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ORD20151395 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1395 AN ORDINANCE TO AMEND CHAPTER 1, SECTION 1.05, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Boards and Commissions) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 1.05 BOARDS AND COMMISSIONS (2) PLAN COMMISSION. The Plan Commission shall consist of the Mayor who shall be its presiding officer, a member of the Parks and Recreationand Conservation Board, an Alderman elected annually by 2/3 vote of the Council, and four (4) citizen members, one of whom shall be appointed annually by the Mayor and confirmed by the Common Council for a term of three (3) years. If the Mayor recuses himself from acting as presiding officer concerning any matter or matters, the Alderman member of the Plan Commission shall act as the presiding officer and if said Alderman does not act, the commission shall select a presiding officer. In the case of the Mayor’s absence or inability pursuant to Chapter 2:2.07, the “Acting Mayor” shall act as presiding officer, except when the Mayor has recused himself as stated in the paragraph. The Plan Commission shall have the powers and duties prescribed in Sec. 62.23, Wis. Stats. (Ord. #1232 - 08-31-2006) SECTION 2: Chapter 1, Section 1.05 (6), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (6) PARKS AND RECREATIONAND CONSERVATION BOARD. (a) Composition. The Parks and Recreationand Conservation Board shall consist of 5 7 citizens for the first two years, one of whom shall be appointed annually by the Mayor and confirmed by the Council for a term of 5 3 years, provided that the initial appointments shall be for terms of 1,2, and 3,4 and 5 years, respectively. After the two-year period, the Board shall consist of 5 citizens. Two additional members shall consist of an Alderman and an employee representative of a the school district within the City who shall be appointed by the Mayor subject to confirmation of the Council. The school district employee representative shall be appointed for a term of 2 years and the Alderman member for a term of one year. All terms shall commence on May 1. The Alderman and school district employee representative shall serve so long as they hold their respective positions. (b) Officers. The Board shall annually select a president, vice president, and secretary from among its members and may choose such other officers as the Board deems necessary. Such officers shall have duties as shall be assigned by the Board. Ord. #1395 2 (c) Quorum. Attendance of 4 5 members of the Board shall be necessary for a quorum for the first two years when the Board consists of a total of 9 members. Following the two-year period, attendance of 4 members shall be necessary for a quorum. (d) Rules of Procedure. The Board shall adopt such rules of procedure as it deems necessary for the conduct of its proceedings. (e) Powers and Duties. The Board shall have the following powers and duties, a majority of which are prescribed in Chapter 27, Wisconsin Statutes (All applicable to the government and management of the Board of Park Commission except such sections as are in conflict with the section).the following powers and duties: 1. To govern, manage, control, improve and care for all municipally owned public parks, open space, conservation areas, parkways, and public recreational property located within or partly within and partly without the City, and secure the quiet, orderly and suitable use and enjoyment thereof by the people; also to adopt rules and regulations to promote those purposes. 2. To acquire in the name of the City for park, parkway, open space, conservation land, boulevard, pleasure drive, or public recreational purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege. Gifts to the City of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard, pleasure drives or public recreational purposes shall be accepted only after they shall have been recommended by the Board of the Common Council and approved by resolution. Subject to the approval of the Common Council, the Board may execute every trust imposed upon the use of property rights by deed, testament or other conveyance, transferring the title of such property to the City for park, parkway, boulevard, pleasure drive or public recreational purposes. 3. Subject to the approval of the Common Council, to buy or lease lands in the name of the City for park, parkway, boulevard or pleasure drive purposes or public recreational purposes within or without the City and, with the approval of the Common Council, to sell or exchange property no longer required for its purposes. 4. To change or improve all parks, parkways, boulevards or pleasure drives within the City limits, controlled by the Board, at the expense of the real estate to be benefited thereby, as provided in sec. 27.10(4), Wis. Stats. 5. Aid in compilation, administration, and implementation of the adopted Parks and Conservation Plan. 6. Provide insight, administration, and implementation to the City’s Lakes, Forestry, and Conservation Programs 5.7. Boulevards and pleasure drives shall be excluded from the care and management of the Board and shall be under the charge of the Board of Public Works. Ord. #1395 3 6. (f) Activity Fees. The Board may conduct public concerts within its public parks and pay the expenses thereof out of its funds. A fee for admission may be charged for the purpose of defraying such expenses in whole or in part. A fee may be charged for such other recreational activities as may be deemed advisable by the Board. (g) Budget Expenditures. The Board shall annually prepare a budget of the needs of the department for the ensuing year as set forth in this section. The Common Council shall annually appropriate to the Board such money as it deems necessary for the operation of the department. Such money together with funds derived from joint sponsorship, bequests, legacies and such income as shall be derived from earnings, fees, admissions and other charges shall be deposited in the Park and Recreation outlay account and such account shall be used only for the functions of the department and shall be disbursed as herein set forth in this section. 1. Prior to October 1 in each year the Board shall make an estimate of the expenditures of the Board during the ensuing calendar year including all necessary incidental expenses and also an estimate of the amount necessary for the purchase of land for parks, parkways, boulevards and pleasure drives and transmit the budget to the Common Council. The Board shall transmit to the Common Council prior to March 1 of each year a full detailed report of all its transactions for the preceding year together with an itemized account of all receipts and expenditures, a list of employees, and an inventory of property in charge of the Board. 2. All monies appropriated for park and recreation purposes, or received by subscription, gift fees or otherwise for parks, parkways, boulevards or pleasure drives, shall be paid over to the City Treasurer and be disbursed by order of the City Clerk drawn upon the City Treasurer to pay accounts or bills that have been audited and allowed by the Board and presented to the City Clerk. Such orders shall be paid by the Clerk and Treasurer in the manner provided by Sec. 66.042, Wis. Stats. The Board shall not contract any liability on the part of the City in excess of the budget authorized by the Common Council except upon application to and approval by the Common Council. 7. (h) Recreational Program. The Board may provide a year-round recreational for children, young people, men and women in all walks of life; offer leadership in coordinating and correlating all recreational activities to the maximum benefit of the citizens of Muskego and cooperate and coordinate the building of the total community park and recreational program into and around other public and private organizations concerned with public welfare, education and family relations. (hf) EmployeesStaff. The Board shall fix the compensation of all employees of the Board who may be entitled to compensation. The administrative sStaff of to the Board shall consist of a the Community Development Director, Public Works Director, Recreation Manager of Parks and Recreation appointed by the Mayor and approved by the Common Council, and such other employees as shall be deemed necessary. Other employees of the Board shall be employed only upon the recommendation of the Director of Parks and Recreation who shall serve as the chief administrative officer of the Board. The Director shall be responsible to the Board for the operation of the department and for the proper discharge of their duties by all employees. Ord. #1395 4 (i) State Laws Adopted. All applicable sections of Chpt. 27, Wis. Stats. applicable to the government and management of the Board of Park Commission except such sections as are in conflict with the section, shall apply. (10) CONSERVATION COMMISSION (a) Membership. The Conservation Commission shall consist of 7 members who are citizens of the City, one of whom shall be an alderman. and one shall be a board member of one of the City’s lake districts or associations. (b) Appointment. Appointment shall be made by the Mayor and confirmed by the Common Council. The term of the alderman member shall be 1 year, and the term of the 6 citizen members shall be 3 years, provided that initially 2 citizen members shall be appointed for a term of 3 years, 2 citizen member shall be appointed for a term of 2 years, and 2 citizen member shall be appointed for a term of 1 year. (c) Elections. The Commission annually shall select a Chairman and vice-chairman from among its members. Such officers shall have duties as shall be assigned by the Commission. (d) Quorum. Attendance of 4 members of the Commission shall be necessary for a quorum. (e) Rules of Procedure. The Commission shall adopt such rules of procedure as it deems necessary for the conduct of its proceedings. (f) Staff Support. Staff support to the Commission will be provided by the Planning Director or designee. (g) Powers and Duties. The Commission shall have the following powers and duties: 1. Manage the City’s Conservation Plan by making recommendations to the Common Council for protecting the community’s natural resources, preserving its rural character and open space, and improving its overall quality of life while respecting the rights of individual property owners within the community by:  Maintain inventory of Muskego’s natural resource base, including extensive open space areas, woodlands, wetlands, natural resource areas, critical habitat areas, prominent vegetation cover, steep slopes and environmental corridors.  Establish and maintain a system for evaluating and prioritizing lands in Muskego which are appropriate for conservation and that protect important “viewsheds” and/or connect recommended “greenway” corridors.  Provide detailed strategies to implement plan recommendations.  Direct the management of all City-owned conservation areas.  Recommend Annual Operating Budget and Five Year Capital Budget to Common Council  Direct public awareness program relating to conservation Ord. #1395 5  Advise the Common Council on best conservation practices, which may include acquisition, easement, transfers to public or private land trusts, or other means as may be appropriate. 1. Manage the City’s Urban Forestry Program by:  Study, investigate, counsel, and develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public places. Such plan will be presented to the Common Council and upon their acceptance and approval shall constitute the official comprehensive tree plan for the City of Muskego.  Consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work.  Maintain a list of desirable trees for planting along streets in two size classes based on mature height: large trees for wide planting areas (> 7 feet in width) and no overhead utilities, and small trees for restricted planting areas (4 to 7 feet wide) and/or overhead utilities. The Conservation Commission will also create lists of trees that are not suitable for planting. SECTION 3: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2015. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First Reading: April 14, 2015 _________________________ Clerk-Treasurer 4/2015 Newly Enacted Ordinance Published: