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ccm19701013COMMON CODNCIL CITY OF MUSKEGO MINHTES OF MEETING HELD OCTOBER 13, 1970 Mayor Gottfried called the meeting to order at 7~43 P.M. PRESENT: Mayor Jerome Gottfried, Aldermen Robert Burgermeister, Harold DeBack, John Dwyer, Frank Narlock, Lois Sapp and Walter Wollman. Also present wcas City Clerk Bette J. Bowyer. 0 ABSENT: Ald. Charles Foldy. MINUTES : Ald. Wollman moved to approve the minutes of the meeting held September 22, 1970, as mailed. Ald. Burgermeister seconded the motion and the motion carried. COMMITTEE REPORTS Ald. Sapp presented the report of the Finance Committee meetings held on September 30th and October 7th, 1970, and moved that the reports be accepted and placed on file. Seconded by Ald. Narlock. Motion carried. Ald. DeBack presented the report of the Public Works Committee a meeting held on October 8, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Burgermeister. Motion carried. Ald. Sapp presented the report of the Public Safety Committee meeting held on September 24, 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 October 8, 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 & Ordinance Committee meeting held on October 1, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Narlock. Motion carried. Ald. Burgermeister presented the report of the Public Sewer Committee meeting held on October 7, 1970, and moved that the report be accepted and placed on file. Seconded by Ald. Wollman. Motion carried. The minutes of the Plan Commission meeting held on October 6, 1970, were received and placed on file. .COMMlJNICATIONS FROM THE MAYOR'S OFFICE Mayor Gottfried reported that it is his intention to propose an amendment in the ordinance establishing the Capital Budget Committee which would include a member of the Watershed Commission. Mayor Gottfried assured the aldermen that legal counsel would be obtained regarding the sewer construction program of Ramplex and that adequate safeguards are available to assure completion of the project. * The Clerk read Mayor Gottfried's veto message of Resolution 11163-70, As Amended. Mayor Gottfried advised the aldermen that if they did not wish to take action on his veto because of the absence of one alderman, they could continue this meeting by adjourning to a certain day and time. The title of Resolution #163-70, As Amended, being, Indicating Intent to Rezone 13 Acres on the George Schaefer Parcel to RSM with an a OPD Overlay. page 2 - Common Council October 13, 1970 UNFINISHED BUSINESS Ordinance #180 - An Ordinance to Amend Sec. 8.01(7) B.2 of the Mun- 9 icipal Code (Accessory Buildings) The Clerk gave the second reading of the ordinance. Ald. Narlock moved for the adoption of same. Seconded by Ald. - Dwyer. Upon a roll call vote, the motion to adopt Ordinance #180 carried unanimously. @ Ordinance I~181 - The Clerk gave the second reading of Ordinance #181, entitled, An Ordinance to Amend Sec. 12.10 (l)(a) and Sec. 12.10(2)(c) of the Municipal Code (Re: Trailers). Ald. Narlock moved for the adoption of same, seconded by Ald. Dwyer. Upon a roll call vote, the motion to adopt Ordinance #lSl carried unanimously. Ordinance #182 - The Clerk gave the second reading of Ordinance #182, entitled, An Ordinance to Amend Sec. 6.04(4)G.3 of Ch. 17 of the Municipal Code (Re: Camping Trailers). Ald. Narlock moved for the adoption of Ordinance #182. Seconded by Ald. Dwyer. Upon a roll call vote, the motion to adopt Ordinance #182 carried unanimously. NEW BUSINESS l Resolution #207-70 - Designating Halloween Handout Activities Be Held On October 30, 1970, Between the Hours of 5:30 P.M. and 8:00 P.M. The Clerk read the resolution. Ald. Burgenneister moved for the adoption of same, seconded by Ald. Dwyer. Upon a voice vote, motion carried. Resolution #208-70 - Designation of Legal Lots (Buehler). The Clerk read the resolution. Ald. Burgenneister moved for adoption, seconded by Ald. Sapp. Upon a voice vote, motion carried. Resolutioti #209-70 - Designation of Legal Lots (Bleichrot). The Clerk read the resolution. Ald. Burgermeister moved for adoption, sec- onded by Ald. Dwyer. Upon a voice vote, motion carried. Resolution #210-70 - Authorizing Ruekert & Mielke to Design a Sewer System for Industrial Park. The Clerk read the resolution. Ald. .Wollman moved for the adoption, seconded by Ald. Sapp. Upon a roll call vote, the motion to adopt carried unanimously. Resolution #211-70 - Authorizing Ruekert & Mielke to Design Water l System and Apply to the State of Wisconsin for the Establishment of the Utility. The Clerk read the resolution. Ald. Narlock moved for the adoption of same, seconded by Ald. DeBack. Upon a roll call vote, the motion carried unanimously. Resolution #212-70 - Authorizing the Transfer of Funds. The Clerk read the resolution. Ald. Wollman moved for adoption. Seconded by Ald. Narlock. Upon a roll call vote, the motion to adopt Resolution #212-70 carried unanimously. Resolution #214-70 - Authorizing the Hiring of Sewer Inspectors. The l Clerk read the resolution. Ald. Sapp moved for adoption. Seconded by Ald. Burgermeister. Upon a roll call vote, the motion to adopt carried unanimous Resolution i/215-70 - Accepting the Low Bid of Lindner Bros. to Install Lateral on Westwood Dr. The Clerk read the resolution. Ald. Wollman moved for adoption, seconded by Ald. Sapp. Upon a roll call vote, the motion to adopt Resolution i/215-70 carried unanimously. a Page 3 - Common Council October 13, 1970 Resolution l/216-70 - Authorizing the Purchase of a Posthole Digger. The Clerk read the resolution. Ald. Wollman moved for adoption, seconded by Ald. DeBack. Upon a roll call vote, the motion to adopt Resolution #216-70 carried unanimously. Resolution #217-70 - Authorizing the City of Muskego to Pay Portion of Wisconsin Retirement Employee's Contribution. The Clerk read the resolution. Ald. Narlock moved for adoption, seconded by Ald. Dwyer. e Jpon a roll call vote, the motion to adopt carried unanimously. Resolution #218-70 - Ald. Sapp moved to suspend the rules in order that this resolution could be acted upon at this meeting. Seconded by Ald. Narlock. Upon a roll call vote, the motion to suspend the rules carried unanimously. The Clerk read Resolution #218-70, entitled, Author- izing Appraisal of City Owned Land. Ald. Sapp moved for adoption, seconded by Ald. Narlock. In answer to a question from Ald. DeBack, Mayor Gottfried assured him that the appraiser retained would be registered with the State of Wisconsin. Upon a roll call vote, the motion to adopt Resolution i/218-70 carried unanimously. Resolution #219-70 - Accepting the Low Bid for the Grading and Street Installation of the Industrial Park. Ald. Wollman moved to suspend the l rules that would interfere with the adoption of Resolution #219-70, sec- onded by Ald. Narlock. Upon a roll call vote, the motion to suspend the rules carried unanimously. The Clerk read the resolution. Ald. Wollman moved for adoption of Resolution #219-70, seconded by Ald. Sapp. In answer to a question from Ald. DeBack, Mayor Gottfried advised that once the contract between Stoehr Grading, Inc. and the City is approved by the City Attorney and the Finance Committee assured that sufficient funds are available, the contractor must commence work within ten days. Upon a roll call vote, the motion to adopt Resolution #219-70 carried unanimous Ordinance #183 - The Clerk gave the first reading of Ordinance i/183, entitled, An Ordinance to Amend Sec. 9.01 (l)(c) of the Municipal Code (Re Prohibiting Discharge of Rim Fired Cartridge within the city limits) Recess declared at 9:05 P.M. and meeting reconvened at 9:15 P.M. VOUCHER APPROVAL - Ald. Sapp moved for the approval of payment of sewer vouchers in the amount of $97,206.21, payable October 13, 1970. Seconded by Ald. Wollman. Upon a roll call vote, the motion carried unanimously. l LICENSE APPROVAL - Ald. Sapp moved for the approval of Operator's Licenses for Diane Kwasigroch, Lanny La Dell and John Collins subject to receipt of favorable Medical Reports. Seconded by Ald. Narlock, motion carried, Ald. Sapp moved for the approval of an Operator's License for Nancy Crewz subject to receipt of favorable Fingerprint Report. Seconded by Ald. Wollman, motion carried. Ald. Wollman moved for approval of an Operator's License for Jacqueline Von Rixel. Seconded by Ald. Narlock, motion carried. 1Y. CITY OFFICIAL'S REPORTS - The Clerk presented the Building Report for the month of September, same placed on file. 0 The Clerk presented the Financial Report for the month ending September 30, 1970, showing total assets in the amount of $303,887.89. Report placed on file. COMMUNICATIONS AND MISCELLANEOUS BUSINESS - The Clerk read a communicat- ion from Mrs. Merle Farnham. Chairman of the Waukesha Blood Donor Club l thanking the community for support of the September blood bank. Page 4 - Common Council October 13, 1970 The Clerk read a communication from Delbert B. Miller, directed to the Common Council, dated October 5, 1970, requesting variance of Lot 1 Blk 1, Lendale Heights. Communication referred to Sewer Committee and Plan Commission. The Clerk read a communication from James Blake, directed to the Common Council, dated October 13, 1970, regarding his contract for purchase and sale of industrial orooerty in the Industrial Park. Connnunication y: eferred to Finance Committee - The Clerk read a communication from MIT% Wm. B. Drake, directed to the Aldermen, expressing appreciation for their thoughtfulness during her husband's illness. The Clerk read a Notice directed to the City of Muskego from Kenneth J. Dunlap, Attorney at Law, regarding William B. Drake. The Clerk read a communication from City Attorney Buckley, directed to the Mayor and Council, dated October 8, 1970, rendering legal opinion regarding the lease agreement between the City of Muskego and Lydia and Carl Wauer. l At 9:42 P.M. Ald. Burgermeister moved to recess the meeting until 7~30 P.M. on October 27, 1970. Seconded by Ald. Wollman. Upon a voice vote the motion carried. Respectfully submitted, " m"7\ity Clerk Bette J. Bowyer, CITY OF MUSKKGO October 5, 1970 TO: IRE HONORABLE ALDERMEN OF THE CITY OF MUSKEGO a FROM: MAYOR JEROME J. GOTTFRIED Gentlemen: * On September 22, 1970, your honorable body adopted Resolution #163-70, indicating your willingness to rezone 13 acres of the George SchaeferpropeLtYto RSM with an OPD Overlay. The rezoning, when accomplished, will permit Northland Developers to construct 36 one bedroom, 36 two bedroom and 36 three bedroom apartment units. On September 25, 1970, the City Clerk was advised of my in- tention to veto your action. Exercising the right to veto has never been easy for me. It is my philosophy that the power of veto must be used judiciously and never for the purpose of forcing my personal views on the Council. Rather, the veto is a means by which the aldermen are able to take a second glance at the issue before them. It also gives the Mayor a the opportunity to review with the aldermen the facts and the ram- ifications of their action. In the matter of Resolution #163-70, there are several things that bother me and I would like to discuss them with you. Reaction to the proposed development by residents near the area has been overwhelming in its opposition. Although some of the objectors do not want any rezoning, the majority, from my dis- cussionwith them, are objecting to the type of development which includes 36 three bedroom units. These people do not feel there should be a rezoning unless it is totally beneficial to the city. The validity of any zoning ordinance is based on the premise that it protects the homeowner and the city from irresponsible development. When the Council considers a rezoning request, they are obligated to evaluate what affect that change might have on the residents of the area and what value such a change would be to the . 4 city. The financial gain possible to the developer or the landowner must be secondary to all other consideration. In the case of Northland Developers, they have chosen to use the Planned Development concept in order that they may, within the 13 acres, create a much greater density than would ordinarily be permitted under the RS2 zoning. Under the present zoning of RS2 about 22 single family homes of 1400 square feet could be constructed. This compares to the 108 units they are planning to build, 36 of which will be three bedroom. Considering those figures it becomes obvious that the developer is able to gain a great deal more finan- cially from the 13 acres than he ordinarily would. e It is my contention that Northland Developers should then be willing to give to the city a development without any three bedroom units or at least no more than 10 per cent of the total. This kind of development then becomes a great asset to the community with very little liability to the city's taxpayers. c Page 2. The 36 three bedroom units included in the total development will have, according to Mr. Cunningham, a valuation of $15,500.00 per unit. $15,500.00 valuation for a unit which could conceivably house a family of five or six people will do very little to help a us in our efforts to add benefically to the city's tax base. You are all aware that the greatest challenge we face is how to provide needed growth without creating burdensome pressure on our school system. Particularly, when those pressures could re- 0 quire additions to school facilities which the taxpayer can ill afford. By using the tools available to them, such as zoning laws, subdivision control ordinances and sewer extension policies, the Council is in the unique position whereby they are able to delay the need for additional school facilities. It is their responsibil- ity to use them to the city's advantage. A look at the areas presently served by municipal sewers and already zoned for either multiple or single family residences re- veals that approximately 500 acres are available for three or four bedroom developments. Developments over which this city would have very little control. Relocation Realty Co. has suggested 152 three and four bedroom units on 16 acres of land and just recently a 120 three and four bedroom development has been suggested for the Lazynski property. What I am trying to point out is that since we have little control over the development of acres already zoned it would be a mistake to accept a project which would only add to our problems. I believe the area in question has potential for multiple family development. Certainly one and two bedroom apartments could provide needed housing for our young married people as well as the elderly. Had Northland Developers proposed a one and two bedroom complex I would have supported it. However, it would be a serious mistake to ignore the fact that the advent of sewers will bring residential development and its inherent problems to this city. Problems which we are not ready to cope with financially, particularly if it comes too rapidly. There- fore, it is a, mistake, in my opinion, to accept anything but the 4 . best developments, particularly when the city is able to dictate the terms as we are under Planned Development. I respectfully urge you join with me in giving notice to the developer interested in our city, that we are looking for the best, not second best. That our concern is for the taxpayer and not the financial gains of the developers and that we recognize the need for growth, but are not willing to sacrifice all just. for growth itself. These are some concerns I have had regarding Resolution #163-70 and why I decided to veto your action. I ask your support in sus- l taining that veto. I JJG/je