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RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD DECEMBER 10, 1979
The meeting was called to order at 8:01 P.M. by Chairman Van Lanen.
Also present were Committee Members Salentine and Pietruszynski,.,Ald. F(
Mayor Jerome Gottfried and those persons as per the attached list.
Ordinance #378, regarding areas of city -owned property to be designated
by Park & Recreation Director where fishing is prohibited and which
had been referred back to this committee by the Common Council was
discussed once again. Ald. Pietruszynski raised the question as to the
director having the authority to post "No Fishing" signs. Ald. Ford
reviewed the facts which necessitated the formulation of said ordinance.
He further stated that if no ordinance existed enforcement was not
possible. Ald. Pietruszynski moved to recommend to the Common Council
that Ordinance #378 be -amended to have the -Common Council be the final
authority on the recommendation of the Park Board or the Director.,
The motion -lost .for - lack of a -second. Ald. _Van Lanen moved -to recommend _
to the Council to authorize the Director as well as the Park Board to
have the final authority on where fishing is to be prohibited. Seconded
by Ald. Salentine. The motion carried with Ald. Pietruszynski voting
"no" -
A lengthy discussion took place as to how it can be determined when a
tavern is in violation of its license, Mayor Gottfried was directed
to determine through the attorney's office as. well as by a review of
previous opinions what is required as evidence,
The committee discussed the possibility of creating an ordinance to
license theaters, Attorney Don Molter's opinion dated 11./19/79 as well
as Attorney Burt Nathins, Legal Council of the Leage of Wisconsin Munici-
palities, were reviewed. Ald, Van Lanen moved to have the city attorney's
office review the United States Supreme Court decision of "Hamling vs.
U.S.". Seconded by Ald. Pietruszynski. Motion carried, During the
discussion Ald. Ford stated he felt it may be a waste of time in light
of the Parkway Theater decision, Mr, Brian Harper, Chairman of the
Kristin Downs Homeowners Association, indicated that their association
would support whatever efforts the city would make towards resolving
the problem. He further indicated that perhaps a review of the Supreme
Court ruling would be helpful,
Mrs. Alan Koester, Circle Drive, suggested that it might be possible to
tax the theater to help offset the additional costs required for police
protection, surveillance, etc. Ald, Pietruszynski moved to have the
attorney's office investigate the possibility of imposing a head tax on
all patrons of adult entertainment, Seconded by Ald. Van Lanen. Motion
carried.
• The committee discussed the possibility of having the premise of Grannys
II rezoned, Mayor Gottfried pointed out the present zoning is resid-
ential which normally prohibits businesses such as taverns, However,
because they were a lawful use when the Town of Muskego adopted its
first zoning ordinance it became a conditional use. He further indicated
that removal of conditional use by the Council would simply make the
tavern a non -conforming use. Mayor Gottfried indicated that neither
the city's zoning ordinance nor state law provides for the possibility
of removing the tavern from the area through zoning,
. The committee discussed the possibility of having a referendum regarding
the Little Muskego Lake dredging project. Mayor Gottfried advised the
committee that since the Lake District is a separate entity (taxing unit)
\the question of whether or not the lake dredging project will or will
not take place is solely up to the members of the district, Ald. Van
Lanen moved to direct the city's attorney to give an opinion as to the
procedure needed forthe formulation of referendum regarding the lake
dredging project and the disposal sites. Seconded by Ald. Pietruszynski.
Motion carried.
Ald. Van Lanen moved to adjourn. Seconded by Ald. Pietruszynski. Motion
carried. The meeting adjourned.
Respectfully submitted,
WS/je Wayne Salentine, Sec'y.
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