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ccm19720725COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD JULY 25, 1972 Mayor Gottfried called the meeting to order at 7~41 P.M. PRESENT: Mayor Gottfried, Aldermen DeBack, Dumke, Foldy, Knudsen, Sapp and Schaumberg. Also present were City Clerk Bette Bowyer and City Attorney John Buckley. ABSENT: Ald. Ford. APPROVAL OF MINUTES: Aid. Sapp moved for the approval of minutes of the previous meeting held on 7/11/72. Seconded by Ald. Foldy. Motion carried. COMMITTEE REPORTS Ald. Sapp presented the report of the Finance Committee meeting held on July 19, 1972, and the meeting held July 25, 1972, and moved that the reports be accepted and placed on file. Seconded by Ald. Dumke. Motion carried. Ald. DeBa~ck presented the minutes of the Public Safety Connnittee meetings held on July 13, 1972 and July 17, 1972, and moved that the minutes be accepted and placed on file. Seconded by Ald. Sapp, motion carried. Ald. Knudsen presented the report of the Public Sewer Committee meeting held on July 17, 1972, and moved that the report be accepted and placed on file. Seconded by Ald. Schaumberg, motion carried. The minutes of the Plan Commission meeting held on July 18, 1972, were accepted and placed on file. UNFINISHED BUSINESS Ordinance #217 - An Ordinance to Amend Certain Provisions of Ch. 17 of the Municipal Code (Re: Accessory Buildings). As this resolution was on the floor, upon a roll call vote, the motion to adopt carried unanimously. Resolution #118-72 - Denying Request for Municipal Sewers to Serve the Lazynski-Beck Property. (This resolution was on the floor and deferred from the previous meeting) Ald. Schaumberg moved to amend same by adding the following paragraph "BE IT FURTHER RESOLVED that the request be denied because present commitments provide for 717 out of a possible 950 resid- ential living units, that 209.5 acres of land have already been assessed on the lo-year installment basis and several of these owners have indicated a desire to develop. Also, the city is developing its Industrial Park and this, together with commercial development, will require sewer facilities. Further, the denial is in accord with the guidelines established in Res- olution j/220-71 and for other reasons contained in the records of the Plan Commission and the Common Council." Motion seconded by Ald. Knudsen. Upon a roll call vote to amend Resolution #118-72, Aldermen Dumke, Knudsen, Sapp and Schaumberg voted "aye". Aldermen DeBack and Foldy voted "nay". The motion to amend carried. Upon a roll call vote to adopt Resolution j/118-72, As Amended, Aldermen Dumke, Knudsen, Sapp and Schaumberg voted "aye". Aldermen DeBack and Foldy voted "nay". The motion to adopt Res- olution i/118-72, As Amended, carried. Resolution #124-72 - A Resolution Deferring Special Assessmenta Against Farm Lands (NW Dist., James & Joan Kohne) As this resolution was on the floor, upon a roll call vote the motion for adoption carried unanimously. Common Council 7125172 - Page 2. Ordinance l/228 - An Ordinance to Amend Certain Provisions of Ch. 12 of the Municipal Code of the City of Muskego (Re: Proration of License Fees) As this ordinance was on the floor, upon a roll call vote, the motion to adopt carried unanimously. e Resolution #130-72 - Approval of Extractive Permit for Wauer Fur Foods, Inc. As this resolution was on the floor, upon a roll call vote to adopt, Alder- men DeBack, Dumke, Foldy, Sapp and Schaumberg voted "aye". Ald. Knudsen voted "nay". The motion to adopt carried. ~* NEW BUSINESS Resolution #140-72 - The Clerk read same, entitled, Approval of Developer's Agreement for Durham Meadows. Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Following discussion, upon a roll call vote, the motion to adopt carried unanimously. Resolution i/141-72 - The Clerk read same, entitled, Authorizing Advertising of Bids for Lateral Hook-up in "E" Sewer District. Ald. Schaumberg moved for adoption, seconded by Ald. Knudsen. Upon a roll call vote the motion to adopt carried unanimously. a Resolution 8142-72 - The Clerk read same, entitled, Denying Request for Legal Status for Lots in Mill Valley Heights (Lots 31, 32, 33, 34 & 35) Ald. Schaumberg moved for adoption, seconded by Ald. Sapp. Upon a roll call vote the motion to adopt carried unanimously. Resolution i/143-72 - The Clerk read same, entitled, Renewal of Extractive Permit for State Sand & Gravel. Ald. Schaumberg moved for adoption, seconded by Ald. Sapp. Discussion followed relative to the hours of operation and trucking hours of State Sand & Gravel Co. Ald. Knudsen moved to defer action on Resolution j/143-72, seconded by Ald. Foldy. Upon a roll call vote, the motion to defer action for two weeks carried unanim- ously. Resolution i/144-72 - The Clerk read same, entitled, Granting Legal Status for a Lot on Woods Road (Wachtel) Ald. Schaumberg moved for adoption, seconded by Ald. Foldy. Upon a roll call vote the motion carried unanim- ously. Resolution 11145-72 - The Clerk read same, entitled, Approval of Legal 0 Status for Lot 4 Block C (Hi-Y Ranches - Wallner) Ald. Schaumberg moved for adoption, seconded by Ald. Sapp. Ald. Knudsen spoke in opposition of the adoption of the resolution. Upon a roll call vote, Aldermen DeBack, Dumke, Foldy, Sapp and Schaumberg voted "aye". Ald. Knudsen voted "nay". The motion to adopt Resolution #145-72 carried. Resolution j/146-72 - The Clerk read same, entitled, Denial of Legal Status for Lot 15 in Tess Corners Subdivision (Dunlap). Ald. Schaumberg moved for adoption, seconded by Ald. Foldy. Upon roll call, motion carried unanimously. Resolution #147-72 - The Clerk read same, entitled, Denial of Legal Status 4 for Lot 5 Block A and Lot 15 Block C, Hi-Y Ranches Subdivision (Wallner) Ald. Schaumberg moved for adoption, seconded by Ald. Sapp. Upon roll call the motion carried unanimously. Resolution #14B-72 - The Clerk read same entitled, Resolution Approving Final Plat of Hale Park Meadows Subdivisfon. Ald. Schaumberg moved for e adoption, seconded by Ald. DeBack. Ald. Sapp moved to defer action on same, pending receipt of the Developer's Agreement. Seconded by Ald. Schaumberg. Upon a voice vote, motion carried. Common Council 7125172 - Page 3 Resolution j/149-72 - The Clerk read same, entitled, Denying Claim of Frank DeAngelis. Ald. Sapp moved .for adoption, seconded by Ald. Foldy. Upon a roll call vote to adopt Resolution #149-72, Aldermen 'DeBack and Knudsen voted "nay". Aldermen Dumke, Foldy, Sapp and Schaumberg vcted "aye". The motion to adopt Resolution #149-72 carried. Resolution i/150-72 - The Clerk read same, entitled, Authorizing Ruekert & Mielke to Prepare Plans and Specifications for Sanitary Sewer Installation in Freedom Acres Subdivision and Adjacent Area. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon a roll call vote the motion carried unanimously. Resolution 11151-72 - The Clerk read same, entitled, Recommending Denial of Wauer Petition (Re: Rendering Plants in I-l Districts) Upon a roll call vote, the motion carried unanimously. Resolution j/152-72- The Clerk read same, entitled, Initiating Changes in the Text of the Zoning Ordinance Regarding Rendering Plants in I-2 Districts. Ald. Schaumberg moved for adoption, seconded by Ald. Knudsen. Upon a roll call vote the motion to adopt carried unanimously. Resolution #153-72 - The Clerk read same, entitled, Initiating Petition to Rezone from I-l to I-2 in Sec. 18 and from A to I-2 in the Adjacent Annexed Property. Ald. Schaumberg moved for adoption, seconded by Ald. Sapp. Upon a roll call vote the motion carried unanimously. Resolution i/154-72 - The Clerk read same, entitled, Restricting Heavy Trucking on C.T.H. "Y". Ald. Knudsen stated that based upon legal advice of the City Attorney he wished to withdraw Resolution f/154-72 which had been submitted by him. Resolution f/155-72 - The Clerk read same, entitled, Approval of Final Plat of Durham Meadows Subdivision. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon roll call motion carried unanimously. At 9:lO P.M. Mayor Gottfried declared a recess and the meeting reconvened at 9:25 P.M. At this time Ald. Sapp moved for the reconsideration of Resolution f/130-72. Seconded by Ald. Foldy. Upon a roll call vote on the motion, Aldermen Dumke, Foldy, Knudsen and Sapp voted "aye". Aldermen DeBack and Schaumberg voted "nay". The motion to reconsider carried. (Approval of Extractive Permit for Wauer,Fur Foods) Ald. Knudsen spoke in favor of deferring the resolution until it could be further reviewed by the Public Welfare Committee. Ald. Sapp moved to defer action on Resolution #130-72 for two weeks. Seconded by Ald. Knudsen. Upon a roll call vote the motion to defer action on Resolution #130-72 for two weeks carried unanimously. VOUCHER APPROVAL - Ald. Sapp moved to approve payment of general vouchers in the amount of $191,712.15, payable 7125172. Seconded by Ald. Foldy, motion carried. Ald. Sapp moved for the payment of Sewer Utility vouchers in the amount of $9,966.38. Seconded by Ald. Foldy. Upon roll call motion carried unanimously. LICENSE APPROVAL - Ald. Sapp moved for the approval of Operators License for Donald Stewart, Bradley Blcoh, LeRoy Himebauch, Rocky McGrorty, Dennis Tweedie and Vickie Thew subject to receipt of favorable Fingerprint Reports. Seconded by Ald. Foldy, motion carried. Common Council 7125172 Page 4 License Approval - Cont'd. Ald. Sapp moved for the approval of Operators License for Roger Andrews subject to receipt of favorable Medical and Fingerprint Report. Seconded by Ald. Dumke, motion carried. Ald. Foldy moved for the approval of a Junk Permit for Jack Glockner. Seconded by Ald. Sapp. The Clerk read a connnunication directed to the Mayor and Council from the City Plan Commission, dated 7120172, recommending approval of the renewal of Mr. Glockner's Junk License. Motion carried. Ald. Foldy moved for the approval of Junk Permit for James Kohne subject to his submission of a plat of survey indicating the boundaries of the property as well as the operation. Also, that there be no burning on the premises. Seconded by Ald. Sapp, motion carried. Ald. Sapp moved for the approval of Dump Refuse Hauler Permit for Milwaukee Insulation. Seconded by Ald. Dumke, motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The Clerk read a communication directed to the Mayor and Council from the City Plan Commission requesting that the Council advise them if the four buildings proposed to be built by the American College would be permitted to connect into the municipal sewer. Communication referred to Sewer Committee. ADJOURNMENT - Ald. Knudsen moved to adjourn, seconded by Ald. DeBack. Motion carried. The meeting adjourned at lo:47 P.M. Respectfully submitted, Bette J. Bowyer, City Clerk City of Muskego je