimburse' the City for the costs associated with providing one of these officers. 6. Identification. The Chamber will permit no one to consume liquor unless they provide identification. 7. No Other Alcohol or Coolers. No liquor is allowed in the Area except that liquor which is sold by the Chamber. The Chamber is responsible to see that no other liquor is brought into the Area. The Chamber must not allow bottles, containers or coolers to be brought into the Area. 8. Insurance. The Chamber must provide to the City satisfactory proof that it has obtained liability insurance that names the Chamber and the City as an additional insured, as. loss payees, in an amount of at least two hundred and fifty thousand and no/100 dollars ($250,000.00) per person and seven hundred and fifty thousand and no/100 dollars ($750,000.00) per occurrence, for loss sustained by either acts or occurrences that arise from or grow out of the celebration, and Liquor Liability coverage as described in Minn. Stat. ~340AA09, evidenced at a minimum, the coverage described in Minn. Stat. S340AA09, subd. 1. 9. Siqns. The Chamber will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor outside of the Area, as well as the prohibition against participants bringing their own liquor into the Area. Signage must also indicate identification required to purchase alcohol. 10. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 11. Hours of Operation. Operations are limited to 10:00 a.m. to 7:00 p.m. Saturday, May 18, 2002; and 10:00 a.m. - 6:00 p.m. Sunday, May 19, 2002. 12. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Chamber will cease dispensing and assist the police in the clearing of the Area. . 13. Exclusive Use of Lowell Park. In return for the exclusive use of the Lowell Park and the right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations: · Damage deposit of $250.00 and a users fee of $500.00 to be paid at the signing of this contract (deposit of $250.00 to be refunded in whole or in part, depending on amount of damage, if any, as determined by the Parks Director). The lessee shall be responsible for any damage that is not covered by the deposit. · Lessee shall furnish dumpsters or roll-off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. · Lessee shall furnish portable restrooms (at least four) to augment the existing facilities. NOTE: In the case of Lowell Park the existing restroom facility shall be closed and the City shall furnish at least four additional restrooms. · Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 14. Hold Harmless and Indemnify. The Chamber agrees to hold the City harmless. and to indemnify and defend the City with regard to any claims, causes of action, or demands 2 . . . that might be brought against the City arising out of the activities in the Area, including the dispensing of liquor pursuant to this Agreement. IN WITNESS WHEREOF, the parties have set their hands this _ day of ,2002. Subscribed and sworn to before me this day of , 2002. Notary Public Subscribed and sworn to before me this day of , 2002. Notary Public Subscribed and sworn to before me this day of , 2002. Notary Public By Its GREATER STILLWATER AREA CHAMBER OF COMMERCE By ~4g<-<;. Its e<!x)€J'J IVOI,<;__ CITY OF STILLWATER Jay L. Kimble, Its Mayor Attest: Diane F. Ward, Its Clerk 3