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Home My WebLink AboutOrdinance - 3-2007 - Amending City Code Section 9.04 Relating to Parks - 01/16/2007 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: WHEREAS, it is in the best interest of the public health, safety and general welfare of the people of the City of Eden Prairie that certain types of park use be prohibited so as to best protect and assist the owners, employees and patrons thereof and the public in general, City Code Chapter 9 is amended as follows: Section 1. City Code Section 9.04, Subdivision 2. Definitions is amended by adding items K., L. and M. as follows: K. "Non-resident sponsored group"means two or more persons who engage in a cooperative or coordinated activity in or on a park and who are sponsored, or organized by, or under the direction or control of, one (or more)person(s), business(es) or non-profit organization(s) or other entity ("Sponsor"), for the purpose of engaging in a cooperative or coordinated activity in or on a park. A Sponsor as used in this definition does not include a(a) natural person who is a resident of the City or(b) business or non-profit organization which, (i) conducts a business, service or activity and (ii) occupies and maintains a physical property having an address, within the City. L. "Resident sponsored large group"means more than 20 persons who engage in a cooperative or coordinated activity in or on a park and who are sponsored, organized by, or under the direction or control (for the purpose of engaging in a cooperative or coordinated activity) of, a(or more) natural person(s), who is a resident of the City or a business(es), non-profit organization(s) or other entity, which (a) conducts or provides a business, service or activity and (b) occupies and maintains a physical property having an address within the City M. "Large group use facilities"means the following facilities within the City's parks: All park shelters larger than 200 square feet, trails, and all athletic fields, and courts. Section 2. City Code Section 9.04, Subdivision 5. Permits is amended by adding a sentence to the end of section A. as follows: Issuance of a permit shall be subject to and governed by the policies and guidelines for community use of parks and recreation rental facilities as adopted by the Council from time to time. Section 3. City Code Section 9.04, Subdivision 5. Permits, Section C. is amended by adding number 5. as follows: 5. The proposed activity or use will not be contrary to the policies and guidelines for community use of parks and recreation rental facilities as adopted by the Council from time to time. Section 4. City Code Section 9.04, Subdivision 5. Permits is amended by adding to Section D. as follows: D. Use of a Park by the holder of, and pursuant to, a permit shall have priority over use by any other person. Section 5. City Code Section 9.04, is amended by adding Subdivision 7 and Subdivision 8 as follows: Subd. 7. Non-Resident Sponsored Group Use Prohibited. Use of a park by a Non-resident sponsored group is prohibited. Subd. 8. Permits Required for Resident Sponsored Large Group. Use of a Large group use facility by a Resident sponsored large group is prohibited without first obtaining a permit for the use of a park. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 9.99 entitled violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 161n day of January, 2007, and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the 6"' day of February, 2007. K leen Porta, City Clerk Phi Young, Mayoi PUBLISHED in the Eden Prairie Sun Current on the 16 /day of Mz 71 2007. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. Summary: The amendment will prohibit the use of Eden Prairie parks by large, non- resident sponsored groups and will require reservations by resident sponsored groups larger than twenty persons; and will provide the City with the ability to control use of the City's parks by large, organized groups and will restrict any non-resident large groups from use of parks, and will eliminate any"for-profit" group from using City park land for the purpose of operating a for-profit business. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ir Ka Teen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on lwiokf (A full copy of the text of this Ordinance is available from City Clerk.) City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE_ HENNEPIN COUNTY,MINNESOTA • ORDINANCE NO. 3-2007 �• was' AN ORDINANCE OF THE CITY OF EDEN PRAIRE,MIN- °°°= NESOTA,AMENDING CITY CODE CHAPTER 9 SEC- neEspapers TIONGOVERNING RNING PUBLIC To RULES AND REGULATIONS GOVERNING PUBLIC PARKS AND ADOPTING BY REFERENCE CITY CODE'CHAPTER 1 AND SECTION AFFIDAVIT OF PUBLICATION PENA TY PRH AMONG OVISIONS.OTHER THINGS CONTAIN Summary: The amendment will prohibit the use of Eden STATE OF M I N N ESOTA) Prairie parks by large,non-resident sponsored groups and will require reservations,by resident sponsored groups larger than twenty persons:and will provide the City with SS. the ability to control use of the'City's parks by large,orga- nized groups and will restrict any non-resident large COUNTY O F H E N N E P I N) groups from use of parks,and will eliminate any'for-prof- it"group from using City park land for the purpose of op- Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief erating afor-profit business. Effective Date:This Ordinance shall take effect upon pub Financial Officer of the newspaper known as Sun-Current lication. Phil Young,Mayor; and has full knowledge of the facts stated below: ATTEST: Kathleen Porte,City Clerk PUBLISHED in the Eden Prairie Sun Currenton February 7. (A)The newspaper has complied with all of the requirements constituting qualification ts, co (A full copy copy of the text of this Ordinance is available from: City Clerk.) as a qualified newspaper as provided by Minn. Stat. §331 A.02, §331 A.07, and other (Feb.15,2007)d4-3-2007 Summary applicable laws as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 15 day of February , 2007, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefgh ijkl mnopgrstuvwxyz e� BY: 1 . FO Subscribed and sworn to or affirmed before me on this 15 day of February , 2007. Notary P Ic -------------------------- MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1.91 09 i --------------------- RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line