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01 12 2021 Joint Parks and Planning Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB RD JOINT PARK/PLANNING COMMISSION SHOREWOOD CITY HALL WORKSESSION 7:00 PM TUESDAY, JANUARY 12, 2021 Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood Park and Planning Commission meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. For link issues at meeting time, call 952.960.7906. AGENDA 1. CONVENE JOINT PARK/PLANNING COMMISSION WORKSESSION A. Roll Call Mangold________ Hirner________ Gallivan________ Schmid________ Garske________ MADDY ______ GORHAM ______ EGGENBERGER _ _ GAULT ______ RIEDEL ______ B. Review Agenda 2. DISCUSSION ITEM: A. Fire Lanes - (Att.-#2A) 3. ADJOURN Park Commission Liaison for City Council Meeting on January 25 is Commissioner Mangold CITY OFSHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331  952-960-7900 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us To: Park Commission and Planning Commission From: Marie Darling, Planning Director Meeting Dates: November 10, 2020 (Park Commission) November 17, 2020 (Planning Commission) Re: Fire Lanes Open Questions Attachments: DNR Input on Vacation Requests Information from Assessor on Tax Impact of Vacation Minutes from the September 1, 2020 meeting Correspondence Received At the joint work session on September 1, 2020, the Commissioners asked for three additional pieces of information:  How vacations are processed  The cost to provide additional maintenance  The tax implications if adjacent property owners receive additional property through vacations At that same meeting, the commissioners were generally in consensus with the following: They suggested that Fire Lane 2 may have no public park purpose and  suggested keeping it as a utility access for lift station maintenance and removing that from the ordinance and zoning map They needed more information to decide on the future of Fire Lanes 3-6  They thought Fire Lanes 8-10 would have little public use in the future and  should be considered for vacation THE VACATION PROCESS: The process to vacate streets, alleys, public grounds, public ways, etc. is governed by Minnesota Statute 412.851. The statute indicates that vacations may only be undertaken if it is in the public interest to do so. The City would need to hire a surveyor to prepare a legal description of the property(ies) if a legal description is not currently available. The City Council must order a public hearing to complete the vacation. Staff would then publish a notice of the meeting twice and post the notices in the entrance to City Hall and on the website at least 10 days before the hearing. The city is also required to send notice to the Commissioner of the DNR at least 60 days prior to the hearing. Additionally, at least 15 days prior to convening the public hearing, the Council or its designee must consult with the commissioner of natural resources to review the proposed vacation and advise the City on the evaluation based on specific criteria: 1. The proposed vacation and the public benefits to do so. 2. The present and potential use of the land for access to public waters. 3. How the vacation would impact conservation of natural resources. Staff also consulted with the DNR staff on how they would review the requests and they submitted the attached information. Additionally, an abutting property owner who suffers lack of access from the vacation of the area may be entitled to compensation. TAX IMPLICATIONS FOR RECEIVING PROPERTY OWNERS: The County Assessor provided information on the tax implications for the adjacent property owners that may receive additional land. The tax implications for the properties adjacent to Lake Minnetonka appear to be greater than the implications for the properties adjacent to Lake William. The Assessor’s information is attached. MAINTENANCE: The public works director provided the following information regarding the cost of any additional fire lane maintenance: The cost to provide a walkway to the shore or top of bluff are not fully known at this time. Staff are still asking for information from contractors, but any spraying that would be needed for noxious weeds would cost approximately $300-$400 per fire lane per application due to topography and other constraints. Removal of noxious weeds may require more than one spraying. The cost to provide signage at the boundaries and one sign stating the allowed uses and hours would cost a minimum of $120 per sign, plus posts and installation. Public works staff would not recommend changes to the ditch in Fire Lane 6 to allow for additional access as the ditch is highly important for stormwater purposes. He recommends the winter access be through the beach area instead. Regarding Fire Lane 2 – Larry Brown, Public Works Director recommends removing this as a fire lane, but the easements would need to remain. Liability: The City Attorney has advised that the liability of Fire Lanes is similar to any park property, whether left as they are or if opened up to encourage greater public access. Shorewood, MN Code of Ordinances Section 611.01 Definitions 611.02 Operation generally 611.03 Manner of operation 611.04 Equipment 611.05 Application of other laws 611.06 Persons under certain age 611.07 Leaving snowmobile unattended 611.08 Chasing animals forbidden 611.09 Littering and obstructions 611.10 Violations 611.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOULEVARD. That portion of a street right -of -way not occupied by pavement. LRT RIGHT -OF -WAY. That portion of the Hennepin County Regional Rail Authority right -of -way within the City of Shorewood commencing on the east at the City of Excelsior corporate boundary and extending west to the City of Victoria corporate boundary. LRT TRAIL. That portion of the LRT right -of -way maintained for the use of the public for nonvehicular purposes. OPERATE. To ride in or on and control the operation of a snowmobile. OPERATOR. Every person who operates or is in actual physical control of a snowmobile. ORGANIZED EVENT. An event sponsored and conducted by the Park Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council - recognized civic groups or associations. OWNER. A person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof. PERSON. Includes an individual, partnership, corporation and any body of persons, whether incorporated or not, the State of Minnesota and its agencies and political subdivisions, except this definition does not include police officers or duly authorized and uninformed snow patrol personnel in the performance of their duties. PLOW RIDGE. The bank of snow remaining at the side of the road after the plow has passed. RIGHT -OF -WAY. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory use, whether developed or undeveloped, paved or unpaved. American Legal Publishing Corp. 33 Shorewood, MN Code of Ordinances SAFETY or DEADMAN THROTTLE. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. SNOWMOBILE. A self - propelled vehicle designed for travel on snow or ice or natural terrain steered by skis or runners. STREET or HIGHWAY. The entire width between boundary lines of any right -of -way or place when any part thereof is open to the use of the public, as a matter of right, for the movement of vehicular traffic. (1987 Code, § 802.01) 611.02 OPERATION GENERALLY. Subd. 1. A person may operate a snowmobile within the corporate limits of the city in only the following locations: a. Public waters as permitted by resolution of the LMCD or Shorewood City Council, but not closer than 150 feet to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline; b. On private property with the express permission of the property owner; C. On a right -of -way subject to the limitations set forth in this section; d. Such other locations and times as designated by resolution of the City Council for supervised training; e. A person operating a snowmobile in any part of the City of Shorewood except as provided herein shall be guilty of a misdemeanor. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest destination where snowmobiling is permitted by the shortest possible route and then only if travel on the adjacent street or highway right -of -way is restricted because of developed yards or physical barriers. Subd. 3. Persons may operate a snowmobile on the street side of the plow ridge and avoid obstacles by going into the street, not onto the boulevard. While traveling on streets, snowmobiles shall drive in the direction of traffic. Subd. 4. No person shall operate a snowmobile on the LRT trail or within the LRT right -of -way. Subd. 5. A snowmobile may make a direct crossing of a street or highway provided: a. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing; b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; C. The operator of the snowmobile must yield the right -of -way to all oncoming traffic; d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway; e. The crossing is made with both front and rear lights illuminated. Subd. 6. Where no special hazard exists, the following speeds shall be lawful, and any speeds in excess shall be deemed unlawful: a. 10 miles per hour on public property within the city; American Legal Publishing Corp. 34 Shorewood, MN Code of Ordinances b. 10 miles per hour when operated on any public waters within the city closer than 150 feet to the shoreline. Subd. 7. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right -of -way to any vehicles or pedestrians. Subd. 8. Notwithstanding any prohibition in this chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile impractical. Subd. 9. An operator shall bring the snowmobile to a stop and switch off the engine when flagged by a police officer or duly authorized uniformed snow patrol member. (1987 Code, § 802.02) (Ord. 358, passed 10 -25 -1999) 611.03 MANNER OF OPERATION. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the city in the following manner: Subd. 1. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs; Subd. 2. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. Maximum speed limits shall be set from time to time by Council resolution; Subd. 3. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; Subd. 4. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile; Subd. 5. When the noise level of the snowmobile exceeds 78 decibels on the A Scale at a distance of 50 feet from the snowmobile; Subd. 6. At anytime within the city between the hours of 11:00 p.m. and 7:00 a.m. on Friday and Saturday, and between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday; Subd. 7. At any time between the first of April and the thirtieth of November; Subd. 8. Abreast of another snowmobile except when overtaking and passing another snowmobile. No passing shall be allowed if a pedestrian is within 30 feet of the snowmobile; Subd. 9. On the LRT Trail. (1987 Code, § 802.03) (Ord. 358, passed 10 -25 -1999) Penalty, see § 104.01 611.04 EQUIPMENT. It is unlawful for any person to operate or for the owner to cause or knowingly permit the operation of a snowmobile any place within the limits of the city unless it is equipped with the following: Subd. 1. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Minn. Rules part 6100.5700, subp. 5 which certifies that a new American Legal Publishing Corp. 35 Shorewood, MN Code of Ordinances snowmobile complies with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J192(a) as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers, September 1970 and revised November 1973; Subd. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation; Subd. 3. A safety or deadman throttle in operating condition; Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The lighting equipment shall be illuminated at all times the vehicle is operated; Subd. 5. Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. (1987 Code, § 802.04) Penalty, see § 104.01 611.05 APPLICATION OF OTHER LAWS. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways and M. S. §§ 84.81 to 84.88 and M. S. Chapter 169, as amended, and except for those provisions relating to required equipment, are adopted by reference. (1987 Code, § 802.05) 611.06 PERSONS UNDER CERTAIN AGE. Subd. 1. It is unlawful for any person under 14 years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by a parent or guardian. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets, highway, public lands or frozen waters as permitted under this section and make a direct crossing of a street or highway only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. (1987 Code, § 802.06) Penalty, see § 104.01 611.07 LEAVING SNOWMOBILE UNATTENDED. American Legal Publishing Corp. 36 Shorewood, MN Code of Ordinances Every person leaving a snowmobile in a public place shall lock the ignition and remove the key from the snowmobile. (1987 Code, § 802.07) 611.08 CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. (1987 Code, § 802.08) Penalty, see § 104.01 611.09 LITTERING AND OBSTRUCTIONS. Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private property or throw paper, litter, rubbish or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly -owned lands or frozen waters so as to interfere with the lawful use thereof by the public. Subd. 3. All traffic control devices used for routing snowmobile traffic away from private and public property shall be located on the same private or public property and shall be in place no earlier than November 1 and shall be removed on or before April 15. (1987 Code, § 802.09) 611.10 VIOLATIONS. Any person violating the provisions of this chapter is guilty of a misdemeanor. (1987 Code, § 802.10) (Ord. 245, passed 10 -28 -1991; Ord. 280, passed 10 -11 -1993; Ord. 296, passed 1 -23 -1995; Ord. 314, passed 10 -14 -1996) Penalty, see § 104.01 American Legal Publishing Corp. 37 Section 1201.03 of the Shorewood Zoning Regulations Subd. 19. Fire lanes. a. Purpose. Recognizing that all fire lanes are to provide lake access to the public, this subdivision is established to identify, classify and regulate the use thereof based upon their historic use within the city. b. Use classifications. The use of fire lanes in Shorewood shall be restricted to one of the following classifications: (1) Class I may be used for pedestrian access to the lake, fishing from shore, launching canoes and other small boats not requiring a trailer and cross-country skiing; (2) Class II may be used for all of the activities as designated in Class I except fishing, as well as snowmobile access during the winter, parking and swimming; (3) Class III may be used only for pedestrian access to the lake, fishing, launching canoes and other small boats not requiring a trailer. In addition, a single dock may be installed subject to the following: (a) The person or group of persons installing the dock shall be Shorewood residents and apply for an annual building permit prior to installation of the dock; (b) The total length of the dock shall not exceed 25 feet; (c) The dock shall be installed by a professional installer and maintained in a safe and workmanlike manner; (d) The use of the dock shall be for the general public and shall not be limited to use by those who install it; (e) Docking of boats shall be limited to daytime hours only between sunrise and sunset; (f) The dock shall comply with all requirements of the Lake Minnetonka Conservation District. c. Designation of fire lanes. The following fire lanes shall be identified on the Official Zoning Map and shall be classified as follows: (1) Class I: 1-Enchanted Island, 2-Shady Island, 3-Grant Lorenze, 4- Third Street, 7-Ferncroft, 8-Ivy Lane, 9-Rustic Way South, 10-Rustic Way North; (2) Class II: 6-Crescent Beach; (3) Class III: 5-Eureka. d. General regulations. (1) Fire lanes shall be used only for the activities provided for in subdivision b above. No sporting activities shall be allowed which involve thrown objects such as catch, softball, baseball, frisbee, volleyball or football. (2) Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining to the use of city parks, including, but not limited to, use of intoxicating beverages. (3) Maintenance and improvements of fire lanes shall be the sole responsibility of the city. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator/Clerk or his or her agent. (4) Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes identified herein. (5) Except for snowmobiles in Class II fire lanes, motorized vehicles shall be prohibited on fire lanes. (6) Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than ten feet. Marie Darling From:Melia Liester <tmliester@mchsi.com> Sent:Monday, January 4, 2021 8:12 PM To:Marie Darling Subject:Fire Lane Study (Birch Bluff Road Fire Lane #3) Dear Members of Shorewood City Council and Planning and Park Commissioners This email is regarding the upcoming planning commission meeting on 1/12/21 and the fire lane study. I’ve attended the last two planning commission meetings where this topic has been discussed, and I will be attending on 1/12 as well, but I wanted to provide the council some context as to where I, and several other Shorewood/Birch Bluff/Grant Lorenz/Oak Ridge Circle/Noble Road residents, are on this topic. What I/we would like to convey is that the residents of Shorewood involved in this matter represent the voice of many vs. the voice of a few who are unhappy with fire lane #3. We have all had access, by snowmobile, or ATV, for as long as we all have lived here, and the majority of us have lived here over 25 years. Basically, there is one party who is asking to have this fire lane restricted to foot traffic only, as you know. Ultimately, we propose that the fire lane #3 be amended to a Class II Firelane continuing the access we’ve for over the past 25+ years. Last year, the city blocked the fire lane, while they assessed the situation. We propose a trial option for the winter of 2021; that being limited hour access to snowmobiles and ATVs and posted speed limits, similar to what Tonka Bay allows. Please see the attached photo taken at the Bay Road access near Manitou road. 1 Everyone is sensitive to the fact that there are two homes that border this fire lane, and that it is reasonable to ask for some restrictions. But to completely change what’s been allowed for several years based on the request of one resident, without considering viable options implemented in neighboring lake communities, seems unreasonable. We all live in Shorewood for various reasons, but a primary reason is the small town feel, the sense of community and access to Lake Minnetonka! We want to be able to use the “shore” and the “woods” as we’ve been accustomed to for so many years. We seek a reasonable solution that provides reasonable access to the states top recreational lakes. I appreciate the City of Shorewood and staff’s time and consideration. Tim Liester 26355 Oak Ridge Circle 2 Marie Darling From:Melia Liester <tmliester@mchsi.com> Sent:Monday, January 4, 2021 8:14 PM To:Marie Darling Subject:Photo of fire lane in Tonka Bay per email just sent Hi Marie, I couldn’t attach this photo for some reason, so here’s the fire lane photo referenced in the email we just sent. Thanks! Tim Liester 1 3