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1b Allowing Wine in City Parks ib MEMORANDUM CITY OF CHANHASSEN TO: Todd Gerhardt, City Manager 1 ~. c~ 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Todd Hoffman, Park & Recreation Director DATE: March 21, 2005 Administration Phone 952.227.1100 Fax 952.227.1110 SUBJ: Approve Ordinance Amendment to Allow the Consumption of Wine and Allowing Glass Containers in City Parks Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 On February 22, 2005, the Park and Recreation Commission made the following recommendations concerning an ordinance amendment to allow the consumption of wine and allowing glass containers in City Parks: Park & Recreation Phone 952.227.1120 Fax 952.227.1110 "Kelly moved, Murphy seconded that the Park and Recreation Commission recommend amending Section 14-61 to permit the consumption of wine in addition to malt beverages in the city parks. All voted in favor, except Scharfenberg who opposed, and the motion carried with a vote of 4 to I." Finance Phone 952.227.1140 Fax 952.227.1110 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 "Kelly moved, Spizale seconded that the Park and Recreation Commission recommend the City Council amend Section 14-68 to prohibit glass bottle containers or receptacles within the ballfields, athletic fields, playgrounds, spectator areas, skate parks and public beaches. All voted in favor, except Murphy and Stolar who opposed, and the motion carried with a vote of 3 to 2." Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 On February 28, the City Council discussed this issue during a work session. In response to input received that evening, staff worked with the City Attorney to draft an ordinance amending Chapter 14 of the City Code concerning Parks. Specifically to permit the consumption of wine (malt beverages are already permitted) and to restrict glass containers from city-owned beaches or city- owned skateboard facilities. Senior Center Phone 952.227.1125 Fax 952.227.1110 A news article covering this proposal appeared on the front page of the March 3rd edition of the Chanhassen Villager. To my knowledge, city staff has received no comments, either positive or negative, as a result of this coverage. Web Site www.ci.chanhassen.mn.us RECOMMENDA TION It is recommended that the City Council approve the attached Ordinance Amending Chapter 14 of the Chanhassen City Code Regarding City Parks (Requires simple majority vote). The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A great place to live, work, and play, Mr. Todd Gerhardt March 21, 2005 Page 2 A TT ACHMENTS 1. Proposed Ordinance Amendment 2. Staff report dated February 11, 2005 3. City Council Work Session Minutes dated February 28, 2005 4. Park and Recreation Commission Minutes dated February 22, 2205 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE CHANHASSEN CITY CODE REGARDING CITY PARKS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Chapter 14, Article IV, Section 14-61 of the Chanhassen City Code is amended to read as follows: Except for malt beverages and willÇ, no person shall consume or have in his possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially consumed. SECTION 2. Chapter 14, Article IV, Section 14-68 of the Chanhassen City Code is amended to read as follows: No person shall have in his or her possession a glass bottle, glass container, or glass receptacle within a facility. SECTION 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of of the City of Chanhassen, Minnesota. , 2005, by the City Council ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on , 2005). 117136vOl RNK:03/08/05 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952,227.1110 Park & Recreation Phone 952,227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952,227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center Phone 952.227.1125 Fax 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Park and Recreation Commission FROM: Todd Hoffman, Park and Recreation Director DATE: February 11, 2005 SUBJ: Recommendation to City Council Concerning an Amendment to City Code Sec. 14-61 to Permit the Consumption of Wine in City Parks As a part of their strategic planning for 2005, the City Council identified a desire to review the current ordinance governing the consumption of alcoholic beverages in city parks. Council members have heard from residents that it would be nice to be able to drink wine while visiting a park or attending a special event held at a city park. The current section of the city code governing alcoholic beverages reads: (a) The definitions in Minnesota Statutes section 340A.I01 apply to this section. (b) Except for malt beverages, no person shall consume or have in his or her possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially removed. Park rules currently prohibit the possession of glass bottles, glass containers, or glass receptacles within a city park. Beverages, including malt beverages (beer) are permitted in non-glass containers. A survey of area communities concerning alcohol in parks turned up the following: · Chaska: No alcohol permitted in parks · Eden Prairie: Alcohol prohibited at school/park sites and youth athletic parks - no restrictions in other locations · Minnetonka: Beer and wine permitted in picnic areas only by special permit · Plymouth: No alcohol permitted in parks · Shorewood: No alcohol permitted in parks The City of Chanhassen · A growing community with clean lakes, quality schools. a charming downtown, thriving businesses, winding trails, and beautitul parks A great place to live, work, and play Park & Recreation Commission February 11, 2005 Page 2 The communities that do not permit alcohol cited a desire to maintain a family friendly atmosphere, limit access to minors, and avoid problems associated with excessive consumption. Eden Prairie takes a different approach, allowing all types of alcohol at specific locations while banning alcohol at others. RECOMMENDA TION It is recommended that the Park and Recreation Commission recommend the City Council amend section 14-61 of the code to permit the consumption of wine in addition to malt beverages in city parks and amend section 14-68 to prohibit glass containers from public beach areas only. PARK AND RECREATION COMMISSION UPDATE (2-22-05) The Park and Recreation Commission reviewed this item on February 22, 2005. After a twenty minute discussion (verbatim minutes are not yet available), the Commission elected to separate the issues of permitting the consumption of wine in city parks and allowing glass containers in city parks. A motion to permit the consumption of wine in city parks passed on a 4 to 1 vote. A motion to permit glass containers within city parks, except on beaches, ball fields, spectator areas, playgrounds and the skate park passed on a 3 to 2 vote. RECOMMENDA TION TO CITY COUNCIL It is recommended that the City Council amend Section 14·61 of the City Code to permit the consumption of wine in addition to malt beverages in city parks and amend Section 14-68 to permit glass containers except on beaches, ball fields, spectator areas, playgrounds, and the skate park. City Council Work Session - February 28,2005 southwest metro area will not be getting money any time soon. Senator Ortman arrived at 6:55 p.m. and reviewed quickly what's happening with the budget, stating the senate will hold on spending while revenues continue to increase. She concurred with Rep. Hoppe that the Metro Area Assessment will include mapping of Highway 5 west of Highway 41 but that no funding will be available for that project. The work session was recessed at 7 :00 p.m. It was reconvened at 9:45 p.m. DISCUSS ALLOWING WINE IN CITY PARKS. Todd Hoffman reviewed the city ordinance and provided information from comparable cities. The Park and Recreation Commission recommended to amend the ordinance to allow wine in city parks but to prohibit glass in beach, playground and ballfield areas. Councilman Lundquist questioned the ability to enforce prohibiting glass. Councilman Labatt also questioned enforcement of glass and suggested limiting wine to boxed wine and plastic glasses only. Councilman Peterson stated that cities that allow wine don't separate glass. He would not be in favor of boxed wine. Mayor Furlong questioned enforcement of locations, i.e. ballfields. He would favor limited restrictions such as the skate park and beaches. Mayor Furlong adjourned the City Council work session at 10:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim Park and Rec Commission - February 22, 2005 RECOMMENDA TION TO CITY COUNCIL CONCERNING AN AMENDMENT TO CITY CODE SECTION 14-61 TO PERMIT THE CONSUMPTION OF WINE IN CITY PARKS. Hoffman: Chair Stolar, members of the commission. The City Council as a part of their 2005 strategic plan identified the desire to review the current ordinance governing consumption of alcohol beverages in city parks. Specifically they heard from residents that it would be nice to be able to drink wine while visiting a park, or attending a special event held at a city park. I'm going to go over the current section of the code governing alcoholic beverages and it says, except for malt beverages, which would include beer and other malt beverages from hard lemonade type of beverages, no person shall consume or have in their possession within a city park any bottles or receptacles containing anything else. It's also worthy to note that currently park rules prohibit the possession of glass bottles or glass containers or glass receptacles within a park, including malt beverages are not permitted... If you're going to drink beer currently, you need to drink it in a can, not a bottle or a keg which are also permitted. We surveyed the area communities concerning alcohol in parks and turned up the following data. Chaska does not allow any alcohol in their parks. Eden Prairie, alcohol prohibited at school park sites and youth athletic fields. No other restrictions on any alcohol consumption at any other locations. And no restriction on glass containers in Eden Prairie. Minnetonka allows beer and wine in picnic areas only by special permit. With the exception of that it's not permitted. Plymouth, no alcohol is permitted. In Shorewood, no alcohol is permitted in their parks. In conversations with these communities, the ones that do not permit alcohol, they cited a desire to maintain a family friendly atmosphere. To limit access to minors and to avoid problems associated with excessive consumption of alcohol. Eden Prairie takes a different approach allowing all types of alcohol at specific locations, while banning alcoholic others and they've had that policy in place for I think close to 20 years and they expressed no over bearing problems that they have noted. Staff recommendation that the park commission recommend the City Council amend Section 14-61 of the City Code to permit the consumption of wine in addition to malt beverages in city parks and then Section 14·68 to prohibit glass containers from public beach areas only, and permit them in other locations in our park system. If you have questions, I'll be glad to answer those. Otherwise I'll wait for discussion from the commission. Spizale: Do we have a problem with alcohol at all to speak of? In our parks. Ruegemer: I wouldn't say anything really specific to problems. You know certainly there's Lake Ann Park there may be some underage consumption that's not specific to a certain policy. I personally, the one that schedules the facilities, a lot of people do ask, they have questions about our alcohol policy. What's allowed. What's not allowed. You know certainly beer has been allowed with the exception of some other malt beverages but certainly there are many groups that do request the use, or to consume wine of some kind of you know 50th birthday parties. Company functions, that sort of thing so there is requests out there. Spizale: I personally don't see a problem with having wine or having beer. And I haven't really heard of any, or read of any excessive problems with the alcohol. 29 Park and Rec Commission - February 22, 2005 Murphy: I guess the concern though might be the glass versus just the alcohol. ... you don't get wine other than those boxes, you really can't buy it other than glass so. Well I guess we haven't had that problem because we haven't had the issue with glass right in our parks yet. Hoffman: There's glass in our parks now. Stolar: It's an issue but it's not allowed. Kelly: Plus the wine can be in a brown paper bag. Ruegemer: It could be. Stolar: Well I share Ann's concern about the glass, but I don't want to approve glass and quite honestly it makes it more difficult. You're limited to certain grades of wine potentially, but you're also, you have a choice. I mean there are plastic decanters out there and you can decant the fine bottle of wine like you should and let it sit. I mean that to me is something that I just am more concerned about the glass. The wine policy I think is a great idea. Kelly: Is there any way to amend the recommendation to prohibit glass in public beach areas and on athletic fields? Hoffman: You can amend the recommendation however you feel. Kelly: Because I mean, I don't think there's a big issue about prohibiting glass at the fields. At the parks but I think I would like to make sure you don't have some guy playing softball, first base glove in one hand and a bottle of Bud in the other. I mean I'd like to prohibit, at least have it into the bylaws to say that. You know, there's no glass allowed on the fields, as well as the beaches. That'd be my only change. Scharfenberg: So you mean not on the field so they can drink in the parking lot afterwards? Kelly: Yeah. Yeah. They already probably bring bottles anyway I would guess. Stolar: We could follow Minnetonka and just say picnic areas. Sort of like in Excelsior they can have a glass bottle of wine but not anywhere else. I'm just, I am concerned too about the broken glass anywhere, you know the playground. Kids are going to be playing there. Outside of the beach area. There's so many places where we're concerned but if they're in the picnic area and we, you know. Kelly: Does Eden Prairie have an issue with people stepping on glass with. Hoffman: Not that they disclosed, no. I asked them specifically about the glass because quite frankly I think allowing, permitting glass in parks was one of those issues where I haven't really considered it. And you're tapping the subject but apparently not Eden Prairie. You certainly have many glass containers in parks today and we clean up a lot of glass on an annual basis and glass is difficult to clean up. It takes a lot of man power to clean up glass bottles and they drink 30 Park and Rec Commission - February 22, 2005 them at our skate park. They drink them in our parking lots. It's not a simple thing to clean up. It's not like picking up a piece of trash. It takes time. Kelly: Based on your recommendation though, it sounds like you are in favor of glass in the parks? Hoffman: To allow wine, it's very. Kelly: It goes hand in hand. Hoffman: Yeah. My interpretation. Kelly: Can I ask you another question? If the wine issue would never have come up, would you have, would you still be in favor of allowing glass in the parks? Regardless of wine. Would you have been in favor of allowing malt beverages and beer to be consumed in either cans or bottles? Hoffman: No, because it's so prevalent in canned containers that it really doesn't make sense to. It's not only what the wine comes in, but what people drink it out of is a glass glass. If you pass an ordinance that says you can drink boxed wine in plastic containers, plastic glasses, I think you're eliminating the spirit of what they're after. Stolar: Yeah, but we're giving them a chance to have a toast. All picnic baskets I've ever bought that had wine glasses in them, they were plastic. Hoffman: This is definitely one of those issues where this is a policy issue that the recommending board should make to the City Council. Don't let the staff or any, there's no right or wrong answer with alcoholic beverages in your park system. It's clearly a preference issue. We can't cite any studies that says it's good or bad. Kelly: Would the commission be okay with allowing glass containers in shelters? To accommodate people that, I think someone mentioned, kind of people that want to toast someone's 50th wedding anniversary or whatever, but still keep the current policy intact for other areas of the park. Murphy: But how would we enforce that unless they have to get a permit to have wine in the shelter. I mean there'd be no, that'd be difficult to enforce I think. To say to people you can only have it in the shelter. It's going to be kind of confusing. Ruegemer: Currently you know staff isn't issuing permits for, you know I'd say it's a new venture that we're looking at tonight but staff isn't issuing permits of any kind for a keg of beer or you know cans or that sort of thing. I guess staff would ask that it be a clear policy, more so than staff interpreting what the policy should be. Stolar: May I propose to the commission a couple things. One, can we split this into two motions? One being the wine motion, the other being the glass motion? 31 Park and Rec Commission - February 22, 2005 Murphy: I agree. Spizale: That's fine. Stolar: Can I have a motion to approve the wine, or amendment to Section 14-61 to permit the consumption of wine in addition to malt beverages in the city parks. Kelly: So moved. Stolar: Do I hear a second? Murphy: Second. Kelly moved, Murphy seconded that the Park and Recreation Commission recommend to amend Section 14-61 to permit the consumption of wine in addition to malt beverages in the city parks. All voted in favor, except Scharfenberg who opposed, and the motion carried with a vote of 4 to 1. Stolar: I'm sorry Steve, were you not okay with splitting the motion? Scharfenberg: Yep, I'm fine with that. Stolar: Okay. Second question. You have an amendment to the motion regarding Section 14.68 to prohibit glass. Kelly: Right. My amendment would be to allow glass containers within the picnic areas and shelters only in the parks. Stolar: Do I hear a second to the amendment? Spizale: I'll second that. Stolar: Okay. Discussion. You had brought up it would be hard to enforce. Murphy: Yeah, Ijust don't think that's going to, Ijust don't think there should be glass allowed in the parks because I think you're just opening it up to problems. Stolar: Anyone else? Scharfenberg: I would second that complaint, yeah. Stolar: Okay. Any comments? Hoffman: One comment from staff is it may be easier to clarify where you would not permit glass. Because the interpretation of picnic areas is going to get very broad. 32 Park and Rec Commission - February 22, 2005 Spizale: Maybe shelter. Hoffman: Well if you have specific areas where you're very concerned, ballfields, beaches. But somebody's going to say I'm going to have a picnic under that tree. I'm going to have a picnic in this park. I'm going to have a picnic in. Spizale: I guess when I think of glass breakage, I mean you could have a jar of pickles or any other container made out of glass that could break. Hoffman: Not right now you can't. It's prohibited from the park. In ordinance. By ordinance. But they're certainly currently there. There's no doubt about it. Kelly: Can I amend my motion then? Stolar: Yes. Kelly: I'd like to amend my motion to prohibit the use of glass containers on city ballfields, other athletic fields, public beaches, playgrounds and spectator benches. Hoffman: Spectator areas? Kelly: Spectator areas. Stolar: For that being all shelters, just to make sure. That being all shelters or any open field where they want to lay a picnic blanket down would be approved under that discussion. Kelly: Yep. Hoffman: As long as it's not on a beach. Or in a play area with a blanket. Stolar: Do I have a second to the amendment to the amendment? Kelly: Skate park, yeah. Stolar: Well I mean you're whole thing we need to have seconded. Spizale: I'll second it. Stolar: Any other discussion? So what's before us is a motion to amend Section 14-68 to prohibit glass, bottle container or receptacle within the ballfields, athletic fields, playgrounds, spectator areas and skate parks. Kelly: And public beaches. Stolar: And public beaches. Okay. 33 Park and Rec Commission - February 22, 2005 Kelly moved, Spizale seconded that the Park and Recreation Commission recommend the City Council amend Section 14-68 to prohibit glass, bottle container or receptacle within the ballfields, athletic fields, playgrounds, spectator areas, skate parks and public beaches. All voted in favor, except Murphy and Stolar who opposed, and the motion carried with a vote of 3 to 2. Kelly: .. . difficult or easier, I don't know. I was trying to find somewhere they can go drink their wine. Hoffman: If I can clarify the 3 to 2 vote for Nann... Stolar: Sure. In favor were Steve, Tom and Jack and opposed were Ann and Glenn. Hoffman: Thank you. APPROVE JOB DESCRIPTION; PARK AND RECREATION COMMISSIONERS. Hoffman: Chair Stolar, members of the commission. This item I think you've all gone through the commission member interview where the commissioner, or the potential commissioner interviewing did not have a full grasp of what the job entailed. It wasn't with this particular commission, so the city manager asked that we review these descriptions. This comes directly again out of the city code. That a park commission shall be established. It talks about your membership, your officers and your meetings, powers and duties and reports, and the City Manager asked that the commission review these to discern whether or not they're accurate and complete and to give staff recommendation on any changes or let the council know if it's fine. Stolar: Todd, does this become part of our by-laws then? Hoffman: Does this become part of your by-laws? Stolar: Yeah. Hoffman: Are by-laws mentioned in here? Stolar: They are mentioned in here. It says we should adopt our own by-laws and I'm wondering if this becomes part of the by-laws. That makes it very difficult. It's kind of circular. I mean where does this go I guess? Hoffman: This is currently written. They just want to make sure that this is what you want to see included in the city code. Stolar: Okay, so it's in the city code, okay. And then the by-laws then give us more of a direction of how we maintain our meetings and structure. The ones we passed last year. The ones 2 years ago. Last year. Okay. Hoffman: They slur together those years. 34