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01-15-19 Joint Meeting of Park and Planning CommissionsCITY OF SHOREWOOD JOINT PLANNING AND PARK COMMISSION WORK SESSION TUESDAY, JANUARY 15, 2019 1. 2. 3. 4. 6. ' ' 1 1': I11 AGENDA CONVENE JOINT PLANNING AND PARK COMMISSION WORK SESSION MEETING A. Roll Call Mangold Vassar Rock Barr Ashmore Gorham _ Eggenberger _ Davis _ Riedel Maddy B. Review Agenda HISTORY OF FIRE LANE USAGE PUBLIC TESTIMONY (MAX. 3 MINUTES PER SPEAKER) DISCUSS FIRE LANE USAGE, DIRECTION TO STAFF AND /OR RECOMMENDATIONS TO CITY COUNCIL ADJOURN � O o � O CD � O N ¢. CD CD ti cn CD CD CD N (D CD CD O O �-h O O c� n O Q � O � �31 CD O•t O CD t j �! a CCD L03 N O 00 �-. "TJ 10-h CCD K' C r, CD CD O. CT O CCD K On 0 CD O � C n CD CD CD n O O n r7 CD C) Ln O � � r�•F CD �.�j. � 0 CD CD� - Fv Pt CD W O O p N t CD 00 � o C n n A7 � SW CD ` CD CD n CL cD is pCD � O O vOi O' Q.. O CAD 9 d It CD r CD U�Q CD N O_ � y 5 CD� b c� d O �-s b n O O� ctq n O O- n C7 J Cn k C N � a o (� IQ 00 o CL o � O °o � O � O ti • (� O y 0 �w d • y 1 0 0 x 0 0 0 d I��I O p O 54 A� y n . O N '-•r 01 � � � �' O O O w 0 CL €L D 0 0 CD O b CD CD CD p rp It CD r CD U�Q CD N O_ � y 5 CD� b c� d O �-s b n O O� ctq n O O- n C7 J Cn k C N � a o (� IQ 00 o CL o � O °o � O � O ti • (� O y 0 �w d • y 1 0 0 x 0 0 0 d I��I Also, as part of the public input on the Comprehensive Plan Update last year, the City undertook a survey of resident priorities. As part of the open- answered questions, several residents responded that they felt the residents needed greater public access to the lakes and /or more lake - oriented facilities like kayak storage, a public boat launch, etc. What are the Fire Lanes? The fire lanes were land originally dedicated to the public to allow pumper fire trucks to access lake water to fight fires. The fire lanes are no longer needed for water access for firefighting, instead for an increasing amount of demand for public lake access. The 10 fire lanes all serve as public lake access. There are six on Lake Minnetonka and four on Lake William. Many of the fire lanes are hard to spot and are known mostly to the adjacent property owners. Two of the more well -known and well -used fire lanes are 3 (extension of Grant Lorenz) and 6 (adjacent to Crescent Beach). Over time, private improvements have begun to creep into the fire lanes, such as retaining walls and temporary winter storage of docks. Has the City ever studied them before? In 1956, the City adopted an ordinance that prohibited parking on or blocking any of the fire "alleys ". Any vehicle use on the fire lane was considered blocking and any boat tied up to the fire lane was also considered blocking. In 1977, the City adopted an ordinance that prohibited driving any vehicle on park land except designated parking area and trails. These regulations were also applied to the fire lanes. In 1985, the City adopted most of the current regulations as part of the adoption of a complete update of the zoning regulations. The fire lane regulations were studied for about two -years with extensive resident input. The discussion was spurred by complaints that residents were: 1) tying their boats near the shore, 2) parking trucks and trailers in the fire lanes, 3) constructing docks and other improvements in or near the fire lanes, 4) engaging in loud, disruptive behavior in and near the fire lanes, etc. When City staff began notifying users that vehicle access was not permitted on the fire lanes, requests for expanding /reducing public access to the lake were subsequently received. The fire lane regulations were subsequently amended in 1999 and 2011 to add or alter the general regulations. What does City Code allow? The City Code currently does not allow use of the fire lanes by any motorized vehicles, except for the fire lane directly adjacent to Crescent Beach. The City of Shorewood allows that fire lane to be used for snowmobile access in the winter and parking of vehicles near the beach. No other fire lane allows vehicle access to a lake. All park and recreational areas (including fire lanes) are not allowed to be accessed between 10:30 p.m. and 6:00 a.m. except for organized activities sponsored by the City of Shorewood. Chapter 611.03 of City Code prohibits snowmobile use anywhere between the hours of 10:00 p.m. and 7 a.m. Sunday through Thursday and between 11:00 p.m. and 7 a.m. on Friday and Saturday. Chapter 611.02 limits speeds up to 10 mph on public property. What do other cities allow? While there is no pressure to change Shorewood regulations based on what other cities' ordinances allow or don't allow, they offer insights and ideas. A quick survey of whether other cities regulations allow motor vehicles is noted below. The cities that allow any motorized vehicles, even if limited to one fire lane and /or one type of vehicle, are included in the "Allow" column. city Shorewood Allow Vehicles Prohibit Excelsior Minnetonka Beach Mound Tonka Bay Wayzata Of those cities that allow vehicles, most restrict vehicles to certain classifications of fire lanes and limit the access to certain types of vehicles. The Wayzata ordinance (attached) pertains only to snowmobiles. The City of Mound has no specific code language regulating Fire Lanes, but most of their fire lanes allow winter snowmobile access. What are the questions to be answered? Based on the direction of the discussion, staff would write up draft ordinances to be reviewed by both commissions at separate meetings. These ordinance may include: • an allowance for specific motorized vehicles • reduced hours of operation • reduced speed limits other issues as directed The commissions may also discuss other elements of fire lane management to increase visibility and use and to allow the type of access recommended (pedestrian, vehicle, etc.) • surveying the fire lanes and installing markers /informational signs • install vehicle barriers (where appropriate) • clear vegetation and any private improvements that have crept onto the public lands Chapter 1201.03 of the Shorewood City Code 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. � � � � � � � � � � / \))/ 2) 2 k � @ ) 2 I R .� \ E E U � � 4mo U � @ E ƒ ®� C o z -4K \ \ o / C/) \ .� � ° R d � R � � m 2 I � U) � .y \ E E U J � E U � @ E ƒ W C c \ o / C/) Cl) 0 F- ° R d o 2 R 0 0 0 0 0 = ± o � R R R R R 2 E ƒf J � ƒ L 2 ) § LL § L� ) U I 2 � -2)- I / 2 E U � / R � 222± a Q) 0 a o b I b a g(D of 2 a- ƒ ƒ / f � U) ? 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U ry w r F-I F-I F-I F-I 7 F—I C a \ C/) R R R R f 0 0 0 0 = 7 ƒ \ \ ƒ k p U L $ 6 $ $ _ 2 P: 7 7 A y t- \ W « 3 Q 2 in L � � � 7 � � - Shorewood, MN Code of Ordinances P11BLIC PARKS AND RECREATION AREAS Section 902.01 Purpose 902.02 General regulations and rules of conduct 902.03 Animals in park and recreation areas 902.04 Vehicle restrictions 902.05 Additional rules for use of park and recreation facilities 902.06 Use of recreational facilities by athletic associations 902.07 Discrimination in parks 902.08 Inspections for aquatic invasive species 902.09 Application of provisions to city employees 902.10 Administrative rules and regulations 902.11 Violation �Z17►�I��'ZI '7' IJ..� The purpose of this chapter is to regulate the use of and to provide uniform rules of conduct for city parks and recreational areas in the city. (1987 Code, § 902.01) 902.02 GENERAL REGULATIONS AND RULES OF CONDUCT. No person in a city park or recreation area shall: Subd. 1. Closing hours. Enter or remain in any park between the hours of 10:30 p.m. and 6:00 a.m. unless the person is participating in an organized activity authorized by the city; Subd. 2. Overnight use. Set up any tent, shack or other temporary shelter in any park, nor shall any person leave any property, including, but not limited to, vehicles, campers and trailers in any park between the hours of 10:30 p.m. and 6:00 a.m. without the written permission of the City Administrator /Clerk; Subd. 3. Tampering with city property. Deface, destroy, tamper with, injure or remove any city property, including, but not limited to furniture, structures, vegetation, signs or soils; Subd. 4. Littering. Scatter or litter the grounds or any lake, pond or watercourse within or draining into a park with any form of trash, but shall place the material in the proper receptacles where these are provided. Where receptacles are not provided, all the trash shall be carried away from the area by the person responsible for its presence; Subd. 5. Fires. Start a fire, except a small fire for cooking purposes in a designated area and then only in a fire ring, grill or portable stove or fail to fully extinguish a fire; Subd. 6. Sales. Sell or conduct any commercial enterprise unless authorized by written permit from the City Council; American Legal Publishing Corp. 28 Shorewood, MN Code of Ordinances Subd. 7. Handbills and advertisements. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars or announcements of any kind for a commercial purpose, unless authorized by written permit from the City Council; Subd. 8. Gamble; Subd. 9. Liquor. Use or bring alcoholic beverages, including beer; Subd. 10. Drugs. Use or bring illegal drugs; Subd. 11. Glass containers. Bring any glass containers; Subd. 12. Use of restrooms. If over five years of age, use any restroom or washroom designated for use by the opposite sex; Subd. 13. Weapons and fireworks. Without a state permit, bring any firearms, air rifle, BB gun, sling shot, explosives, fireworks or devices capable of discharging blank ammunition into any park; Subd. 14. Use of toys and equipment. Ride, propel or use any equipment or toy in any public park in a manner as to interfere with or endanger any pedestrian; Subd. 15. Improper conduct. Appear nude, commit any nuisance or use threatening, abusive, insulting, obscene or indecent language or act in an indecent, lascivious or improper manner or do any act which constitutes a breach of the public peace; Subd. 16. Harassment. Harass any visitor or behave in a reckless manner which would endanger any visitor's property; Subd. 17. Disobey city officials. Disobey any reasonable order or direction of any city employee, law enforcement officer or other person designated by the City Council or Park Commission to give the orders or directions. (1987 Code, § 902.02) (Ord. 140, passed 2 -14 -1983; Ord. 266, passed 1 -25 -1993) 902.03 ANIMALS IN PARK AND RECREATION AREAS. No person in a city park or recreation area shall: Subd. 1. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wildlife; Subd. 2. Bring any dog, cat or other animal unless caged or kept on a leash not more than six feet in length; Subd. 3. Permit any animal to disturb, harass or interfere with or endanger any visitor or visitor's property or tether any creature to a tree, plant, building or park equipment; Subd. 4. Permit any animal to enter unauthorized areas. Unauthorized areas are active play areas, picnic areas and park buildings; Subd. 5. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the area; Subd. 6. Ride a horse, except with prior approval from the city; Subd. 7. Permit any domestic animal to defecate in or upon public property. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner. (1987 Code, § 902.03) (Ord. 140, passed 2 -14 -1983; Ord. 334, passed 4 -27 -1998) American Legal Publishing Corp. 29 Shorewood, MN Code of Ordinances 902.04 VEHICLE RESTRICTIONS. Except police officers or duly authorized and uniformed snow patrol personnel in performance of their duties, no person in a city park or recreation area shall: Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on any turf or other area not designated for parking or travel; Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere in a park or recreation area; Subd. 3. Operate a motorized vehicle except on marked trails during times designated by the City Council and /or Park Commission; Subd. 4. Operate any watercraft within designated swimming areas; Subd. 5. Operate a motorized vehicle in excess of 15 miles per hour; Subd. 6. This section does not prohibit the operation of any manual or motorized wheelchair as defined by M.S. § 169.01, subd. 24A. (1987 Code, § 902.04) (Ord. 246, passed 10 -28 -1991; Ord. 294, passed 9 -12 -1994; Ord. 364, passed 6 -26 -2000) 902.05 ADDITIONAL RULES FOR USE OF PARK AND RECREATION FACILITIES. The following are additional rules pertaining to the use of public tennis courts, use of waters located in city parks and use of public skating rinks. Subd. 1. Public tennis courts. No person shall: a. Be allowed on any tennis courts while wearing street shoes; b. Be allowed to make use of the tennis courts except for playing tennis; C. Use a tennis court for longer than 60 minutes when other tennis players are waiting to use the tennis court. Subd. 2. Swimming in park waters. a. No person shall swim except at designated areas; b. No person shall swim beyond buoys marking the limits of the swimming area; C. No child under ten years of age shall be allowed at a designated swimming area without competent supervision; d. Any person swimming at a public beach when a lifeguard is off duty swims at his or her own risk. Subd. 3. Public skating rinks. a. Skating areas shall be posted for "hockey" or "free skating;" b. No hockey sticks or pucks shall be allowed in the "free skating" area. (1987 Code, § 902.05) (Ord. 140, passed 2 -14 -1983; Am. Ord. 164, passed 3 -11 -1985) Penalty, see § 104.01 902.06 USE OF RECREATIONAL FACILITIES BY ATHLETIC ASSOCIATIONS. Subd. 1. Purpose. The purpose of this section is to provide for an orderly method of the use of public recreational facilities in the city and to insure that the use by participants is with the American Legal Publishing Corp. 30 Shorewood, MN Code of Ordinances required safety equipment and permitting the city to recover a portion of the cost of maintenance of the facilities. Subd. 2. Authority to contract for use. The city is authorized to enter a contract providing for the exclusive use of its recreational facilities for set periods of time with athletic associations and other nonprofit groups; provided, that the use does not entirely exclude the general public from making use of the facilities. Subd. 3. Fees. The City Council is authorized to determine an appropriate fee to be charged for exclusive use, which fees shall be used solely for development and maintenance of the parks and recreational facilities of the city. All sports organizations that make exclusive use of recreational facilities in Shorewood shall pay a fee as specified in Chapter 1301 of this code to compensate for their exclusive use of these recreational facilities. Subd. 4. Insurance required. As a condition for exclusive use, the athletic association or other group shall be required to provide the city with copies of insurance policies covering medical and accident insurance for participants. Subd. 5. Conditions of contract. a. Safety equipment. It shall be the responsibility of the sponsoring athletic organizations to require participants under the age of 19 to wear proper protective equipment. b. Additional conditions. The contract shall contain the other provisions as the City Council deems necessary for the protection of the participants and the public interest. Subd. 6. Prohibited acts and conditions. a. It shall be unlawful for any person, group or athletic association to use park facilities in the city for athletic events scheduled by the association without the association having previously entered into a contract with the city for use of the park facility. b. The general public shall not be allowed to use or occupy any athletic field, rink, or area during those times the field, rink or area is scheduled for authorized use by the athletic associations. Any person who shall violate this subsection shall be deemed guilty of a misdemeanor. Subd. 7. Violation. Unless otherwise provided for herein, any person who shall violate any of the provisions of this section shall be guilty of a petty misdemeanor. (1987 Code, § 902.06) (Ord. 12, passed 10 -6 -1980; Ord. 123, passed 10 -6 -1980; Ord. 140, passed 2 -14 -1983; Ord. 310, passed 2 -12 -1996; Am. Ord. 365, passed 8 -14 -2000) Penalty, see § 104.01 902.07 DISCRIMINATION IN PARKS. No person involved in any event or in any use of the parks or recreation areas, including, but not limited to, sponsors of teams, shall deny another person access to, admission to, utilization of or benefit from any event or use because of race, age, sex, color, creed, religion or national origin. (1987 Code, § 902.07) American Legal Publishing Corp. 31 Shorewood, MN Code of Ordinances 902.08 INSPECTIONS FOR AQUATIC INVASIVE SPECIES. Subd. 1. Purpose and intent. The city finds that the uncontrolled spread of aquatic invasive species ( "AIS ") poses an imminent and irrevocable threat to the water resources, property values, enjoyment and habitability of the community. Pursuant to M.S. Chapter 841), the city has adopted mandatory inspection of AIS as a reasonable measure to contain the spread of AIS within the community. Subd. 2. Compliance mandatory inspection. The city does hereby require inspection of water - related equipment for prohibited aquatic invasive species, as defined in Minn. Rules Part 6216.0250, prior to entering public waters of the state within the corporate limits of the city. A person who fails to comply with the mandatory inspection of water- related equipment, as provided by this section adopted in compliance with M.S. § 84D.105, and introduces water - related equipment at the point of public access to public waters shall be guilty of a misdemeanor subject to the penal provisions set forth in M.S. § 609.02. (Ord. 495, passed 6 -11 -2013) 902.09 APPLICATION OF PROVISIONS TO CITY EMPLOYEES. Nothing in this chapter shall prevent city employees, including law enforcement officers, from performing their assigned duties. (1987 Code, § 902.08) 902.10 ADMINISTRATIVE RULES AND REGULATIONS. The City Council shall have the right to issue additional administrative rules and regulations relative to, but not conflicting with, this chapter. No person shall violate the rules or regulations, and any violation may be subject to the penalties of this chapter. (1987 Code, § 902.09) 902.11 VIOLATION. Any person who shall violate any provisions of this chapter shall be deemed guilty of a misdemeanor, unless otherwise specified. (1987 Code, § 902.10) (Ord. 140, passed 2 -14 -1983) Penalty, see § 104.01 American Legal Publishing Corp. 32 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 Excelsior, MN Code of Ordinances Sec. 24 -1. - Applicability of chapter provisions. Page 1 of 1 This chapter shall apply to all public grounds owned by or under the control of this city, including the fire lanes designated in this section, but shall not apply to all other streets and the municipal parking lots. Such lands are listed, but not exclusively, as follows: (1) The Commons as shown on the original plat of the city and Cooley's Resurvey. (2) Excelsior Parkland. (3) The Captain Johnson Memorial at the intersection of Lake Street, Mill Street, and Water Street. (4) The Dr. Hugh C. Arey Memorial at the intersection of Water Street and County Road 19 (Oak Street). (5) College Lake. (6) City Hall. (7) Sewer, water, and street department property. (8) Cemetery. (9) South Lake Minnetonka Police Department Building. (10) St. Albans Bay bordering on Minnetonka Boulevard. (11) End of Water Street at Lake Minnetonka and public dock. (12) Historic fire lanes as follows: a. End of Lafayette Avenue at Lake Minnetonka; b. End of George Street at Lake Minnetonka; c. End of Third Street at Lake Minnetonka; d. End of Bell Street at Lake Minnetonka; e. End of Linwood at Lake Minnetonka; f. End of First Street at Lake Minnetonka; g. End of Hidden Lane at Lake Minnetonka; h. End of Hidden Lane (by boat marina); i. End of Elm Place at Galpin Lake; j. Linden Street. (Code 1982, § 230:00) about:blank 1/10/2019 Excelsior, MN Code of Ordinances Sec. 24 -2. - Historic fire lanes. Page 1 of 1 (a) Intent. The intent of this chapter is to protect and maintain the public areas /fire lanes which provide access to area lakes for the benefit of all citizens of the city. (b) Alterations, uses, and categories of the public right -of -way. (1) No person or group may alter the terrain of any historic fire lane except for the following reasons: a. To maintain the existing ground cover (cutting the grass, weeding, etc.) b. To add new plantings to prevent erosion, after receiving an approved city permit. c. To enhance the public use, after receiving an approved city permit. (2) Storage of private property on any fire lane will be prohibited. (3) Because of their distinct character and suitability the historic fire lanes allow for pedestrian access to the lake, city boat slides, and launching of hand - carried water vessels. (4) No person shall operate a snowmobile /ATV on any historic fire lane, except as expressly allowed by section 32- 207(b). (5) The hours of operation of the historic fire lanes shall be consistent with the hours of operation for The Commons. (Code 1982, § 230:03; Ord. No. 341, § 2, 12 -17 -2001) Cross reference— Fire prevention and protection, ch. 18. about:blank 1/10/2019 Excelsior, MN Code of Ordinances Sec. 32 -207. - Operation on roadways and public lands. Page 1 of 1 (a) Snowmobiles /ATVs may be operated on roadways and public lands only as specified in this section. It is a misdemeanor to operate a snowmobile upon roadways or public lands: (1) At a rate of speed in excess of ten miles per hour. (2) Other than single file on a roadway. (3) Other than at the extreme right -hand side of a roadway. (4) On publicly owned land, including school land, park property, playgrounds, recreational areas, and fire lanes, with the exception of the following fire lanes for the purpose of going to and from the lake: a. The end of Water Street at Lake Minnetonka. b. The end of First Street at Lake Minnetonka, as designated by city- installed fencing. (b) Notwithstanding the prohibitions set forth in subsection (a) of this section to operating a snowmobile or ATV upon a roadway to the contrary, such operation is permitted but limited as follows: (1) From the owner's residence or place where the snowmobile /ATV is generally stored, in a direct route to and from a place of destination, provided such place is a place that such snowmobile /ATV operation may be lawfully operated. (2) In an emergency during the period of time when and at locations where snow (ten or more inches) upon the roadway renders travel by automobile impractical. (3) In any event only when such snowmobile or ATV is legally equipped and licensed by the state to operate as such on public roadways and highways. (Ord. No. 341, § 1(730:20, 730 :25), 12 -17 -2001) Cross reference— Streets, sidewalks, and other public places, ch. 28. about:blank 1/10/2019 Minnetonka Beach City Code Sec. 513 Snowmobiles, All- Terrain Vehicles, Go- Carts, Motorized Dirt Bikes (8) Permission to Enter Private Property. No person while operating a snowmobile or ATV shall enter upon the lands of another unless and until permission is obtained from the owner or lessee, if there be one. (9) Public Lands. No person shall operate any motorized vehicle, including but not limited to, snowmobiles, ATV's, go- carts, or motorized foot scooters on any publicly owned lands, park property, public trails, playgrounds, recreation areas and golf courses, except fire lanes for snowmobiles and ATV access to and from the frozen lake or authorized maintenance, installation of city docks, law enforcement and emergency vehicles, in which case such use shall be lawful. Parking of snowmobiles or ATV's on public fire lanes is prohibited. (10) Prohibited in Areas Dangerous to Person or Property. No person shall drive a snowmobile or ATV within one hundred (100) feet of any person fishing, any fish house, shelter, pedestrian, skating rink or sliding area, or in any other area where such operation would conflict with use or endanger other persons or property in a manner that violates Minnesota, Hennepin County, Lake Minnetonka Conservation District or city statutes, regulations and ordinances. (11) Hours of Operation. No person shall operate a snowmobile or ATV except during daylight hours, unless the vehicle has the necessary and proper equipment to be operated at night and in no event shall a snowmobile or ATV be operated before 7:00 a.m. nor after 11:00 p.m. (12) Passengers and Towing. No person shall operate a snowmobile and no person shall ride as a passenger at any time when three (3) or more persons shall be upon such snowmobile provided, however, snowmobiles shall be allowed to tow. (13) Registration. No person shall operate a snowmobile or ATV, or Neighborhood Electric Vehicle which has not been registered as required by the State of Minnesota Statutes, or without registration numbers so assigned by the Department of Natural Resources securely fixed on each side of the forward half of the snowmobile in such position as to provide clear legibility for identification' provided however this provision shall not apply to the operation of a snowmobile on the private property of an owner by the owner or a member of his immediate family or to duly authorized police officers or other officers, employees or agents of political subdivisions of the State of Minnesota while in the performance of their duties. Ord. 90 — Amended Sec. 513 — Effective 6/17/ 2013 Ord. 61- Amended Sec. 513 — Effective 11/1/08 Section 513 - Page 5 of 5 Subd. 4. A property maintenance agreement must be executed by the applicant and submitted to the City Attorney for review and approval. The agreement shall insure that the maintenance and upkeep of the structure and the lots to meet minimum City standards. The agreement must be filed with the Hennepin County Recorder's Office as a deed restriction against the title to each unit lot. Subd. 5. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. Subd. 6. Subdivision is to be platted and recorded in conformance with the requirements of Section 1030 of this Code. 1011.19 FIRE LANES. Subd. 1. All fire lanes in the City shall be located, identified and the use thereof restricted to one of the following classifications as so designated on the official Zoning Map. All fire lanes are to provide lake access to the public. a. Class I shall be used for pedestrian access to the lake, fishing from shore, launching canoes and other small boats not requiring a trailer, no sporting activities. b. Class II can be used for all the activities as designated in Class I as well as snowmobile access during the winter. C. Class III shall only be used for the following: fishing from shore, winter vehicular access to the lake by vehicles not exceeding 10,000 pounds in weight, launching and retrieving of watercraft not exceeding twenty -seven feet (27') in length or exceeding ten thousand pounds (10,000) in weight. For purposes of this subdivision, length shall mean the horizontal measurement from the foremost to the aftermost points of the watercraft, including all equipment and attachments in their normal operation positions. (Amended August 8, 2013) d. Class IV 12 -Hill (inaccessible) * These fire lanes shall be allowed to have winter vehicular traffic access to the lake as limited in Section 1011. 20, Subd. 1(c). (Amended August 8, 20 t3) Subd. 2. The following fire lanes shall be classified as follows: a. Class 1.1- Crescent, 11- Pearl, 14 -North Channel, 15 -South Channel, 17- North Manitou, 2 -Lake Place, 4 -West Point, 6 -North Sunrise, 7 -South Sunrise, 9- Aspen, 10- Hazel, 16- Woodlawn, 19- Apgar, 20 -North Brentwood, 21 -South Brentwood. b. Class 11. 3- Interlachen, 8 -South Waseca, 13- Woodpecker *, 18 -Bay *. C. Class III. 5 -North Waseca. `[171iCR, d. Class IV. 12 -Hill (inaccessible) ® These fire lanes shall be allowed to have winter motor vehicular traffic access to the lake. Subd. 3. Unless permitted by the Zoning Administrator, no parking, private landscaping, or placement, erection, or encroachment of any structure shall be allowed in fire lanes. 1011.20 ALTERNATIVE ENERGY SYSTEMS Subd. 1. Wind Energy Conversion Systems (WECS). WECS are not permitted in the City of Tonka Bay. The City of Tonka Bay studied the use of WECS in 2017 and although the City is supportive of alternative energy systems, the City did not find WECS to be a viable use within the City of Tonka Bay at this time. Subd. 2. Solar Energy Systems (SES) a. Purpose. Regulations governing solar energy systems are established to provide for appropriate locations for solar energy systems, to ensure compatibility with surrounding uses, and to promote safe and effective use of solar energy to increase opportunities for generation of renewable energy. The City of Tonka Bay finds that it is in the public interest to encourage the use and development of renewable energy systems that enhance energy conservation efforts, but result in limited adverse impacts on nearby properties. As such, the City supports the use of solar energy systems. b. Permitted Uses and Specific Standards 1. In general. Solar energy systems shall be permitted in those zoning districts where permitted as an accessory use, subject to the standards of this article. Solar collector surfaces and all mounting devices shall comply with the minimum yard setback requirements of the zoning district in which they are located. Screening of solar collector surfaces shall not be required. 2. Building- mounted solar energy systems. a) Zoning district standards. I. Residential zoning districts. Notwithstanding the height limitations of the zoning district, building mounted solar energy systems shall not extend higher than three (3) feet above the ridge level of a roof on a principal structure with a gable, hip, or gambrel roof and shall not extend higher than ten (10) feet above the surface of a flat roof. Solar energy systems are permitted on accessory structures, only if they are flush mounted and shall be no higher than twelve (12) inches above the roof. Solar panels on principal structures shall be mounted to align with the slope of the roof and shall not deviate more than ten (10) percent from the roof angle of a gable, hip, or gambrel roof. Wayzata, MN Code of Ordinances 706.02 - Restrictions on Operation. Page 1 of 1 It shall be a violation of this Chapter for any person to operate a snowmobile under the following circumstances: A. In a manner so as to create loud, unnecessary or unusual noise which disturbs or interferes with the peace and quiet of other persons. B. In a careless, reckless or negligent manner, so as to endanger or be likely to endanger the safety of any person or the property of any other person. C. Between the hours of 11:00 p.m. and 7:00 a.m. on any day of the week. D. If the operator is less than 14 years of age, while operating on public streets or property. E. On the private property of another person without that person's specific consent. F. Without a red flag or pennant at least one square foot in size mounted on an antenna at least five feet in height, if operated upon a public street. G. While under the influence of intoxicating liquor, narcotics or drugs. H. On any public property, other than public streets, unless specifically posted. about:blank 1/10/2019 T r v N S v Q N_ �7 Q m m cn X 1+ v (D Q N_ O O � v O Q —h '1 oft' t hill • a► . v T r-F -h (D S (D r v (D rD r+ rD (D I� Ln m O• � O S —h fl' m rD � Q S =5 N (D Q sz O r-r S O r+ O Ln O h r-r S N 0 rD v (D Ln V) S O 1 (D O O 0- 77 T O -%, w rD Q r v r-r � W O -' W r7 . . =7- m co x c rD Ln O O O Di Q O v O r+ r O 1 rD O N rte+ (D O rD yL. ; Ij Ql � y O O rD MX e rD a) O _ O O Q 00 77, rD p" s f 1 T r v (D 00 00 rD r-r (D rD -P 00 m In T f'1 O M. C rD a) Q N F� O O r v rD .p T 00 �. I-� CD (n r T CD N n V r W D �• rD N j W O Cn w Q I (D r- rD N 0 (D r+ :E rD rD m x r+ (D 0 O h c cr rD r+ :E CD 00 0 0 0) =5 CL 00 O Ln Ln SL co m 0 (D r- LD rD fD co NJ co Marie Darling From: Susan Anacker <anackerjohnson @gmail.com> Sent: Monday, January 7, 2019 10:01 AM To: Planning Subject: Comments on Fire Lanes Thanks for addressing the question of fire lanes! I use the fire lane at the end of Grant Lorenz Road. It must be Fire Lane 3. Also FL 6 next to Cresant Beach. I use the fire lane for access to walk, bike, swim, kayak, canoe, ice skate. I'd like to continue to do this. It is part of what makes Shorewood such a great place to live! I don't snowmobile but I believe this is a good use of fire lanes. I was concerned when a new owner took control of the property bordering the firelane. Signs were posted about limiting access for snowmobiles. I was confused as these didn't appear to be City signs but private. (were they? Does the city permit snowmobiles? ) This new neighbor also has much vegetation right on the trail .. I worry his arborvitae will block the trail. It would also help if fire lanes were marked, so we know that it is OK to access the lake at these points. Some are obvious some are not. Thanks for the help! Susan Anacker 26915 Noble Rd 10 January 2019 To: City of Shorewood From: Mark Bongard 26260 Birch Bluff Road Re: Fire Lane Access — Birch Bluff /Grant Lorenz To Whom It May Concern: I am the homeowner directly adjacent to the west of the Birch Bluff and Grant Lorenz Fire Lane. We are a fairly new resident, building the home and moving into that location in August 1017. Prior to acquiring the property, we spoke with the previous homeowner, the real estate agent and the City of Shorewood in person to learn and discuss the Fire Lane. It was expressed to me that it is a non - motorized access point for the public for members of the community to access Lake Minnetonka for Canoeing, paddle boarding, swimming, shore fishing and the like. It was said by all the parties we spoke with that it is quite a quiet and low usage location. And if we experience any abuse by motorized vehicles, we can contact the city or local police and they would work to eliminate the problems. So, we went forward with the purchase of the property in 2015. It took two years to design and build the current residence. During that time, we had seen and experienced many signs that people were driving motorized vehicles down the fire lane both winter and summer. We chalked it up to the fact no one was living on the property during the construction phase and we made no mind of the activity and made no complaints assuming upon our occupancy, people would take heed and discontinue their inappropriate usage. After moving into the home, to our dismay, the activity did not stop. Since it was late summer and the activity really only occurred during the day, we let it go. Once winter began and the ice was safe, we had a huge increase in usage by motor vehicles: Snowmobiles, ATVs, trucks, jeeps, trailered fish houses and motor cycles with spiked tires. Here in lies the difficulty for us, the usage happens all hours of the day and night. Engines revving, lights flashing into our home. As the winter progressed, the access became rutted and heaved from ice shifts and users would have to use more power to get over the humps or out of the ruts. Our home layout is such that our bedrooms are all on the western end of the property nearest the fire lane. The noise and lights become very loud and bright while you try to sleep. We are awakened several times a night and several nights a week. It has become very annoying and difficult to get restful sleep along with the frustration that individuals know they are using the fire lane inappropriately and without concern as to the impact on our lives. I realize this is a democratic process and all sides must get their time and chance to express their wants and wishes for the use of public property, but in consideration, you should be concerned for those most negatively affected by these types of decisions. For our family, shifting the use from a pedestrian usage to a limited use motorized access point is and will be a hardship for us. Not only will it continue to negatively impact our enjoyment of the lake, but also our health and well- being. Not to mention, it may also have consequence to us on an economic level, should this lane shift to allowing motorized usage, it will likely have repercussions to us in the future marketability and de- valuation of the sale of our property. As for us doing our Due Diligence prior to purchasing, we certainly would not have bought or built a home on this site, and at the very least, we would not have designed the home with sleeping quarters nearest the access knowing what we now have experienced. Thank you for your time and service effort into this matter. Mark Bongard