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RLO19791210r E • 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. Al "70 kQ /ft//-e4,471'? >Z, �P�d O.a c L,) l 9 I E7 G qo S -7 7g3 r U 11,914J /075 9.%? C eo vge�iJ /`irc S ec