RLO19960327• RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD WEDNESDAY, MARCH 27, 1996
The meeting was called to order at 7:05 P.M. by Chairman Sanders.
Also present were committee members Rasmussen and D'Acquisto,
Chief Johnson and those per the attached list. Mayor De Angelis
arrived at 7:10 P.M.
The committee noted that the meeting was posted on 3/21/96 in
accordance with the Open Meeting Law.
The committee further discussed proposed Snowmobile Ordinance.
Chief Johnson covered the changes from his previous memorandum as
outlined in his second draft dated March 27, 1996 (attached).
Chief Johnson advised that city laws do not allow the use of
snowmobiles in the city. A new state law allows access to
trails. Dave Pliss voiced his concern about access in the eastern
portion of the city. Charles Schulz questioned the ten feet from
roadway, as in most cases that would put a person into the middle
of the ditch. Chief explained various terms including roadway,
right-of-way, and shoulder. Ald. D'Acquisto indicated that a
request to Waukesha County has been made for additional street
lighting for the intersection of Racine Avenue & Janesville Road,
but it was turned down. This creates a hazard and the addition of
• snowmobiles would increase the risk. Steve Schultz questioned
where he would be able to park his trailer if he had to trail the
snowmobile? Scott Kura suggested changing the hours of
operation. Mayor De Angelis stated that we would not be here if
we weren't interested in providing reasonable access for
snowmobiling. Chief Johnson indicated that there were many
property damage complaints where snowmobiles ran in ditches. Ald.
D'Acquisto advised that he had about thirty complaints covering a
variety of snowmobile issues. He also asked for self -policing of
sport by those involved. Ted Benning stated that he felt the
biggest problem was with Idle Isle being open to boaters and
snowmobilers from outside of the city. Tom Carlson questioned if
snowmobiling could be banned on Little Muskego Lake. Chief
Johnson indicated that snowmobiling could not be banned from
Little Muskego lake. Tom Benning requested that the committee
regulate times and noise and target problem areas. Jerry
Pronschinske questioned if right-of-way could be operated along
whole length. Ald. Rasmussen indicated that the access to WEPCO
right-of-way would have to be determined by the Parks & Recreation
Board and ultimately by the Wisconsin Electric Power Company.
Ald. D'Acquisto suggested that in addition to Chief's proposal, he
would recommend extending the trail to all of WEPCO's
right-of-ways. Ald. D'Acquisto moved to send a request to Parks &
Recreation Board to investigate the use of WEPCO right-of-way for
snowmobiling. Seconded by Ald. Rasmussen, motion carried 3-0.
. Ald. Rasmussen moved to defer action on Chief Johnson's proposal.
Seconded by Ald. Sanders, motion carried 3-0.
RULES, LAWS & ORDINANCE COMMITTEE - PAGE 2
MARCH 27, 1996
• Ald. Rasmussen moved to table discussion of Burning Ordinance as
petitioner has never appeared. Seconded by Ald. D'Acquisto,
motion carried 3-0.
Plan Director Matt Sadowski appeared before the Committee to
discuss the duties of the Plan Commission and Board of Appeals and
what questions go to the Board of Appeals from the Plan
Commission. Director Sadowski read ordinance 17:3.08(2) and there
was concern that Plan Commission is approving items that exceed
the size requirements for outbuildings and questioned whether or
not these requirements can be appealed. Ald. D'Acquisto indicated
that the Plan Commission was allowing items that exceed limits
allowed; such as 2,000 sq. ft. outbuildings in zoning that only
allows 1,000 sq. ft. outbuildings. Ald. D'Acquisto was concerned
as to whether this might require a charter ordinance. Ald.
Sanders questioned if a petitioner can only go to Board of Appeals
if Plan Commission makes a recommendation. Director Sadowski
indicated that this is correct. He also indicated that a list of
what is appealable may be needed. Ald. Sanders asked what items
would be included and Director Sadowski indicated that it would
include basic zoning regulations and size requirements for
outbuildings. Ald. D'Acquisto suggested that we give Director
Sadowski direction so he can work with the City Attorney to
develop the appropriate changes. The goal should be to have Plan
Commission stick to the zoning regulations and any variance would
• be handled by Board of Appeals. Director Sadowski suggested
changing the ordinance back to the original form. Ald. Sanders
requested that the committee be supplied with the original
language prior to adoption of existing ordinance.
The Committee reviewed with Chief Johnson his memorandum of March
22, 1996, regarding changes to Chapter 7 of the Municipal Code.
The Wisconsin Department of Transportation recently repealed
Chapter MVD-5 and replaced it with Administrative Rule "Trans
305". Trans 305 is the primary vehicle equipment rule used by
police to enforce vehicle equipment violations. Chief Johnson is
requesting that Chapter 7.01 be amended to delete any reference to
MVD-5 and replace with "Trans 305". Ald. D'Acquisto moved to
recommend approval of above ordinance amendment to delete any
reference to MVD 5 and replace with Trans 305. Seconded by Ald.
Rasmussen, motion carried 3-0.
Ald. D'Acquisto moved to adjourn at 10:00 P.M. Seconded by Ald.
Rasmussen, motion carried 3-0.
Respectfully submitted,
Ald. Robert L. Rasmussen
Secretary •
/ca
• SIGN -IN SHEET FOR CITY MEETINGS
PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU.
7 7
Meeti
•
1\
11
,t_ SIGN -IN SHEET FOR CITY MEETINGS
PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU.
I
—LAQ/ S Date: 312
NAME: ITEM
��ACL it S /4 7Gh4��-H�
��� dawn Ilan�'e kol,r
Ll