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
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