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2009-09-29COMMUNITY SERVICES COMMISSION AGENDA Thursday, September 29, 2009 7:00 pm Christian Park (6900 Bloomington Avenue) Commission Members Staff Liaisons Reed Bornholdt Greg Mangold Sarah Till Jim Topitzhofer (Staff Liaison) Fred Wroge (Council) Gerry Charnitz (VC) Gary Ness (Chair) Michele Thompson John Evans (Secretary) Rick Jabs (Planning Com) Mike Christian Rodney Schmidt Arlan Nelson Joe Springer 1. Call to Order 2. Public Comment ❑ Items not printed on the agenda 3. Approval of Minutes ❑ Regular Meeting: July 9, 2009 4. Action Items ❑ FOWL Board Appointment 5. Staff Reports ❑ Recreation Services (Topitzhofer) ❑ Open Meeting Law ❑ Progress Report for Lincoln Athletic Complex ❑ Ice Arena Energy Reduction Project 6. Discussion Items ❑ Veterans Park Taskforce (Topitzhofer) ❑ Park Ordinances (Topitzhofer) ❑ Adventure Gardens Mini -Golf Planning (Topitzhofer) 7. Committee Reports ❑ Transportation Commission (Ness/Charnitz) ❑ FOWL (Bornholdt) ❑ Honoring All Veterans Memorial, Inc (Schmidt/Topitzhofer) ❑ City Hall Advisory Taskforce (Jabs) ❑ Planning Commission (Springer) ❑ Arts Commission (Thompson) 8. Next Regular CSC Meeting Tuesday, October 20, 7:00 pm Community Center (7000 Nicollet Ave) 9. Adjourn DRAFT MINUTES UNTIL APPROVED BY THE CSC. July 9, 2009 d ® RICHFIELD COMMUNITY SERVICES COMMISSION REGULAR MEETING Thursday, July 9, 2009, Community Center (7000 Nicollet Ave) Planning Commission I Rick Jabs Council Liaison I Fred Wroge I Call to Order I Ness called the meeting to order at 7:02 pm. I Approval of Minutes I Thompson moved, seconded by Charnitz, to approve the minutes of the regular June meeting. Approved, ayes all. I Action Items I Heredia Park Redesign Ness introduced Klass, who presented the site plan, which reflected the neighborhood preferences from the June 16 meeting. He presented versions with one tennis court and two. The plan showed the backstop in the southeast comer of the park, and a plaza -type area tucked into the west side of the building. Christian asked if the plaza area has access to the public restrooms during normal business hours; Klass said that it does have access. Topitzhofer asked the group their feedback about one court versus two, saying that the neighborhood preferred two, but wouldn't object strongly to one if the space was used for green space. Topitzhofer read statistics regarding tennis courts in Richfield; there are 28 city -owned and 7 school -owned. The national standard was one court per 2,000 people, a local average was one court per 1,600. Richfield has one city -owned court per 1,230 people, and one court (city or school) per 984 people. He said that a court was recently added by the school and, if one court is removed at Heredia, it'd be the same number as two years ago. Klass said that the neighborhood may decide that one court is sufficient if they see that they'll gain green space and an additional loop of walking trail. Springer, Chamitz, and others agreed that the plan with one court looks very desirable because of the additional green space; Ness said he liked the extra length of trail. Klass said that one of the water features may be used as a splash pad, so it wouldn't likely be moved too close to the building. Christian asked if the group should make a recommendation; Ness said that it would be appropriate to have both plans at the neighborhood meeting and be sensitive to the neighborhood feedback. Thompson moved, seconded by Nelson, to recommend approval of the one -court site plan, pending strong objection of the neighborhood at the meeting on July 16. Approved, ayes all. Klass said that he'll bring both plans to the July 16 meeting. August Meeting Christian moved, seconded by Bomholdt, to cancel the August meeting. Approved, ayes all. I Staff Reports I Recreation Services Topitzhofer reviewed the Fourth of July Celebration; staff felt that it was managed well with no major incidents. I Discussion Items Upcoming Public Meetings Heredia Park Redesign Neighborhood Meeting: Thursday, July 16, 7:00 pm, City Hall Vets Park Mowing Request Neighborhood Meeting: Tuesday, July 21, 7:00 pm, Ice Arena I Committee Reports I FOWL: Bornholdt provided the report. Honoring All Veterans Memorial., Topitzhofer provided the report. Arts Commission: Thompson provided the report. I Adjournment I Bornholdt moved, seconded by Till, to adjourn. Meeting adjourned at 8:22 pm. Next Meeting I Tuesday, September 15, 2009, 7:00 pm Taff Park, 1800 E 6e Street MAO RICHFIELD COMMUNITY SERVICES COMMISSION laden ddup EXECUTIVE SUMMARY Meeting Date: September 29, 2009 Agenda Item FOWL Board Member Appointment Attachments Board Application Agenda Section Action Items Contact Jim Topitzhofer The Community Services Commission appoints members to the Friends of Wood Lake (FOWL) Board of Directors. Appointments are made throughout the year. Board members serve three-year terms and may serve multiple terms, upon reappointment. The applicant to consider for appointment is Angela Antony. Recommended Action Appoint Angela Antony to the Friends of Wood Lake (FOWL) Board of Directors. Friends of Wood Lake Nature Center Board of Directors 6710 Lake Shore Drive Richfield, MN 55423 Name I*fld &16fiy Telephone Number /0/:e- %$&. yZ&/ I am interested in serving on the Board of Directors for the Friends of Wood Lake Nature Center. I am interested in serving on the Board of Directors but cannot do so at this time. Please consider me at a later date. I am interested in serving on a Sub -Committee. My interests in Wood Lake have been Rw )&fA"'1 A' 'S / ii� � ohlAW11P .2� P �rf o � — 'Vkv/ / aw�? Fax to: 612-861-9367 or mail to: 6710 Lake Shore Drive, Richfield, MN 55423. RICHFIELD COMMUNITY SERVICES COMMISSION WNI&-ieie.r• EXECUTIVE SUMMARY _ Meeting Date: September 29, 2009 Agenda Item Agenda Section Recreation Services Staff Report Staff Report Attachments Contact Minnesota Department of Administration Advisory Opinion 09-020 Jim Topitzhofer Jim Topitzhofer will be reporting on these items: • Open Meeting Law — The City Attorney has requested that staff distribute the attached advisory opinion regarding the Open Meeting Law to all City Commissions. This is a reminder for Commission members that any discussion (in person or by email) of commission business involving a quorum or more of the members must comply with the Open Meeting Law. • Lincoln Athletic Complex - The construction of Lincoln Athletic Complex remains on schedule. The Contractor was successful in completing grading, irrigation and seeding of the four outfields by the September 23 deadline. Staff will provide a detailed progress report of the project at the meeting. • Ice Arena Energy Project — Harris Mechanical is in the process of replacing the refrigeration and HVAC equipment and other energy saving measures at the Ice Arena. Staff will provide a progress report on the project at the meeting. Recommended Action: None DEPARTMENT OF ADWAUSTRATION Advisory Opinion 09-020 This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2009). It is based on the facts and information available to the Commissioner as described below. Facts and Procedural History: On May 26, 2009, the Information Policy Analysis Division (IPAD) received a letter, dated May 22, 2009, from John Borger, an attorney. In his letter, Mr. Borger asked the Commissioner, on behalf of his client, the Star Tribune, to issue an advisory opinion on whether the Metro Gang Strike Force (MGSF) Advisory Board had violated the Open Meeting Law (OML), Minnesota Statutes, Chapter 13D. Mr. Borger submitted the $200.00 fee required by section 13.072. The Commissioner accepted Mr. Borger's request and in a letter to Manila Shaver, MGSF Advisory Board Chair, notified Mr. Shaver of her intent to issue the opinion and gave the members of the Board an opportunity to explain their position. Mr. Shaver replied, in a letter dated June H, 2009. Subsequently, the Commissioner notified Mr. Borger and Mr. Shaver that she would not issue an opinion because the MGSF had been dissolved. (The Commissioner refunded Mr. Borger's fee.) Mr. Borger asked the Commissioner to reconsider her decision, because the Board was still in operation, even thought the MGSF was not. The Commissioner agreed, and Mr. Borger resubmitted his request on July 17, 2009, along with the $200.00 fee. In response, IPAD notified Mr. Shaver that the Commissioner intended to issue this opinion, in a letter dated July 27, 2009, and again gave the members of the Board an opportunity to explain their position. Mr. Shaver responded again, in a letter dated August 12, 2009. The Commissioner also invited Rodney Bartsh, Chair of the Gang and Drug Oversight Council, which oversees the Board, to submit comments. Mr. Bartsh did not provide any comments. A summary of the facts follows. The MGSF and its Advisory Board were established by the Gang and Drug Oversight Council, as part of its duty to "establish multijurisdictional task forces and strike forces to combat gang and drug crime." (See section 299A.641, subdivision 3.) The MGSF was organized as a joint powers entity, whose 13 Advisory Board members are the chief law enforcement officers, or their designees, of all parties to the Joint Powers Agreement. (See MGSF Advisory Board Bylaws, Section IV.) 09-020 On April 7, 2009, a Star Tribune editorial writer sent an email to (then) MGSF Assistant Commander James Heimerl, seeking his perspective on an issue that was the subject of an April 5, 2009, newspaper article, about which she intended to write an editorial. She asked for a response by the following afternoon "for deadline purposes." According to documentation Mr. Borger provided, at 1:40 p.m. on April 8, Deputy Chief Rob Allen of the Minneapolis Police Department sent an email, with an attached letter, to Mr. Shaver and 33 others, including all Advisory Board members/member-designees. In the email, which Mr. Allen addressed to his `colleagues,' he asked them to review the attached letter, stating `[t]here is some time critical information that I think can help prevent further issue with MGSF operations if we act quickly enough.' In the letter, Mr. Allen raised several issues and wrote, "I would like the board to consider issuing a statement similar to" a paragraph he drafted and included. According to copies of the emails Mr. Borger submitted, between 2:50 and 4:29 p.m., seven Advisory Board members (or their designees) replied to Mr. Allen (and copied other Board members, including Mr. Shaver) with the following comments, listed in chronological order: 1. The Sheriff and 1 looked your memo and the proposed statement over. We like the idea of having this statement on record .... If you get consensus on it, we recommend [Mr. Shaver], on behalf of the MGSF Board, take action today and release it. 2. Chief ... and 1 reviewed your memo and endorse your recommendation and the immediate action by the board suggested by [commenter #1.] 3. In my view the statement is a good idea and reflects a solidarity on the part of the board. I also feel that as chair of the MGSF Board, Chief Shaver is the person the statement should come from. 4. You did a nice job [in the statement.] 5. 1 agree with the others. 6. 1 support the statement and agree [Mr. Shaver] as the chair of the MGSF would be the appropriate person to deliver the message. 7. 1 support the statement and agree that Chief Shaver as the chair of the MGSF would be the appropriate person to deliver the message. At 5:00 p.m., Mr. Shaver issued a press release, which consisted of the verbatim statement Mr. Allen proposed in his email to Board members and two additional introductory sentences. Mr. Shaver then emailed the Advisory Board that he had taken that action. Issues: Based on Mr. Borger's request, the Commissioner agreed to address the following issues: 2 09-020 1. Is the Advisory Board for the Metro Gang Strike Force a public body that must comply with the Open Meeting Law, Minnesota Statutes, Chapter 131)? 2. Did the members of the Advisory Board for the Strike Force comply with the OML when they exchanged certain email messages relating to the activities of the Strike Force? Discussion: Issue]. Is the Advisory Board for the Metro Gang Strike Force a public body that must comply with the Open Meeting Law, Minnesota Statutes, Chapter 131)? In his comments to the Commissioner, Mr. Shaver wrote: "(t)he OML applies to any `board' of a `public body.' Minn. Stat. § 13D.01, subd. I (c)(3). As MGSF Bylaws acknowledge, the Advisory Board is subject to the OML." Issue 2. Did the members of the Advisory Board for the Strike Force comply with the OML when they exchanged certain email messages relating to the activities of the Strike Force? Minnesota Statutes, section 13D.01, subdivision 1, states: "[all] meetings, including executive sessions, must be open to the public." The Legislature did not define "meeting" in the OML; however, the Minnesota Supreme Court described the "quorum rule:" `Meetings' subject to the requirements of the Open Meeting Law are those gatherings of a quorum or more members of the governing body ... at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. Moberg v. Independent School District No. 281, 336 N. W.2d 510, 518 (Minn. 1983). In his comments to the Commissioner, Mr. Borger wrote: Because more than a quorum of the Advisory Board participated in the communications and a majority of the board expressly approved issuing the statement, it amounted to a `virtual meeting' that violated the OML. The OML allows a non-physical `meeting' of a public body only in very limited circumstances [See Minnesota Statutes, section 13D.021 ].... . It is immaterial that Mr. Shaver might have issued a press release on his own authority, without any action by the Advisory Board. That is simply not what happened..... Mr. Allen expressly requested action by the Advisory Board. All board members received that request. Discussion among board members addressed whether there was a `consensus' on the requested action. Points of discussion included whether there should be a press release at all, what the release should say, and who should issue the press release. A majority of the board members expressly approved the request .... That surely constitutes `transacting public business' under the standard of St. Cloud Newspapers, Inc., 332 N.W.2d 1, 6 (Minn. 1983)..... What happened was that a 09-020 quorum of the Advisory Board, `as a group, discussed] ... [and] receive[d] information on official business.' [See Moberg, 336 N.W.2d at 518.] Mr. Shaver responded first on June 11, 2009; he modified his comments to the Commissioner in his August 12, 2009 response. In his June 11, 2009, comments, Mr. Shaver wrote: • I cannot speak on behalf of the Board on this matter as our Board has not met to discuss this issue. Our next meeting is on June 30'h, almost two weeks beyond the June 17ih deadline you provided. • As Chair, 1 cannot control the independent actions of the Board or individual Board member [sic] outside an official meeting. • In this incident 1 did not initiate the original e-mail or distribute it. I did distribute to the Board a copy of a news release, which is part of my day-to-day duties as chair. In his August 12, 2009, comments, Mr. Shaver wrote: The situation is analogous to a city council member alerting officials with administrative responsibilities to issues requiring immediate attention or offering other unsolicited input regarding day-to-day municipal business. Deputy Chief Allen's letter, and its distribution by e-mail, did not violate the OML. See Moberg, 336 N. W.2d at 518 .... He was simply disseminating information to all Board members alerting them about a matter of high importance. The e-mail from Deputy Chief Allen was a single Board member's opinion that a response was required. The communication in the other a -mails represented individuals offering their opinion that 1 should act on the matter immediately. References to the `Board' or `MGSF' in these e-mail communications stem from the fact that any routine actions performed by the Chair were done `on the Board's behalf,' as specified by the MGSF Bylaws.... With respect to Mr. Shaver's assertion that he issued the news release as part of his day-to-day duties, the Commissioner respectfully disagrees. Mr. Shaver characterized the subject of the email Mr. Allen sent as "a matter of high importance" to the Advisory Board. Seven of the Advisory Board members, more than a quorum, expressed their opinions to all other Board Members about whether the Board should act, what action it should take and who should act on the Board's behalf. Mr. Shaver stated that Mr. Allen's email was permissible under Moberg, because it is permissible for members of a public body to receive information "through the mail." In Moberg, the Court stated that in a situation in which a quorum or more of a public body received written information as a group, but did not read and discuss it, there was no violation of the OML. In that situation, the Court wrote, "... such distribution was functionally equivalent to receiving 09-020 information through the mail, which is permissible, and there was no danger of forming group consensus because no information was actually received until material was read and no discussion occurred." Moberg at 511. The Court made its ruling in 1983, long before email was a common means of communication. Here, a quorum of the Advisory Board, in addition to receiving information, commented on and provided direction to Mr. Shaver on a matter relating to the official business of the Board. The Commissioner is aware that Minnesota courts have not ruled definitively on this issue. However, given the facts here, the Commissioner believes that per Moberg and St. Cloud Newspapers, Inc., the conduct of the Advisory Board constituted a meeting, which was required to be public, and as such is impermissible under the OML. If Mr. Allen had sent his suggestion only to Mr. Shaver, and if Mr. Shaver had taken action without consulting a quorum of the Board, then, in the Commissioner's view, that conduct would be permissible. It seems reasonable that one-way communication between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decision -making ensues. The Commissioner urges the Legislature to provide guidance in the OML on issues arising from the widespread use of email and other forms of communication. It would be helpful to clarify specifically what kinds of email communications are permissible Opinion: Based on the facts and information provided, the Commissioner's opinion on the issues that Mr. Borger raised is as follows: 1. The Advisory Board for the Metro Gang Strike Force is a public body that must comply with the Open Meeting Law (OML), Minnesota Statutes, Chapter 13D. 2. Members of the Advisory Board for the Strike Force did not comply with the OML when they exchanged certain email messages relating to the activities of the Strike Force. Signed:d`Gr' Sheila M. Reger Commissioner Dated: September 8.2009 RICHFIELD COMMUNITY SERVICES COMMISSION .�,.- EXECUTIVE SUMMARY Meeting Date: September 29, 2009 Agenda Item Veterans Park Taskforce Attachments None Agenda Section Discussion Items Contact Jim Topitzhofer A number of Commission members attended a public meeting at the Ice Arena on July 21, 2009 to gather citizen input regarding a request to discontinue mowing in a portion of Veterans Park behind ten homes on 11`" Avenue. The consensus of the meeting was to continue mowing this area and to determine another area of the park to consider naturalizing. A number of people expressed interest in developing a volunteer event to remove burdock, a highly invasive plant, from the park. Staff recommends forming a taskforce to survey and identify areas in the park that are infested by invasive non-native plants and to develop policies and volunteer activities around naturalizing the Park. A taskforce of one or more Commission members and several community members is suggested. Recommended Action: Assign a Commission member(s) to the Veterans Park Taskforce. RICHFIELD COMMUNITY SERVICES COMMISSION EXECUTIVE SUMMARY Meeting Date: September 29, 2009 Agenda Item Richfield Park Ordinance Attachments First Draft of Amended Park Ordinance Agenda Section Discussion Items Contact Jim Topitzhofer The Commission has had several discussions regarding the attached first draft of the amended Section 840 of the Richfield City Code. The Commission recently discussed the merits of allowing non -motorized watercraft on Mother Lake (Taft Park). Staff contacted the Minnesota DNR about the current restrictions that apply to Mother Lake. The DNR representative indicated there are a number of State Statues that regulate water surface use, but that the City filed for its own restrictions in 1972 which prohibits swimming, watercraft and snowmobiles. The DNR already prohibited ice fishing houses on this lake. If the City of Richfield wishes to allow non -motorized watercraft on Mother Lake, the following information would have to be submitted to the DNR: • A water surface worksheet with a map of the water body, highlighting the affected areas. • A statement explaining the necessity for the ordinance and the solution to the problem this ordinance will offer. • A copy of the proposed ordinance (sample wording is included). • An account of the public hearing held concerning the proposed controls, including an account of the statements of each person who testified The DNR indicated that allowing non -motorized watercraft on Mother Lake for the purposes of fishing and recreation would most likely be welcomed by the DNR. One obstacle to overcome, however, is that Mother Lake is not located within City limits and the landowner (Metropolitan Airport Commission) would have to agree to the change of use for the Lake. Other considerations would be determining the need for improvements to accommodate boating such as a landing near a parking area, boating rules and other safety considerations. Another unresolved topic includes the topic of damaging vegetation in parks. The proposed ordinance addresses this topic as follows: 840.18 Damaaina Veaetation in Parks. No person may walk, run, climb, sit, stand or be physically present in any area designed for or planted with vegetation, or be in any water area or other area not designed for human activity in Richfield Parks. No person may remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or other material from Richfield Parks. Staff is requesting additional discussion on these topics. The first draft of the Amended Park Ordinance is scheduled to be presented to City Council on October 27. Staff is requesting that a spokesperson from the Commission attend the meeting to help present the ordinance to City Council and to find out if the Council wants to proceed eventually with a public hearing. The tobacco restriction in parks will be presented to the City's Board of Health on October 19. Recommended Action: Provide additional feedback regarding the attached first draft of the Parks Ordinance. Richfield City Code DRAFT 840.01 (Rev. 2009) Section 840 — Conduct in Public narks 940.01. Re"latina closing of public narks. Public parks of the city will close at 10:00 p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day, except that the following parks will remain open until 11:00 p.m.: • Augsburg Park • Donaldson Park • Taft Park • Veterans Memorial Park • Washington Park • Wood Lake Nature Center Except as provided in subsection 840.03, no person may be in, remain in or enter any public park between the park's closing time and 5:00 a.m. and no person may drive into or remain in a public parking area within or immediately adjacent to a public park during the hours when the park is closed. For the purposes of this section that area of Augsburg Park belonging to and occupied by the Hennepin County branch library is included as a public park. (Amended, Bill No. 2000-4) 840.03. Activities permitted after closing. The following activities may continue in the public parks after the parks have closed: (a) use of the indoor ice arena and use of the miniature golf course; (Amended, Bill No. 1993-8) (b) city sponsored and supervised activities, which because of the nature of the activity, cannot be held during the time when the parks are open; (c) activities sponsored by any other group, association or organization which has applied for and received a permit for such activity pursuant to subsection 840.05; and (d) custodial or maintenance city and Hennepin County authorized personnel who must perform their services during the times when the parks are closed. 840.05. (Amended, Bill No. 1993-8) Permits. Subdivision 1. Prohibition. No person may engage in an organized activity in a public park unless the group, association or organization sponsoring the activity has obtained a permit as provided in this subsection. For purposes of this subsection, an "organized activity means a planned recreational or sporting activity involving more than 10 persons that is sponsored by a group, association or organization, the time and location of which are advertised in advance of the activity to the group, association or organization members, and which activity makes exclusive use of a portion or all of a public park. Examples of organized activities include, without limitation, class reunions, sporting tournaments or league sporting events. Subd. I a. Procedure. A group, association or organization wishing to sponsor any organized activity shall apply to the city manager or the manager's designee not less than two weeks before such organized activity for a permit to conduct the activity. The application shall be on forms prepared by the manager. Fees will be determined annually during the budget process. No permit may be issued unless the city manager determines: Richfield City Code 840.05, Subd. 2 (Rev. 2000) (a) if the organized activity is proposed to use the park between the hours of 11:00 p.m. and 5:00 a.m., that the proposed activity could not be conducted during hours when the park is open to the public; (b) if the organized activity is proposed to use the park between the hours of 11:00 p.m. and 5:00 a.m., that the proposed activity will not be likely to disturb the residents of property surrounding the park; (c) that the proposed activity will not be likely to cause or create crowd control or traffic or park maintenance problems; and (d) that the proposed activity will not interfere with any other activities previously scheduled for the park. Subd. 2. Activity: bond. The manager may limit the time of the organized activity, the area in the park where the organized activity will occur and may impose other conditions upon the conduct of the proposed activity. The manager may also require as a condition for issuance of the permit an indemnity bond holding the city harmless from liability of any kind or character and reimbursing the city for any property damage or cleanup cost. (Amended, Bill No. 1993-8) Richfield City Code 840.07 840.07. Closing of narks by city manager. The manager may close any public park and any parking area within or immediately adjacent to such park, for such period as he shall deem necessary in order to protect or restore or terminate or prevent breaches of the peace and order. The order to close shall apply without exception to all activities conducted in the park. No person having been informed of an order closing the area may remain in the area longer than is reasonably necessary to leave. 840.09. Golf in public narks. Subdivision 1. Definitions. For purposes of this subsection, the term "golf ball" means a ball which is of the type used to play the game of golf and shall also include any projectile of solid construction capable of being struck or propelled by a golf club; and the term practice golf ball means a ball which is not of the type used to play the game of golf and is composed of a thin hollow sphere of plastic or other similar light weight material. Subd. 2. Hitting of golf balls prohibited. No person may hit, drive, stroke or otherwise propel a golf ball upon, in, over or across any street, avenue, alley or other public place including public parks except within areas of public parks which have been designated for that activity. Subd. 3. Hitting of practice golf balls prohibited. No person may hit, drive, stroke or otherwise propel a practice golf ball upon, in, over or across any street, avenue, alley or other public place except public parks. Subd. 4. Hitting of practice golf balls in public parks. Unless the hitting of practice golf balls is specifically prohibited in a public park, any person may hit, drive, stroke, or otherwise propel such practice golf balls in accordance with the following restrictions: (a) the ball may not be hit from or to any location closer than 100 feet from the park boundary; (b) the ball may not be hit from or to any location closer than 100 feet from any area actually being used for any organized recreational activity such as softball, baseball, football or tennis; (c) the ball may not be hit from or into any location closer than 100 feet from any playground, tot lot, picnic area, walking or biking trail, parking lot, building, structure or lake within the park; and (d) balls may not be hit from or into the Woodlake Nature Center. Subd. 5. Violations: penalties. A person who violates any of the provisions of this subsection is guilty of a petty misdemeanor for the first violation. A second or subsequent violation without limitation as to time is a misdemeanor. Richfield City Code 840.11 (Rev. 1999) 840.11. Sale and consumption of beer in parks. Subdivision 1. Definitions. For purposes of this subsection, terms defined in the subdivision have the meanings given them. (a) "Sale" means all means of furnishing and includes but is not limited to the furnishing for money or other consideration. (b) "Beer" means any beverage which is produced wholly or in part from the brewing of any grains or malt or malt substitute and containing more than one-half of one percent alcohol by volume. (c) "Organization" means any entity having religious, veteran, charitable or business activities as its principal purpose and which qualifies in all respects for the issuance of a license to sell the type of beer to be furnished at the activity or event for which the permit is being sought. Subd. 2. Sale and consumption prohibited. The sale, possession with intent to consume, or consumption of alcoholic beverages is prohibited in the public parks of the city, except as expressly permitted by subdivision 3 of this subsection. (Amended, Bill No. 1999-6) (Subd. 3, 4 and 5 Repealed, Bill No. 1988-12) Subd. 3. Community Celebration. A nonprofit corporation that has obtained a community celebration license in accordance with subsection 850.09 of this code may sell 3.2 percent malt liquor in Veteran's Memorial Park in connection with the licensed community celebration, provided that the corporation also obtains a license under subsection 1210.07, subdivision 3 of this code and applicable state law. The community celebration license and temporary on -sale license must designate the area(s) of Veteran's Memorial Park where sales may be made. A person of legal age may possess with intent to consume or consume alcohol purchased pursuant to this subdivision within the areas designated in those licenses. (Added, Bill No. 1999-6) 840.12 Use of Tobacco in Parks Prohibited. No person may use tobacco in any form in Richfield parks. 840.13 Sellin¢ food. products or services in Parks Prohibited.. No person may sell or offer for sale any product, food or service in any public park; provided, that refreshments or other articles may be sold by the City or by persons authorized to do so in writing by the Recreation Services Director. 840.14 Feeding of Wild Animals or Birds Prohibited. No person may feed wild animals or birds or deposit a food source for wild animals or birds in Richfield parks. 840.15 Regulations on Public Bodies of Water in Parks. Swimming, bathing, ice fishing houses, boating and snowmobiling are prohibited on bodies of water in Richfield Parks in accordance with Section 835.09. 840.16 Use of Sound Svstems in Parks. No person may use any electric sound receiving, transmitting or reproducing device in such a manner as to annoy or disturb persons within the park, or disturb or interfere with programmed or scheduled activities in a Richfield park.. 840.17 Dogs in Parks. All dogs must be leashed in public parks and owners shall immediately clean up and sanitarily dispose of any feces of the animal, except that this provision does not apply to blind persons with respect to their ownership and use of a seeing - eye dog, in accordance with Section 905.05 and 905.06. 840.18 Damaging Vegetation in Parks. No person may walk, run, climb, sit, stand or be physically present in any area designed for or planted with vegetation, or be in any water area or other area not designed for human activity in Richfield Parks. No person may remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or other material from Richfield Parks. RICHFIELD COMMUNITY SERVICES COMMISSION EXECUTIVE SUMMARY Meeting Date: September 29, 2009 Agenda Item Agenda Section Adventure Gardens Miniature Golf Planning Discussion Items Attachments Contact None Jim Topitzhofer The City operates a miniature golf facility in conjunction with the large picnic shelter in Veterans Park. The facility has reached a point where significant repairs would be needed to continue operating. Staff is requesting help from the Commission to further analyze the condition of the facility, financial performance, usage, market forces and other considerations to formulate a recommendation on continuing the operation of the facility. Staff is requesting additional input from the Commission to develop a planning process and brainstorm what other kinds of information are needed to formulate a sound recommendation. Recommended Action: Discuss a planning process for formulating a recommendation on continuing the operation of Adventure Gardens Miniature Golf.