INFORMATION #1 07-05-2005
Information
MEMORANDUM
FROM:
Mayor and City Council
Michele MCPherso~ctor of Planning
TO:
DATE:
July 5, 2005
SUBJECT:
Request by John Tokar regarding ATV Use - Windsor Park 1st
Addition
Attachments
. Plat of \\lindsor Park 1 st Addition
. ATVMap
Iv1r. John Tokar attended tlle June 6, 2005 City Council meeting and requested dlat the City
make more stringent the A TV lules in order to prohibit members of his association from
riding widlln the common open space located to the rear of his property. Mr. Tokar's lot
and the area in question are indicated on the attached plat map of Windsor Park 1st Addition.
TIle current A TV lules are as follo\vs:
Sec. 74-157. Operation within the city limits, A TVs.
F or defining '\vhere all terrain vehicles (A TV s) are permitted to operate, the city has been
divided into two parts:
(1) No ATV zone
(2) A TV zone
The city council, may, froln time to time, adopt an official map defining the boundaries of
the no A TV zone.
(1) No ATV zone:
The operation of an AnT \vithin the No ATV Zone is permitted:
a. On designated A TV trails accessed from established trailheads.
b. On property that you own or \vhich you have permission on your person to ride. On
property you o\vn, you may not operate an A TV in a repetitive, continuous manner.
c. In the winter, on Lake Orono not closer than 100 feet from the shoreline, skating
rinks, fish houses and pedestrians.
d. For agricultural or utility use as per state statute and after issuance of a city permit.
Information Memo to City Council
A TV Use, Windsor Park Homeowner's Association
July 5,2005
Page 2
(2) A TV zone:
The operation of an A TV within the A TV zone is pennitted:
a. On designated A TV trails access from established trailheads.
b. On property you own or which you have pennission on your person to ride.
c. On a private track in compliance with the follo\ving standards:
1. Located a minimum of 1,000 feet from any residence, except tllat of the o\vner
2. Located a minimum of 1,000 feet from a li,restock shelter and/or arena, except that
of the o\vner
3. Must be setback 50 feet from any property line
e. For agricultural or utility use as per state statute and after issuance of a city pennit.
e. In the ditch or outside slope of County Roads 1, 13, 21, 32, and 33 if they can be
accessed directly from your property.
Anywhere within the corporate limits of the city, ATVs shall not be operated:
(1) On public lands, including but not limited to: public parks, playgrounds, trails,
sidewalks, paths, open spaces, scenic and historic sites, schools, golf courses, and other
public buildings and structures.
(2) On city streets and their related rights-of-way area per state statute.
(3) \Vithin 100 feet of any fisherman, fish house, shelter, pedestrian, skating rink, sliding
area or in any other area where such operation would conflict with the use or endanger other
persons or property.
(4) At any place, while under the influence of intoxicating liquor, narcotics or habit-
fonning mugs.
(5) At a rate of speed greater than reasonable or proper under all the surrounding
circumstances.
(6) At any place in a careless, reckless or negligent manner so as to endanger the person
or property of another or to cause injmy or damage thereto.
(Ord. No. 02-13, ~ 1(1104.09), 11-12-2002)
\'\1indsor Park is located in tile A n' Zone, regulated by Section (2) abo\le. After conversing
with City Attorney Peter Beck, we have determined that this is essentially a property dispute
amongst the members of the homeowner's association and that the City does not prohibit
the use of ATV's on this private property, other than the ordinance as it is currendy written.
More restrictive prohibitions would apply to all private property within dle City, not just the
open space in dlls development. Assuming that the members of the association are not
riding repetitively and do not access the property by driving on the City street, it would be
acceptable for them to cross the open space to access the trail along County Road 1. They
cannot, however, ride within Windsor Park itself which is a City park. However, the open
space is held in common by members of the association and has not been deeded to the
public and therefore is beyond additional City regulation.
In the future, it may be appropriate for homeowner's associations to address this issue as
part of the homeo\vner's association documents.
cc: J oh.n T akar
21185 Joplin Street N\\!
Elk Ri,Ter rvIN 55330
S:\PLr\i'\JNING\J\Iichele J\lcPherson\J\lElv[OS\07 05 05 CC info memo.doc
WINDSOR PARK
City Of Elk River
Sherburne County, MN
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