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ccm19730410COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD APRIL 10, 1973 The meeting was called to order at 7:51 P.M. by Mayor Jerome Gottfried. PRESENT: Mayor Jerome Gottfried, Aldermen Lois Cole, Harold DeBack, Ronald Ford, Charles Foldy, Richard M. Knudsen and Paul Schaumberg. Also present were City Attorney John Buckley and City Clerk Bette Bowyer. ABSENT: Ald. Edwin P. Dumke. APPROVAL OF MINUTES - Ald. Cole moved for the approval of minutes of the previous meeting held on March 27, 1973, as mailed. Seconded by Ald. DeBack, motion carried. COMMITTEE REPORTS Ald. Cole presented the report of the Finance Committee meeting held on April 4, 1973, and moved that they be accepted and placed on file. Seconded by Ald. Foldy, motion carried. Ald. Ford presented the report of the Public Works Coaxnittee meeting held on April 5, 1973, and moved that it be accepted and placed on file. Seconded by Ald. DeBack, motion carried. Ald. DeBack presented the report of the Public Safety Committee meeting held on March 29, 1973, 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 6 Ordinance Committee meeting held on 3129173, and moved that it be accepted and placed on file. Seconded by Ald. Foldy. Ald. Cole requested that the second paragraph of the report be removed for the purpose of having it discussed as a separate issue. The notion to accept the report excluding the second paragraph and place it on file carried. Discussion was then held on the matter of the committee's decision not to recommend an increase in the number of Class "A" Licenses held in the city. Ald. Cole indicated that she was present for most of the discussion the committee had held with Attorney Herbert Eggie (Attorney for Class "A" License holders in the city) and it was her feeling that the decision might have been made to protect the existing beer depots in the city from additional competition. Aldermen Foldy, Knudsen and Ford indicated that their decision was based on the following reasons: (1) that other types of businesses are needed in the city (2) to preserve the existing neighborhood businesses since some of them are businesses that provide other needs in addition to selling beer and liquor and (3) the per capita per license is the lowest in the area and that there are already enough beer depots to serve the needs of the community. Aid. Cole indicated that she felt that it would be wise to have a legal opinion from the City Attorney before a final decision is made. The motion to accept the second paragraph of the report carried. Ald. Cole presented the report of the Public Welfare Committee meeting held on 415173, and moved that it be accepted and placed on file. Seconded by Ald. Knudsen, motion carried. Ald. Knudsen presented the report of the Public Sewer Committee meeting held on 4/g/73, and moved that the report be accepted and placed on file. Ald. Foldy questioned whether or not a precedent would be set by granting Alvin Schaefer's request of placing a home on a single parcel of land under the deferred assessment policy. Following discussion by several of the aldermen and the City Attorney the motion to accept the report carried. Common Council 4/10/73 - P. 2 UNFINISHED BUSINESS Ordinance i/250 - An Ordinance to Rezone Certain Property and to Amend 0 the Zoning Map of the City of Muskego (Re: Mus-Kee-Guac Planned Development and McShane Road area) This ordinance is on the floor and was deferred from the meeting of 3/27/?3. Mayor Gottfried advised that since Ordinance 1~250 -9 was directly related to Resolution #54-73, entitled, Approval of Subdivision Agreement Between the Developers of Mus-Kee-Guac and the City of Muskego, which is under New Business at this evening's meeting, he felt that the ordinance should be tabled until a preliminary plat has been approved by the Plan Commission. Considerable discussion took place and Ald. DeBack requested permission of his fellow aldermen to have Mr. Raymond Wallner speak. Mr. Wallner urged the Council to adopt Ordinance #250. Following further discussion, Ald. Foldy moved to defer action on Ordinance #250 until such time as all of the aldermen have received a copy of the pro- posed agreement between the developers of Mus-Kee-Guac and the City of Muskego. Motion seconded by Ald. Schaumberg. Upon a roll call vote to defer action the motion carried unanimously with Ald. DeBack abstaining from the vote. Resolution 1~48-73 - Establishing the City's Intent to Change the Personnel Structure of the Muskego Police Dept. (This resolution was a on the floor and had been deferred from the previous meeting and referred to the Safety Committee. Ald. Cole moved to again defer action on same for two weeks. Seconded by Ald. DeBack. Upon a voice vote the motion to defer carried. COMMUNICATIONS FROM TBE MAYOR'S OFFICE - Mayor Gottfried advised that on Tuesday, April 17, 1973, at 7:30 P.M. the organizational meeting will be held. The newly elected aldermen will be seated at this time and a Council President and representative to the Plan Commission will be elected. NEW BUSINESS Resolution 1151-73 - The Clerk read same, entitled, Appointment to the Park and Recreation Board (Gloria Bartz). Ald. Foldy moved for adoption, seconded by Ald. Schaumberg. Upon a roll call vote the motion carried unanimously. I) Resolution #52-73 - The Clerk read same, entitled, Joining the Milwaukee Area Municipal Employers Association. Ald. Cole moved for adoption, seconded by Ald. Foldy. Upon roll call the motion to adopt carried unanimously. Resolution #53-73 - The Clerk read same, entitled, Establishing Traffic Regulations ("Yield" sign on Kipling and Speed Limit signs on Pioneer Dr.) Ald. Foldy moved for adoption, seconded by Ald. Cole. Ald. Cole moved to amend the resolution by adding the words "Yield" sign after Traffic Control Sign. Seconded by Ald. Foldy. Upon a voice vote the motion to amend carried. Upon a roll call vote the motion to adopt Resolution i/53-73 carried unanimously. Resolution #54-73 - The Clerk read same, entitled, Approval of Subdivision Agreement Between the Developers of Mus-Kee-Guac and the City of Muskego. Ald. Foldy moved for adoption, seconded by Ald. Schaumberg. Ald. Foldy moved to defer action on the resolution for two weeks. Seconded by Ald. Knudsen. Ald. Foldy indicated that his reason for deferment was to give the aldermen an opportunity to review the agreement. Upon a roll call vote to defer action, Aldermen Foldy and Knudsen voted "aye". Aldermen Cole, Ford and Schaumberg voted “nay". Ald. DeBack abstained from voting. The motion to defer did not carry. Ald. Ford moved to amend Resolution Common Council 4/10/73 - P. 3 1154-73 by adding the following to the last paragraph "subject to the review of the Aldermen". Seconded by Ald. Schaumberg; Upon a roll call vote the motion to amend carried unanimously with Ald. DeBack abstaining from the voting. Upon a roll call vote to adopt Resolution i/54-73, As l Amended, the motion carried unanimously with Ald. DeBack abstaining from the voting. * Resolution #55-73 - The Clerk read same, entitled, Denying Petition of Ewald E. Moerke, Jr. to rezone Certain Parcel of Land in Sec. 9 (Schwefel Property). Ald. Schaumherg moved for adoption, seconded by Ald. Cole. Upon a roll call vote Aldermen Cole, Foldy, Ford and Schaumberg voted "aye". Aldermen DeBack and Knudsen voted "nay". The motion to adopt carried. Resolution f/56-73 - Ald. Schaumberg moved to suspend the rules in order that this resolution could be acted upon at this meeting. Seconded by Ald. Foldy. Upon roll call the motion to suspend the rules carried unanimously. The Clerk read same, entitled, Authorizing Ruekert & Mielke to Prepare Specifications for Forced Hook-ups. Aid. Schaumberg moved for adoption, seconded by Ald. Foldy. Upon roll call the motion carried unanimously. l Resolution #57-73 - Ald. Schaumberg moved to suspend the rules that would interfere with the adoption of same, seconded by Ald. Knudsen. Upon roll call the motion to suspend the rules carried unanimously. The Clerk read same, entitled, Accepting Quotation from L.W. *Allen, Inc. for the Lift Station Telemetered Alarm System. I Ald. Schaumberg mwed for adoption, seconded by Ald. Foldy. Upon roll call the motion to adopt carried unanimously. At this time, upon Ald. Knudsen's request, Ald. Cole moved to reconsider Resolution 1155-73, entitled, Denying Petition of Ewald E. Moerke, Jr. to rezone Certain Parcel of Land in Sec. 9 (Schwefel Property). Seconded by Ald. Schaumberg. Upon roll call the motion carried unanimously. Upon a roll call vote to adopt Resolution 1155-73, Aldermen Cole, Foldy, Ford, Schaumberg and Knudsen voted "aye". Ald. DeBack voted "nay". The motion to adopt carried. LICENSE APPROVAL - Ald. Cole moved for the approval of Operators Licenses for Loraine McCarty, Jeffrey Glocksine, Betty Klasen, Diane Erickson, Michael Salter and Lawrence Oinas. Seconded by Ald. Foldy. Upon roll * call the motion carried unanimously. CITY OFFICIAL'S REPORTS - The Clerk gave the Building Report for the month of March, 1973, which indicated 37 dwelling units and total con- struction in the amount of $1,130,529.00. COMMUNICATIONS AND MISCELLANEOUS BUSINESS - In answer to a question from Ald. DeBack as to whether or not anything is being done to increase the capacity of the treatment plants Mayor Gottfried advised that the matter was not discussed at the Sewer Committee meeting, however, the treatment plant operator has been submitting a daily report of the.flow for the month of March. ADJOURNMENT - Ald. DeBack moved to adjourn, seconded by Ald. Cole, motion carried. The meeting adjourned at 9:47 P.M. l je