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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 15, 2009
AGENDA #: 9B
PREPARED BY: Kelly Meyer, Assistant City Manager
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING CITY CODE
SECTION 703 RELATING TO THOMAS RYAN JR. MEMORIAL PARK
CLOSING TIME.
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request to extend the hours of
operation of Thomas Ryan Jr. Memorial Park (Ryan Park) from 10pm to 11 pm
daily.
History
Through the purchase and development of Ryan Park, the City conducted nine
public and neighborhood meetings to solicit input from surrounding property
owners who would be most impacted by the development of the park. The two
primary issues of concern at the time were (1) hours of operation, and (2)
alcohol. In August of 1999, the City Council adopted an ordinance that took into
account the concerns of the neighborhood and balanced those concerns with the
needs of park users. The park hours were set at Sam to 10pm daily, and no
alcohol was permitted in the park since this is primarily a youth facility.
Discussion of prohibiting lights in the park occurred but was never adopted.
Since that time, the park has been developed for soccer and baseball fields, and
PLAY and the soccer association are the primary users for their youth baseball,
softball, fall football and soccer programs.
In 2006, through the generous donation by the SMSC ($450,000) and a
commitment from PLAY ($300,000), the City was asked to install lights (in
addition to other facility upgrades) for four baseball fields in order to extend the
time the park was useable for games. At this time, they also proposed a park
close time of 11 pm.
The City staff conducted a number of neighborhood meetings regarding the
installation of lights, and the PAC conducted a public hearing in November 2006.
The primary concerns raised at the public hearing were (1) light spillage onto
adjacent properties, and (2) hours of operation of the park. Once again, the City
Council was asked to balance the needs of the park users with the concerns of
the neighborhood. As the Council is aware, the lighting installation and field
improvements were completed. The park hours of Sam to 10pm did not change.
www. cityofpriorlake. com
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Current Circumstances
Earlier this year the Council received a request from PLAY to extend the hours of
Ryan Park to 11 pm. At its May 15, 2009 meeting, the Council directed the Parks
Advisory Committee (PAC) to conduct a public hearing to solicit input and make
a recommendation to the Council.
City staff published notice of the public meeting in the Prior Lake American, and
mailed a meeting notice to the 75 residents within 800 feet of the park. On June
10, 2009, the PAC conducted the public hearing. A number of PLAY
representatives were present to provide input, and five members of the
neighborhood provided comments as well. After considering the testimony
from the public hearing, the PAC, by a 3-to-2 margin, recommended that
park hours be extended to 10:30pm rather than 11 pm. This was after an
original motion for an extension to 10:15pm failed. They also recommended that
a five minute warning be given in advance of the shut down of the lights.
Conclusion
The City Council should consider (1) the request and rationale offered by PLAY,
(2) the issues raised by the neighborhood; and (3) the recommendation of the
PAC, and determine if the amendment to the ordinance is appropriate.
ISSUES: Several issues were raised by the public and considered by the PAC which are
summarized below. A copy of the minutes of the meeting are also attached.
1. Completion of Games. PLAY schedules double-headers on each of the
fields. Start times are 5:45pm for the first game, and 8pm for the second.
They implement a rule where no new inning can start after 7:40pm, or
9:55pm. For the 8pm games, they often have difficulty getting the full
game in. They have difficulty starting games earlier because visiting
players/parents can't get from work and travel to Prior Lake any sooner.
PLAY indicates that most often games would be completed by 10:15pm,
unless extra innings or weather conditions caused delays.
2. Clean-up and Field Maintenance. Because the lights are to go off
promptly at 10pm, participants are often clearing out dug outs in the dark.
PLAY is also unable to do any raking or basic maintenance of ball
diamonds since there is no light. This is also a safety issue for those
trying to exit the park. To provide time before 10pm for exiting the park,
the games would need to end by at least 9:45pm.
3. Expanding Participation /Use of Parks. PLAY indicated how fast its
programs are growing. Advised that they are limited in the opportunities
they can provide by the facilities available. Expanding the use of parks is
more cost-effective than building new facilities, and was the first priority
identified by the PAR Task Force.
4. Quality of Life. Neighbors to the park who spoke generally discussed
the impact of the park on their quality of life, specifically related to lights
being on until 11 pm, traffic exiting the park well after the time the lights
go off, and the noise that carries into homes from activities in the park -
all of which happens during the work week. They did suggest that
perhaps some minimal lower level lighting could be install and kept on in
order that participants could safely leave the park. The consensus from
the people present from the neighborhood was that they opposed any
extension of the park hours.
5. Impact to Youth. Neighbors discussed a concern that it was
inappropriate to have student athletes playing until 11 pm at night,
particularly when a number of games occur before school is out.
6. Costs. The issue was raised whether the extension of hours costs the
City additional utility and personnel costs it does not have.
FINANCIAL The primary financial impact in extending the hours of the park are related to the
IMPACT: cost of operating the lights. Staff estimates that it costs the City approximately
$137.50 per day to light the fields at Ryan Park (based upon rates from summer
of 2008). Assuming that the lights are on two hours per night, the cost would be
estimated at $68.75/hour. To extend the hours at Ryan by one hour over a 12
week period (full baseball season), the cumulative additional cost is estimated to
be $3300.00 (72 wks. x 4 days/wk. x $68.75). Extending the hours of operation
by a half hour has an additional cost estimated to be $1650 for the same period.
ALTERNATIVES: The PAC has recommended approval of an ordinance amending the closing time
at Ryan Park from 10pm to 10:30pm. The original request from PLAY is for an
extension to 11 pm. The Council has four alternatives:
1. Motion and Second to adopt the attached Ordinance implementing a
10:30pm closing time for Ryan Park.
2. Motion and Second amending the proposed Ordinance to implement a
time other than 10:30pm for closing Ryan Park.
3. Defer action and provide staff with additional direction.
4. Take no action. By taking no action, the existing 10pm closing time at
Ryan Park would continue.
Any action by the City Council to amend the existing ordinance will be effective
after publication in the Prior Lake American (June 22, 2009)
RECOMMENDED
MOTION: The Parks Advisory Committee recommends Alternative 1.
Reviewed by:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 109-XX
AN ORDINANCE AMENDING SECTION 702.400 OF THE PRIOR LAKE CITY CODE
RELATED TO THE CLOSING TIME FOR THOMAS RYAN JR. MEMORIAL PARK.
The City Council of the City of Prior Lake does hereby ordain that:
1. Sections 702.400 of the Prior Lake City Code is hereby amended as shown below:
702.400: PARK HOURS: With .the exception of Memorial Park, Ponds Park and
Thomas Ryan Memorial Park, all parks will close at 10:00 p.m. each day
and shall remain closed until 5:00 a.m. on the following day.
^ Memorial Park and Ponds Park will close at 11:00 p.m. and shall
remain closed until 5:00 a.m. on the following day.
^ Thomas Ryan Memorial park will close at 48:80--per 10:30 a.m.
and shall remain closed until 8:00 a.m. on the following day.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 15t" day of June, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 20th day of June, 2009.
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Phone 952.447.9800 /Fax 952.447.4245
Parks Advisory Committee Minutes
6/10/09
6:02 p.m. -7:25 p.m.
Members Present: Kyle Haugen, Mike Feriancek, Eric Spieler, Dan Ruhme, Kelly Loose
Members Absent: Kendall Larson, Ron Ceminsky
Staff Present: Angie Barstad, Kelly Meyer
Public Present: Pam Mikkelson, Mark Schroeder, Mark Peller, Troy Eavzan, Steve Hoeg, Randy
Geister, Paul Schons, Marcy Wolf
1. CALL TO ORDER:
Meeting called to order at 6:02 pm by Chair Ruhme.
2. APPROVAL OF JUNE AGENDA:
Motion to approve the agenda was made by Eric Spieler, Second by Kyle Haugen; motion
carried
3. APPROVAL OF MAY MEETING MINUTES:
Motion to approve the meeting minutes by Eric Spieler, Second by Kyle Haugen; motion carried
4. PUBLIC HEARING TO CONSIDER EXTENSION OF PARK HOURS AT RYAN
PARK:
Meyer: See attached Committee Report and submitted emails from residents regarding the
extension of park hours at Ryan Park.
The following people spoke during the Public Hearing:
Mark Schroeder: President of PLABA and former President of PLAY. Extension of hours
would make it possible for older kids & adult teams to finish their games and reduce wear and
tear on Memorial Park. This is not about increasing time for use of alcohol.
Mark Pellers: Current President of PLAY. PLAY and the City have a great partnership. PLAY
has included a $10 fee per registrant for park improvements. PLAY has contributed several
hundred thousand dollars to the park. If hours were extended it would allow more time for teams
and fans to get out of the park safely. The extended hours would follow suit with Ponds and
Memorial Parks, which are open until l lpm.
Troy Eavzen: Closest neighbor to the park. There is a lot of light spillage despite the installed
hoods. He has spent $3,000 on blinds to block out the light. The City sound/noise ordinance is
being violated. The sound level is comparable to having a lawn mower running constantly. A
noise level test should be conducted. All of this impacts the quality of life of residents in the
area. The l Opm curfew for the lights has not been met on several occasions this year.
Steve White: PLAY member and lives off of Ponds Park. Family loves the atmosphere of
hearing the fans and the sound of the bats hitting the ball. The lights don't bother him or his
family at The Ponds. PLAY numbers are increasing. It is more cost affective to extend the park
hours then build a new park. Parents should control how much sleep their children receive so the
later game hours don't affect school, etc.
Randy Geister: PLAY Administrator. Baseball runs May, June, July. Lights will be turned on
for games only, no practices. Football runs August, September, October. Lights are used earlier
due to the time of year. 5:45 is the earliest a baseball game can start because of travel time
needed for opposing teams. This year 11 games have had to stop short of completions because of
the l Opm cut off. 23 games finished by l Opm. If the hours are extended there will be time for
clean up/pick up after each game. This will reduce the City staff time used for garbage clean up
at the park. There are 65 games total on 4 fields for the baseball season where lights may be
needed after lOpm. Those games start at 8pm. This is Monday through Thursday, no Saturday or
Sundays. 17 of those 65 games are held during the school year. Games are primarily finishing by
l O:15pm.
Paul Schons: PLAY member and lives by Ryan Park. Lights and noise are not an issue at his
house. The teams can't go earlier then 5:45pm because of travel times for teams outside of Prior
Lake. There are safety concerns when the lights are shut off at l Opm. People attending and
players can hardly see when they are trying to find their way to their cars. Due to increasing
enrollment, PLAY does not want to eliminate teams because of the l Opm light cut off.
Pam Mikkelson: Lives right off of Ryan Park. The noise of people screaming, the sound of bats
hitting balls, lights lighting up her whole backyard and the decrease in the quality of life in the
neighborhood is not something they chose when they bought their house 18 years ago. There
needs to be a stopping point. First it was development of the park then the lights now an
extension of the hours of the lights. Perhaps the City could install smaller lights for safety when
people are leaving the park. Kids are losing sleep by playing these late games. She sees a lot of
tardy students at her job at Twin Oaks Middle School because they were up late playing a
baseball game and couldn't wake up in time for school that morning. By extending the park
hours is there anything that is gained? Before considering the extension of park hours consider
the whole impact on the neighborhood and not just on PLAY.
Marcy Wolf: Shares her driveway with Ryan Park. Strongly opposes the extension of park
hours. The lights shine in her house all the time and they light up her whole yard. This has a
significant impact to her home. There is littering, parking, & trespassing problems on her
property. She loves the PLAY program but enough is enough. Give them an inch they will take a
foot.
The Public Hearing was closed by Chair Ruhme at 6:42 P.M.
Feriancek: What are the football schedules?
Geister: 6pm - 9:30pm, Monday through Thursday for 10 weeks. 65 games/34 nights
Kent beavers: Start time for baseball is 5:45 with no inning beginning after 7:40pm and 8:OOpm
for shut down at 9:SSpm
Feriancek: Employee hours increased?
Meyer: Seasonals open and close the park in addition to many any other park facilities schedules
that evening.. The City may have to pay an employee more but only if it happens to correspond
with other City facilities. The staff costs are minimal.
Feriancek:. What costs has Mr. Eavzan incurred? What has he done to lessen the noise?
Eavzan: Cost to upgrade blinds to black out the lights. Other than closing windows there are
nothing else that can be done to block out the noise. He picks up debris in his yard each morning
following a night game at Ryan Park.
Wolf: Trespassers come over to their house and picnic on their property and dump trash.
Loose: Per a resident's email regarding the Ryan Park hours it was mentioned that there would
be additional costs if the park hours were extended. How will the City deal with that additional
expense?
Meyer: Believed the costs to be primarily utilities, but did not have the costs at the moment.
Kyle Haugen: Would the football schedule change if lights were on longer?
Geister: Not at this time
Kyle Haugen: Would the no new inning rule after 9:40 be changed if the lighting hours were
extended?
Kent beavers: It would possibly be moved to 10:05 or 10:10 and the game would end at 10:20 -
10:30pm.
Schroeder: Not sure about what time changes would be for PLABA
Kyle Haugen: How many late games for PLAY are there currently?
Geister: 12-15 year olds have 1-21ate game nights per week at home
Kyle Haugen: Are lights independently controlled so that all of them don't need to be on if there
are not games at all the fields?
Meyer: yes, if staff was available.
Spieler: Concerned about the quality of life in the neighborhood. He would like the City and the
sports organizations and the neighbors to find a compromise that would help everyone. Perhaps
PLAY should use fields outside of Prior Lake.
Ruhme: Would not like to add 15 minutes, etc. because it will keep getting added on to and on
to, etc. It's not bad if it is for 3 months only. The City needs to enforce and assure that the lights
are off when they are supposed to be off. It is a tough decision to ask the neighbors around Ryan
Park to sacrifice for the good of all. The City needs to look at all enforcement issues at the park.
Spieler: What is cost if the light hours are not extended?
Ruhme: None, other than the convenience for PLAY's participants and operation of its
programs.
Pellers: PLAY is currently turning kids away from the program.
Kyle Haugen: Believes the extension is for the better of the community as a whole.
Feriancek: Does not believe l lpm is appropriate. Suggested 10:15 or 10:30pm. This would give
people enough time to clean up after the games and leave the park. PLAY should also try to
address the trespass and garbage issues with the neighbors. Perhaps have volunteers walk the
park perimeter.
Motion by Kelly Loose to extend Ryan Park hours to 10:15pm; second by Eric Spieler.
Kyle Haugen: Would not support the 10:15pm time. Proposed 10:30pm.
Ruhme: Asked PLAY &Eavzan about 10:30pm extension time.
Geister: 10:30pm would work
Eavzan: Does not approve the extension at all. The property values would go down and the City
noise violation will still be occurring. He would support a smaller set of lights for cleanup and
safety.
VOTE on 10:15 motion: 2 approve (Loose, Spieler); 3 opposed (Ruhme, Haugen, Feriancek);
Motion failed
Motion by Kyle Haugen to extend Ryan Park hours to 10:30pm with a 5 minute warning to
players and spectators as to when the lights will be turned off; second by Mike Feriancek.
VOTE: 3 approve (Ruhme, Haugen, Feriancek); 2 opposed (Loose, Spieler); Motion carried
Ruhme: Thanked all who attend to express their concerns.
5. RECREATION UPDATE
Barstad: Concerts in the Park began 6/4. There were 100 - 150 people in attendance. The next
concert is 6/11 at 7pm with a kids craft table from 5:30 - 6:30 at Lakefront Park before the
concert begins. Summer Supremo begins 6/22/09 at Lakefront Park. There are still openings in
all our programs and trips for this summer. Tot lot has the highest numbers so far with
playground having the lowest numbers. Go to www.priorlakerecreation.com to sign up and
check out what we have to offer.
No formal action required
6. FUTURE MEETING DATE -July 16th, 2009 at 6nm in the City Council Chambers
Motion to adjourn was made by Kyle Haugen, Second by Mike Feriancek, motion carried. The
meeting adjourned at 7:25 p.m.
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Submitted by Angie Barstad, Recreation Coordinator