RLO19960124• RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD WEDNESDAY, JANUARY 24, 1996
The meeting was called to order at 7:10 P.M. by Chairman Sanders.
Also present were Committee Members D'Acquisto and Rasmussen,
Mayor De Angelis, Chief John Johnson, Ald. Misko, Ald. Salentine
and those per the attached list.
The Committee noted that the meeting was posted on 1/19/96 in
accordance with the Open Meeting Law.
Chairman Sanders provided a recap of the history of the Snowmobile
Ordinance in the City of Muskego and the problem that there is no
legal description of the term "shoulder". The City Attorney has
recommended that the shoulder should mean that portion of the
highway right-of-way immediately adjacent to the roadway which
consists of either gravel or pavement material and is not
designated or ordinarily used for vehicular travel". Ald.
D'Acquisto questioned Chief Johnson about the concern with
enforcement and how the snowmobiler could be stopped? Chief
Johnson responded that unless there is a probable cause, they
could not stop the snowmobiler to question if they were going from
their place of residence to a trail as provided for in the
proposed ordinance.
• Chairman Sanders covered the reason for the ordinance indicating
that we were not enforcing City regulation for snowmobiling which
basically bans snowmobiling. Chairman Sanders read the model
ordinance.
Ms. Cindy Waters, W177 S6981 Wildwood Drive, questioned if she can
still snowmobile on Wildwood Drive. Ald. D'Acquisto indicated
that under current City laws, this is illegal. Mr. Tim Tisch, S73
W14163 Woods Road, questioned the intentions of the Committee.
Ald. Sanders indicated that if nothing is done, snowmobiling would
be banned in the City with the exception of State and County
highways and private trails. Mr. Mark Slocomb, S94 W14358 Ryan
Drive, questioned whether the entire City could be posted and
exceptions noted? Chief Johnson answered that snowmobiling could
be allowed in the entire City or by individual roads. Chief
Johnson was concerned about snowmobiles on roadways or shoulders
creating a dangerous situation. Mr. Mark Bindas, Lannon Drive,
questioned what kind of problems have occurred? Chief Johnson
indicated that most operations, up to now, have been in the ditch
line presenting no problems with traffic. Mr. David Taube, S75
W18687 Kingston Drive, questioned if they could continue to ride
in the ditch line? Chief Johnson indicated that riding along the
road is dangerous because of mailboxes, culverts and plowed snow.
Mark Slocomb questioned if travel could be on the house side of
• the ditch? Ald. D'Acquisto indicated that this is not allowed in
the Wisconsin State Statutes and is undesirable because this is
usually private property.
RULES, LAWS & ORDINANCE COMMITTEE - PAGE 2
JANUARY 24, 1996
• Ms. Cheryl Fries, W175 S7229 Lake Drive, voiced concern about
snowmobiles operating on the lake at 3:00 A.M. and noise
problems. She requested that operation be reduced to 10:00 P.M.
or Midnight, instead of the current 2:00 A.M. She also voiced
concerns with speed on the lake. Mark Bindas stated that there
were
a few "bad apples", but did not think that there are serious
problems. Mr. Jeff Musialowski, S66 W18527 Jewel Crest Drive,
indicated that Muskego's rural nature is changing and some
restrictions are necessary as shown by the model ordinance. He
compared it to other activities such as walking, roller blading,
and similar activities. He felt that they can be operated safely
on the highways and that there has to be enforcement such as speed
limits. He recommended that the entire City be opened up to
snowmobiling. Ald. Salentine questioned if the ordinance is not
enacted, would snowmobiling be banned on all city streets.
Chairman Sanders answered "yes". In regard to the current noise
complaints on the lake, Ald. Rasmussen questioned Chief as to what
kind of enforcement could be done. Chief indicated that he will
send a patrol out on the lake, during early A.M. hours, this
weekend.
Chief Johnson indicated that he, also, is a snowmobile owner, and
that on the smaller subdivision roads there may not be a problem;
there may be a problem on more heavily traveled roads. Ald. Misko
• questioned if we could move the issue forward such as getting a
list of roads that could be used for snowmobiling. He also asked
for the Chief's input in compiling this list.
Chairman Sanders indicated that this is the first meeting where we
have the model ordinance and that the Committee is looking for a
solution to the problem that is within the limits of the Wisconsin
State Statutes. Mr. David Taube stated that because of wear and
tear on machines, there would be limited use of the roadways; the
other option being limiting speeds. Chairman Sanders inquired if
the speed limit could be more restrictive and could be reduced to
10 or 15 miles per hour. Chief Johnson answered that the City
could be more restrictive. Ms. Nancy Borst, S74 W20188 Field
Drive, questioned how much education is provided and how long the
trails are open. She complained about the trail at the edge of
her property and the amount of garbage that is thrown onto her
property. Mr. Dan Lecus questioned access on WEPCO
right-of-way. Ald. Rasmussen stated that this issue should be
addressed by the Parks & Recreation Board.
Ald. D'Acquisto moved that a formal list of desired trails for
possible insertion into the proposed new ordinance be developed by
the Snowmobile Club and submitted to the Committee by the February
meeting. Seconded by Ald. Rasmussen, motion carried 3-0. Mr. Dan
Lecus volunteered to represent the Muskego Icetronauts Club.
• Chairman Sanders read the attached letter submitted to the
Committee from Matthew and Ruby Soik, S68 W18134 Island Drive,
which will become a part of the minutes.
RULES, LAWS & ORDINANCE COMMITTEE - PAGE 3
JANUARY 24, 1996
. Ald. Misko discussed concerns about burning in the City of
Muskego. Ald. D'Acquisto moved to defer further discussion to the
February 28, 1996 meeting. Seconded by Ald. Rasmussen, motion
carried 3-0.
The Committee discussed proposed amendment to Chapter 9, Section
9.14(2) which prohibits burning any materials of any kind on lake
shores and drainage ditches or on or along water courses, which
would add the following:
The burning of cattails, prairies, canary grass, exotic
weed species, brush or similar material on, in or near
a lake, stream or wetland is allowed if they first
obtain a burning permit from the Wisconsin Department of
Natural Resources and any other applicable governmental
agency and notify the Muskego Police Department at
least 24 hours in advance of a burn. The applicant for
said Wisconsin Department of Natural Resources permit
must follow all Wisconsin Department of Natural Resources
guidelines and those of any applicable governmental
agency and/or other City regulations including those
stated in item 3 below (Ord. #755/6/18-92).
Because the issue needs to move forward as the drawdown of Big
Muskego Lake is where burning is requested, Ald. D'Acquisto moved
• to recommend adoption of the above ordinance amendment. Seconded
by Ald. Sanders, motion carried 3-0.
Ald. Sanders moved to adjourn at 9:00 P.M. Seconded by Ald.
D'Acquisto, motion carried 3-0.
Respectfully submitted,
/ca
0
Ald. Robert L. Rasmussen
Secretary
• January 23, 1996
To: The City of Muskego
From: Matthew and Ruby Soik
Subject: Rules, Laws, & Ordinances for local snowmobiling
We have been residents of Muskego for over seven years. Our home is located on the northeast side of
Little Muskego Lake. The section to which our concerns are directed are in the suggested guidelines, item
8, second paragraph which states "Snowmobile activity is constantly growing and local regulation can be
responsive to the public need. Through regulation, a safe, enjoyable snowmobiling environment can be
provided while at the same time controlling undesirable conflict. Understanding is needed by everyone in
the process."
Safety:
We have witnessed snowmobiles moving at estimated speeds of 30 mph within 5 feet of parents and
children ice skating and pulling sleds. This is occurring within 40 feet of our residence. Current
regulation requires a maximum speed of 10 mph within 150 feet of a residence.
Undesirable conflict:
There is no doubt that the increased snowmobile and ATV activity on the lake and within the city has
disrupted the peace of residents with the noise pollution. During the evenings of school vacations and
weekends there are anywhere from 1-6 snowmobiles racing until 3am with the early riser starting up
• again at lam. During the day we have had as many as 50 snowmobiles passing our property (most going
from 25-50mph) within a one hour period. We have contacted the local police. They have refused to
record complaints or provide any support to alleviate the problem. The standard answer we get is "we
can't do anything about it." This has contributed to the problem as word has traveled that Muskego does
not enforce their regulations. This attracts those who are looking to break rules exacerbating the
situation. We do acknowledge that not all of the snowmobilers are disruptive, but unfortunately it only
takes one to impact many people.
Public Need:
It seems reasonable for the public to have a right to sleep at night and enjoy the beauty of the lake without
our safety being at risk. Speaking for ourselves, we both hold full time jobs and are new parents. As
taxpayers to this city, we should have such rights upheld.
In closing, this town has grown immensely over the past few years and the city must adapt its ordinances
to match the new and growing needs. We ask this Council to develop and enforce regulations which
accommodate the safety and peace of its residents.
Respectfully Submitted,
Matthew and Ruby Soik
S68 W18134 Island Drive
414679-1299
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