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CITE' OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2003-088 <br />A RESOLUTION SUPPORTING WASHINGTON COUNT' <br />PROPOSED ATV ORDINANCE <br />WHEREAS, the Washington County Department of Transportation and Physical <br />Development has proposed to the Washington County Board of Commissioners an <br />ordinance to restrict the use of ATV's on bottoms and far slopes of County owned and <br />maintained highway ditches; and <br />WHEREAS, the damage caused in ditches cannot be either controlled or <br />corrected without substantial investment of time and tax revenue; and <br />WHEREAS, the property owners of Lake Elmo pay a disproportionate amount of <br />the cost for ditch remediation; and <br />WHEREAS, a significant number of ATV vehicles are found to be illegally using <br />the inside slopes of ditches; and <br />WHEREAS, individual property rights are being violated by ditch riders who are <br />trespassing on privately owned front yards and damaging private driveways as they are <br />crossed; and <br />WHEREAS, it has been demonstrated that many ATV operators do not <br />consistently operate their ATV's with the observed detrimental effects; and <br />WHEREAS, the Department ban is consistent with a similar ban on Lake Elmo <br />City Streets; <br />NOW, THEREFORE, the City Council of Lake Elmo supports the Washington <br />County Department of Transportation and Physical Development Ordinance for the <br />management for All Terrain Vehicles in Washington County Rights -of -Way and urges <br />the County Board of Commissioners to reassert the County ownership, management, and <br />control of the County ditches through the lawful ban of these vehicles. <br />ADOPTED, by the Lake Elmo City Council on 21st day of October, 2003. <br />Lee Hunt, Mayor <br />ATT - T: <br />Char E. Dillerud <br />Acting City Administrator <br />