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RLO19950830• RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSREGO MINUTES OF MEETING HELD WEDNESDAY, AUGUST 30, 1995 The meeting was called to order at 7:05 P.M. by Chairman Sanders. Also present were Committee Member D'Acquisto and Rasmussen, Ald. Suhr and those per the attached list. Ald. Misko arrived at 8:55 P.M. The Committee noted that the meeting was posted in accordance with the Open Meeting Law. The Committee further reviewed Committee Appointments for the Parks & Recreation Board whose terms are currently incorrect. The Committee recommends the adjustments be made as terms expire. The Committee reviewed Attorney's Opinion, dated June 4, 1995, from Attorney Molter addressing the Committee's inquiry as to the voting rights of the President of the Parks & Recreation Board and of the President of the Library Board and the President's right to initiate motions which refers to the City of Muskego's ordinance adopting State Statute 27.08 which basically indicates that the Parks & Recreation Board will be established by ordinance and organized as the Common Council provides. There is no ordinance or statute which would prohibit the Park Board's President from • initiating motions or voting on motions unless the Board has adopted rules and procedures for its proceedings. As to the Library Board, there are no applicable sections of the City's ordinance or Wisconsin Statutes Chapter 43 which would prohibit the President from initiating motions for voting on motions. Chairman Sanders was concerned that all commissions and boards have the leeway to set their own procedure as does the Parks & Recreation Board. Ald. Rasmussen requested that a set procedure be determined for every Board and Commission and codified for the benefit of the Citizen. Ald. Rasmussen also requested that the City Clerk provide information for voting order of Chairman of Boards, Committees and Commissions. The Petitioner who had requested that Pot Bellied Pigs be discussed did not appear so no action was taken. Mr. Richard Anderley, Lannon Drive, appeared before the Committee to discuss his concern with snowmobiles driving over his driveway with carbide tips which damage his driveway. Ald. Sanders indicated the previous review showed that the City can designate trails or roads, but not right-of-ways. Otherwise, only Waukesha County and State roads can be used. Ald. D'Acquisto advised that the State is currently involved in legislation concerning snowmobiles. Mr. Anderley asked for an ordinance to allow the installation of devices to prevent the snowmobiles traveling on • his property. No action was taken at this time because of pending legislation and enforcement of current ordinances. Mr. Jerald Hulbert questioned the jurisdiction and liability involved for snowmobiles on the lake, on dry lake bed, hitting piers or other RULES, LAWS & ORDINANCE COMMITTEE - PAGE 2 AUGUST 30, 1995 • obstacles. The Committee requested Police Chief Johnson review and forward information to Parks Director Peter Theis for Parks & Recreation Board review. Ald. Sanders recommended that the procedure for designating snowmobile trails be interpreted by the City Attorney now that City, not town or village, ordinances are being used. Mr. and Mrs. Joseph Giacalone, W163 57346 Bay Lane, appeared before the Committee to discuss placement of compost piles in residential areas. Ald. D'Acquisto indicated that the issue has been discussed extensively in the past and that the municipal code does address some of the concerns as far as noxious odors, etc., and it is within the latitude of police to investigate the problem Mr. and Mrs. Giacalone stated that the compost pile in question is within 12 inches of the lot line and that their bedroom window is within 20 ft of the compost pile. They indicated they tried to get the neighbor to move the pile without success. Mr. Giacalone indicated that he has health problems. Ald. D'Acquisto offered two suggestions; 1) Instruct Building Inspection Department to visit the site to determine if there are any violations for the location, composition, etc., of the compost pile, and 2) to direct the Plan Director, or his representative, to examine if there is a violation of the zoning ordinance as far as placement. Ald. Sanders suggested the use of Waukesha County mediation to resolve the problem. Ald. Suhr indicated that he • talked to the neighbor and that the neighbor stated it was a matter of "sour grapes" and was unwilling to compromise. Ald. D'Acquisto discussed with the Committee the need for clarifying the procedure for placing items on Committee agendas. He suggested that items be discussed with Chairman prior to being placed on an agenda. Ald. Rasmussen indicated that this topic was to be discussed at the Committee Of The Whole Meeting scheduled for Thursday, September 7, 1995. The Committee adjourned at 9:15 P.M. /ca • Respectfully submitted, Ald. Robert Rasmussen Secretary • SIGN -IN SHEET FOR CITY MEETINGS / PLEASE PRINT YOUR NAME AND AGENDA ITEM I//TEE►M BELOW. THANK YOU. Meetina: V-,✓ /I_ t 1 /l,�rirtn Pry Date: VX-1 5F f ITEM 11,w.n�1�!/.�c.rae�cv� wlu-,�, 1eu141't,P� lif / r