Loading...
HomeMy WebLinkAbout2014-01-08 P & R Packet CITY OF CENTERVILLE PARKS & RECREATION AGENDA Wednesday, January 8, 2014 — 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. SET AGENDA III. APPEARANCES 1. Mr. Rob Bacon, Eagle Scout Project Proposal IV. CONSIDERATION OF MINUTES 1. Parks & Recreation Committee Minutes of November 6, 2013 V. COMMITTEE BUSINESS 1. Mr. Rob Bacon, Eagle Scout Project 2. Basketball Court(s) — LaMotte Park 3. Appoint Chair & Vice Chair 4. January 11, 2014 Ice Skating Event 5. 2013 Budget Excess/Reserve Amount/Improvement Projects VI. UPDATES 1. Council Updates — Council Member Steve King 2. Purchase of Benches — (P. Palzer) On -Going Items 1. None VII. ACTION ITEM(S) REVIEW VIII. ADJOURNMENT *REMINDERS ** Planning & Zoning Commission Meeting — February 4, 2014 6:30 p.m. Council Chambers City Council Meeting — January 8, 2014, 6:30 p.m. Council Chambers City Council Meeting — January 22, 2014, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — January 8, 2014, 6:30 p.m. (Administrative Offices) Centerville Lions Annual Ice Fishing Contest & EAA Young Eagles Airplane Rides — February 22, 2014, 8:00 a.m. Centerville Lake *PARK USAGE* Skate Night — Laurie LaMotte Memorial Park Ice Rinks, January 11, 2014, 6:30 p.m. Skate Night/Hayride — Laurie LaMotte Memorial Park Ice Rinks, February 8, 2014, 6:30 p.m. PARKS AND RECREATION COMMITTEE Wednesday, December 4, 2013 — 6:30 p.m. Pursuant to due call and notice thereof, the Parks & Recreation Committee of the City of Centerville held a scheduled meeting on Wednesday, December 4, 2013 at City Hall location. Present: Vice - Chairperson Jon Grahek Committee Member Kevin Amundsen Committee Member Brian Peterson Committee Member Nick Twohy 1 Committee Member Kevin Waeghe PP Committee Member Chris Bettinger @ Committee Member Suzanne Seeley Also Present: Council Member, Steve King Centerville citizen, Mr. Rob Bacon Centerville citizen, Mr. Dan Bacon Absent: Chairperson Patrick Branch Public Works Director, Paul Palzer Linda Neudecker, Recording Secretary I. CALL TO ORDER Vice - Chairperson Jon Grahek called the December 4, 2013 Meeting of the Parks & Recreation Committee to order at 6:34 p.m. Roll Call II. SET AGENDA Motion was made by Committee Member Bettinger seconded by Committee Member Waeghe to set the agenda adding under "V. Committee Business 7 Email Updates from Chairperson Pat Branch ", as presented. All in favor. Motion carried Committee Members Bettinger and Seeley both abstained. III. APPEARANCES — Mr. Rob Bacon presented a proposed Eagle Scout Project to the Committee. The project would thin out the trees in Centerville's Eagle Park. Please see attached copy of Mr. Rob Bacon's written proposal. The Park and Rec Committee suggested that Mr. Bacon take the following ideas into consideration when he finalizes his Eagle Scout proposal: • How to appropriately handle the Buckthorn removal • What to do with the trees after they are culled • Who would be the best contact person at the City for him to work with • What concerns the Homeowner's Association may have with tree thinning in the Park City of Centerville Parks & Recreation Committee December 4, 2013 Mr. Rob Bacon was asked to attend the next Parks and Recreation Committee meeting in January, 2014 to continue the conversation. IV. CONSIDERATION OF MINUTES November 2013: Committee Member Suzanne Seeley noted that the dates on page 3 of 5 Section V. 4. Should be January and February 2014, not 2013. Also noted by Committee Member Suzanne Seeley in section V. 8.c. the date and location of the Park Facility Permit is present, but not the Event. Motion was made by Committee Member Peterson, seconded by Committee Member Amundsen to approve the minutes of the November 6. 2013 meeting with the corrections presented. All in favor. Committee Members Seeley and Bettinger abstained. Motion carried. V. COMMITTEE BUSINESS 1. Mr. Rob Bacon's Eagle Scout Project presented tonight was discussed by the Committee. Committee members felt that it may be a more ambitious project for the timeline (one year) Mr. Rob Bacon mentioned. The committee would like to give Mr. Rob Bacon the opportunity to do more research regarding the proposed project, but may recommend to him that he consider limiting the tree thinning in Eagle Park to removing the Buckthorn. 2. Movie in the Park: Committee Member Brian Peterson gave an update. The following location, time and movie were confirmed: • Centerville Elementary School • 7:00 p.m. • A Muppet Christmas Carol Committee Members Peterson, Waeghe and Vice - Chairperson Grahek are planning to be present for this event. Committee Members Amundsen, Seeley and Bettinger are not able to attend. Committee Members Twohy and Branch may or may not be able to attend. 3. Basketball Court(s) — LaMotte Park: Committee Member Brian Peterson gave an update reporting that the Lino Lake's park that had a similar basketball hoop setup as is being proposed for LaMotte Park looked sturdy, well -built and would likely work well at the hockey rink in LaMotte Park. The costs associated with the two proposed basketball hoops are approximately $3,000 for both. This item was tabled by the Committee until 2014 when funds are available. 4. Letter to Mark Haiden (Update — Completed) No further discussion was had. Page 2 of 4 City of Centerville Parks & Recreation Committee December 4, 2013 5. January Ice Skating Event & Quantities - Committee Member Bettinger is willing to be the coordinator for purchasing the following supplies: a. Popcorn — none needed at this time b. Oil — 2 gallons of vegetable oil (2 x 1 gal. containers) C. Bags — none needed at this time d. Hot Chocolate — in bulk format (not individual packets) at least 2 large containers e. Cups — a large quantity of paper (not Styrofoam) 8 oz. cups Committee Members Peterson, Waeghe, Amundsen, Seeley, Twohy, Bettinger and Vice - Chairperson Grahek are planning to be present for this event. Committee Chair Branch was not in attendance to commit. 6. 2013 Budget Excess /Reserve Amount/Improvement Projects update was presented by Vice -Chair Grahek. The Committee discussed that the MNCor cost for the proposed benches was under - estimated by approximately $100/bench. The six foot length and "cast in concrete" installation method were preferred by the committee members present. The final decision was postponed until the January 2014 meeting. No motion was made. The Committee also discussed the 2013 budget included in the meeting's packet. Motion was made by Committee Vice -Chair Grahek_ seconded by Committee Member Peterson to recommend to the City Council to place into reserve for "2014 Parks Improvements" any and all remaining funds in the Parks and Recreation Committee's 2013 budget. All in favor. Motion carried. VI. UPDATES 1. Council Updates — Council Member Steve King reported that he attended the East Metro Ground Water meeting. 2. Purchase of Benches — (Paul Palzer was not in attendance.) VII. ACTION ITEMS REVIEW Items that have been completed will be removed; some are still open and additional items discussed at this meeting will be added. A revised Action Item List, as of the December 4, 2013 meeting will be included with the minutes to be approved. Page 3 of 4 City of Centerville Parks & Recreation Committee December 4, 2013 Items that have been completed as of December 4, 2013 will be removed: • These include item number: 13 -034 All remaining current open/in process & tabled items — change date from 12 -4 -13 to 01/08/14 * for item number: 13 -022, * and — change date from April 2014 to March 2014 for item number: 12 -067d. VIII. ADJOURNMENT Motion was made by Committee Member Peterson seconded by Committee Member Waeghe to adiourn the meeting. Meeting was adiourned at 8:20 p.m. All in favor. Motion carried. Submitted by: Suzanne Seeley, substituting for Linda Neudecker, Secretary who was not present due to illness. Page 4 of 4 ACTION ITEMS PARKS RECREATION Assigned Completed/ # Item Person Status Date Closed Trailside Park Benches - Bald Eagle Ski 12 -006 Club P. Branch 1/8/2014 Open Kiosk - Cornerstone Park - Create Inserts for 12 -013a Kiosk K. Amundsen 1/8/2014 On -Going Kiosk @ Cornerstone Park - Remove All Outdated Materials & Replace Seasonal 12 -013b Programs /Events Staff 1/8/2014 On -Going Little League - Status of Scoreboard Moving & dragging of fields (Update Given @ April 12 -067d Meeting) Committee March, 2014 Open Investigate Possibility of Hockey Rink as B. Peterson & 13 -022 Basketball Court in Summer Paul P. 1/8/2014 Open 13 -027 Plan to Upgrade Trailside Park P & R April, 2014 Open 13 -028 Plan to Address Signage for Indian Mound S. Seeley March, 2014 Open 13 -029 Plan for Parks Irrigation P & R 1/8/2014 Open Educational Materials from RCWD - Phosphorus in Lakes (Spring, 2014) — Utility 13 -032 Billing S. Seeley March, 2014 Open 13 -033 jBudget Balance P & R 1/8/2014 1 Tabled Following December 4, 2013 Meeting Page 1 PARK IMPROVEMENT PROJECTS — 5 YEAR PLAN AMOUNT/ TARGET FUNDS ESTIMATED YEAR PROJECT RESERVED? COST COMMENTS Yes, Res. #13 $3,041.26/ Estimated cost exceeds amount reserved in 2013; however, 2014 Park Benches 025 $3,541.26 funds will be secured through 2014 funds for installation. a. 2 @ Trailside Park Rec'vd. additional $200 b. 1 @ Eagle Park Tennis Court sponsorship /donation since c. 1 @ LaMotte Park Volleyball Court Res. #13 -025 Passed d. 1 @ LaMotte Park Playground Irrigation No Hidden Spring Irrigation No Acorn Creek Park Irrigation No Corner Stone Park Irrigation No McBride Park Basketball Court No LaMotte Park Hockey Rink Drinking Fountain No LaMotte Park Drinking Fountain No Acorn Creek Park Drinking Fountain No jMcBride Park Electrical Improvements No LaMotte Park Shelter 2013 Volleyball Court - LaMotte Park 1yes Completed 9/2013 November 6, 2013 Parks & Rec Parks REVENUE ACTUAL BUDGET R 101 - 45201 -34780 Recreation Fees - - R 101 - 45201- 347818K Run 4,631.00 2,300.00 R 101 - 45202 -36200 Miscellaneous Revenues - - R 101 - 45202 -36230 Contributions and Donations 500.00 - TOTAL RECEIPTS 5,131.00 2,300.00 Parks /Rec. Committee EXPENSES E 101 - 45200 -100 Wages and Salaries (GENERAL) 246.00 E 101 - 45200 -122 FICA 18.82 E 101 - 45200 -438 Meeting Per Diem 1,460.00 2,800.00 1,340.00 Parks /Rec Programs EXPENSES DIFFERENCE *Warming House Attendants E 101 - 45201 -100 Wages and Salaries (GENERAL) 3,748.51 3,000.00 - 748.51 E 101 - 45201 -122 FICA 286.76 200.00 -86.76 E 101 - 45201 -151 Workers Comp Insurance Prem 215.58 200.00 -15.58 E 101 - 45201 -370 Park Programs /Movies in Park 1,658.71 3,100.00 1,441.29 E 101 - 45201 -371 Music in the Park 2,368.99 2,200.00 - 168.99 E 101 - 45201 -373 8K Run /Walk 1,889.74 2,300.00 410.26 E 101 - 45201 -374 Park and Rec Reserve - - - EXPENSES 10,168.29 11,000.00 831.71 TOTAL EXPENSES 11,628.29 13,800.00 2,171.71 8K Proceeds + $500 Lions Donation - 8K Run /Walk Expenditures = $3,241.26 Res. #13 -025 Reserved $3,041.26 - A Sponsorship was received in the amount of $200 following the passage of Res. #13 -025 * *PLEASE NOTE THAT IT WOULD BE SUGGESTED TO WAIT UNTIL THE ABOVE DOLLAR AMOUNTS ARE VERIFIED CITY OF CENTERVILLE Res. #13 -0,Z5" A RESOLUTION COMMITTING FUND BALANCES FOR SPECIFIC PURPOSES WHEREAS, the City Council of the City of Centerville, Minnesota does hereby find as follows: WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 defines committed fund balance as amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the Council, WHEREAS, Council action is required before year end to formalize the commitment of fund balance to specified purposes, WHEREAS, those committed amounts cannot be used for any other purpose unless the City removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: l) That proceeds from the 2013 5 & 8K Walk Run in the amount of $2,541.26 and a cash donation of $500 from the Centerville Lions be committed for the 2014 purchase of (5) park benches. Adopted by the Council this /,3 of November, 2013. [s z� Tom Wilharber, Mayor Teresa Bender, City Clerk Teresa Bender From: Pat Branch Sent: Thursday, December 12, 2013 1:33 PM To: Kurt B. Glaser; Dallas Larson Cc: heidijonwilldevin @msn.com Grahek; Tom Wilharber Subject: Re: LaMotte Park Settlement Kurt, Believe or not the committee has discussed this possibility. In Aug or Sep one of the Committee members made this same proposal. We will put this on the P &R Agenda for January. I won't attempt to predict the committee's reaction, but will personally support the idea of allowing an annual flag football tournament for the purpose of repaying the city. Have you talked to the Mayor? He may have the strongest opposition. He is the guy who hears the complaints from the neighbors. What are the rules as you have laid them out to the event organizers? The obvious rule is to play on a dry field. Maybe we could work with them to lay their playing field out so that they are not playing over the heavily damaged areas from last year. The biggest stumbling block that I foresee is the need for insurance. As you point out in your note, the two event organizers are very young and not part of a larger organization. It is very unlikely that they have insurance. Is it possible that the City (P &R) could co- sponsor the event and have the event fall under the City's insurance umbrella? From a legal perspective, if the city allows this flag football tournament for the purpose of paying for park repairs, is the city not already "sponsoring" the event? In my lay mind, that implies that the flag football falls under the city's liability insurance the same way that the 8K, parade, or fire works comes under that insurance umbrella. Is that correct? Pat On Dec 11, 2013, at 11:43 PM, Kurt Glaser wrote: Pat, Today the City entered a settlement agreement with the two young men who organized the flag football game which damaged the park. By the end of 2014 they own the City $6500. Frankly, this is going to be a very tough task for them. One man will begin as a student at St. Cloud State and the other is 16 years old (his family is backing this debt). They asked if they could use the park again for a tournament to help pay their debt. We discussed the rules they must follow. They asked to speak to the P &R, and I gave them your name, phone and email address. They may call to make a proposal to you. They seem like well intentioned. They liked using the park and their'patrons' really like using LaMotte Park. They would be happy to organize the event that sounds like it could be a large annual event. I Please let me know if you have any other questions. Kurt KURT B. GLASER ATTORNEY AT LAW SMITH & GLASER, LLC 700 LUMBER EXCHANGE BUILDING 10 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 612-333-6513 612- 333 -3821 FAX KURTGLASERCo)GLASERLAW. NET This email has been scanned by the Symantec Email Security.cloud service. For more information please visit .http://www.symanteccloud.com 2 til e rviffe 1.980 Nam SMW, Cesta"&, MN55038 {Qfiied 185"T 651 -429 -3232 or (Fax 651 -429 -8629 December 17, 2013 Mr. Win Thao 3908 — 80 Avenue N.E. Blaine, MN 55014 Dear Mr. Thao: I have enclosed a fully executed copy of the settlement agreement that was approved by City Council on December 11, 2013 for your records. I have also enclosed a copy of the City's Code, Chapter 92: Parks & Recreation along with Ordinance #66, Second Series amending Chapter 92. If you desire to utilize the facilities within our community, please review the Code, Amendment and complete a Special Event Application Form that can be found on our Web Site. If you have any questions or concerns please do not hesitate to contact myself, Parks & Recreation Committee Chairperson Pat Branch or our City Administrator, Dallas Larson. Sincerely, Teresa Bender, CMC City Clerk Enc. SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ( "Agreement ") is entered into between City of Centerville ("City"), a Municipality, and Teng Moua, a citizen. WHEREAS, Teng Moua and Win Thoa held a flag football tournament at LaMotte Park in the City of Centerville; and WHEREAS, during said tournament, the City's football field was damaged; and WHEREAS, in lieu of litigation Teng Moua, Simba Moua, and Win Thoa desires to settle all claims asserted by the City; NOW, THEREFORE, Teng Moua, Simba Moua, Win Thoa, and the City, in consideration of the mutual promises and covenants contained herein, agree as follows: 1. Concurrently with full execution of this Agreement, Teng Moua, Simba Moua and Win Thao will deliver $6,500 to City of Centerville, 1880 Main Street, Centerville, Minnesota 55038 no later than 12/31/2014. 2. The City will permanently forbear from filing a claim in District Court against Teng Moua. Simba Moua, and Thao. 3. Any failure of Defendant fully and completely to comply with the terms and conditions of paragra h three of this Settlement Agreement shall constitute a default under this Agreement. In the event of default, the City may, without notice, declare the remainder of the debt at once due and payable immediately. Failure to exercise this option shall not constitute a waiver of the City's right to exercise the option at any other time. 4. Nothing in this Agreement, including the payment of any sum by Teng Moua, constitutes an admission by Teng Moua of any legal wrong prohibited by local, state and federal law, contract or tort, rule or regulation. 5. This Settlement Agreement supersedes all prior letter agreements, termination agreements, and proposals made by the City to Teng Moua in connection with this agreement. 6. Nothing contained in this Settlement Agreement shall be construed to affect the rights and obligations of the parties under any agreement signed by them prior to the dates of execution of this agreement. 7. This Settlement Agreement is contractual and not a mere recital. This Agreement embodies the entire agreement and understanding between the parties hereto with respect to this subject matter hereof, and may be changed, waived discharged, or terminated only by an instrument in writing signed by the party against which ent6rcement of such a change, waiver, discharge, or termination is sought. 8. This Agreement and the exhibits hereto shall be construed in accordance with and governed by the laws of the State of Minnesota. DATED: B y : DATED: B y : DATED: I 13 By: DATED: By: CITY OF CENTERVILLE Tom Wilharber, Mayor ATTE�. Teresa Bender, City Clerk CHAPTER 92: PARKS AND RECREATION Section General Provisions 92.01 Definitions 92.02 Removing, defacing or destroying property 92.03 Erection of structures 92.04 Littering 92.05 Alcoholic beverages; intoxication 92.06 Vehicle traffic 92.07 Hours 92.08 Overnight parking or occupancy 92.09 Open fires prohibited 92.10 Washing of vehicles 92.11 Discharge and possession of firearms 92.12 Posting signs and placards 92.13 Riding of horses and other animals 92.14 Unattended animals 92.15 Language, conduct and attire 92.16 Climbing of trees and on buildings 92.17 Fireworks 92.18 Swimming 92.19 Fishing 92.20 Boat launching 92.21 Shoreline protection Administration and Enforcement 92.30 Variances 92.31 City personnel Peltier Lake 92.45 Purpose, intent and application 92.46 Definitions 92.47 Surface zoning by restricting speeds and areas of activity 92.48 Enforcement 92.49 Exceptions 92.50 Notification 1051 Page GENERAL PROVISIONS § 92.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIREARM. Any rifle, shotgun, pistol, B -B gun, pellet gun, slingshot, air rifle and bow and arrow. PUBLIC PARKS AND GROUNDS. Any real property owned or leased by the city. VEHICLE. Any vehicle or conveyance, whether motor - powered, animal -drawn or self - propelled. Ord. #41, adopted 101121983 § 92.02 REMOVING, DEFACING OR DESTROYING PROPERTY. No person shall remove, deface, destroy, diminish or impair the value of public property located on or within any public park or public grounds. Ord. fl41, adopted 1011211983 § 92.03 ERECTION OF STRUCTURES. No person shall erect any tent or structure, whether permanent or temporary, or run any public service utility, upon or across any public park or public grounds. Ord #41, adopted 1011211983 § 92.04 LITTERING. (A)No person shall litter or cast or allow to remain any rubbish or trash of any kind or nature in or about any public park or public grounds. (B) No person shall bring glass containers into any designated park land in the city. Ord. #41, adopted 1011211983, Ord. amended 0811411985 § 92.05 ALCOHOLIC BEVERAGES; INTOXICATION. 1061 Page No person shall possess, display, consume or use intoxicating liquor or 3.2 percent malt liquor in any public park or public grounds. Ord. #41, adopted 1011211983 § 92.06 VEHICLE TRAFFIC. Vehicles shall be driven or parked only in designated areas on any public park or public grounds and shall be driven therein at a maximum speed of five mph. Ord. #41, adopted 1011211983 § 92.07 HOURS. No persons, except authorized city personnel, shall enter or be on the grounds of any public park or public grounds between the hours of 10:00 p.m. and 7:00 a.m., or during those hours specifically posted by the city. Ord. #41, adopted 1011211983, Ord. 2d #25, amended 1211012008 § 92.08 OVERNIGHT PARKING OR OCCUPANCY. Overnight parking or occupancy within any public park or public grounds is prohibited. Ord #41, adopted 1011211983 § 92.09 OPEN FIRES PROHIBITED. No person shall build a fire in any place in any public park or public grounds, at any time, except in fireplaces or receptacles provided therein by the city. Ord #41, adopted 1011211983 § 92.10 WASHING OF VEHICLES. No person shall wash any vehicle in any public park or on public grounds. Ord. #41, adopted 1011211983 107 1 Page § 92.11 DISCHARGE AND POSSESSION OF FIREARMS. No person, except law officers in the discharge of their duties, shall discharge any firearm in any public park or on any public grounds at any time. No person shall possess a dangerous weapon or firearm in any public park or on any public grounds unless licensed by a State or the Federal government authorizing possession of a firearm in a public place. Ord #41, adopted 1011211983, Ord 2d #25, amended 1211012008 § 92.12 POSTING SIGNS AND PLACARDS. No person shall post any sign, placard, advertisement or inscription on any public park or public grounds. Ord. # 41, adopted 1011211983 § 92.13 RIDING OF HORSES AND OTHER ANIMALS. No person shall ride a horse or any other animal on any public park or public grounds except on designated trails or paths. Ord #41, adopted 1011211983 § 92.14 UNATTENDED ANIMALS. No person shall allow any animal of any sort to go unattended or without physical restraint in any public park or public grounds. Ord #41, adopted 1011211983 § 92.15 LANGUAGE, CONDUCT AND ATTIRE. No person shall use abusive, boisterous or obscene language or engage in any abusive, boisterous or obscene behavior in any public grounds. No person shall place or carry any abusive or obscene placard or sign in any public park or public grounds. No person shall appear in any public park or public grounds unless clad in attire which meets contemporary community standards of decency. Ord. # 41, adopted 1011211983 108 1 Page § 92.16 CLIMBING OF TREES AND ON BUILDINGS. No person shall climb any trees or climb on any building or structure in any public park or public grounds. Ord #41, adopted 1011211983 § 92.17 FIREWORKS. No person shall possess or discharge any fireworks in any public park or public grounds. Ord #41, adopted 10112/1983 § 92.18 SWIMMING. No person shall enter or exit Centerville Lake through any public park or public grounds for the purpose of swimming except where sign posted that swimming is allowed. Ord 2d #25, amended 12, 1 1012008 § 92.19 FISHING. No person shall fish from any public park or public grounds except where sign posted that fishing is allowed. Ord 2d #25, amended 1211012008 § 92.20 BOAT LAUNCHING. No boat or watercraft may be launched from any public park or public grounds except where sign posted as specifically allowed. Ord 2d #25, amended 1211012008 § 92.21 SHORELINE PROTECTION The shoreline where any public park or public grounds meets Centerville Lake is a protected area. The shoreline must be protected from vehicular and foot traffic in order to establish and maintain vegetation. Shoreline vegetation will stabilize and protect the shoreline from erosion. This protected area extends fifteen feet from the high -water mark of the Lake. 1091Page No person may be present within a protected shoreline area which is so posted. It is a trespass for anyone to be present within a protected shoreline area when the area is posted against entry. Ord. 2d #2S, amended 1211012008 ADMINISTRATION AND ENFORCEMENT § 92.30 VARIANCES. Variances to the strict application of this chapter may be granted only by the City Council. Ord. #41, adopted 1011211983 § 92.31 CITY PERSONNEL. This chapter shall not be construed to prohibit the normal care, operations or functions of the city (including the authorized events of City Celebration) or its authorized agents in any public park or public grounds. Ord. # 41, adopted 1011211983, Ord. amended 1212211993 PELTIER LAKE § 92.45 PURPOSE, INTENT AND APPLICATION. As authorized by M.S. §§ 86B.201.86B205 and 459.20, and Minn. Rules 6110.3000- 6110.3800 as now in effect and as hereafter amended, this section is enacted for the purpose and with the intent to control and regulate the use of the water of Lake Peltier in Anoka County, Minnesota, the body of water being located within the boundaries of the City of Centerville and City of Lino Lakes, to promote its fullest use and enjoyment by the public in general, to ensure safety for persons and property in connection with the use of the waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of the waters, and to promote the general health, safety and welfare of the citizens of Centerville. Ord #68, adopted 0312712002 § 92.46 DEF NITIONS. Terms used in this section related to boating are defined in M.S. § 86B.005, as amended. 110 1 Page Ord. # 68, adopted 0312712002 § 92.47 SURFACE ZONING BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY. A No -Wake Zone over all that part of Peltier Lake lying northerly and northwesterly of the following described line: Commencing at the southwest corner of the Southeast Quarter of Section 10, Township 31, Range 22, Anoka County, Minnesota, thence north 89 degrees 54 minutes 46 seconds east along the south line of the Southeast Quarter 2106.64 feet to a witness corner on the south line of Government Lot 1, Section 10, Township 31, Range 22; thence north 00 degrees 05 minutes 30 seconds west 150.00 feet; thence north 89 degrees 54 minutes 30 seconds east 100.00 feet, more or less, to a point on the westerly shoreline of Peltier Lake, the point being the point of beginning of the line to be described; thence continuing north 89 degrees 54 minutes 30 seconds east to the easterly shoreline of Peltier Lake, and the line there terminating. Ord. #68, adopted 0312712002 § 92.48 ENFORCEMENT. The primary responsibility for 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. Ord #68, adopted 0312712002 § 92.49 EXCEPTIONS. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions. Ord. # 68, adopted 0312712002 § 92.50 NOTIFICATION. It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of this subchapter, as well as the placement of necessary buoys and signs. Ord #68, adopted 0312712002 11l I Page CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #66 SECOND SERIES AN ORDINANCE AMENDING CITY CODE CHAPTER 92 RELATING TO PERMITS FOR USE OF PARKS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Sect 1. The City Code Chapter 92, Section 92.30 through 92.42 is hereby amended to read as follows: 92.30. - PERMIT REQUIRED. A permit shall be obtained from the city administrator before participating in any park activity involving any group over thirty persons, for a commercial purpose, or for any activity proposing to use a park during hours when the park is normally closed. 92.31. - APPLICATION. A person seeking issuance of a permit hereunder shall file an application with the City Administrator. The applicant must be at least eighteen years old. The application shall state: (1) The name and address of the applicant; (2) The name and address of the person sponsoring the activity, if different from the applicant; (3) The day and hours for which the permit is desired; (4) An estimate of the anticipated attendance; (5) Any other information that the city shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. The application shall be accompanied by the appropriate fee, if any, as contained in a fee schedule adopted by ordinance of the council, as well as any deposit determined by the city to be appropriate to cover the cost of clean -up, extra trash receptacles, portable toilets and anticipated repairs for damages that could be caused by the event. 92.32. - STANDARDS FOR ISSUANCE. The administrator shall issue a permit hereunder when the administrator finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; (2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; (3) That the proposed activity or use is lawful or is not reasonably anticipated to incite violence, crime or disorderly conduct; (4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city except where those costs are paid in advance or a deposit to cover those costs has been provided to the city; (5) That the facilities desired have not been reserved for other use. 9233. - APPROVAL OR DENIAL; APPEAL, Within 10 days after receipt of an application, the administrator shall issue the permit or apprise an applicant in writing of the reasons for denying the permit. Any aggrieved person shall have the right to appeal to the council. Such appeal shall be in writing and shall be filed with administrator within ten days after receipt of the administrator's decision. The city administrator shall place the appeal on the agenda for the next regular council meeting, at which time the applicant may appear in support of their appeal. The council may affirm, deny or alter the terms of the permit. The decision of the council shall be final. 92.34. - LIABILITY OF PERMITTEE. The permittee shall be liable for any loss, damage or injury sustained by any person or whatever by reason of the negligence of the permittee or their agents, and shall hold the City harmless for acts or omissions related to the permitted activity. 9235. — REVOCATION OR MODIFICATION. 1) The administrator, his designee, or any police officer shall have the authority to modify or revoke a permit upon a suspected violation of law or upon good cause shown which may include but is not limited to weather, park conditions, improper use of park facilities, or use other than defined in the permit. 2) The City or its agents shall not be liable for damages related to denial of a permit application, or the revocation or modification of a permit. (92.35 -92.39 Reserved for future use) 92.40. — VARIANCES Variances to the strict application of this chapter may be granted only by the City Council. 92.41 - CITY PERSONNEL. This chapter shall not be construed to prohibit the normal care, operations or functi public grounds. ons of the City (including the authorized events of City) or its authorized agents in �„ public park or 92.42 PERMIT FEES & DEPOSITS. 1) Fees or deposits may be waived for organizations showing proof of non -profit status or use by a tax - supported activity. 2) Fees will not be refunded due to inclement weather. Fees may be refunded if cancelled within six-weeks of a tournament activity or two - business days of other events. 3) Fees and deposits for the permits issued in this section shall be that as provided in the current city fee schedule. Section 2. The 2013 Fee Schedule shall be amended to establish permit fees and deposits as designated in 92.42 in the amount of $25 plus a deposit for any anticipated extra costs to be incurred by the city, and the amount of this fee may be changed at the will of the City Council. Sect ion 3: Effective Date: This ordinance shall be effective immediately upon its passage and publication of the attached summary according to law. SECTION 4. Summary for Publication. The attached "Exhibit A" entitled Summary of Ordinance _, Second Series, is hereby adopted and is hereby ordered to be published in the official paper. PASSED AND DULY ADOPTED this /10� day of dl "- - Il 2013 by the City Council of the City of Centerville. Tom Wilharber, Mayor Teresa Bender, City Clerk Summary of Ordinance 66, Second Series Notice is hereby given, that on August 14, 2013, 2013, Ord. #66, Second Series, entitled "AN ORDINANCE AMENDING CITY CODE CHAPTER 92, RELATING TO PERMITS FOR USE OF PARKS Was adopted by the City Council of Ca *zville, Minnesota. Notice is farther given that due to the lengthy nature of the ordinance, the City Council has ducted that this title Y for publication pursuant to Minn. Stet 412.191, Subd. 4. Notice Is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main SL, Centerville, MN, or will be mailed to anyone requesting it by telephone (6S 1) 429 -3232. Notice Is furtber given that the general purpose of the ordinance is to amend the code as to provide for Puts for groups exceeding 30 persons to use city parks. Section 1. This section contains the text of the code amendment. Section 2. This section establishes initial fees for permits to use the parks. Section 3. This section provides that the eflxctive date shall be upon publication of this summary. Notice is further given that the Council has by a 415 vote approved this public notice on the 14th day of August, 2013. Teresa Bender, City Clerk Published in the Quad Press on August 27, 2013.