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138 <br />Council Meeting <br />Nove,ber 28, 1983 <br />Mr. Hawkins said the current ordinance says that both on -sale and <br />off -sale must be closed. Mr. Hawkins felt that if this is not the <br />intent of the Council then the Ordinance should be changed. <br />Mayor Benson felt the language was unclear and this should be clarified. <br />Mrs. Elsenpeter pointed out that the only reason for the new law was <br />due to the change in the State law which gives the local communities <br />the option of having the establishments open or closed. The Ordinance <br />is exactly the same as the State law with the exception of the <br />words 'or local' has been inserted. <br />Mr. Marier moved to instruct Mr. Hawkins to prepare a revised version of thi <br />ordinance in a form that can be understood. Seconded by Mr. Kulaszewicz. <br />After some discussion, Mr. Marier withdrew his motion. Mr. Kulaszewicz <br />withdrew his second. <br />Mr. Kulaszewicz moved to have the minutes researched for the intent of <br />the Council at the time the ordinance was approved. Seconded by Mrs. <br />Elsenpeter. Motion carried unanimously. <br />Both Mr. Ross and Mrs. Apitz presented the Council with a statement of <br />their estimated losses for having been closed that day. <br />Mr. Cody asked to speak and felt that it was increadible that the City <br />Attorney does not have a current copy of the Ordiannce. Mr. Cody was <br />informed that the Attorney does have a copy of all the new Ordinances. <br />Mr. Cody then made his comments on Mrs. Elsenpeter's letter to the <br />Editor that was printed in the last issue of the papers. His comments <br />were directed in support of the actions taken by this Council and <br />contradicting some of the statement of the letter. <br />Mr. Roger Oman of the Sno- Goers, appeared to discuss the use of Sunrise <br />Park along two sides for a groomed trail. There was discussion of the <br />ordinance that prohibits 'motorized vehicles' within the City Parks, <br />the need to be named on the liability insurance. Mr. Schumacher felt <br />the City ordinance would have to be amended. <br />Mr. Hawkins said the ordinance allows vehicles in a 'designated area' <br />so the Ordinance does not need to be amended. <br />Mr.Reinert felt this might be a way to have some control over where the <br />snowmobiles run. He felt this might be more desirable than not having <br />any control. <br />The width of thestrip that would be groomed was discussed and it was <br />pointed out that the groomer is 72 feet wide and the Association asks <br />for 12 feet which gives them some margin for error. The trail is signed <br />and posted. The signs are provided by the DNR and the work is done by <br />the Rice Creek Trail Association. <br />Mr. Marier moved that the trail be drawn on a map, submit to Mr. <br />Volk, the Council will wait for Mr. Volk's recommendation. <br />1 <br />1 <br />Mr. Hawkins suggested that the City's insurance carrier be contacted in <br />this matter. He- felt that persons other than members of the snowmobile <br />association will be using this trail and if there is any liability on the <br />part of the City for those persons. <br />