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9.1 SR 11-15-2021Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session November 15, 2021 Cal Portner, City Administrator Item Description Reviewed by ATV Ordinance Reviewed by Action Requested Discuss and provide direction regarding the city ATV ordinance Background/Discussion Resident Brian Fritch has requested the City Council review and reconsider the city ordinance prohibiting the operation of ATVs on city streets. In December of 2017, the City Council reviewed the ordinance with regard to the use of golf carts on city streets. In October and November of 2002, the Council discussed the use of snowmobiles on city streets. Mr. Fritch was invited to the meeting to explain his request. Financial Impact N/A Mission/Policy/Goal The Elk River Mission Attachments ■ Brian Fritch Email ■ City Ordinance Sec. 74 157 - Operation within the city limits ATV ■ December 4, 2017, Staff Report ■ December 4, 2017, Regular Meeting Minutes ■ November 12, 2002, Regular Meeting Minutes ■ October 26, 2002, Regular Meeting Minutes The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 Send Tina Allard an Email TO: Tina Allard First Name Brian Last Name Fritch Reply Email Address brianfritch()cimail.com Subject Utv Comments I would like to add legalization of UTV on elk river city streets to the future agenda at a council meeting. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. Sec. 74-157. Operation within the city limits, ATVs. For defining where all terrain vehicles (ATVs) are permitted to operate, the city has been divided into two parts: (1) No ATV zone (2) ATV zone The city council, may, from time to time, adopt an official map defining the boundaries of the no ATV zone. (1) No ATV zone: The operation of an ATV within the No ATV Zone is permitted: a. On designated ATV trails accessed from established trailheads. b. On property that you own or which you have permission on your person to ride. On property you own, you may not operate an ATV 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. (2) ATV zone: The operation of an ATV within the ATV zone is permitted: a. On designated ATV trails access from established trailheads. b. On property you own or which you have permission on your person to ride. C. On a private track in compliance with the following standards: 1. Located a minimum of 1,000 feet from any residence, except that of the owner 2. Located a minimum of 1,000 feet from a livestock shelter and/or arena, except that of the owner 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 permit. 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) Within 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-forming drugs. (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 injury or damage thereto. (Ord. No. 02-13, § 1(1104.09), 11-12-2002) (Supp. No. 53) Created: 2021-07-20 13:25:34 [EST] Page 1 of 1 Request for Action To Item Number Mayor and City Council 10.1 Agenda Section Meeting Date Prepared by Work Session December 4, 2017 Ron Nierenhausen, Chief of Police Item Description Reviewed by Should Golf Carts be Allowed and Regulated by Cal Portner, City Administrator Reviewed by Permit Action Requested Discuss Council's opinion on whether golf carts should be permitted for use within the city. Background/Discussion See attached email. Financial Impact Unknown Attachments ■ Email from resident, John Anderson The Elk River Vision A PehoMing community �a itb revolutionary and spirited resourcefulness, exceptional P 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAMIRE1 From: <noreplygcivicplus.com> Date: October 24, 2017 at 9:39:21 PM CDT To: <Jerry.Olsen o,ElkRiverMN.gov> Subject: Online Form Submittal: Send Jerry Olsen an Email Reply -To: Send Jerry Olsen an Email TO: Jerry Olsen First Name John Last Name Anderson Reply Email Address Subject Utility Vehicles / Golf Cart - Ordnance Comments Good evening Jerry, We have recently moved to Elk River and first of all, love the area. We need some clarification on ordinance in Elk River. We had come from Maple Lake previously and have a golf cart to transport our 3 children back and forth from the park. Purchasing our home now in Elk River, part of deciding on this location was a park located the same distance from home, using the cart to get back & forth. Our daughters are 3 & 6, so very far for them to walk. Everything had been going well, until talking to a neighbor and they stated that golf carts are not allowed in the City. No one at the City was sure of the answer, however the police department stated Article VI in the City Code. Reading the code, it does not state anything about golf carts, or is it clear on the operation. I did see lic. available for snowmobiles, however nothing else. We see UTV, ATVs, & Mowers on the street regularity. If there is an ordinance banning them, how do we petition to change?Thank you. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. City Council Nfinutes Page 8 December 4, 2017 MetilqAe Preservalion (,ommisw'on M No update Libray Next ineeting, January 23. Great River Regional Library and library board members are excited about the increase in hours PlanninA, * Next meeting, December 19 ® Two appeals from Board of Adjustments will come before Council. 1�lk Rh)er Munie7pal I Ifilifies ® 2018 budget discussions W "Tentative increases in electric and water bills E ]"Xpansion to shop discussed with architects * Wage conlillittee presentation to come forward on December 12 * Water tower report, plan funded by utilities to try and obtain a grant to pay for the tower -`Irma Tls, Jrrrre ® Meetings are everMonday * Construction manager presented some alternatives to renovate while being cognizant of high school sports/ parking C� ® More details to Council on Dec. 18 with further direction needed Council was contacted by a student asking about having an Elk River celebration day. They directed staff to look in to the possibility of hosting an event in May or ,June and to research what other cities do for celebrations and funding. Council recessed at 8:09 p.m. in order to go into work session. Council reconvened at 8:15 p-rn- Chief Nierenhausen stated most cities don't allow golf carts on city streets with the exception of Andover and Ramsey via a perratting process. Ile expressed his concerns regulati-tig them such as conditions, insurance, monitoring, obstructed pathways, and drinking and driving. He noted in.Andover an applicant must prove a physical disability before getting a permit. p a 92 f R f 1 07 NATUREI City Council Minutes Page 9 Dcccinber 4, 2017 Council expressed concerns on how tea regulate golf carts, age restrictions., going to the bars, crossing major s1 9 mxrhigh%vaydrivin dntown during inajor events, car accidents, seatbelts, and general safety, john Anderson, resident, stated it was never an issue in his former community. lie said state law doesn't allow them unless the city allows them. Attorney Beck stated if there isn't a city ordinance allowing it, then it's not allowed. lie stated Council discussed this matter at length over 25 years ago and had inany concerns and issues with allo-wing the carts so they did not pursue it. A majority of Council stated they were not interested in establishing an ordinance to allow golf carts, Marty Brady, Lions Club president, questioned the city's plans with Lionjohn Wei,cht- Park and Lions Park Center. He stated In 1983 there was an understandijag an-iong all parties that Lion john Weicht Park be developed as a cornrnunity, park, without organized sport league activities. He stated in '1995 the city approached the Lions about adding soccer fields, the Lions did not agree, and the fields were not constructed. He noted the Lions assisted with funding many items in the park. He stated the Lions raised about $240,000 over four years to build Lions Park ('enter and donate it to the city along with hundreds to thousands of hours to help construct it. H e expressed concerns with the city not working with the Lions for the betterment of the park. Fle stated the Lions are against tearing down Lions Park Center and having sports fields in the park. He expressed concerns with 1-nore field creep in the future. Scott-Trenholin, referred to the mutes Indicating, no january 30, 1995, CounciI] m organized sports would be allowed in the park and he questioned if the current Council would want to honor those rin'nutes. Wilh, Weicht thanked Mayor Dietz and Councilmember Oval] for their tiine talking on tiiis matter. 'Julie Grenholm, concurred with Mr. Brady's statements and wants to keep the park for people and not organized sports activities. Attorney Beck stated this is not a legal Issue but a policy matter to the Council. fie stated he reviewed all the documents provided on the matter and sees no legal restrictions binding the Council. I le further stated for a city to be bound be an agreement, it triust be done by the formality, of the law, which means it must be acted on by the whole Council and executed by the Mayor and city clerk. His further stated, in his opinion, the City- Council is free to address this as a policy matter and take the action they feel appropriate for the park at this time. UP 0 V [ a [ I I V ATURIF" NM MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, NOVEMBER 12, 2002 Members Present: Mayor Khrizing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, Finance Director Lori]ohnson, Chief of Police Tom Zerwas, Assistant Police Chief Beahen, Street/Park Superintendent Phil Hals and City Clerk Sandra Peine 1. Call Meeting To d r, � Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:25 p.m. by Mayor Klinzing. 5.5. Consider Amendments to City Code Chapter 1104 Snowmobiles and ATVs) Director of Planning Michele McPherson indicated that after the October 219C Council discussion pertaining to the use of snowmobiles and ATVs, staff has made some revisions to the proposed regulations. Michele reviewed the recommended ATV "No Riding" area and the revisions to the proposed snowmobile regulations. Michele suggested that a local access sticker be issued to local snowmobilers to assist the police department in enforcement. City Council Minutes November 12, 2002 Page 3 The Council discussed the maps (showing trail locations and "no snowmobile" areas) labeled Option 2 and Option 3, with Option 3 being the most recent proposal. Councilmember Tveite indicated that he prefers Option 2 because he does not agree that snowmobiles and cars are a good mix on roads. Councilmember Dietz indicated he prefers Option 3 as long as the snowmobile club. assists with enforcement. Councilmember Motin indicated that he prefers Option 3. Mayor Klinzing indicated that Option 2 was too, restrictive and Option 3 was too lenient. She indicated she would like to see the two options combined Councilmember Kuester indicated that she preferred Option 3 and further indicated that she would like to see the local access sticker idea implemented to assist in enforcement and awareness. Councilmember Dietz indicated that he also likes the idea of the sticker and suggested that the City pay for the sticker the first year. He indicated that he would also like to see a copy of the snowmobile map and regulations go to each person receiving a sticker. COUNCILMEMBER DIETZ MOVED TO APPROVE SNOWMOBILE MAP LABELED OPTION 3 AND TO ADOPT RESOLUTION 02-13 AMENDING SECTION 1104 OF THE CITY CODE OF ORDINANCES (SNOWMOBILES AND ALL TERRAIN VEHICLES) WITH THE PROVISION THAT A LOCAL ACCESS STICKER, A COPY OF THE SNOWMOBILE ORDINANCE AND A COPY OF THE SNOWMOBILE MAP BE MAILED TO OWNERS OF ALL REGISTERED SNOWMOBILES IN THE CITY. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-2. MAYOR KLINZING AND COUNCILMEMBER TVEITE OPPOSED. MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 21, 2002. Members Present: Mayor Minzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Park and Recreation Commissioner Dave Anderson and Planning Commissioner Dana Anderson a 1. Call Meeting To Order w Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 pm. by Mayor Kiinzing. City Council Minutes Page 2 October 21, 2002 .. aide"" 4.1. � � unsider Atnendmen r r � � _hapler 1104 (Snowm� b�..iles_and Director of Planning Michele McPherson gave a review and history of the snowmobile and ATV ordinance. She presented four maps to the City Council; one displaying prohibited ATV use and the other three displaying options for snowmobile use. She stated that the language in the ordinance prohibiting snowmobiling on private property less than three - fourths of an acre has been removed from the current draft. Mayor Klinzing stated that this was not an official public hearing but that she would allow people to provide public comment on this issue. Greg Strommen, 8433 Palmgren — Stated that he is a snowmobile club member and was a member on the city task force for this issue. He felt it was wrong to establish a moratorium on snowmobiling within the city last year. He stated that the complaints to the police department were very low compared to the number of riders in the area. His group volunteered to ride with officers to provide education to citizens violating trail rules. He felt that the snowmobile ordinanc6 approved by the city last year did not have time to, become established and to allow citizens to learn it. Steve Parker, 19530 Albany Circle — Stated that there should not have been a ban on snowmobiling. He felt that ATVs and snowmobiles should not be lumped into the same category with the same rules. Troy Morns, 13445 179th Avenue — Stated that most people obeyed the snowmobile ordinance and that the city is not going to stop the violators by creating a ban. He stated that there should not be a ban on snowmobiling anywhere within the city. Barron Collie, 19872 Watson Circle — Stated that he moved to Elk River because he could access snowmobile trails from his home. He stated that only a few citizens violate the ordinance and there should be deterrents such as fines, confiscation of snowmobile, and fines against parents of kids riding snowmobiles illegally. Jill Crumb, 18162 Hudson Street — Stated that she chose to live in Elk River due to the access to trails from her home. She stated that more enforcement should be provided to stop violators. Kurt Holmgren, 13478 182na Avenue — Stated that he should be able to access the trails from his home. Andy Bosser,19540 Boston Street — Stated that he moved to Elk River because he could access the trails from his home. He stated that there should be more enforcement. Todd Bouman, 18083 Macon Street — Stated that there should be more enforcement provided by the police department. Diane Vack, 9940 2091h Avenue — Stated that there should be more enforcement and ticketing by the police department. Peter Kneissel, 12879 195th Avenue — Stated that snowmobilng should be promoted and not regulated. He stated that banning snowmobiling in the city would not stop violators. City Council Minutes October 21, 2002 Page 3 Paul Vacl, 9940 209th Avenue — Stated that a ban is excessive. He felt that this was a law enforcement issue. Michelle Goiseng, 19895 Zane Street — Stated that the city should use the resources of the local clubs to help with enforcement. She stated that more classes could be offered. Lori Collins, 10046 1461h Street — Stated that more education should be provided to snowmobilers and it takes time to educate citizens. John Finch,18554 Queen Street — Stated that the city should look at statistics before making any decisions. Mayor Klinzing closed the public comment period. Councilmember Dietz questioned whether citizens could become involved with enforcement of the snowmobile ordinance similar to a Reserve Officer. City Attorney Charlie Wilson stated that it is possible but that the city would have to be careful on the type of tasks that they assign and they would have to properly educate and instruct these individuals. Assistant Police Chief Jeff Beahen stated that the police department is limited on the type of enforcement that they can provide. He stated that legal signage must be installed in order to enforce the ordinance. He discussed the complaints received over the last two years. Assistant Chief Beahen stated that it is up to the court system to enforce the fines. He encouraged citizens to contact the courthouse and request that stiffer penalties and fines be enforced on violators of the snowmobile ordinance. Councilmember Kuester stated that she believes enforcement of the snowmobile ordinance is the issue. She stated that the city does not have enough manpower or funds to keep up with enforcement of snowmobile violators. Councilmember Kuester stated that a substantial amount of volunteers would be needed from the community to help law enforcement with enforcement and education. Councilmember Tveite stated that the low volume of complaints that were called in to the police department surprised him. He felt that enforcement of the ordinance is the issue. He requested staff to contact the City of Osseo and inquire as to how they monitor and enforce their ordinance. He stated that the moratorium was put into place due to safety concerns of and for residents. He would like staff to explore other options for establishing a trail system. Councilmember Motin stated that the city should consider applying a minimal amount of restrictions and to allow people to snowmobile from any home to a trail. Councilmember Dietz stated that enforcement of the snowmobile ordinance is the issue. Mayor Klinzing stated that the city has also heard many concerns from residents that would like more restrictions on where citizens can snowmobile. She stated that she didn't know if it would be possible for everyone to go from his or her home to a snowmobile trail. Mayor Klinzing stated that there should be greater enforcement of the ordinance but that if City Council Minutes October 21, 2002 Page 3 Paul Vack, 9940 209th Avenue — Stated that a ban is excessive. He felt that this was a law enforcement issue. Michelle Goiseng,19895 Zane Street — Stated that the city should use the resources of the local clubs to help with enforcement. She stated that more classes could be offered. Lori Collins, 10046146'h Street — Stated that more education should be provided to