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ccm19690527COMMON COUNCIL CITY OF MUSKEGO MINUTES OF REGULAR MEETING HELD MAY 27, 1969 - CITY HALL Mayor Wieselmann called the meeting to order at 7:41 P.M. a PRESENT: Mayor Donald Wieselmann, Aldermen Edmund Budish, Robert Burger- meister, Harold DeBack, Kenneth Cooley, Frank Narlock, Lois Sapp and Walter Wollman. Also present were City Clerk Bette Bowyer and City Attorney John P. Buckley. e APPROVAL OF MINUTES: Ald. Budish moved that the minutes of the regular meeting held May 13, 1969 be accepted, as mailed, and placed on file. Seconded by Ald. Burgermeister. Motion carried. COMMITTEE REPORTS Finance Committee: Ald. Narlock presented the report of the Finance Committee meeting held May 22, 1969 and moved that the report be accepted and placed on file. Seconded by Ald. DeBack, motion carried. Public Works Committee: Ald. DeBack presented the report of the Public Works Committee meetings held on May 15 and May 22, 1969 and moved that the report be accepted and placed on file. Seconded by Ald. Wollman, motion carried. a Public Safety Committee: Ald. Cooley presented the report of the Public Safety Committee meeting held on May 21, 1969 and moved that the report be accepted and placed on file. Seconded by Ald. Sapp, motion carried. Public Welfare Committee: Ald. Burgermeister presented the report of the Public Welfare Committee meeting held on May 21, 1969 and moved that the report be accepted and placed on file. Seconded by Ald. Wollman, motion carried. Rules, Laws & Ordinance Committee: Ald. SaQQ presented the report of the meeting held on May 22, 1969, and moved that the report be accepted and QhCed on file. Seconded by Ald. Narlock, motion carried. Plan Commission: The Minutes of the meeting held on May 20, 1969, were received and will be placed on file, COMMUNICATIONS FROM THE MAYOR'S OFFICE a The Clerk read a Western Union Telegram dated May 27, 1969, directed to Mayor Donald E. Wieselmann from Warren P. Knowles, Governor of the State of Wisconsin, extending his best wishes in the establishment of a new industrial park in the City of Muskego. UNFINISHED BUSINESS Ordinance #143 - An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City of Muskego (Holz-Rambo Subdivision) The Clerk read a communication dated May 27, 1969, directed to the Mayor and Council, a signed by 36 residents of the Holz-Rambo Subdivision and surrounding area expressing their opposition to the proposed rezoning from RS-2 to RS-3. Ald. Sapp requested permission of her fellow aldermen to have two citizens speak. As permission was granted, Mr. Eugene Johnson, W172 S7165 Lannon Drive and Lucille DaMart, W175 S7201 Lake Drive spoke in opposition to the QrOQOSed rezoning pointing out that the standards by which their lots were platted and their homes built were in accordance with the RS-2 a zoning. It was their feeling that it was unfair to lower the standards of the subdivision when they had met with all of the requirements of the ex- isting zoning. Common Council Meeting City of Muskego 5127169 Page 2 Following further discussion, Ald. Sapp moved that Ordinance #143 be referred back to the Plan Commission for further study. Seconded by Ald. Cooley. Upon a voice vote, motion carried. Ald. Wollman requested a that the Plan Commission study the possibilities of a water easement through the area. Resolution #44-69 - Appointment of Samuel P. Murray to Investigate Income Taxes Erroneously Allocated. Upon a roll call vote, the motion to defeat c: Resolution #44-69 carried unanimously. NEW BUSINESS Resolution #65-69 - The Clerk read Resolution 1165-69, entitled, Resolution Vacating Special Assessment on Gerald Beers Property (Valley Dr.) Ald. Sapp moved for the adoption of Resolution $165-69, seconded by Ald. DeBack. Ald. Burgermeister moved to amend the second paragraph, 5th line, to read "15 x 100 foot easement from the street". Seconded by Ald. Sapp. Upon a voice vote, the motion to amend Resolution #65-69 carried. Upon a roll call vote, the motion to adopt Resolution i/65-69, As Amended, carried unanimously. Resolution i/66-69 - The Clerk read Resolution #66-69, entitled, Approval of Promissory Note for Delinquent Personal Property. Ald. Budish moved for the adoption of Resolution l/66-69, seconded by Ald. Narlock. Ald. Burgermeister moved to amend the Promissory Note, 2nd paragraph, to insert the date "1st day of June, 1969" as the date of the first payment. Seconded by Ald. Wollman. Upon a voice vote, the motion to amend Res- olution i/66-69 carried. Upon a roll call vote, the motion to adopt Resolution i/66-69, As Amended, carried unanimously. Resolution 1167-69 - The Clerk read Resolution #67-69, entitled, Approval of Agreement with L. G.'Arnold Regarding Top Soil-Fill. Ald. Budish moved for the adoption of Resolution 1167-69, seconded by Ald. Narlock. Upon a roll call vote, the motion to adopt Resolution #67-69 carried unanimously. Resolution #68-69 - The Clerk read Resolution Y/68-69, entitled, Designation of Legal Lot (Marjorie Schmidt) .AI.d, Narlock moved for the adoption of Resolution i/68-69, seconded by Ald. Wollman. Upon a roll call vote, the motion to adopt Resolution $168-69 carried unanimously. l Resolution #69-69 - The Clerk read Resolution #69-69, entitled, Authorizing the City of Muskego to Retain the Services of Gazinski - Schulze - Zemanovic, Architects for Civic Center. Ald. DeBack moved for the adoption of Resolution #69-69, seconded by Ald. Narlockl Ald. Burgenneister questioned the City assuming another obligation at this time before the city's finan- cial status is analyetdd as to borrowing power limitations in relation to further needs. Ald. Cooley asked that the schedule of architectural services be defined dollarwise so as to determine the city's liability as the phases progress. The Clerk read a communication directed to the Civic Center Committee from the firm of Gazinski - Schulze - Zemanovic which reviewed their schedule of architectural fees. Mr. Edmund Gazinski a. of the firm explained the various phases of their proposal. Upon a roll call vote, the motion to adopt Resolution $169-69 carried unanimously. Resolution #70-69 - The Clerk read Resolution #70-69, entitled, Appointment of Tax Researchers, Inc. to Investigate Income Taxes Erroneously Allocated. Ald. Narlock moved for the adoption of Resolution 1170-69, seconded by Ald. Budish. Ald. Cooley requested that the Finance Committee try to negotiate with Tax Researchers, Inc. to perhaps lower the 25% fee charged to 20% on l amounts claimed over $l,OOO.OO. Upon a roll call vote, the motion to adopt Resolution #70-69 carried unanimously. Common Council Meeting City of Muskego 5127169 Page 3. Ordinance 11144 - The Clerk gave the first reading of Ordinance i/144, entitled, An Ordinance to Amend Sec. 12.01(5)(b) of the Municipal Code of the City of Muskego (Re: Class "A" Liquor Licenses) 0 Ordinance $1145 - The Clerk gave the first reading of Ordinance i/145, entitled, An Ordinance to Amend Sec. 1.05(2) of the Municipal Code Re- lating to Membership of the Plan Commission. Ald. Burgermeister moved e to suspend the rules that would allow Ordinance #145 to have the second reading. Seconded by Ald. Wollman. Upon a roll call vote, the motion carried unanimously. The Clerk gave the second reading of Ordinance $1145. Ald. Wollman moved for the adoption of Ordinance #145, seconded by Ald. Burgenneister. Upon a voice vote, the motion to adopt Ordinance #145 carried. LICENSE APPROVAL - Ald. Narlock moved for the approval of an Operator's License for Alvin Platz. Seconded by Ald. Cooley. Upon a voice vote, motion carried. Ald. DeBack moved for the approval of an Operator's License for Jean Young pending receipt of favorable fingerprint and medical reports. Seconded by Ald. Narlock. Upon a voice vote, motion carried. VOUCHER APPROVAL - Ald. Narlock moved for the approval of payment of general vouchers as of May 27, 1969, in the amount of $132,916.60. Seconded by Ald. Budish. Upon a roll call vote, the motion to pay the vouchers carried unanimously. Ald. Narlock moved for approval of payment of sewer vouchers, payable May 27, 1969, in the amount of $118,939.12. Ald. Burgermeister expressed concern that some of the contractors have not fulfilled their obligations to the city. Ald. Sapp moved that $4,901.01 be withheld~ from the payment to W. J. Lazynski. Seconded by Ald. Burgermeister. Upon a roll call vote, the motion to amend the sewer payment carried unanimously. Upon a roll call vote, the motion to pay the sewer amount, as amended, carried unanimously. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Mayor Wieselmann declared a recess at 9:30 P.M. and the meeting reconvened at 9:45 P.M. Ald. Wollman requested permission of his fellow aldermen to have Attorney David Haas speak. Attorney Haas, representing several residents of Southern Heights Subdivision, presented his reasons as to why he felt the present zoning of the Parkland Plaza area was not legal. It was his request that the Common Council set a new public hearing date for rezoning. Attorney Buckley defended his legal opinion rendered on May 6, 1969, relative to the present zoning of the area involved. Mayor Wieselmann declared a recess at lo:15 P.M. and the meeting re- convened at lo:20 P.M. Ald. Narlock requested permission of his fellow aldermen to have several citizens from his ward speak. The Clerk then read a communication directed to Ald. Frank Narlock of Ward V from George J. Vogel, S74 W20976 Field Dr., listing various zoning violations within his ward. Mrs. Sylvester Ksobiech, Mr. Fred Washa, Mr. Marvin Diehl and Mrs. Hal- brucker, residents of Hillendale Dr., all spoke as being opposed to existing conditions surrounding the City Dump and the Wauer Rendering Plant. Attorney l Clayton Cramer, representating the Wauers, spoke in their behalf and in- dicated a willingness to meet with city officials at any time to discuss existing problems. The Common Council reviewed a new layout, prepared by City Engineer Kel- senberg, for 180 acres for the industrial park. ~~~ri~~oley moved to-adjourn the meeting, . Meeting adJourned at 11:25 P.M. seconded by Ald. Budish, motion Bette .I Bowver Citv Clerk