ccm19730522COMMON COUNCIL
CITY OF MUSKEGO
MINUTES OF MEETING HELD MAY 22, 1973
The meeting was called to order at 7~35 P.M.
a PRESENT: Mayor Gattfried, Aldermen Al Czarnecki, Ed Dumke Charles Foldy,
Ron Ford, Richard Knudsen, Paul Schaumberg and Raymond Wallner, City Clerk
*
Bette J. Bowyer and City Attorney John Buckley.
APPROVAL OF MINUTES: Ald. Foldy moved for the approval of minutes of
the previous meeting held on May 8, 1973, as mailed. Seconded by Ald. Czarnecki, motion carried.
COMMITTEE REPORTS
Ald. Schaumberg presented the report of the Finance Committee meeting held
on 5116173, and moved that it be accepted and placed on file. Seconded
by Ald. Foldy, motion carried.
Ald. Ford presented the report of the Public Works Committee and moved
that it be accepted and placed on file. Seconded by Ald. Schaumberg,
motion carried. (Meeting of 5/17/73).
l Ald. Knudsen presented the report of the Rules, Laws & Ordinance Committee
meeting held on 5/g/73, and moved that it be accepted and placed on file.
Seconded by Ald. Foldy, motion carried.
Ald. Knudsen presented the report of the Public Welfare Committee of
meeting held on 5117173, and moved that it be accepted and placed on
file. Seconded by Ald. Foldy, motion carried.
The minutes of the Plan Commission meeting held on 5115173 were received
and placed on file.
UNFINISHED BUSINESS
Resolution #S-73 - Establishing the City's Intent to Change the Personnel
Structure of the Muskego Police Dept. Ald. Foldy moved to defer action
on same until after the first Safety Committee meeting in ,June. Seconded
by Ald. Dumke. Motion carried.
l Ordinance #251 - An Ordinance to Amend Sec. 12.01 of the Municipal Code
by Adding Section (j) (Re: Lewd and Obscene Performance). This resolution
was on the floor from the previous meeting and following the Clerk's
reading of City Attorney Buckley's opinion, dated 5115173, regarding
same, upon a roll call vote to adopt Ordinance $1251, Aldermen Czarnecki,
Dumke, Foldy, Ford, Schaumberg and Wallner voted "aye". Ald. Knudsen
voted "nay". The motion to adopt Ordinance #251 carried.
Ordinance #252 - An Ordinance to Repeal Sec. 12.01 (5) (a) & (b) of the
Municipal Code (Re: Removal of the limit of number of Class "A" Fermented
Malt Beverage and Intoxicating Liquor Licenses in the City). This ordinance
was on the floor from the previous meeting. Ald. Foldy indicated that the
Rules, Laws & Ordinance Committee's opinion was not based on the matter of
competition. Mayor Gottfried relinquished the Chair to Council President
Foldy to give his opinion. He stated that he felt that the existing Ord-
inance limiting the number of Class "A" Licenses was a restraint of trade
and that it imposed an artificial value on those buildings having a license
and that it protected existing business from competition at the expense of
the community. Upon a roll call vote to adopt Ordinance i/252 all of the
Aldermen voted "nay". The motion to adopt did not carry.
Common Council
5122173 - Page 2.
Ordinance l/248 - An Ordinance to Amend Section 9.22 of the Municipal
Code of the City of Muskego. (Re: Regulations for open fires). The Clerk read the ordinance as it had been amended by the Rules, Laws &
Ordinance Cormnittee following the informal public hearing and meeting
with fire department officials. Ald. Wallner urged that the ordinance be deferred so it could be further reviewed by fire department officials
and farmers. Ald. Knudsen moved to defer action on Ordinance #248 until
the next Council meeting. Seconded by Ald. Wallner. Upon a roll call
vote to defer, Aldermen Czarnecki, Knudsen and Schaumberg voted "aye".
Aldermen Dumke, Ford, Foldy and Wallner voted "nay". The motion to defer
did not carry. Upon a roll call vote to adopt Ordinance #248, Aldermen
Foldy, Ford, Dumke and Czarnecki voted "aye". Aldermen Wallner, Knudsen
and Schaumbeeg voted "nay". The motion to adopt carried.
Ordinance #254 - The Clerk gave the second reading of same, entitled,
An Ordinance to Rezone Certain Property and to Amend the Zoning Map
of the City of Muskego (Re: Don Miller) Ald. Foldy moved for adoption,
seconded by Ald. Dumke. Upon a roll call vote, the motion to adopt
carried unanimously.
Resolution #82-73 - Authorizing the Replacement of Main Entrance Doors
of New City Hall. (This resolution, introduced by Ald. Knudsen, had
been deferred from the previous meeting.) Following discussion, Ald.
Schaumberg moved to defer action on Resolution 1182-73 until Ald. Knudsen
can gather facts as to cost, design, etc., seconded by Ald. Foldy. Upon
a roll call vote the motion to defer carried unanimously.
NEW BUSINESS
Resolution i/84-73 - The Clerk read same, entitled, Initiating Action to
Rezone Parcel of Land in Sec. 2 Owned by Tess Corners Fire Dept. from
Rs2 to Rs2 (OIP). Ald. Schaumberg moved for adoption, seconded by Ald.
Dumke. Upon a voice vote the motion carried. (Public Hearing for said
rezoning to be June 26, 1973, at 7:15 P.M.)
Resolution i/85-73 - The Clerk read same, entitled, Establishing Part-
time Position of Committee Clerk. Ald. Knudsen moved for adoption,
seconded by Ald. Czarnecki. Following discussion, upon a roll call vote
to adopt Resolution #85-73, Aldermen Dumke, Foldy, Ford, Czarnecki and
Schaumberg voted "nay". Aldermen Knudsen and Wallner voted "aye". The
motion to adopt did not carry.
Resolution 1186-73 - The Clerk read same, entitled, Extending Connection to
City Sewer System for "G" District to October 1, 1973. Ald. Dumke moved
for adoption, seconded by Ald. Czarnecki. Upon a roll call vote the
motion to adopt carried unanimously.
Resolution i/87-73 - The Clerk read same, entitled, Requiring the Payment
of Delinquent Withholding Taxes and State Sales Tax Prior to Issuance of,
Class "A" and Class "B" Licenses.
by Ald. Wallner.
Ald. Foldy moved for adoption, seconded
Upon a roll call vote, Aldermen Czarnecki, Foldy,
Knudsen and Wallner voted "aye". Aldermen Ford, Dumke and Schaumberg
voted "nay". The motion to adopt carried.
(
Resolution #88-73 - The Clerk read same, entitled, Correcting Erroneous
Assessment (Re: Parkland Plaza). Ald. Foldy moved for adoption, seconded
by Ald. Schaumberg. Upon roll call the motion to adopt carried unanimously.
Ordinance 1~255 - The Clerk gave the first reading, by title only, of same,
entitled, An Ordinance to Repeal and RecrealeCh. 18 of the Municipal Code.
(Subdivision Control Ordinance)
Common Council
S/22/73 - Page 3
VOUCHER APPROVAL - Ald. Foldy moved for the approval of payment of
vouchers in the amount of $175,765.77, payable 5/22/73. Seconded by
Ald. Schaumberg. Ald. Knudsen moved to amend the motion to pay the
vouchers by deleting $1,221.64 from Voucher j/6781. Seconded by Ald.
Ford. Upon a roll call vote to amend the motion to pay the vouchers,
Aldermen Czarnecki, Dumke, Foldy, Ford, Schaumberg and Wallner voted
"nay". Ald. Knudsen voted "aye". Upon a roll call vote to pay the
vouchers in their entirety the motion carried unanimously.
LICENSE APPROVAL - Ald. Foldy moved for the approval of Operators
Licenses for Janet Stuedmann, Clyde Scott and Kathleen Nichols.
Seconded by Ald. Schaumberg, motion carried.
Ald. Foldy moved for the approval of issuance of Class "B" Fermented
Malt Beverage and Intoxicating Liquor Licenses as per the attached
list. Seconded by Ald. Dumke. Upon a voice vote, the motion carried.
Ald. Schaumberg moved for the approval of Class "A" Fermented Malt
Beverage and Intoxicating Liquor Licenses as per the attached list.
Seconded by Ald. Foldy. Upon a voice vote the motion carried.
Ald. Dumke moved for the approval of Swimming Beach Permits for Denoon
Beach, Inc., Daniel P. Amann, Aud Mar and Judith and Robert Klenz.
Seconded by Ald. Foldy. Upon a voice vote the motion carried.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Ald. Foldy moved to have a public hearing for the Subdivision Control
Ordinance for the Rules, Laws & Ordinance Committee, the date to be
set by the Clerk and the Mayor. Seconded by Ald. Knudsen. Upon a
voice vote the motion carried. Ald. Knudsen urged the press to publicize
the date and Ald. Foldy suggested that copies of the proposed ordinance
be made available at the public library.
ADJOURNMENT - Ald. Knudsen moved for adjournment, seconded by Ald.
Wallner, motion carried. The meeting adjourned at 9:57 P.M.
Respectfully submitted,
je