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ccm19721114COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD NOVEMBER 14, 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, Charles Foldy, Ronald Ford, Richard Knudsen and Paul Schaumberg. Also present were City Attorney John Buckley and City Clerk Bette Bowyer. -a APPROVAL OF MINUTES - Ald. Cole moved for the approval of minutes of the previous meeting held on October 24, 1972, as mailed. Seconded by Ald. Foldy, motion carried. COMMITTEE REPORTS Ald. Cole presented the report of the Finance Committee meeting held on 10125172 and on 11/g/72 and moved that the reports be accepted and placed on file. Seconded by Ald. Dumke, motion carried. Ald. Ford presented the report of the Public Works meeting held on 1119172 and moved that it be accepted and placed on file. Seconded by Ald. DeBack, motion carried. a Ald. Ford presented the report of the Public Safety Committee meeting held on 10126172 and moved that it be accepted and placed on file. Seconded by Ald. Cole, motion carried. Ald. Ford presented the report of the Rules, Laws ii Ordinance Committee meeting held on 10126172 and moved that it be accepted and placed on file. Seconded by Ald. Foldy, motion carried. Ald. Cole presented the report of the Public Welfare Committee meeting held on 11/g/72 and moved that it be accepted and placed on file. Seconded by Ald. Dumke, motion carried. Ald. Knudsen presented the report of the Sewer Committee meeting held on 11113172 and moved that it be accepted and placed on file. Seconded by Ald. Schaumberg, motion carried. The minutes of the Plan Commission meeting held on 1117172 were received and placed on file. eu NFINISRED BUSINESS Resolution #204-72 - Returning a Portion of Woods Road Back to Its Original Right-of-Way (Frank DeAngelis). This resolution had been deferred from the meeting of 10/24/72. Ald. Foldy moved to again defer Resolution j/204-72 for two weeks and it could again be reviewed by the Public Works Committee. Seconded by Ald. Ford. Ald. DeBack reported the results of his meeting with Mrs. Dorothy Boldt to the Council. Upon a voice vote the motion to defer carried. Resolution #192-72 - Setting Forth the Council's Position as it Relates to Lease Agreement with Carl 6 Lydia Wauer. This resolution had been deferred from the meeting of 9126172 for 45 days. Ald. Cole moved to defer action on Resolution 11192-72 until after action had been taken on Resolution #212-72, entitled, Authorizing the Drafting of an Agreement Between the City of Muskego, Waste Management, Inc. and Lydia and Carl Wauer. Motion seconded by Ald. Dumke. Upon a roll call vote to delay action on Resolution i/192-72, Aldermen Cole, DeBack, Dumke, Foldy, Ford and Schaumberg voted "aye". Ald. Knudsen e oted "nay". The mo,tion carried. Common Council City of Muskego 11/14/72 Page 2. Unfinished Business - Cont'd. Ordinance #240 - The Clerk gave the second reading of same, entitled, l An Ordinance Creating Sec. 12.17 of the Municipal Code Regulating Parades and Other Similar Uses of Public Places. Ald. Foldy moved for adoption, seconded by Ald. Ford. Ald. Foldy moved to amend Ordinance #240, Sec. 12.17 to read as follows: "Section 12.17 of the Municipal Code of the City of Muskego, is hereby created to read as follows: a 12.17 PARADES (a) "Parade" is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the City. (b) A gathering shall include any assemblage of persons for the purpose of demonstrations, meetings, festivals, fallies, or other similar type activities, in any public place or in any outdoor area open to the public. (c) Public place shall include any public park, school grounds, street, sidewalk or highway or any other place made available to the assemblage or the meeting of the general public. 0 (d) Permit is a permit as required by this ordinance." Motion was seconded by Ald. Cole. Discussion followed with Ald. Ford speaking as being opposed to the amendment. Ald. Foldy moved to defer ac.tion on Ordinance a240 until it can be discussed further by the Rules, Laws & Ordinance Committee and Police Chief Kraus. Seconded by Ald. Cole. Upon a voice vote the motion to defer carried. COMMUNICATIONS FROM THE MAYOR'S OFFICE - Mayor Gottfried advised that on Sunday, December 3rd, 1972, dedication of the new City Hall will take place at 2:00 P.M. Mayor Gottfried advised that a public hearing will be held on the proposed City of Muskego 1973 Budget in the Council Chambers of the City Hall on Monday, December 4, 1972 at 8:00 P.M. NEW BUSINESS a Resolution #210-72 - The Clerk read same, entitled, Determination of Legal Lot Status (Lots 7 & 8, Block 6, Bay Shore Estates). Ald. Schaum- berg moved for adoption, seconded by Ald. DeBack. Upon a roll call vote Aldermen Cole, DeBack, Dumke, Foldy and Schaumberg voted "aye". Aldermen Ford and Knudsen voted "nay". The motion to adopt Resolution #210-72 carried. Resolution t/211-72 - The Clerk read same, entitled, Denial of Claim of Walter Vesbach. Ald. Foldy moved for adoption, seconded by Ald. Cole. Upon a roll call vote to adopt Resolution 8211-72, Aldermen Cole, Foldy and Ford voted "aye". Aldermen DeBack, Dumke, Knudsen and Schaumberg a voted "nay". The motion to adopt Resolution #211-72 did not carry. Same will be referred back to the Finance Committee. Resolution #212-72 - The Clerk read same, entitled, Authorizing the Drafting of an Agreement Between the City of Muskego, Waste Management, Inc. and Lydia and Carl Wauer. Ald. Cole moved for adoption, seconded by Ald. Dumke. Ald. Foldy moved to amend Resolution i/212-72 by adding Point #8 "Which would limit the amount of refuse that could be dumped by Acme to no more than 600 tons per working day". Seconded by Ald. Dumke. Upon a roll call vote to amend Resolution #212-72, Aldermen Cole, DeBack, Dumke, Foldy, Ford and Schaumberg voted "aye". Ald. Knudsen voted "nay". The motion to amend Resolution #212-72 carried. Following New Business - Cont'd. Common Council City of Muskego 11114172 Page 3. discussion, Ald. Foldy moved to further amend Resolution 8212-72, Point 112, by adding the following after the word "tonnage", "whereby the daily * amount does not exceed 200 tons." Seconded by Ald. Schaumberg. Upon a voice vote, the motion to further amend Resolution #212-72 carried. Following further discussion, upon a roll call vote to adopt Resolution #212-72, As Amended, Aldermen Cole, Dumke, Foldy and Schaumberg voted "aye". ‘a Aldermen DeBack, Ford and Knudsen voted "nay". The motion to adopt Res- olution #212-72, As Amended, carried. Resolution #213-72 - Authorizing the Issuance of Special Assessment "B" Bonds for Sewer Assessment Dist. # H-g (Hillendale Heights and Hi-Y Ranches area) Ald. Foldy moved to suspend the rules that would interfere with the adoption of same. Seconded by Ald. Cole. Upon a roll call vote, the motion to suspend the rules carried unanimously. The Clerk read the resolution. Ald. Cole moved for adoption, seconded by Ald. Foldy. Upon roll call the motion to adopt Resolution #213-72 carried unanimously. Resolution #214-72 - Resolution Authorizing Report on Petition to Open Kurtze Lane as a Public Street. Ald. Foldy moved to suspend the rules that would interfere with the adoption of same. Seconded by Ald. Schaum- l berg. Upon roll call the motion to suspend the rules carried unanimously. The Clerk read the resolution. Ald. Dumke moved for adoption. Seconded by Aid. Schaumberg. Upon roll call the motion to adopt Resolution i/214-72 carried unanimously. Resolution #I%?-72 - Setting Forth the Council's Position as it Relates to Lease Agreement with Carl & Lydia Wauer. (This resolution on the floor from meeting of 9112172). Aid. Knudsen moved to amend Resolution #192-72 by deleting the last two paragraphs of the resolution. Seconded by Ald. Ford. Upon roll call the motion to amend carried unanimously, Upon a roll call vote the motion to adopt Resolution #1 1s imended, 2- 2/tarried unanimously. LICENSE APPROVAL - Ald. Cole moved to approve Operators Licenses for Thomas Walberts, Yasuke Walberts, Daniel Knutowski, Henry Hudziak, Kenneth Chase, Jr., Cynthia Ann Movrich, Carol Movrich and Richard Wroblewski. Seconded by Ald. Dumke, motion carried. Ald. Cole moved to approve a Class "B" Fermented Malt Beverage and Intox- icating Liquor License for Marion Maney, subject to verification from Kenneth 0 Brach that he is willing to relinquish his license. Seconded by Aid. Foldy, motion carried. Ald. Cole moved for the approval of a Class "B" Fermented Malt Beverage and Intoxicating Liquor License for Towne Casino, Inc., Edward Carroll, Agt. Seconded by Ald. Dumke, motion carried. CITY OFFICIAL'S REPORTS - The Clerk gave the Building Report for the month of October, 1972, showing 13 new dwellings for that month. Report placed on file. COMMUNICATIONS AND MISCELLAMEOUS BUSINESS -a The Clerk read a petition from Mr. Frank Preston requesting legal lot status for Lot 35, Mill Valley Heights Subdivision. Same referred to Plan Commission. A conrmunication has been received by Mayor Gottfried and the Aldermen from Mr. Clark Barry, dated November 13, 1972, tendering his resignation as City Engineer for the City of Muskego, effective December 1, 1972. l ADJOURNMENT - Ald. Knudsen moved to adjourn, seconded by Ald. DeBack, motion carried. The meeting adjourned at 9:30 P.M. Respectfully submitted, je Bette J. Bowyer, City Clk.