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ccm19680213COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD FEBRUARY 13, 1968 Mayor Gottfried called the meeting to order at 7:SO P.M. l , PRESENT: --- Mayor Gottfried, Aldermen Edmund Budish, Sivier Joost, Jr., e S. Robert Lentini, Roland Linck, Frank Narlock, Donald Wieselmann and Walter Wollman. Also present were Attorney Norman C. Fritz and City Clerk Bette Bowyer. MINUTES: Alderman Budish moved to accept the Minutes of the Common za meeting of January 23, 1968, as mailed. Alderman Wollman seconded the motion and the motion carried. COMMITTEE REPORTS FINANCE COMMITTEE: Alderman Linck presented the report of the Finance F&mnittee meeting held on February 7, 1968, and moved that the report be accepted and placed on file. Seconded by Alderman Joost and the motion carried. PUBLIC WORKS COMMITTEE: Alderman Vieselmann presented the reports i ofhe Public Works meetings held on February 1, 1968 and February 8, 1968, and moved that the reports be accepted and placed on file. Seconded by Alderman Wollman and the motion carried. PUBLIC SAFETY COMMITTEE: Alderman Narlock presented the report of the Public Safety Cattee meeting held on February 5, 1968, and moved that the report be accepted and placed on file. Seconded by Alderman Linck and the motion carried. PUBLIC WELFAPE COMMITTEE: --- No report. .RULES, LAWS & ORDINANCE COMMITTEE: Alderman Joost presented the report of the Rules, Laws 6 Ordinance Committee meeting held on February 7, 1968, and moved that the report be accepted and placed on file. Seconded by Alderman Narlock and the motion carried. PLAN COMMISSION: February-6, The Minutes of the Plan Commission meeting held 1968, were received and placed on file. UNFINISHED BUSINESS - None a - NEW BU_SINESS Resolution $1117-68 - The Clerk read Resolution f/17-68, entitled, Authorizing Wisconsin Natural Gas Co. to Install Main. Alderman Budish moved for the adoption of Resolution 1117-68, seconded by Alderman Wieselmann, motion carried. Resolution 818-68 - The Clerk read Resolution #18-68, entitled, l zFa=g the Request for Completion of Feasibility Study of Little Muskego Lake. Alderman Lentini moved for the adoption of Resolution 818-68, seconded by Alderman Linck. Page 2. In discussion, Alderman Wieselmann indicated that he was not entirely opposed to the Little Muskego Lake Project, however, due to the fact that during the past several weeks he had received many phone .calls from the residents of Ward VI expressing opposition to further expenditures on this project. It was for this reason that he felt obligated to vote "no" on Resolution $118-68. Alderman Budish spoke in opposition to the adoption of the resolution. Aldermen Lentini, Joost and Narlock spoke in favor of the adoption of Resolution 818-68. Upon a roll call vote to adopt Resolution #18-68, Aldermen Joost, Lentini, Linck and Narlock voted "aye". Aldermen Budish, Wieselmann and Wollman voted "no" The motion to adopt Resolution i/18-68 carried. Mayor Gottfried declared a recess at 8:40 P.M. and the meeting re- convened at 8:45 P.M. Resolution #19-68 - The Clerk read Resolution 819-68, entitled, Rejection of Bids for Fountainwood Ditch Project. Alderman Budish moved for the adoption of Resolution 819-68, seconded by Alderman Wollman. Alderman Joost moved to defer action on Resolution 819-78 until the Public Works Committee could review the costs of the bids separately. Seconded by Alderman Lentini. Alderman Budish indicated that the Public Works Committee was looking into the possibility of purchasing a piece of equipment which could be used in cleaning and widening all of the ditches in the City. Prices of machines, both new and used, are being investigated. Alderman Joost requested to change his motion, with the consent of his second, to defer action on Resolution #19-68 until the next Council meeting and figures as to the purchase of a machine could be more definite. Upon a roll call vote to defer action on Resolution j/19-68, Aldermen Joost, Lentini, Linck and Narlock voted "aye" and Aldermen Budish, Wieselmann and \Jollman voted "no" The motion to defer carried. Resolution 820-68 - The Clerk read Resolution j/20-68, entitled, Accepting Bid from Linnan Construction Co. to Rebuild Woods Road Bridge. Alderman Budish moved for the adoption of Resolution-68, seconded by Alderman Wieselmann. Upon a roll call vote, the motion to adopt Resolution f/20-68 carried unanimously. Resolution i/21-68 - The Clerk read Resolution $121-68, entitled Refund for Assessment Errors. Alderman Linck moved for the adoption of Resolution $121-68, seconded by Alderman Budish. Upon a roll call vote, the motion to adopt Resolution #21-68 carried unanimously. Resolution j/22-68 - The Clerk read Resolution 822-68, entitled, ?GiuGTG the State to Correct Intersection on STH 36 in Section 34. Alderman Linck moved for the adoption of Resolution #22-68, seconded by Alderman Narlock, motion carried. Resolution 823-68 - -- The Clerk read Resolution 823-68, entitled, Granting an Extractive Permit to Gravel, Inc. Alderman Lentini moved for the adoption of Resolution #23-6P, seconded by Alderman Budish. Upon a roll call vote, the motion to adopt Resolution #23-68 carried unanimously. Resolution Y/24-68 - The Clerk read Resolution 824-68, entitled, GGing the Request of Gravel, Inc. to Operate an Asphalt Plant. Alderman Lentini moved for the adoption of Resolution #24-68, seconded by Alderman Narlock. Alderman Wollman moved to amend Resolution 824-68 by changing the word "Denying" to "Granting" in the title of the Resolution. Also in the 3rd Paragraph, 2nd line, by changing the word "deny" to "grant'!/ Seconded by Alderman Budish. Budish. l Page 3. Alderman Narlock voiced a strong objection to the amendment as proposed by Alderman Wollman. He reviewed a history of the asphalt plant's existence in the City of Muskego and he urged his fellow Aldermen to vote "no" on the amendment. Further discussion followed with Alderman Lentini also speaking in opposition to the amendment and Aldermen Wieselmann and Budish spoke in favor of the amendment. Upon a roll call vote to amend Resolution #24-68, Aldermen Budish, Linck, Wieselmann and Wollman voted "aye". Aldermen Joost, Lentini and Narlock voted "no". The motion to amend Resolution'#24-68 carried. Upon a roll call vote to adopt Resolution j/24-68, As Amended, Aldermen Budish, Linck, Wieselmann and Wollman voted "aye". Aldermen Joost, Lentini and Narlock voted "no". The motion to adopt Resolution f/24568, As Amended, carried. Resolution #26-68 - The Clerk read Resolution #26-68, entitled, Enter- =1x0 an Agreement with SEWRPC for the Preparation of Tax Bills by IBM. Alderman Linck moved for the adoption of Resolution f/26-68. Seconded by Alderman Budish. Upon a roll call vote, the motion to adopt Resolution f/26-68 carried unanimously. Resolution #27-68 - The Clerk read Resolution #27-68, entitled, Accepting -7--- the Dralnage Easement from Bernard Lindner in Westview Subdivision. Alderman Budish moved for the adoption of Resolution 1127-68. Seconded by Aid.. Wieselmann. Upon a roll call vote, the motion to adopt Resolution #27-68 carried unanimously. Resolution 828-68 - The Clerk read Resolution #28-68, entitled, Estab- lishing the Resale Price of City of Muskego Zoning Ordinance. Alderman JoosO moved for the adoption of Resolution#%-f%,seconded by Alderman Linck. Discussion followed as to the difference between the cost of printing the zoning book and the selling price. Upon a roll call vote, to adopt Resolution 828-68, Aldermen Budish, Joost, Lentini, Linck and Wollman voted "aye". Aldermen Narlock and Wieselmann voted "no". Resolution 829-68 - The Clerk read Resolution j/29-68, entitled, Approval zf Agreement with Donald Hudziak. Alderman Budish moved for the adoption of Resolution $129-68, seconded by Alderman Wieselmann. Mayor Gottfried declared a recess at 9:30 P.M. and the meeting recon- vened at 9:35 P.M. Following discussion, Alderman Budish moved to amend Resolution j/29-68 by changing the figure in the agreement between the City of Muskego and Donald Hudziak from $432.00 to $405.00. Seconded by Alderman Wollman. The motion to amend Resolution #29-68 carried. Upon a roll call vote, the motion to adopt Resolution #29-68, As Amended, carried unanimously. Resolution i/30-68 - The Clerk read Resolution f/30-68, Waiving of guxdining Penn-Fees for New Middle School. Alderman Wieselmann moved for the adoption of Resolution 830-68, seconded by Alderman Wollman. Upon a roll call vote, the motion to adopt Resolution 830-68 carried unanimously. Ordinance #91- The Clerk read Ordinance #91, entitled, An Ordinance Creating the Office of Municipal Justice and Providing for the Operation and Maintenance of the Municipal Court for the City of Muskego, Wisconsin. Alderman Wollman moved to suspend the Rules that would interfere with the adoption of Ordinance #91, seconded by Alderman Joost. Upon a troll call vote, the motion to suspend the Rules carried unanimously. [Upon Alderman Wollman moved for the adoption of Ordinance $191, seconded ' by Alderman Narlock. Upon a roll call vote, the motion to adopt Ordinance 891 carried unanimously. l l Ordinance $192 - The Clerk gave the first reading of Ordinance #92, entitled, An Ordinance to Create Chapter 15 of the Municipal Code Page 4. of the City of Muskego (Electrical Code). Alderman Wollman moved to waive the first reading of the Electrical Code, seconded by Alderman Wieselmann. Upon a roll call vote, the motion to waive the first reading of the Electrical Code carried unanimously. Ordinance #93 - The Clerk gave the first reading of Ordinance 1193, entitled, An Ordinance to Amend the Traffic Code of the Municipal Code of the City of Muskego, Waukesha County, Wisconsin. Alderman Wollman moved to suspend the Rules that would interfere with the adoption of Ordinance #93, seconded by Alderman Wieselmann. Upon a roll call vote, the motion to suspend the Rules carried unanimously. Alderman Wieselmann'moved.for the adoption of Ordinance $193, seconded by Alderman Lentini. Following discussion, Alderman Linck moved to amend Ordinance 1193, Section I, by adding'350.11 Across or upon the land of another without permission by the owner". The question was raised as to the legality of the proposed amendment. Upon a roll call vote to amend Ordinance #93, Aldermen Budish, Linck, Narlock and Wollman voted "aye". Aldermen Joost, Lentini and Wieselmann voted "no". ) Alderman Wieselmann moved to defer action on Ordinance #93, As Amended, seconded by Alderman Budish. The motion to defer action on Ordinance #93, As Amended, carried. Ordinance #94 - The Clerk gave the first reading of Ordinance 894, entitled, An Ordinance Amending Sec. 20.13 of the Municipal Code. Alderman Wieselmann moved for the suspension of the Rules that would interfere with the adoption of Ordinance #94, seconded by Alderman Narlock. Upon a roll call vote to suspend the rules, Aldermen Budish, Lentini, Narlock, Wieselmann and Wollman voted "aye". Alderman Joost and Alderman Linck voted "no". The motion to suspend the Rules carried. Alderman Wieselmann moved for the adoption of Ordinance #94, seconded by Alderman Narlock. Upon a roll call vote, the motion to adopt Ordinance #94 carried unanimously. Resolution l/9-68 - Resolution Levying Assessment. Alderman Linck moved to reconsider Resolution l/9-68. Seconded by Alderman Wollman, motion carried. Alderman Wollman moved to amend Resolution 89-68, 3rd Paragraph, eighth line, by changing the word"March"to "April". Seconded by Alderman Linck, motion carried. Upon a roll call vote to adopt Resolution 89-68, As Amended, the motion carried unanimously. VOUCHER APPROVAL - AldennanBudish moved for the approval of the payment of vouchers in the amount of $68,533.35, payable February 13, 1968. Upon a roll call vote, the motion to pay the vouchers carried unanimously. LICENSE APPROVAL - None CITY OFFICIAL'S REPORT The Clerk read the Treasurer's Report for the month of January, 1968, showing a cash balance as of January 31, 1968, of $503,987.72. Same to be placed on file. The Clerk read the Building Report for the month of January, same to be placed on file. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Alderman Narlock questioned the legality as to whether or not a four-,to three vote of the Council can override a recommendation of the Plan Commission. Question referred to Attorney Fritz for legal opinion. ADJOURNMENT - Alderman Wieselmann moved to adjourn the meeting, seconded by Alderman Joost, motion carried. The meeting adjourned at lo:35 P.M.