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RLO19951213• RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSREGO MINUTES OF MEETING HELD DECEMBER 13, 1995 The meeting was called to order at 7:10 P.M. by Chairman Sanders. Also present were Committee Members Rasmussen and D'Acquisto, Ald. Salentine, Police Chief Johnson and those per the attached list. The Committee noted that the meeting was posted on Friday, December 8, 1995, in accordance with the Open Meeting Law. The Committee discussed Snowmobile Ordinance. Ald. Sanders gave a brief overview of the Wisconsin Act 61 allowing snowmobiles to operate on highways within a municipality for purposes of residential access or access from lodging to snowmobile routes or trails. Act 61 does not change the City's authority to enact ordinances designating highways as snowmobile routes it merely provides additional authority for the City to allow snowmobiles to operate "on a portion of the roadway or shoulder of a highway for a purpose of residential access or for the purpose of access from lodging". There is some confusion in the terms of ACT 61, especially the definition of what constitutes a "shoulder". Chief indicated that a model ordinance is being drafted and felt it was premature to develop any ordinance. Ald. D'Acquisto also commented on the problem of defining the shoulder. Ald. Rasmussen • indicated that he has received some complaints and suggested that we need to address the private property issues; ie. damage to driveways, etc. Chief Johnson discussed the history of snowmobile regulations. The City of Muskego has used the township rules which are less restrictive than ordinances for the City. At this point, the City of Muskego has not enforced the tougher regulations pending the development of a proposed ordinance from the State. Township rules allow operation on the roadway where City rules do not allow the use of roadways. Mr. Scott Lubecke questioned how we can get to a trail if we can't use the road. Chairman Sanders indicated that it was difficult to say how this will be handled. Mr. Robert Heiser requested that the model ordinance be developed before any changes occur. He would define the shoulder as the entire road right-of-way. Chief Johnson indicated that he felt that the interpretation would be open to permit flexibility. Mr Glenn Dassow indicated that people are putting obstacles on Racine Avenue and wanted to know what could be done. Mr. Tom Hoffman stated that Lochcrest Blvd. has been used in the past and he stated that it still should be used. • Mr. Jerry Pronschinske wanted to know if the road right-of-way ran throughout the entire City. Ald. Sanders indicated that the right-of-way varies and is dependent on the area. Mr. Pronschinske also asked if the City would be interested in RULES, LAWS & ORDINANCE COMMITTEE PAGE 2 - December 13, 1995 • supporting their effort to use WEPCO right-of-ways. Chief Johnson indicated that this would have to be discussed with the Parks & Recreation Board. There are also concerns about cables which may have been removed. Ald. D'Acquisto indicated that we should check with the City Attorney and possibly the Committee Of The Whole should review. He indicated that WEPCO is also concerned about the liability issue. Mr. Glenn Dassow stated that he thought that the person using the trail is liable if the trail is designated. Mr. Keith Groth indicated that this is by State Statute. Ald. D'Acquisto indicated that there may still be a potential for WEPCO to be sued. Since other communities have used their road right-of-ways, Chief Johnson suggested that those communities be approached to see how they solved this problem. Mr. Glenn Dassow stated that some of the problems may be the kids who use the trails. Chief Johnson does not feel anyone should be denied use of the trails. Ald. Sanders stated that there are a few people ruining it for the majority. A suggestion was made to put information on the Public Access Channel. Ald. D'Acquisto stated that the combination of education and enforcement could help reduce the problems. • The Committee determined that another meeting will be scheduled after receipt of the model ordinance and after the City Attorney has had an opportunity to review and provide opinion. Ald. Sanders indicated that the City calendar shows January 10, 1996 as the next meeting date and that that date would be changed if information has not been supplied. Mr. Bob Heise is the present President of the Icetronauts and asked for notification. Mr. Mark Paulat, Grant Administrator, appeared before the Committee to discuss the present burning ordinance for the City of Muskego and how it presently affects lake management, cattail burning and how it relates to shoreline restoration. Presently, the ordinance does not allow any such management. Ald. D'Acquisto moved to send to City Attorney for review. Seconded by Ald. Rasmussen, motion carried 3-0. Ald. D'Acquisto moved to adjourn the meeting at 8:30 P.M. Seconded by Ald. Rasmussen, motion carried 3-0. Respectfully submitted, Ald. Robert Rasmussen Secretary 40 /ca • SIGN -IN SHEET FOR CITY MEETINGS PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU. Meetin4: m 'ifl-�' Shaw m-adl� Lew s