Posted: 7/11/07
Proposed ATV ordinance brings angry folks to Harris council
 Dwight Engler, far right, spoke to the Harris City Council Monday night. More than 50 people filled city hall to voice their concerns about the ordinance. |
By Steve Morris
Anger was the mood of choice for citizens at the Harris City Council meeting Monday night.
The turmoil centers around a battle bedroom communities in rural areas across the state are facing: balancing the needs of people who want peace and quiet versus those who own land and want to recreate as they please.
"It's a balancing act, there's no doubt about it," City Attorney Peter Grundhoefer said.
More than 50 people filled the council chambers to fight against the city's latest ordinance on snowmobiles and recreational motor vehicles. Councilor John Pelant said the room was "99 percent" full of people who opposed the ordinance.
No decision was made on the controversial ordinance.
A July 20 work session is scheduled for 6:30 p.m. where two representatives from the motorized vehicle side and two representatives from the opposing side will work with the council to form an updated ordinance. From there, a public hearing will be held Aug. 13 at 6:30 p.m.
"If it gets changed and I still don't like it, I will vote it down," Pelant said.
THE ORDINANCE
Councilors Doug Chaffee and Cathy Olson worked with Grundhoefer to draft the ordinance. They looked at 10 communities to see what kind of ordinance they used, including urban communities such as Apple Valley.
Olson and Chaffee were the only two council members who were allowed to give input on the ordinance.
The proposed ordinance was five pages long and listed several restrictions on equipment required and the general operation of snowmobile and recreational motorized vehicles.
One point of the proposed ordinance stated no one could operate a snowmobile or recreational vehicle on a public sidewalk, walkway or trail which is provided or used for pedestrian travel.
Dwight Engler was at the meeting and was unhappy with the city. He said there isn't much wrong with the current ordinance.
Standing outside city hall, he vented about the city's lack of thought put into the ordinance and because of its vagueness. Engler pointed to one of the sections in the ordinance that says: " ... no person shall operate a snowmobile or recreational motor vehicle on any frozen waters ... ."
"That one doesn't even apply to the city of Harris," he said.
Councilor Pelant was on the same page as Engler.
"No thought was put into this and it wasted a lot of time and money," he said.
"There are not really any problems now except for a few isolated areas. It's absolutely ridiculous," Engler said.
Moreover, Engler is concerned if the ordinance is passed it may hurt businesses in the winter who depend on revenue from snowmobilers.
"These things are for sale to the public so they can enjoy them, and it shouldn't be up to the government to take the privilege away from us. I can see restricting use in a residential area, but not in a rural area."
Sergeant Kris Scott of the Chisago County Sheriff's Office said strictly from an enforcement perspective it would be difficult.
Speaking in response to Sgt. Scott's remark about the enforceability of the ordinance, Grundhoefer said he wants to make an ordinance that is as usable as possible for the sheriffs office.
THE DIRT TRACK
Harris Mayor Rick Smisson said the problem over noise from these types of vehicles has been going on for two years.
Smisson said he often gets phone calls from people who have to literally yell at each other at dinner to be heard and whose cars are covered with an inch of dirt.
"I have witnessed this stuff myself, so I know it's happening," he said.
Smisson, who at one point during the meeting had to warn the crowd to quiet down, said there were people at the city council meeting Monday who supported the ordinance but were intimated into not speaking at the meeting.
"They didn't intimidate the council, but they intimidated the supporters," he said.
One of the tracks in the middle of this is a dirt track on Marvin Stai's property. Smisson said many of the people who use the track are not from the area.
Regardless of where the dirt bike riders come from, Smisson wants to fix the problem.
"We need to get a resolution," he said.
Bill and Sue Shappell are retired and moved to Harris to get away from the city life and to relax.
Shappell, who lives on Falcon Avenue, doesn't have anything bad to say about dirt bikes, he would just rather not have a track in a residential area.
Shappell said he has seen as many as 50 riders on the track on weekends, kicking up dust and interrupting his peace and quiet.
In other business, the council:
• Listened to a legislative update from Sen. Rick Olseen. The senator informed the council about bills he carried or helped with and reminded the council if they want his assistance with issues, they need to speak with him soon so he has time to get find a solution to their issue.
• Agreed to post the job description on various Web sites for a Waste Water Treatment Facility Operator.
• Tabled a decision on an ordinance establishing fees for emergency protection services until the July 23 meeting.
• Approved a change order for the WWTF for a fence and gate for a cost of $9,634.
• Approved a change order for the WWTF for an additional heater unit at a cost of $1,947.
• Approved East Central Energy as electrical service provider for the WWTF.
• Accepted the bid from Jay Bros., Inc., for the Lift Station No. 2 project. Jay Bros., was the lowest bidder at a price of $124,613.
• Accepted the bid of Bjorklund Trucking for gravel at a price of $8.10 per cubic yard.
Comment from Michael Roff, 7/12/07
People move up this way to have the freedom to do what they want on their property. If they wouldn't build so many houses there wouldn't be a problem. I actually like hearing dirt bikes off in the distance. It's such a great sound. And for the dust problem, whats the difference from a dirt road to a dirt track. Get over it, if it's to loud your to old and maybe you should live in a retirement community or a plastic bubble.
Comment from Bob Whittaker, 7/18/07
we have almost the same thing going on over/up here in Ferry County Wa. A small vocal group set on motorizing a rail trail, county roads, towns via an ordinance that is very vague and loosely written. If it passes children walking to school are at risk and so much more. Personally, to me, noise is as invasive as someone blowing cigarette smoke in someone's face (while they stand in their back yard). Please check out http://www.ferrycountyrailtrail.com
Comment from Lori, 7/20/07
If they didn't build houses up here you'd have nothing to move into. One's freedom to do whatever they want on their land has to have limitations or they'd still be making moonshine. Everybody has different acceptable noise levels and shouldn't be classified as 'old' because they don't appreciate the great sound of dirt bikes. I live close by and am not affected that much but, if I was next door and had to listen to loud dirt bikes frequently I'd probably feel differently. In closing the 'old' people your referring to were 'up north' way before any of us 'younger ones' had the idea to move.
Comment from Lori, 7/20/07
If they didn't build houses up here you'd have nothing to move into. One's freedom to do whatever they want on their land has to have limitations or they'd still be making moonshine. Everybody has different acceptable noise levels and shouldn't be classified as 'old' because they don't appreciate the great sound of dirt bikes. I live close by and am not affected that much but, if I was next door and had to listen to loud dirt bikes frequently I'd probably feel differently. In closing the 'old' people your referring to were 'up north' way before any of us 'younger ones' had the idea to move.
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