ATV ordinance comes before council again

Regan Kohler

SHELL LAKE – Shell Lake’s ATV ordinance will be revisited by a committee, after the city council voted down an amendment to open almost all city streets for access Monday, June 14, in city hall.

Alderperson Josh Buckridge requested that Lake Drive and all city streets, excluding the ones in front of the hospital and primary school, be opened to ATV and unlimited all-terrain vehicles. The request asked that only people ages 16 and older, with driver’s licenses, be allowed on the streets, and a maximum speed limit of 20 mph be enforced – though this was later changed to 10 mph, after it was discovered that state law requires the speed limit as such within 150 feet of a residence, of which there are many in these areas. The access would be on a one-year trial basis.

A similar request came up about a year ago, but was turned down after much discussion by the council and concern from citizens over safety issues, among other things.

Police Chief Clint Stariha asked what would happen if someone from out of town younger than 16 were coming through on the Wild Rivers Trail, which is a designated ATV route, and did not know Shell Lake’s law.

Buckridge said that the Wild Rivers Trail is state designated for these riders to be on.

Council President Randy Baker asked if a public hearing was needed to change the ATV ordinance, and city Administrator Brad Pederson replied that hearings are only necessary for zoning changes.

Donna Barnes-Haesemeyer, former Shell Lake mayor, told the council that they must publicly notice an ordinance change, and this was not properly noticed, as the agenda only read that the recommendation was for Lake Drive and adjoining streets, rather than all city streets. Other citizens in the audience agreed.

Tom Scott said that the agenda was posted on the wall outside city hall, and that the council was elected by the people to make the vote.

Mayor Sally Peterson read an opinion from the city attorney that said they only need amend the current ordinance, and must specifically name all the city streets permitted for access.

Baker said that the recommendation did take in more than what was presented in the agenda.

“I think we need to get in step here,” he said.

Alderperson Jeri Bitney also said that the agenda did not let citizens know that more streets than the ones mentioned would be opened.

“They deserve the opportunity to see what we are discussing completely described,” she said.

Sonia Scott suggested amending the ordinance just to include what was in the agenda.

“I think we [ATV riders] should have the same rights as everyone else in the city,” she said.

Alderperson Andrew Eiche said he didn’t realize before the meeting that all streets except for two were going to be in the amendment.

“I didn’t know what I was … coming into,” he said.

Alderperson Jane Pederson brought up the other issue from a year ago, and suggested either tabling the matter or having a public hearing. She said she wanted more information, too.

Alderperson Greg Kittelsen said the current ordinance has been in place since 1989, and it is feasible to open up all the roads named for access, according to the attorney.

Alderperson Terry Leckel added, “Trust me when I say this, we will never be done with [this issue].”

He suggested voting down Buckridge’s motion and sending it back to a committee.

A motion to table the matter was made first, as it trumps an original motion, but this failed after Peterson broke the 4-4 tie by voting against it.

The original motion made by Buckridge failed, and the council then moved to recommend the general administration revisit the ordinance. This motion passed 7-1, with alderpersons Leckel, Kittelsen, Baker, Eiche, Buckridge, Bitney and Connie Graf voting yes, and Pederson voting no.

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Source: http://wcregister.net/clients/wcregister/atv-ordinance-comes-before-council-again-p7355.htm?twindow=Default&smenu=73&mad=No

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