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ccm19700922COMMON COUNCIL CITY OF MUSKBGO MINUTES OF MEETING HELD SEPTEMBER 22, 1970 Mayor Gottfried called the meeting to order at 7:50 P. M. PRESENT: Mayor Jerome Gottfried, Aldermen Robert Burgermeister, Harold DeBack, John Iwyer, Charles Foldy, Prank Narlock, Lois Sapp and Walter Wollman. Also Present were City Clerk Bette Bowyer and City Attorney John P. Buckley. MINUTES: Ald. Wollman moved to approve the minutes of the meeting held September 9, 1970, as mailed. Ald. Narlock seconded the motion and the motion carried. COMMITTEE REPORTS Ald. Sapp presented the report of the Finance Committee meeting held on September 16, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Narlock. Motion carried. Alci. DeBack presented the report of the Public Works Committee meeting held on September 17, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Wollman. Motion carried. Ald. Poldy presented the report of the Public Safety Committee meeting held on September 10, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. DeBack. Motion carried. Ald. Dwyer presented the report of the Public Welfare Committee meeting held on September 17, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Burgermeister. Motion carried. Ald. Dwyer presented the report of the Rules, Laws 8 Ordinance Committee meeting held on September 10, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Narlock. Motion carried. Ald. Birgermeister presented the report of the Public Sewer Committee meeting held on September 16, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Sapp. Motion carried. The minutes of the Plan Commission meeting held on September 15, 1970, were received and placed on file. COMMUNICATIONS PROM THE MAYOR'S OFFICE Mayor Gottfried advised that the City will soon be advertising for bids to grade 44 acres of the Industrial Park and that they will be opened on Tuesday, November 10, 1970, at 4:00 P. M. UNFINISHED BUSINESS Ordinance #172 - An Ordinance to Rezone Certain Property and to Amend-p of the City (Tess Corners Fire Dept. - Shy Property) Ald. Dwyer encouraged the Common Council to defeat this ordinance as a new location for the sub-station has been chosen and a petition initiated to rezone the new parcel to permit this use. Upon a roll call vote, the motion to adopt Ordinance #172 was defeated by a unanimous vote. .R~o~u~iibn.,#188~~01:;~,~gtppri ation to Join. the.State Insurance Fund. In accordance with recommendation * &-..-&..& Ti/..c&e& c&&i-.i&e, Alderman Resolution #163-70 - George Schaefer Parcel to . Page 2 - Common Council September 22, 1970 Indicating Intent to Rezone 13 Acres on the RSM with an OPD Overlay. Mayor Gottfried advised that this resolution had been rewritten on the basis of the recommendation from the Plan Commission at their meeting September 15, 1970. Ald. Poldy moved to amend Resolution #163-70 into the form presented. the motion carried. Ald. Burgermeister seconded the motion and 'q Discussion followed with Aldermen Poldy, Narlock & DeBack speaking in favor of adopting the amended resolution and Ald. Sapp speaking in opposition. Mayor Gottfried also spoke in opposition and advised that it will be his intention to veto the action if the resolution is adopted, that in his opinion the ratio of three bedroom units is too high. Upon a roll call vote, Aldermen Burgermeister, DeBack, Dwyer, Poldy, Narlock & Wollman voted "aye" and Alderman Sapp voted "no" and the motion to adopt Resolution #163-70 As Amended carried. NEW BUSINESS Resolution #192-70 - Requesting Change in Speed Limit on S.T.H. 24 The Clerk read Resolution #192-70. Ald. Poldv moved to adovt Resolution #192-70. ' Ald. DeBack seconded the motion. Ald. Poldy advised that he has proposed this resolution because of the accident potential and traffic congestion created by the entrances to Fountainwood and Hale Park West Subdivisions. He urged the Council to adopt the resolution. Aldermen Sapp and Wollman opposed the reduction of the speed limit from Hales Corners to Tess Corners as not being a remedy for the problem. Upon a roll call vote, Aldermen DeBaclgDwyer, Poldy, and Narlock voted "aye" and Aldermen Burgermeister, Sapp and Wollman voted "no" and the motion to adopt Resolution #192-70 carried. Resolution #193-70 - Authorizing Peasibility Study for Watershed Commission. The Clerk read Resolution #193-70. Alderman Narlock moved for adoption, Ald. Dwyer seconded, motion carried. Resolution #194-70 - Designation of Legal Lot (Viola Prev). The Clerk read Resolution #194-70. Ald. Poldy moved for Buqiermeister seconded, motion carried. adoption;.Ald. Resolution #195-70 - Determination of Legal Lot The Clerk read Resolution #195-70. Ald. Poldy moved Ald. Burgermeister seconded and the motion carried. Resolution #196-70 - Determination of Legal Lot The Clerk read Resolutlbn #195-70. Ald. Poldy moved Ald. Burgermeister seconded, motion carried. Resolution #197-70 - Determination of Legal Lot The Clerk read Resolution #197-70. Ald. Poldy moved Ald. Burgermeister seconded, motion carried. (Harry P. Buske). for adoption, (Helen Lembezeder) for adoption, Status (P. Spaight) for adoption, Status (H. Manske) Resolution #198-70 - Determination of Legal Lot The Clerk read Resolution #198-70. Ald. Wollman moved for adoption, Ald. Burgermeister seconded, motion carried. Resolution #199-70 - Declaring Legal Lot Status to the Remaining Vacant Lots in Meadowdale Subdivision. The Clerk read Resolution #199-70. Ald. Sapp moved for adoption. Ald. Burgermeister seconded, motion carried. Resolution #200-70 - Initiating Petition for Rezoning in Southern Heights Subdivision. The Clerk read Resolution #200-70. Ald. Sapp moved for adoption, Ald. Burgermeister seconded the motion and the motion carried. It was the unanimous decision of the Council to schedule the hearing time for 7:00 P. M. Resolution #201-70 Culvert Under S.T.H. 24. - Accepting the Low Bid for 20' Extension of The Clerk read Resolution #201-70. Ald. Wollman moved for adoption, Ald. DeBack seconded, and upon a roll call vote the motion carried unanimously. Page 3 - Common Council September 22, 1970 Resolution #202-70 - Establishing the Training Requirements for New Police Officers as Established by the Wisconsin Law Enforcement Standards. The Clerk read Resolution #202-70. Ald. Foldy moved for adoption, Ald. DeBack seconded, motion carried. Resolution #203-70 - Granting Ramplex Construction Co. Permission to Assign its Contract with the City (MSS-6-70). The Clerk read Resolution #203-70. Aid. Wollman moved for adoption, Ald. Sapp seconded, motion carried.unanimously upon a roll call vote. Resolution #204-70 - Accepting the Bid for Purchase of 9.5 Acres of Land (W R '11 & Leon Joseph - $32,500.00). The Clerk read Resolutionmi2Gf70) Ald. Wollman moved for adoption. Alderman Burgermeister seconded the motion. The Clerk read two communications, both of which were dated September 22; 1970, directed to the Mayor and Common Council from Raymond R. Wallner and from David R. Beierle, both communications expressing opposition at the sale of this land at the price quoted and further indicating that the advertisement had not included the full potential of the property. Attorney Buckley recommended that the resolution be tabled as only one bid had been received and suggested that an appraisal be made of the property. The Clerk read the advertisement which had been published. After further discussion, Ald. Wollman moved to defer action on Resolution #204-70 for two weeks and refer it back to the Pinance Committee. Ald. Foldy seconded the motion and the motion carried. Resolution #205-70 - Establishing Salary and Fringe Benefits for the Position of Lieutenant of the Muskego Police Dept. Ald. Sapp moved to suspend the rules that would interfere with the adoption of Resolution #205-70. Ald. Dwyer seconded and upon a roll call vote the motion carried unanimously. The Clerk read Resolution #205-70. Ald. Sapp moved for adoption. Ald. DeBack seconded the motion. Ald. Sapp moved to amend the salary indicated in paragraph three and in (b) to read $10,700.00. Ald. DeBack seconded the motion, motion carried. Upon a roll call vote, the motion to adopt Resolution #205-70 As Amended carried unanimously. Resolution #206-70 - Approving the Purchase of Lands for Highway Purposes from Clarence Baas. Ald. Wollman moved to suspend the rules that would interfere with the adoption of Resolution #206-70. Ald. Narlock seconded and upon a roll call vote the motion carried unanimously. The Clerk read Resolution #206-70. Ald. Wollman moved for adoption, Ald. DeBack seconded and upon a roll call vote the motion carried unanimously. Mayor Gottfried declared recess at 9~38 P. M. and the meeting reconvened at-9:50 P. M. Qrdinance #lBO - The Clerk gave the first reading of Ordinance An Ordinance to Amend Section 8.01 (7) B. 2. of Chapter 17 of the Municipal Code. #ia0 - ivial - Ordinance #la1 - The Clerk gave the first reading of Ordinance : An Ordinance to Amend Section 12.10 (1) (a) and Section 12.10 (2) cc> of the Municipal Code. Ordinance #182 - The Clerk gave the first reading of Ordinance #182 - An Ordinance to Amend Section 6.04 (4) G. 3 of Chapter 17 of the Municipal Code. Page 4 - Common Council September 22, 1970 LICENSE APPROVAL Ald. Sapp moved to approve a Gathering License for St. Leonaids' Ald. Narlock seconded the motion and the motion a Holy Name Society. carried. Ald. Sapp moved to approve a Gathering License for October 24, 1970, for the Muskego Fire Dept. Ladies Auxiliary. Ald. Wollman seconded the motion and the motion carried. l Ald. Wollman moved to approve an Operator's License for Violet Erno. Ald. Narlock seconded the motion and the motion carried. Ald. Sapp moved to approve Operator's Licenses for Kevin Bushberger and Ronald Jazwiak subject to receipt of favorable fingerprint reports. Ald. Narlock seconded the motion and the motion carried. Mayor Gottfried advised that the application of Jacqueline Van Rixel for an Operator's License had been withdrawn due to lack of complete information. VOUCHER APPROVAL Ald. Narlock moved to approve the payment of vouchers in the amount of $133,379.34 payable 9/22/70. Ald. Wollman seconded the motion and upon a roll call vote the motion carried unanimously. CITY OFFICIAL'S REPORTS 0 City Attorney Buckley advised that he is reviewing the explosive ordinance and will soon be submitting opinions on Wauer Dump and the Muskego Shopping Center. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The Clerk read a communication dated September 11, 1970, directed to the Mayor and Common Council from Mrs. Josephine Scheerer, agent for A. Spirer, requesting variance from the Subdivision Control Ordinance to divide property on Martin Drive, same referred to City Attorney Buckley, Rules, Laws & Ordinance Committee and Plan Commission. the was Mr. A petition initiated by Rexall Milam opposing a 6 foot fence on Andrew Sciano property on South Denoon Road and signed by 37 citizens submitted. Ald. DeBack requested permission of his fellow aldermen to allow Milam to speak. Mr. Milam cited his objections to the fence. Ald. Narlock brought to the Council's attention the damage to property as a result of the storage of heavy equipment used in the sewer construction. Mayor Gottfried advised that the city will have the contractors restore the property if possible. ADJOURNMENT Ald. Foldy moved for adjournment at lo:15 P. M. Ald. Burgermeister seconded the motion and the motion carried. Respectfully submitted, Bette J. Bowyer City Clerk bjs 9-25-70