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ccm19730626COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD JUNE 26, 1973 The meeting was called to order at 7:43 P.M. PRESENT: Mayor Jerome Gottfried, Aldermen A1 Czarnecki, Ed Dumke, Charles Foldy, Ron Ford, Richard Knudsen, Paul Schaumberg and Raymond Wallner. Also present were City Clerk Bette Bowyer and City Attorney John Buckley. APPROVAL OF MINUTES: Ald. Foldy moved for the approval of minutes of the previous meeting held on June 12, 1973, as mailed. Seconded by Ald. Schaumberg, motion carried. a COMMITRZE REPORTS Ald. Schaumberg presented the report of the Finance Committee meeting held on 6120173, 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 meeting held on 6/21/73, and moved that it be accepted and placed on file. onded by Ald. Ford, motion carried. Ald. Knudsen presented the report of the Rules, Laws & Ordinance Committee meeting held on 6/14/73, and moved that it be accepted and placed on file. Seconded by Ald. Ford, motion carried. Ald. Knudsen presented the report of the Public Sewer Committee meeting held on June 18, 1973, and moved that it be accepted and placed on file. Seconded by Ald. Dumke, motion carried. The minutes of the Plan Commission meeting held on June 19, 1973, were received and placed on file. Sec- 0 UNFINISFBD BUSINESS Resolution #82-73 - Authorizing the Replacement of Main Entrance Doors of New City Hall. Ald. Knudsen moved to defer action on same for two more. weeks. Seconded by Ald. Czarnecki. Upon a roll call vote the motion to defer carried unanimously. Ordinance 11255 - An Ordinance to Repeal and Recreate Ch. 18 of the Municipal Code ( Subdivision Control Ordinance). The Clerk gave the second reading of same. Ald. Foldy moved for adoption, seconded by Ald. Ford. Ald. Durnke moved that action on Ordinance $1255 be deferred for two weeks. Seconded by Ald. Schaumberg. Ald. Knudsen spoke in opposition to the motion and upon a roll call vote to defer for two weeks, Aldermen Czarnecki, Dumke, Foldy, Ford and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "nay". The motion to defer Ordinance 11255 for two weeks carried. Resolution #91-73 - Denial of Legal Lot Status (Beringer). stated that he had been requested by Mr. Beringer's attorney to again defer action on the resolution for two more weeks. He therefore moved to do so. Motion seconded by Ald. Schaumberg. Upon a roll call vote to defer, Aldermen Czarnecki, Ford, Knudsen, Schaumberg and Wallner voted "aye". Aldermen Dumke and Foldy voted "nay". NEW BUSINESS Ordinance 11256 - The Clerk gave the first reading of same, entitled, An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City of Muskego, Wisconsin (Leonard Blattner). Ald. Knudsen The motion to defer carried. New Business - Cont'd. Common Council 6/26/73 - P. 2 Ordinance $1257 - The Clerk gave the first reading of same, entitled, An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City of Muskego, Wisconsin (Alvin Schaefer). suspend the rules that would interfere with the adoption of Ordinance $1257. Seconded by Ald. Schaumberg. Upon a roll call vote the motion to suspend the rules carried unanimously. reading of Ordinance $1257. Ald. Knudsen moved for adoption, seconded by Ald. Wallner. Ald. Knudsen moved to 0 * unanimously. The Clerk gave the second Upon a roll call vote the motion to adopt carried Ordinance 11258 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend Section 1.05 (2) of the Municipal Code of the City of Muskego. the second reading could be had at this meeting. Seconded by Ald. Foldy. Upon a roll call vote the motion to suspend the rules carried unanimously. The Clerk gave the second reading of Ordinance 11258 (Re: Change in number of Plan Commission Members). Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Upon a roll call vote the motion to adopt carried unan- imously. Resolution $199-73 - The Clerk read same, entitled, Approval of Legal Lot Status (Frank Tower). Ald. Schaumberg moved for adoption, seconded by Ald. Wallner. Upon a roll call vote the motion carried unanimously. Resolution #loo-73 - The Clerk read same, entitled, Accepting the Low Bid for Bituminous Concrete and Asphalt for the 1973 Road Improvement Program. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon roll call the motion to adopt carried unanimously. (Payne & Dolan being the low bidder). Resolution $1101-73 - The Clerk read same, entitled, Clarifying the Status of the Negotiating Committee (Finance Committee). Ald. Foldy moved for adoption, seconded by Ald. Dumke. Ald. Wallner moved to amend Resolution $1101-73 by adding the following after the sixth paragraph: RESOLVED that the Aldermen of the Muskego Common Council be notified 24 hours in advance of the time and place of such meeting so that the actions of the committee can be observed". Motion seconded by Ald. Knudsen. The Clerk was requested to read a communication from city Attorney Buckley regarding Resolution $1101-73. Ald. Wallner then re- quested that the Clerk read a communicattion directed to himself from Frank DeAngelis regarding same and that the communication be made a part of the official record of this meeting. Discussion following and Mayor Gottfried relinquished the Chair to Council President Foldy and explained the ramifications of open negotiations. Upon a roll call vote to amend Resolution $1101-73, Aldermen Czarnecki, Dumke, Foldy, Ford and Schaumberg voted Ilnay." Aldermen Knudsen and Wallner voted "aye". The motion to amend did not carry. Further discussion followed and upon a roll call vote to adopt. Resolution #101-73, Aldermen Czarnecki, Dumke, Foldy, Ford and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "nay". Resolution $1102-73 - The Clerk read same, entitled, Expressing Opposition to Assembly Bill 11882. Ald. Knudsen moved for adoption, seconded by Ald. Czarnecki. Ald. Ford moved to defer action on the resolution in order that the Rules, Laws & Ordinance Committee could review it further. Seconded by Ald. Knudsen. Upon a voice vote the motion to defer carried. Ald. Knudsen moved to suspend the rules in order that 0 "BE IT FURTHER The motion to adopt carried. * New Business Cont'd. City of Muskego Common Council 6/26/73 - Page 3 Resolution #103-73 - Th Clerk read same, entitled, Expressing Oppos to Proposed Trailer Park (City of Franklin). Ald. Dumke moved for tion adoption, seconded by Ald. Foldy. vote in favor of this resolution as the proposed park lies adjacent to the City of Muskego. unanimously. Resolution #104-73 - The Clerk read same, entitled, Directing the City Attorney to Draft an Ordinance to Amend the Zoning District Map of the City of Muskego (Re: Tess Corners Fire Department). vote the motion to adopt carried unanimously. Resolution #105-73 - Capital Budget Amendment (Re: Kelsey Drive Construction: Ald. Schaumberg moved for adoption, seconded by Ald. Ford. Upon a roll call vote the motion carried unanimously. Resolution #106-73 - The Clerk read same, entitled, Transfer of Funds Within the Capital Budget (Red Park & Rec. Dept.) Ald. Foldy moved for adoption, seconded by Ald. Dumke. Upon a roll call vote the motion carried unanimously . VOUCHER APPROVAL - Ald. Foldy moved for the payment of general vouchers in the amount of $341,346.93, payable 6/26/73. Seconded by Ald. Schaum- berg. Upon roll call the motion carried unanimously. Ald. Foldqf moved for the approval of sewer construction voucher for Lang Engineering in the amount of $35,850.25. Upon a roll call vote Aldermen Czarnecki, Dumke, Foldy, Ford and Schaum- berg voted "aye". The motion to pay the sewer construction voucher for Lang Engineering carried. Ald. Foldy moved to pay $17,930.03 sewer utility vouchers, seconded by Ald. Dumke. Ald. D&ke urged that the Council Upon a roll call vote the motion to adopt carried Upon a roll call , Seconded by Ald. Schaumberg. Aldermen Knudsen and Wallner voted "nay". Upon a roll call vote the motion carried unanimously. LICENSE APPROVAL Ald. Schaumberg moved for the approval of a Class' "B" Fermented Malt Beverage and Intoxicating Liquor License for the Towne Casino, Inc., Jill Ulik, Agent. Seconded by Ald. Foldy, motion carried. Ald. Foldy moved to approve a "Gathering" License for St. Paul's Lutheran Church for August 5, 1973. Seconded by Ald. Czarnecki, motion carried. Ald. Foldy moved for the approval of Operators Licenses for Vivian Schmidt and Richard Milewski. Ald. Foldy moved for the approval of a Trapshoot License for Richard Bennett and a Rifle Range Permit for Alvin Simon. Schaumberg, motion carried. Ald. Foldy moved for a Refuse Habling Permit for Re1 Sanitation. by Ald. Schaumberg, motion carried. At 9:26 P.M. Mayor Gottfried declared a recess and at 9:40 P.M. the .meeting reconvened. Seconded by Ald. Dumke, motion carried. Seconded by Ald. Seconded Common Council City of Muskego 6/26/73 - P 4. At this time Attorney Jerome F. Pogodzinski appeared in behalf of Mr. Winston J. Albee who had applied for a Class "B" Fermented Malt Beverage and Intoxicating Liquor License in the City of Muskego. cussion of the application, Ald. Foldy moved for the denial of the Class License for Winston J. Albee. Seconded bydld. Dumke. Upon a roll call vote to deny the license, Aldermen Czarnecki, Dumke, Foldy, Ford, Knudsen and Schaumberg voted "aye". Ald. Wallner voted "nay". The motion to deny the Class "B" License for Winston J. Albee carried. Following dis- 0 "B" 1) CITY OFFICIAL'S REPORTS - The Clerk gave the Building Report for the month of May, 1973, which showed 63 dwelling units for that month. Report placed on file. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Attorney Buckley advised the Council that the pending case of Gregory Koeferl vs. the City of Muskego has been delayed due to the death of Mr. Koe f er 1. ADJOURNMENT - Ald. Knudsen moved to adjourn, seconded by Ald. Wallner, motion carried. The meeting adjourned at 10:09 P.M. 0 Respectfully submitted, Bette /3-g+d J. Bowyer, Cit Clerk 6, v d