ATV ordinance to come before city council

SHELL LAKE – A recommendation to open all but a few Shell Lake city streets to ATV and UTV riders will come before the city council later this month, after the general administration approved it Monday, June 28, in city hall.

At the June 14 regular council meeting, a recommendation had come before the council to amend the current

ATV ordinance, allowing access from Lake Drive and adjacent streets. However, when discussed, an alderperson said the request included all city streets, excepting those by the hospital and primary school, be opened. Much concern was voiced over the fact that the agenda did not specify that nearly all city streets would be open, and safety issues were a hot topic. Additionally, a similar recommendation had come before the council the previous year, and had been voted down.

The council voted down the request, and sent it back to the GA for another look.

The recommendation before GA Monday night was to amend the current ordinance, to open all roads and alleys within the city limits, excluding for Fourth Avenue between First and Second streets, and the alley behind the Indianhead Medical Center between those two streets, and excluding CTH B and CTH D, except to cross.

The amended ordinance also has the following rules of operation: a 10-mph speed limit within city limits, and an age limit of 16 or older, along with the requirement to have a valid, state-issued driver’s license. The amendment would be on a one-year trial basis.

The original request had been a 20-mph speed limit, but GA member Andy Eiche said it was changed to 10 mph because it reflects “the state law as much as possible, and also for safety.” The state law requires this speed limit for riders within 150 feet of residences, and Eiche said that since there are so many going through town, signage for different limits would be confusing.

Even though the state law allows drivers to be 12 or older, provided they successfully passed an ATV course, the recommendation is at 16 for safety concerns. Eiche said the only exception would be on the current route, which allows the rider to cross Hwy. 63 from the Wild Rivers Trail that runs through town, and goes to First Avenue, to Third Street, and back to the trail.

GA member Jeri Bitney said UTV drivers are not required to have driver’s licenses, though they must possess a valid ATV driving certificate if they are at least 16. Eiche said that the city cannot loosen this restriction, but it can be further tightened.

A public hearing was opened, and city Administrator Brad Pederson read numerous e-mails from residents concerning the amendment. Nine of the e-mails were from those against opening all streets, with concerns including ATVs operating among pedestrians and motor vehicles, driving under the influence of alcohol, license and speed limit restrictions, congestion on Lake Drive, noise disturbance, added law enforcement issues, safety, visual impacts and costs. Eight other e-mails were in support of the amendment, as some people felt this would allow easier access to trails and town, and would provide opportunities for increased business and tourism.

Citizens present at the meeting also got the chance to speak. Kay Rand said that Lake Drive is used so much by pedestrians, she did not see how this plan could work.

Dan Hubin said that the city already has a designated trail going through town, and it should continue to run straight through instead of being routed along First Avenue to Third Street, as the trail gets cut off by the park.

“It’s causing problems,” he said.

Hubin said that ATVs are designed to ride on rough terrain, not blacktop, which had been another concern many had voiced in e-mails. He also asked who would pay for accidents, if the city is not required to have liability insurance.

Patrick McCardle, a seasonal resident, said he had confidence in the council to make the responsible and prudent recommendation based on the majority’s desires, whether the majority is seasonal or year-round residents.

“This issue has been brought up time and time again,” he said.

Tom Scott said that one e-mail talked extensively about accidents.

“I don’t think they happened at 10 mph,” Scott said.

He also said that ATVs put out less pollution.

Jerry Greeley said passing this ordinance will allow riders to get to the trail without having to load and unload ATVs onto trailers.

“I am for this ordinance,” he said.

Greeley said he owns a handyman business that involves pushing docks, and trailering is the biggest problem in the winter months, having to go only a short distance and backing up, which is a hazard.

“I just think it’s really blown out of proportion here,” he said.

Other areas across the state allow ATVs through town, Greeley said, and they are aware of pedestrians and slow down. He doubted there would be hundreds riding around the lake.

Dale Johnson said, “I share the same concerns regarding safety.”

However, Johnson said, some comments made it sound like Lake Drive was the only place with a potential for accidents, and these can occur all over. He recalled Police Chief Clint Stariha saying at the June 14 meeting that there had been no problems and asked if this was still true.

Stariha replied, “Not in town,” and added that he hadn’t been receiving complaints.

Johnson said he did online research, and all statistics that had been given to the council were correct. Noise seemed to be a big concern, and Johnson said Harley-Davidson motorcycles can be heard more.

He said there were ATV riders who would help the city with signage costs.

“We’re willing to do that,” Johnson said.

He doubted there would be any additional road maintenance costs. If there are problems in the year trial, he said, then the city can get rid of it. He asked that the city base its decision on facts, not what might happen.
Vern Redlich said he was in favor of the amendment. Having lived in Shell Lake for eight years, he said he has not been seeing new business come in.

“Shell Lake is not growing,”  Redlich said, adding that census data shows the same population as it did 10 years ago.

It is a tourist issue, he said, and one would have to be blind not to see all the ATVs heading north on the Wild

Rivers Trail. Redlich often walks on the railroad bed right of way, where the trail is located, and said ATVs never bother him.

“I don’t think they’re going to be a problem,” he said.

Marianne Rigby said she agreed that Shell Lake needs to encourage visitors.

“We need to make people want to come here,” she said.

Kyle Schaffer said that anything the city can do to welcome visitors should be done. He understood safety concerns, but said that the police chief has said there aren’t any issues.

“We have to quit focusing on the lake road,” Schaffer said.

Terry Johnson said he was in favor of the amendment, but wanted to see the designated trail extended rather than riders having to cross the highway twice, among cars going anywhere from 35-50 mph.

Sue Hansen said she was concerned because Lake Drive is narrow and has many blind spots, making it dangerous.

“I don’t want my grandchildren to be in the test pilot program,” she said.

Another concern, Hansen said, was that the road by the primary school was a noted exception on the original request, and this time it wasn’t. She mentioned the city’s recent approval of a Safe Routes to School plan.

Josh Buckridge said that on his street, which already allows ATV use, there are many walkers and bikers, and he has never seen a problem.

Jack Dahlstrom, a member of the city’s downtown revitalization group working to enhance economic development, said that part of the group’s strategy involves supporting ATV use around the lake. The second-biggest complaint he hears from customers at the grocery store, he said, is that there is no ATV route. ATV riders are courteous, Dahlstrom said, and having rules is the compromise.

Stephanie Herzog said ATVs are no noisier than motorcycles, and agreed with the 10-mph speed limit. She said this amendment can help bring business into town, while making it easier for the campground, too.

“We’re trying to get people in,” she said.

The hearing allowed for rebuttal. Hubin asked why certain roads had been restricted in the amendment, and Eiche replied that this was for safety concerns with the hospital, including people in wheelchairs.

“You can assume that a hospital … is going to have those that might be … unable to maneuver well,”  Eiche said.

Hubin then asked why Lake Drive couldn’t have the same restrictions, as there are people in wheelchairs on that road, too.

Eiche said that he wasn’t sure if hospital road restrictions were part of the state ATV law, but that the city felt this just was more prudent, as hospitals are likely to have more people unable to maneuver.
Schaffer asked if there could be designated ATV parking spots. Eiche said he couldn’t verify this, but he’d heard there was potential for parking spots in the form of a grant.

Buckridge mentioned there is a county trailhead across from Becky’s Food & Spirits in the industrial park. Scott then said riders don’t always want to go to a trailhead, some simply want to get out onto the ice in the winter, but can’t because it is against the law.

Redlich said that three years ago, he’d given the city a concept map for an ATV trail running on the old railroad bed from Hudson all the way to Bayfield, and the city approved it, with the state now taking it into consideration.

“What a trail that would be through here,” he commented.

McCardle said he is in favor of economic growth, but that both sides opinions are based on conjecture and speculation. He added that the speed limit enforcement would be a concern.

“I have neighbors that are highly irresponsible ATV users,” he said.

Greeley said there will always be one or two irresponsible riders “raising hell,” but immediate law enforcement responses can put a stop to that.

“The majority of your ATV-ers are going to abide by the ordinance,” he said.

Greeley agreed with the other who had said the trail should continue straight through town.

Stariha said he hoped for cooperation from riders, but the squad car goes around the lake maybe twice in eight hours. If people abuse the ATV law, Stariha said, the police will “need help from the community” to find violators.

“Give us a call,” he said. “We’re going to need help.”

Stariha said he did believe ATV riders would be of help, as well.

Johnson said he was hearing rumors that Lake Drive residents believed they should be the “only ones”  allowed to use it. He said that just because it is a curvy road doesn’t mean there will be more problems.

“There’s more to this town than Lake Drive,” Johnson said.

Hansen called this elitist language. She said that unless foot traffic around the lake is eliminated, there is “a real danger.” Unless there is a separate path created for pedestrians, Hansen commented that golf carts may as well be allowed, too.

Eiche said the city is tackling one issue at a time.

“I don’t think anybody takes safety lightly in this room,” he said.

The hearing was then closed, and the GA began its discussion. Eiche said it is important for the public to know the minds of its representatives.

“I’m not an ATV owner,” he said.

However, speaking as a parent, Eiche said the government is asked to be responsible for too much sometimes. He said parents will make decisions on their own children riding ATVs.

Eiche said that looking at the city map, he didn’t believe this ordinance amendment alone “will greatly impact economic development,” as there are only five roads that would bring ATV riders into the city limits. He did, however, think that with the possible state route Redlich had presented more tourism was possible.

Riders will not be coming into town for pleasure rides, Eiche said, as many users have said riding on blacktop is not enjoyable. He said he didn’t think there would be more congestion or a noise issue, as already, some people do not realize that there may be an open route by their house and have not mentioned noise.

This ordinance firmly addresses safety, Eiche said, especially with a low speed limit.

“The bicycles will be passing the ATVs,” he said.

Bitney said she has not gone public with her opinion on the matter until that night. She said she has gone back and forth on the issue, and now feels opening up the whole town is “ill-advised.

“I still don’t like having it all open up through town,” she said.

The current ordinance works well, and what she would be in favor of is opening Lake Drive on a trial period through October.

Stariha said this would not work, as the full council wouldn’t be voting on any recommendation until July, and the Department of Transportation would have to work with the city on signage, so nothing would be open until the end of August, most likely.

“I don’t think it could be open before then,” Stariha said.

Eiche said all the seasons need to be part of the trial for a thorough viewing.

Bitney said she had studied the ATV fatalities in Wisconsin from 2008-10, and it appeared alcohol use was a factor in half of the crashes. She asked if the city could have a zero-tolerance policy.

Eiche said these statistics are one reason the law is adamant about having a valid driver’s license, as some adults do not, mostly because they have a conviction of operating while intoxicated. He said the city does not want to see people circumventing the law using ATVs rather than a vehicle. Riders can be stopped for operating an ATV while intoxicated. GA member Connie Graf said the limit is a .08 blood-alcohol level, and

Stariha said that for people 21 and under, it is zero tolerance. He also said he would check into whether or not the city could have a zero tolerance for everyone riding an ATV.

Graf said, “I am in favor of this [amendment] the way it is.”

Bitney said that she was willing to compromise with the one-year trial because of the age and speed limits, provided a thorough report is given at the end. She also asked that the recommendation be subject to review by the city attorney.

Bitney said she didn’t know if it would even be possible to make the trail continue straight through with the park where it is.

Stariha said if later a way is figured out, the ordinance can be amended.City Administrator Pederson said the GA would have time to review the recommendation, if passed, before the July council meeting.

The council approved the recommendation, subject to attorney review, 3-1. Chair Jane Pederson, Graf and Eiche voted yes, while Bitney voted no.

The recommendation will come before the council Monday, July 12.

--

Source: http://www.wcregister.net/clients/wcregister/atv-ordinance-to-come-before-city-council-p7414.htm?twindow=Default&smenu=73&mad=No

---

Add this page to your favorite Social Bookmarking websites