COMMON COUNCIL Minutes 20090922
COMMON COUNCIL - CITY OF MUSKEGO Approved 10/13/2009
MINUTES OF MEETING HELD SEPTEMBER 22, 2009
The meeting was called to order at 7:30 p.m. by Mayor Johnson. Also present were
Ald. Fiedler, Schneider, Werner, Borgman, Harenda, and Snead, Planner
Trzebiatowski, City Attorney Molter and Deputy Clerk Blenski. Ald. Schaumberg was
absent. Those present recited the Pledge of Allegiance. The Deputy stated that the
meeting was noticed in accordance with the open meeting law on September 18, 2009.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Johnson stated that County Executive Vrakas would appear at the 10/13
Committee of the Whole meeting.
NEW BUSINESS
Reso. #141-2009 - Authorizing the Issuance of a Summons as to Complaint Regarding
the Fermented Malt Beverages and Intoxicating Liquors License of Lynway, Inc.
Reso. #142-2009 - Approving the Stipulation and Entering the Determinations
Regarding the Fermented Malt Beverages and Intoxicating Liquors License of Lynway,
Inc. Borgman moved for adoption of both resolutions. Schneider seconded.
The Mayor and Attorney Molter reviewed the facts regarding Resolutions #141-2009
and #142-2009. Police Captain John La Tour filed a Complaint against Lynway, Inc.
(d/b/a Bushy’s). Attorney Roger Pyzak was hired to represent Captain La Tour.
Attorney Ray Dall’Osto is present representing Lynway, Inc. A stipulation has been
negotiated among the parties involved. It was noted that the responsibility of the
Council was to determine if the 14-day suspension would be accepted. If the Council
decides not to accept the suspension, the matter will come back before the governing
body.
The Mayor stated that he did receive approximately 100 letters in support of the Bushy’s
establishment.
Attorney Pyzak provided the following information that was used to reach the stipulation:
The license holder did not have any previous suspensions.
Two employees of the establishment were involved and subsequently charged by
the District Attorney with felony battery.
The establishment has operated in the City for over 20 years.
The license holder has taken steps to ensure that the situation does not occur again.
There have been no other issues since January 2009.
A civil lawsuit has been filed against Lynway, Inc.
The suspension will have a punitive effect on the establishment.
The establishment plans to close for the two-week suspension period.
The Police Dept. wants to send a message that this behavior will not be tolerated.
The cost factor of holding a hearing was also considered.
Attorney Dall’Osto provided the following comments:
The suspension will have a substantial impact on his client.
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September 22, 2009
The establishment’s employees will also be affected.
The establishment is an asset to the community.
The two employees that were charged have been terminated.
The license holder has taken steps to improve procedures and train employees.
New security equipment has been installed.
The license holder does understand that this cannot happen again.
Attorney Dall’Osto suggested that the licensee and Police Department meet in the
future to review concerns and move forward so this does not occur again. The Mayor
noted that the Police Department could report the outcome of that meeting to the
Council.
Ald. Snead and Borgman expressed concern that the 14 days was not enough in light of
the severity of the incidents. Ald. Werner stated he believes the 14-day suspension will
change the behavior. Ald. Schneider stated that the 14 days is on the light side, but it is
what was negotiated. Ald. Fiedler stated that he believes the stipulation is reasonable.
Ald. Harenda moved to defer to receive additional information. Ald. Borgman
seconded. Motion failed with Fiedler, Schneider, Werner and Snead voting no
and Borgman and Harenda voting yes.
Captain La Tour explained how the Department would monitor the establishment during
the suspension. However, it is the licensee’s intent to be closed for the two-week
period.
Reso. #141-2009 - Authorizing the Issuance of a Summons as to Complaint Regarding
the Fermented Malt Beverages and Intoxicating Liquors License of Lynway, Inc.
Motion to adopt carried with Fiedler, Schneider, Werner and Snead voting yes and
Borgman and Harenda voting no.
The Council took a brief recess to sign the documentation.
Reso. #142-2009 - Approving the Stipulation and Entering the Determinations
Regarding the Fermented Malt Beverages and Intoxicating Liquors License of Lynway,
Inc. Motion to adopt carried with Fiedler, Schneider, Werner and Snead voting
yes and Borgman and Harenda voting no.
PUBLIC HEARING
The Deputy read the public hearing notice to consider petition of John Podziemski to
rezone property located on Loomis Drive (Tax Key Number 2259.995.004) from RSE -
Suburban Residence District to B-3 - General Business District for the purpose of a
future beauty salon.
Mr. Trzebiatowski stated the proposed rezoning petition is for a vacant parcel on Loomis
Drive. The petitioner is requesting the rezoning to develop and open a beauty salon.
The proposal is consistent with the 2020 Comprehensive Plan. The new 2020 Plan
does show this area as commercial land use. The petitioner has submitted a basic
development plan. The Plan Commission will have to review and make a
recommendation regarding the rezoning petition. It will also have to approve the
Building, Site and Operation Plan. The rezoning is contingent upon this approval. Mr.
Common Council Minutes Page 3
September 22, 2009
Trzebiatowski stated that it appears the proposal will fit with the newly adopted
principles of the 2020 Comp Plan. The Mayor stated that a letter was received from
Ramona Machulak in opposition to the rezoning.
John Podziemski stated he took all the recommendations given to him by the Plan
Department as well as his Alderman. He did make contacts with the adjoining property
owners.
Mayor Johnson declared the hearing closed at 8:40 p.m.
CONSENT AGENDA
Ald. Werner moved to approve the items under the Consent Agenda. Ald.
Borgman seconded. Motion carried 6 in favor.
The following items were approved:
Common Council Minutes of September 8, 2009
Operators’ Licenses for Rebecca Jankowski, Heidi Kirchner, Gina Smukalla, Jeff
Strasser and John Strasser
Reso. #137-2009 - Award of Bid - Muskego Canal Bridge
Reso. #138-2009 - Approval of Agreement between the City of Muskego and Humane
Animal Welfare Society (HAWS) for 2010, 2011 and 2012
Reso. #139-2009 - Re-approval of Preliminary Plat for Wildflower Farms Subdivision
Reso. #140-2009 - Resolution to Set Public Hearing Date for 2010 Budget
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 8/25/2009 Finance Committee and 8/10/2009
Parks & Recreation Board.
OLD BUSINESS
Ord. #1301 - An Ordinance to Amend Chapter 17 Zoning Ordinance, Section 13, of the
Municipal Code of the City of Muskego (Wellhead Protection Overlay District). On the
floor, deferred 9/8/2009. Ald. Borgman moved to defer. Ald. Fiedler seconded;
motion carried.
Ord. #1304 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Podziemski - RSE to B-3). First Reading.
Ord. #1305 - An Ordinance to Amend Chapter 10, Section 10.05 (16), of the Municipal
Code of the City of Muskego (Storage of Motor Vehicles). First Reading.
LICENSES
Ald. Fiedler moved to approve the Temporary License for the Sale of Wine for the
St. Leonard Christian Mothers on 11/8/2009. Ald. Schneider seconded. Motion
carried 6 in favor.
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September 22, 2009
VOUCHER APPROVAL
Ald. Fiedler moved for approval of payment of General Vouchers in the amount of
$454,103.48. Ald. Snead seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of
$69,153.68. Ald. Snead seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
The October calendar was reviewed. The December 22 Council meeting will be
canceled.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Fiedler noted that InPro was named one of the top fastest growing businesses in
the Milwaukee Metro area.
ADJOURNMENT
Ald. Snead moved to adjourn at 8:46 p.m. Ald. Fiedler seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk