By MaryHelen Swanson

The North Branch Council wants to hear from the public on the draft of a new All-Terrain Vehicle (ATV) ordinance.

It is unclear at this point if the council will allow any oral comments or whether they want to hear from the public only in writing. At Monday nightís council meeting, with only three councilors present, it was noted that the draft ordinance is ready for review and public comments will be taken, in writing.

According to City Administrator Joe Lynch, it is the cityís understanding that the ordinance can be passed without a public hearing because it is in compliance with Minnesota Statute.

At the end of 2004, the city attempted to enact a similar ordinance which was subsequently rescinded when it was learned that the city cannot regulate the county roads, right-of-way and ditches.

Later in 2005, the city council sought to form a task force which would include people on both sides of the ATV issue.

The city felt there was not enough response and at that point, the council then directed staff to redraft an ordinance that did not include the right-of-ways and ditches. It was also to include provisions for exceptions for agriculture purposes and personal and commercial snowplowing use.

The new draft allows ATV operation within the right-of-way for streets that have a ditch. But ATVs are not allowed on paved or improved streets, on public sidewalks or trails meant for pedestrian or non-motorized travel, on private property without permission of the property owner or on any public park in the city. Exceptions to these rules would be for law enforcement officials in the line of duty who would need to cross road right-of-way.

The council is now encouraging ATV users and members of a local ATV club to submit written comments and suggestions on the draft ordinance.

The council will hold a work session at 6 p.m. Wednesday, Sept. 21 at which time they will consider the written comments. ATV users are interested in knowing if they will be able to make oral comments at this session. The council was not clear as to whether it will be allowed.

Previously the mayor, who was absent this week, suggested that people attending the work session might be asked questions about their written comments and then be allowed to speak.

The intent is to have the council adopt the ordinance at the regular Sept. 26 meeting.

At the meeting Monday night, ATV club member Carla Waletzko asked if it was common for cities to have only written comments on ordinances, or was this one issue singled out?

Councilwoman Amy Oehlers, acting mayor that night, said it was actually uncommon to have much public input on ordinance adoption.

Several ATV users in the audience then asked where to send the comments.

They were told they could send them to city staff, or to the council members, but were asked to also send them to the city staff if they were sent directly to the council members.

One man wanted to know if there had been a lot of police calls on ATV users.

Administrator Lynch pointed to the police report that showed 17 in the first quarter and 38 in the second quarter of this year.

However, the line item reads ATV/snowmobile.

Waletzko informed the council that in her research that line item also included such things as scooters and snowmobiles. One man in the audience suggested there be provision in the ordinance for education.

City Attorney Tom Miller said that could be discussed at the work session.

In other business, the council:
ï reviewed the first and second quartersí police report. Incidents in the first quarter totalled 1,440 and in the second 1,761. Large numbers of thefts were reported - 64 in the first quarter and 117 in the second. Driving complaints were 27 and 46; stop-arm violations (school bus) 22 and 14; DUIs 25 and 28; and animal complaints 92 in the first quarter and 89 in the second. In addition, there were 79 juvenile complaints in the first quarter and 69 in the second. There are many other categories, also.

ï agreed to hire a facilitator for the council retreat coming up Oct. 2 at Wild River State Park, not to exceed $1,825.

ï approved the name for the new library: North Branch Area Library, Chisago County Branch of East Central Regional Library.î

ï learned of a gathering at the kiosk at the Sunrise Prairie bike trail at 10 am. Sunday, Sept. 18 to meet with Congressman James Oberstar to thank him for his efforts in getting federal funding for the I-35 bridge and then to take a bike ride at 11 a.m. on the trail.

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