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093096 CC WS Min '" . . . ,,' CITY OF SHOREWOOD WORK SESSION SEPTEMBER 30, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB DRIVE 7:30 P.M. MINUTES 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 7:28 p.m. A. Roll Call Present: Mayor Bean; Councilmembers McCarty, Shaw, and Stover; City Attorney Tim Keane; City Administrator Hurm; Shorewood Officer Keller; Snowmobile Task Force Co-Chair Kolstad (arrived at 8:00 p.m.); Intern Jason Hendrickson. Absent: Councilmember Benson B. Review Agenda There were no changes to the agenda as noticed. 2. DISCUSSION OF THE PROPOSED SNOWMOBILE ORDINANCE City Attorney Keane prefaced the discussion noting format and style changes had been made to the ordinance. He stated ordinance 802.02 had been retitled from "Operation on Streets and Highways" to "Operation Generally" to reflect more clearly where snowmobiles can be operated in Shorewood. With respect to Ordinance 802.01, Officer Keller felt Subd. 14 which relates to the hiking and biking trail was redundant and could be included in another area. Attorney Keane felt it could be deleted. Attorney Keane pointed out the defInitions of the terms "boulevard" and "right-of-way" had been changed to make them consistent with the code. Mayor Bean asked if the full right-of-way width should be defIned in the event a side trail would be used. Attorney Keane clarifIed the LRT right-of-way, which is the full width of the Hennepin County Regional Rail right-of-way, and then a subset of that is the LRT trail which will be defmed as that 12-foot maintained portion. Councilmember Stover did not want to confuse the issue with the potential of some future action. City Attorney Keane felt it was sufficiently defIned and noted it is clearly defIned on all of the legal section maps as the HCRRA right-of-way. Mayor Bean asked if Officer Keller would have any problems with the defInition of plow ridge and if this would create any enforcement difficulties. Officer Keller felt the defInition was sufficient, noting however there could be some problem with defming a melting plow ridge. . . . CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE 2 Officer Keller pointed out in Section 802.03 it states that no person shall operate a snowmobile in the roadway. He felt street and highway would cover the entire roadway and that roadway was a more specifIc term to use. Attorney Keane felt Section 802.01 Subd. 13 should read,"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 purpose of vehicular traffIc." 802.02 OPERATION GENERALLY Mayor Bean inquired with respect to public waters over which Shorewood would have jurisdiction. Councilmember Shaw suggested adding the approval of the LMCD as well as the City of Shorewood. Subd. 1, Section (b) was amended to read as follows: b. Public waters as permitted by resolution of the LMCD or the Shorewood City Council, but not closer than one hundred fIfty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline. Councilmember Shaw suggested dividing Subd. 1, Section (d) into two sections. Subd.1, Section (d) was amended to read as follows: d. On Right-of-Way subject to the limitations set forth in this section. e. A person operating a snowmobile in any part of the City of Shorewood except as provided herein shall be guilty of a misdemeanor. With respect to Subd. 2, OffIcer Keller did not feel this provision would be realistic, noting it would not be legal to drive a snowmobile to the gas station. Attorney Keane clarifIed the snowmobiler must be coming or going from a permitted snowmobile use area. Snowmobile Task Force Co-chair Kolstad noted it was not the intention of the Task Force to change the original ordinance which did not allow for riding freely on the streets. Councilmember Stover did not feel unenforceable provisions should be contained in the ordinance. Attorney Keane did not feel this provision would be unenforceable. He noted a snowmobiler must access the lake by the shortest possible route. Officer Keller felt a number of complaints would arise with respect to hampering the station owner's business if he is directed to ticket people getting gas at one of the service stations. Councilmember Shaw pointed out the gas station could be considered enroute, depending on where the snowmobiler is coming from. Mayor Bean stated he would be inclined to drop this section until cruising becomes a problem at which time a cruising provision could be added. Officer Keller asked to be allowed to use discretion in enforcement of the ordinance. Councilmember Stover was in agreement to leave this section out of the ordinance. Councilmember Shaw felt it would be imp'ortant to have a cruising clause ready to implement. Councilmember McCarty preferred to leave this provision in the . . . CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE :3 ordinance, using officer discretion. Councilmember Stover was in agreement to leave it in with the understanding the police officer would have discretion with respect to enforcement. With respect to Subd. 3, Section (c) Mayor Bean suggested the provision provide for "both pedestrian and vehicular traffic." City Attorney Keane pointed out this section is verbatim from the state statute. In considering Subd. 3, Section (e) Councilmember Shaw inquired if snowmobilers are required to have their lights on at all times. Officer Keller noted all snowmobiles must be equipped with lights, however, the lights only have to be on a half hour before sunset to a half hour before sunrise. Councilmember Shaw pointed out the ordinance does not point out they have to be operated, only equipped with lights. Attorney Keane pointed out a snowmobile cannot cross streets or highways at any time of the day or night without the lights being illuminated. Section (e) was amended as follows: e. The crossing is made with both front and rear lights illuminated. In reviewing Subd. 5, an issue arose with the pedestrian being required to move to the right. Kolstad pointed out this was a compromise which was made by the Snowmobile Task Force. Councilmember Stover commented one goal is to educate people and the trail is used by pedestrians all year. She stated there is no known goal to educate pedestrians to move to the right. Mayor Bean suggested an indication that pedestrians cannot intentionally attempt to impede the path of the snowmobile. Councilmember Stover suggested deleting the reference to the pedestrian being required to move to the right to allow the snowmobile to pass. Attorney Keane asked if it would be the intent of the Council to limit the speed of snowmobiles on the lakes to 10 miles per hour. Subd. 5 was amended as follows: a. No snowmobile shall be operated on any street or highway or closer than 150 feet of shoreline of public waters within the City at a speed exceeding ten (10) miles per hour. b. No snowmobile shall be operated on the LRT Trail at a speed exceeding twenty (20) miles per hour unless the snowmobile is within thirty (30) feet of a pedestrian at which time the operator shall be required to slow down to ten (10) miles per hour. Officer Keller explained it is department policy to stay off the lakes for safety reasons and enforcement then becomes an issue for the DNR. In considering Subd. 9, Councilmember Stover suggested deleting the language "or for the purpose oftuming around." She felt this could be left to the officer's discretion. A suggestion was made by Snowmobile Task Force Member Arnst to change the language, "leaving the trail," to "exiting the trail." Subd. 9 was amended to read as follows: Subd.9 No person shall operate a snowmobile on the shoulder of the LRT Trail or in the ditch or embankment, except for the purpose of entering or exiting the trail. CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE 4 . When considering Subd. 10, Snowmobile Task Force Member Arnst pointed out the Snow Patrol does not believe they have the authority to stop snowmobilers. Councilmember Stover stated she did not feel the Snow Patrol has that authority. Mayor Bean asked if the stopping of snowmobilers should be limited to the police officer only. Councilmember McCarty felt the Snow Patrol should be out there speaking to snowmobilers and keeping them informed. No amendments were made to this subdivision. 802.03 MANNER OF OPERATION With respect to Subd. 4, Officer Keller suggested deleting "on a public street or highway" since a rigid tow bar should be used anywhere and not limited to use on streets or highways. Subd. 4 was amended as follows: 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. . In considering Subd. 5, Attorney Keane noted the A Scale is a scale of measuring noise which is accepted in Minnesota Statute and Minnesota Rules of the Pollution Control Agency. Councilmember Stover wanted to know if the industry had made any improvements in this regard since one of the major objections is the noise produced by snowmobiles. Kolstad stated the 78 decibels was in the state statute, however, most snowmobiles do not exceed that level. No changes were made to this subdivision. With regard to Subd. 8, Councilmember Shaw noted this should also apply on streets or roadways and suggested deleting the language, "on the LRT TraiL" Therefore, Subd. 8 was amended to read as follows: Subd.8 Abreast of another snowmobile except when overtaking and passing another snowmobile. No passing shall be allowed if a pedestrian is within thirty feet (30') of the snowmobile. In considering Subd. 9, Councilmember Shaw asked the prOVISIOn clearly state where the property owner may travel with respect to the LRT. Subd. 9 was amended as follows: Subd.9 At any location outside of the LRT Trail within the LRT Right-of-Way, unless the Operator's property abuts to the LRT Right-of-Way and travels in a perpendicular line from the property owner's property line to the LRT trail. 802.04 EQUIPMENT With respect to Subd. 4, Kolstad felt this prOVISIOn should appear earlier in the ordinance. Officer Keller noted when the officers refer to equipment violations, they generally look under the "Equipment" provision of the ordinance. . . . CITY COUNCIL WORK STUDY SESSION SEPTEMBER 30, 1996 - PAGE 5 Change the last sentence of Subd. 4 to read, "The lighting equipment will be illuminated at all times when the vehicle is operated." Any reference to hours of operation was deleted. 802.05 APPLICATION OF OTHER LAWS 802.06 PERSONS UNDER CERTAIN AGE Kolstad commented this is inconsistent with state statute, however, Hurm pointed out as long as it is more restrictive, it can be included in the ordinance. 802.07 LEAVING SNOWMOBILE UNATTENDED Councilmember Shaw felt more appropriate wording could be used. Attorney Keane suggested changing the language as follows: "Every person leaving a snowmobile in a public place shall lock the ignition and remove the key from the snowmobile." 802.08 CHASING ANIMALS FORBIDDEN 802.09 LITTERING AND OBSTRUCTIONS 802.10 ENTRANCE TO LAKE MINNETONKA Councilmember Stover asked this provision be removed because she did not feel access points needed to be identified in the ordinance. Hurm pointed out this matter was to be referred to the Planning Commission for their consideration and recommendation. He felt it would be more appropriate to wait for input from the Planning Commission. Mayor Bean suggested the Council come back to this issue with provisions with respect to public access to all of the lakes. Section 802.10 was stricken. 802.11 VIOLATIONS No changes were made to this section, however, since 802.10 was stricken, this section now becomes 802.10. Mr. Woody Love was present in the audience and asked for an opportunity for public input. He inquired, as a homeowner, what was going to be different this year than any other year. Mayor Bean stated this is a Work Study Session and the Council would not be in a position to give that guidance this evening. 4. ADJOURNMENT Shaw moved, Stover seconded to adjourn the Work Session Meeting at 9:36 p.m. Motion . passed 4/0.