February 21, 2024 at 1:12 p.m.
Cass County Board:

Commissioners field concerns of new ATV regulations



By By Kyndra Johnson of the Press-Citizen | Comments: 0 | Leave a comment

   BACKUS—Tuesday, Feb. 20’s regular meeting had a number citizens in attendance for the public hearing for the first reading of the regulation of all-terrain vehicles (ATV’s) on county highways and public right of ways. Board Chair Neal Gaalswyk opened the meeting for public comment with County Administrator Josh Stevenson stating he had received one phone call after publication of the notice in the local newspapers. The comment received was concerning the proposed speed limit of 30 MPH for Class 1 ATV’s and posted speed limit for Class 2 ATV’s. This citizen agreed with the proposed speed limits, but requested that the county made sure all ATV’s were also road licensed like a vehicle.

   Many of the other comments received during the hearing from people in attendance were in favor of the ordinance with a request from Miles Kuschel, township supervisor of Ansel Township. Kuschel stated at a recent township meeting members and citizens reviewed the ordinance and had a few clarifications they would like to see added to the ordinance. Kuschel said they would like to see township roads added to the definition under County Highways; a bullet point under “Operation of All-Terrain Vehicles on County Roads in Cass County” changed to read from “an all-terrain vehicle may be operated on any County Highway in the same direction of travel as other vehicular traffic” to “an all-terrain vehicle shall or must be operated on any County Highway in the same direction of travel as other vehicular traffic” and all ATV’s, whether Class 1 or Class 2 shall not exceed  a speed of 30 MPH. Kuschel and others felt that the posted speed limits would be unsafe for the ATV’s. It was noted that the County has no jurisdiction over county township roads, therefore each township would have to be contacted to see if they would like to be included in that definition.

   Another comment made during the public hearing was a concern of visitors bringing ATV’s that were licensed in another state with their requirements and those requirements not being the same as the State of Minnesota, therefore not being legal to ride on the roadway’s. It was also brought up that current State laws for ATV’s are confusing to the public and a request that the County host an “interim” period for adjustment as the proposed fines of $1,000 for violations is a considerable amount. 

   After all public comment was heard, the hearing was closed with a motion to hold the second reading with possible adoption on Mar. 5 at the regular board meeting. The board is sending the ordinance back to the ATV Ordinance Committee to discuss the proposed recommendations from the public hearing. The committee will take those recommendations into consideration and will report back to the board with any possible edits to the draft ordinance at the public hearing held on Mar. 5. If the board approves those changes a third public hearing will be held either Mar. 19 or Apr. 2. The motion was approved unanimously.

   Commissioner Jeff Peterson requested an item on the consent agenda be moved to the regular agenda for further discussion. The item regards a request from the Minnesota Department of Natural Resources to utilize an unnamed pond in Section 2 of Woodrow Township for raising fingerling walleyes. Peterson stated in the past when ponds have been used for this purpose the ponds are left in a sterile condition and no longer produce minnows or leeches for future trapping. He requested more information from the MNDNR on their plans with the pond and what they can do to prevent the pond being sterile after they are done. Land Commissioner Mark Gossman stated he would reach out to the MNDNR and see if a representative would be able to attend the next board meeting. Therefore, Peterson motioned the request be tabled until the Mar. 5 regular meeting, Commissioner Scott Bruns seconded the motion with the motion being approved unanimously.

   In other business, the county board: 

   • Approved a resolution supporting Clay County’s pursuit to secure funding for psychiatric residential treatment facilities.

   • Heard from Probation Director Jim Schneider the Probation Pretrial program was awarded a two year Community Crime Intervention and Prevention Grant in the amount of $250,000.

   • Approved the purchase of a new vehicle for the Probation Department in the amount of $36,000.

   • Approved the purchase of 0.17 acres of wild rice credit from the Department of Natural Resources Fish and Wildlife Wild Rice Management program for $3,400 in order to proceed with the bridge replacement project on County State Aid Highway 43 over Lizzie Creek.

   • Approved a resolution supporting the City of Lake Shore’s variance request from Minnesota State-Aid Operations Chapter 8820 for their Fritz Loven Park Bridge replacement project.

   • Awarded the contract for roadway striping to Sir Lines-A-Lot, LLC for the amount of $109,713.42.

   • Awarded the contract for bituminous crack sealing option A and option B to Northwest Asphalt & Maintenance for the amount of $161,487.

   • Awarded the contract for roadway chloride application to Edwards Oil Inc. (dba Trimark Industrial) for the amount of $524,625.

   The next meetings are as follows: Commissioner’s board meeting, 9 a.m. Tuesday, Mar. 5 at the Land Department meeting room in Backus and commissioner’s board meeting, 9 a.m. Tuesday, Mar. 19 at the Land Department meeting room in Backus.


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