ccm19710608COMMON COUNCIL
CITY OFMUSREGO
MINUTES OF MEETING HELD JUNE 8, 1971
Mayor Gottfried called the meeting to order at 7:45 P.M.
PRESENT: Mayor Jerome Gottfried, Aldermen Robert Burgermeister,
Harold DeBack, Edwin Dumke, Charles Foldy, Frank Narlock, Lois Sapp
and Paul Schaumberg. Also present were City Clerk Bette Bowyer
and City Attorney John Buckley.
Ald. Narlock moved for the approval of the Common Council minutes of
the meeting held on May 25, 1971, as mailed, and that they be placed
on file. Seconded by Ald. DeBack. Motion carried.
Ald. Sapp presented the reported of the Finance Committee meetings
held on June 2 and June 8, 1971, 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 meeting
held on June 7, 1971,,and moved that the report be accepted and placed
on file. Seconded by Ald. Burgenueister. Motion carried.
Ald. Schaumberg presented the report of the Public Safety Committee
meeting held on June 7, 1971, and moved that the report be accepted
and placed on file. Seconded by Aid. Sapp, motion carried.
Ald. Dumke oresented the report of the Rules. Laws 6. Ordinance Committee
meeting held on May 26, 1971, and moved that the report be accepted and
placed on file. Seconded by Ald. Narlock, motion carried.
Ald. Schaumberg presented the report of the Public Sewer/Welfare
Committee meeting held on June 2, 1971, and moved that the report
be accepted and placed on file. Seconded by Ald. Foldy, motion
carried.
The Plan Commission minutes of meeting held 6/l/71 were received and
placed on file.
UNFINISEED BUSINESS
Resolution #lOO-71 - Directing City Attorney to Draft an Ordinance to
Provide for Increase of Fees for Licenses and Permits. Ald. Sapp
moved to amend the resolution by changing the fee for Cigarette Licenses
from $10.00 to $5.00 and by changing the fee of a Class "A" Beer License
from $20.00 to $10.00 in order to coincide with State Statutes.
Seconded by Ald. Narlock. Upon a voice vote, the motion to amend
Resolution #loo-71 carried. Upon a roll call vote to adopt Resolution
8100-71, As Amended, Aldermen Burgermeister, DeBack, Foldy, Narlock
and Sapp voted "aye". Aldermen Dumke and Schaumberg voted "no". The
motion to adopt Resolution #lOO-71, As Amended, carried.
Ordinance #193 - The Clerk gave the second reading of Ordinance 8193,
entitled, An Ordinance to Amend Ordinance i/161, As Amended, Establishing
a Muskego Watershed Commission. Ald. Narlock moved for adoption of
same, seconded by Ald. DeBack. Upon a roll call vote, the motion to
adopt Ordinance #193 carried unanimously.
The Clerk read Mayor Gottfried's veto message of Resolution #104-71,
entitled, Directing City Attorney to Draft Ordinance to Amend the
Zoning Ordinance of the City of Muskego (Re: Javanovich) Ald. DeBack
moved to override the Mayor's veto. Seconded by Ald. Burgermeister.
Common Council - 6/8/71
City of Muskego - Page 2.
Following considerable discussion between several of the Aldermen and
the Mayor regarding which zoning would be more compatible for this
type of use and the time involved for the Conditional Use Petition,
upon a roll call vote to override the veto, Aldermen Burgermeister,
DeBack and Dumke voted "aye" and Aldermen Foldy, Narlock, Sapp and
Schaumberg voted "no". The motion to override the veto did not carry.
COMMUNICATIONS FROM TRE MAYOR'S OFFICE
As a representative of the City and the Chamber of Commerce, Mayor
Gottfried thanked the Aldermen and the young people of the City who
participated in the "Clean and Green Week" program on Saturday, June 5th.
NEW BUSINESS
Resolution i/108-71 - The Clerk read same, entitled, Determination of
Legal Lot Status (B. Lindner). Ald. DeBack moved for adoption, seconded
by Ald. Burgermeister. Upon a voice vote, motion carried.
Resolution a109-71 - The Clerk read same, entitled, Approval of Road
Construction (Carl Wauer) Ald. Burgenneister moved for adoption,
seconded by Ald. DeBack. Ald. DeBack moved to amend the resolution
by adding the following paragraph: "BE IT FURTHER RESOLVED that this
approval is dependent upon the execution of a satisfactory cash bond
in the amount of $10.00 per running foot." Seconded by Ald. Burger-
meister. Upon a voice vote, the motion to amend carried. Upon a roll
call vote, the motion to adopt Resolution #109-71, As Amended, carried
unanimously.
Resolution allO- - The Clerk read same, entitled, Renewal of Ex-
tractive Permit for State Sand & Gravel Co., Inc. Ald. DeBack moved
for adoption, seconded by Ald. Narlock. Upon a voice vote, the
motion to adopt carried.
Resolution #ill-71 - The Clerk read same, entitled, Resolution Authoriz-
ing Conveyance of Land to Frank DeAngelis. Ald. Burgermeister moved
for adoption, seconded by Ald. DeBack. Ald. DeBack requested permission
of his fellow Aldermen to have Mr. Frank DeAngelis speak. As there
were no objections, Mr. DeAngelis reviewed the actions of the Plan
Commission regarding a division of the land which he purchased from
Mrs. Dorothy Boldt which included a 50' dedication for road purposes.
He stated that at the time of the closing of his purchase of land from
Mrs. Boldt he was not aware of the 50' dedication which left some of
his farm buildings on the road right-of-way. It was his request to
have the Council reconsider his problem and do something to safisfy him.
Ald. DeBack moved to defer action on Resolution #ill-70 for two weeks
and to refer the matter to Engineer Barry for further investigation.
Seconded by Ald. Foldy. Upon a voice vote, the motion to defer carried.
Resolution #112-71 - The Clerk read same, entitled, Appointment of
Citizen Member to Watershed Commission (Henry Wolf). Ald. Sapp moved
for adoption, seconded by Ald. Foldy. Upon a roll call vote, the
motion to adopt carried unanimously.
At this time, 9:00 P.M. the regular meeting of the Common Council
recessed in order to hold a Council meeting of the Whole, together
with the Plan Commission members, for the purpose of discussing dev-
elopment in the sewered areas of the City.
The regular meeting reconvened at lo:42 P.M.
Common Council - 6/8/71
City of Muskego Page 3.
Resolution #114-71 - The Clerk read same, entitled, Acceptance of Bids
for 1971 Road Improvement Program, Ald. Burgermeister moved for
adoption, seconded by Ald. Foldy. Upon a roll call vote, the motion
to adopt carried unanimously.
Resolution #115-71 - The Clerk read same, entitled, Authorizing the
Firm of Ruekert & Mielke to Prepare Final Specifications for the Recon-
struction of Woods Road and the Public Works Committee to advertise
for Bids for Said Project. Ald. Burgermeister moved for adoption,
seconded by Ald. DeBack. Upon a roll call vote, the motion carried
unanimously.
Resolution #116-71 - The Clerk read same, entitled, Requesting the Payment
of ORAP Funds for Northeast District. Ald. Sapp moved for adoption, seconded by Ald.Narlock. Upon a roll call vote, the motion to adopt
carried unanimousiy. Upon a voice vote, motion carried.
Resolution #117-71 - Authorizing the City of Muskego to Borrow Money
Temporarily ($250,000.0O)for current sewer construction expense) Ald.
Burgermeister moved to suspend the rules that would interfere with the
adoption of Resolution #117-71. Seconded by Ald. Narlock. Upon roll
call, motion carried unanimously. The Clerk read the resolution. Ald.
Burgenneister moved for adoption. Seconded by Ald. Narlock. Upon a
roll call vote, the motion to adopt carried unanimously.
Resolution #118-71 - Acceptance of Radio Maintenance Contract. Ald.
Sapp moved to suspend the rules that would interfere with the adoption
of same. Seconded by Ald. Schaumberg. Upon roll call, the motion
carried unanimously. The Clerk read same. Ald. Sapp moved for adoption,
seconded by Ald. Dumke. Upon roll call, the motion to adopt carried
unanimously.
LICENSE APPROVAL - Ald. Sapp moved for the approval of Operators
Licenses for Richard Graham, Randall Reinhardt and Richard Head, sub-
ject to receipt of favorable Fingerprint Reports. Seconded by Ald.
Narlock, motion carried.
Ald. Narlock moved for the approval of of Class "B" Fermented Malt
Beverage and Intoxicating Liquor Licenses for Bristol Oaks Corp.,
Cheryle F. Ciardo, Gilbert Dusold, Lembezeder-Cook Post #8171,
Cliffords Catering, Inc. and the Country Squire, Inc. Ald. Sapp
requested that the records show that she was not in favor of granting
such license to Cheryle F. Ciardo. Upon a voice vote, the motion which
had been seconded by Ald. Burgermeister, carried.
VOUCHER APPROVAL - Ald. Sapp moved for the approval of sewer voucher
payment in the amount of $499,885.38, payable 6115171. Seconded by
Ald. Schaumberg. Upon a roll call vote, motion carried unanimously.
CITY OFFICIAL'S REPORTS - The Clerk read the Financial Report for the
month ending May, 1971, showing total assets in the amount of $363,716.41.
Report placed on file.
The Clerk read the Building Report for May, 1971, same placed on file.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Ald. Foldy moved for the reconsideration of Resolution #104-71, entitled,
Directing City Attorney to Draft Ordinance to Amend the Zoning Ordinance
of the City of Muskego (Re: Javanovich). Seconded by Ald. Burgenneister.
Upon a roll call vote on the motion, Aldermen Burgermeister, Dumke,
Foldy, Narlock, Sapp and Schaumberg voted "aye". Ald. DeBack voted
"no". The motion to reconsider Resolution #104-71 carried.
Common Council - 6/S/71
City of Muskego - Page 4.
Ald. Foldy moved to amend Resolution #104-71 to rezone the former
Checkerway Bus Co. property on Janesville Road from R-2 to OHS
(Highway Service District) and to include the property directly
west to Hillendale Drive. Seconded by Ald. Burgermeister. Upon
a voice vote, the motion to amend Resolution #104-71 carried.
Upon a voice vote to adopt Resolution 8104-71, As Amended, the
motion carried.
The Clerk read a communication from the Waukesha Blood Donor Club
dated May 26, 1971, thanking the City for cooperation during the
recent Blood Mobile. Same placed on file.
The Clerk read a communication from Mr. Norm Thomas, directed to
the City Clerk, dated 6/l/71, requesting a permit to continue the
extraction of gravel at Tans Drive and Hillendale Dr. Communication
referred to the Plan Commission.
ADJOURNMENT - Ald. Foldy moved to adjourn. Seconded by Ald.
Schaumberg, motion carried. The meeting adjourned at 11:04 P.M.
Respectfully submitted,
je
June 4, 1971
TO THE HONORABLE ALDERMEN:
On May 25, 1971, your Honorable Body adopted Resolution i/104-71,
which directed the City Attorney to draft an amendment to the Zoning
Ordinance which would rezone 1.2 acres of land from R-2 (Residential) to
B-4 (Business).
The purpose of the rezoning was to permit an auto repair shop to
utilize the existing building previously used by the Checkerway Bus
Company under a Conditional Use.
At the Common Council meeting, Inindicated that I had no objection
to the use proposed, but cautioned you about the legal ramifications of
spot zoning, and urged that you either advise the Plan Commission to
extend the zoning as OHS to make it more logical or at least refer it to
the City Attorney with directions to evaluat&ofor you the spot zoning
question. ,
The resolution was adopted and I have chosen to veto it in the hope
that you will give further consideration to the matter. It is my feeling
that perhaps your failure to undertand the problems regarding this rezoning
was due, in part, to my own failure to effectively communicate to you
about them.
There are several problems involved, one of them being the question
of spot zoning.
Throughout the history of zoning, this question of spot zoning has
been brought befoee the courts for clarification and as far as I can de-
termine, in the majority of the cases, the courts have ruled against
spot zoning. Since the adoption of Muskego's first zoning ordinance,
its validity has been upheld several times because of the City's position
of relative consistency. In the light of your action to approve this
spot zoning, could you then realistically use the legal question of spot
zoning where the conditions might be a great deal less desirable than
they are here?
In addition to the question of spot zoning, there are several other
aspects related to this matter which I would like to bring to your
attention. Under the B-4 Zoning, the following uses would be permitted
by right, or, in other words, the Council would have no decision in this
matter. (1) General merchandising and wholesaling establishments, hotels,
transportation terminals, commercial parking facilities, drive-in estab-
lishments, gasoline service stations and several others. And, as Con-
ditional Uses, lumber and building supply yards, experimental testing
and research laboratories , general warehousing and other less object$.onable
uses.
Since we cannot guarantee the success of the use being planned for
under this rezoning by the petitioner, do you feel that you would want
to subject the residents in the area with some of the other uses which
could be extremely objectionable? As I indicated earlier, although I have
no objection to an auto repair shop in the area, particularly since it
is under a Conditional Use, it would be more preferable to permit it as
a Conditional Use under OHS (Highway Service District). One reason for
this is thfis is that it is still fipnnitted as a Conditional Use and could
be, with proper supervision, adequately controlled. A second reason is
that the land on the south side of Highway 24 is already zoned ORS as a
result of the existing businesses there. And thirdly, if one examines
the uses permitted in the OHS District, none of them permitted by right
could be considered objectionable,
It is for these reasons that I have chosen to veto Resolution #104-71
and I respectfully urge you to sustain that veto and rezone an expanded
ares west to Hillendale Drive to OHS.
Mayor rrrl.sp City of Muskego