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ccm19720926COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD SEPTEMBER 26, 1972 Mayor Gottfried called the meeting to order at 7:50 P.M. l PRESENT: Mayor Jerome Gottfried, Aldermen Lois Cole, Harold DeBack, Edwin Dumke, Ron Ford, Charles Foldy, Richard Knudsen and Paul Schaumberg. Also present were City Attorney John Buckley and City Clerk Bette J. Bowyer. * At this time Mr. Thomas Felton, Commander of VFW Lembezeder-Cook Post #8171, and Past Commanders Edward Subel, Mitchell Rosinski, Paul DeAngelis, Ben Shira &Henry Pankau, presented a United States of America Flag, a State of Wisconsin Flag and a Flag containing the design of the symbolic seal of the City of Muskego embroidered into it. Mr. Alan Schneider, winner of a contest spon- sored by the city for designing the flag, was also present. The flags are a gift from the V.F.W. for the Council Chambers of the new City Hall. Mayor Gottfried expressed his appreciation in behalf of himself, members of the Council and all of the citizens of the city for the generous gift of the VFW. Mayor Gottfried then introduced Mr. M. Snearly, Leader of Boy Scout Troop #76 from the Tess Corners area who were in attendance at the Common Council meeting as a Scouting Project. APPROVAL OF MINUTES - Ald. Cole moved for the approval of minutes of the previous meeting held on September 12, 1972, as mailed. Seconded by Ald. Foldy. Motion carried. COMMITTEE REPORTS Ald. Cole presented the report of the Finance Committee meeting held on g/20/72 and moved that it be accepted and placed on file. Seconded by Ald. Dumke. Motion carried. Ald. Ford presented the report of the Rules, Laws & Ordinance Committee meeting held on g/14/72 and moved that the report be accepted and placed on file. Seconded by Ald. Foldy. Motion carried. Ald. Knudsen presented the report of the Special Sewer Committee meeting held on 9125172 and moved that the report be accepted and placed on file. Seconded by Aid. Schaumberg, motion carried. The minutes of the Plan Commission meeting held on 9/19/72 were accepted and placed on file. UNFINISHED BUSINESS Resolution $1188-72 - Establishing Limitation of the Use of the Fire Lane at the End of Park Drive. As this resolution was on the floor, upon a roll call vote to adopt same, Aldermen Cole, DeBack, Dumke, Foldy, Knudsen and Schaumberg moved "aye". Ald. Ford voted "no". The motion to adopt Res- olution #188-72 carried. Ordinance #234 - The Clerk gave the second reading of same, entitled, An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City. (Re: Land in Sec. 18 zoned I-l and that area annexed from Sec. 13, Town of Vernon, presently zoned A, to be rezoned I-2). Ald. Foldy moved for adoption. Seconded by Ald. DeBack. Upon roll call the motion to adopt carried unanim- ously. Ordinance #235 - The Clerk gave the second reading of same, entitled, An Ordinance to Amend Ch. 7 (Traffic Code) of the Municipal Code. Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Upon roll call the motion to adopt carried unanimously. Cormnon Council Meeting 9126172 - Page 2. Resolution l/192-72 - Ald. Knudsen moved to reconsider this resolution, entitled, Setting Forth the Council's Position as it Relates to Lease Agreement with Carl & Lydia Wauer. Motion seconded by Ald. Cole. The Clerk read a communication from Wauer Landfill, Inc. directed to Mayor 0 Gottfried, dated g/25/72 regarding their action on Resolution i/192-72 and the willingness of Acme Disposal Co. to cease all dumping in the City of Muskego for a period of 45 days. Upon a roll call vote to reconsider Resolution #192-72, Aldermen Cole, DeBack, Dumke, Foldy, 4 Knudsen and Schaumberg voted "aye". Ald. Ford voted "no". The motion to reconsider carried. Ald. Foldy moved to defer action on Resolution #192-72 for at least 45 days. Seconded by Ald. Schaumberg. Upon a roll call vote to defer the motion carried unanimously. COMMUNICATIONS FROM 'IHE MAYOR'S OFFICE The Clerk read Mayor Gottfried's veto message of ,Resolution i/186-72, entitled,Determination of Legal Lot Status for Ralph Lassa. Ald. Ford moved to override the Mayor's veto. Seconded by Ald. Schaumberg. Following discussion by several of the Aldermen, upon a roll call vote to override the veto, Aldermen Cole, Dumke, Ford, Knudsen and Schaumberg voted "aye". Aldermen DeBack and Foldy voted "nay". As three-fourths vote of the Council is needed to override the veto, the motion to sustain the veto carried. NEW BUSINESS Resolution i/199-72 - Ald. Foldy moved to suspend the rules that would interfere with the adoption of Resolution i/199-72, entitled, Expressing the City's Gratitude for Hospitality Extended to its Citizens. Seconded by Ald. Dumke. Upon roll call the motion carried unanimously. The Clerk read the resolution. Ald. Foldy moved for adoption, seconded by Ald. Knudsen. At this time Mr. Fred Washa and Miss Doreen Walloch, Leader and President of the Muckey 4-H Club, appeared at the meeting to explain the deeds of kindness shown by residents of Harrison, Nebraska during a delay in that town as the result of a bus breakdown. Upon a roll call vote, the motion to adopt Resolution #199-72 carried unanimously. Resolution #193-72 - The Clerk read same, entitled, Confirmation of Levy of Assessments Payable in Installments (Hale Park Meadows Subdivision) Ald. Foldy moved for adoption, seconded by Ald. Cole. Upon roll call the motion carried unanimously. 0 Resolution i/194-72 - The Clerk read same, entitled, Approval of Lease for Harold Diekfuss. Ald, DeBack moved for adoption, seconded by Ald. Foldy. Ald. Cole moved to defer action on this resolution for two weeks, seconded by Ald. Knudsen. Upon roll call the motion to defer carried unanimously. Resolution #195-72 - The Clerk read same, entitled, Directing the City Bttbrney to'.Draft an Ordinance to Amend-the' Text of the Zoning Ordinance, 8.19(c) (Re: Storage of boats, snowmobiles, etc.) Ald. Schaumberg moved for adoption, seconded by Ald. DeBack. Upon roll call the motion carried unanimously. e Resolution #196-72 - The Clerk read same, entitled, Correcting Erroneous Assessment. Ald. Cole moved for adoption, seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Resolution i/197-72 - The Clerk read same, entitled, Appointment of Citizen Member to the Plan Commission (Kenneth Czaplewski - to fill the unexpired l ’ term of William Chase). Ald. Knudsen moved for adoption, seconded by Ald. Foldy. Upon roll call the motion carried unanimously. Common Council Meeting 9/26/72 - Page 3. New Business - Cont'd. 8 Resolution 11198-72 - The Clerk read same, entitled, Recognition of Service to the Community by William Chase (Mr. Chase is moving to Detroit, Michigan) Ald. Foldy moved for adoption, seconded by Ald. Cole. Upon a roll call vote, the motion to adopt Resolution #198-72 carried unanimously. 4 Ordinance #236 - The Clerk gave the first reading of same, entitled, An Ordinance Regulating the Storage and Sale of Junked and Abandoned Automobiles in the City of Muskego. Ordinance l/237 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend Ch. 1.05 of the Municipal Code of the City of Muskego (Re: Removing Engineer as voting member of Plan Commission). Ordinance #238 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend Ordinance #235(Traffic Code) of the City of Muskego. Ald. Foldy moved to suspend the rules in order that the second reading could be given. Seconded by Ald. Ford. Upon roll call the motion carried unanimously. The Clerk gave the second reading of Ordinance #238. l Ald. Cole moved for adoption. Seconded by Ald. Foldy. Upon a roll call vote the motion carried unanimously. At 9:04 Mayor Gottfried declared a recess and the meeting reconvened at 9:14 P.M. VOUCHER APPROVAL - Ald. Cole moved for Council approval of payment of general vouchers in the amount of $208,989.61, payable 9126172. Seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Ald. Cole moved for the approval of payment of sewer utility vouchers in the amount of $7,951.43, payable 9126172. Seconded by Ald. Foldy. Upon roll call the motion carried unanimously. LICENSE APPROVAL - Ald. Cole moved for the approval of Operators Licenses for Michael Stelmaszewski, Gail L. Rogers and David Suchla. Seconded by Ald. Knudsen, motion carried. Ald. Foldy moved for the approval of a Dump Refuse Hauling Permit for 8 Waste Management (Acme Disposal). Seconded by Ald. Dumke. Upon a roll call vote to grant said permit, Aldermen Cole, Dumke, Foldy and Schaumberg voted "aye". Aldermen DeBack, Ford and Knudsen voted "nay". The motion to grant the permit carried. Ald. Cole moved for the approval of the change of name for Class "B" Fermented Malt Beverage and Intoxicating Liquor License from Edward Jaraczewski to Alice C. Jaraczewski for premises at W182 S8686 Racine Ave. Seconded by Ald. Dumke. Upon a voice vote the motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS 8 Mayor Gottfried advised the Aldermen of a Special Building Committee meeting to be held on Thursday, September 28, 1972, at 6:15 P.M. Mayor Gottfried reported that dedication ceremonies for the new City Hall - Library will be held on Sunday, December 3, 1972, from 12:00 Noon until 4:00 P.M. with the program beginning at 2:00 P.M. 8 The Clerk read a thank-you letter from Waukesha Blood Bank for servi~E;dered ADJOURNMENT - Ald. Kntidsen moved to adjourn, seconded by Ald. Ford. Motion carried. The meeting adjourned at 9:22 P.M. Respectfully submitted, je Bette J. Bowyer, City Clerk September 22, 1972 Honorable Aldermen: On September 12, 1972, your Honorable Body adopted Resolution 8186-72 which denied a request from Ralph Lassa for legal status on property owned by him adjacent to Bay Shores Estates Subdivision. During the discussion on the resolution several alternate possibilities were mentioned, one being that the city might wish to purchase the lot and use it to connect Shore Lane and Lochcrest Blvd. Although I am in accord that it might be in the best interest of the city not to perpetuate the narrow lots around Little Muskego Lake, I would like to point out that this property is almost an acre in size which is considerably larger than any of the lots in either Bay Shore Estates or in Hillview Farm Plat. Since the adoption of this resolution makes the property of little value to its owner, this, in effect, could be interpreted as establishing the Council's decision to either purchase the lot or to remove the real estate assessment as well as the sewer assessment. It is my feeling that prior to making that decision the Council should attempt to determine what the cost of that decision would be. It is also my opinion that the feelings of the people living on Shore Lane and on Lochcrest Blvd. should be determined before exposing them to the possibility of an increase in traffic. It is my hope that you will take another look at the problems involved and to sustain this veto in order to give you time to do so. Sincerely yours, Jerome J. Gottfried, Mayor City of Muskego JJG/je