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ccm19730814COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD AUGUST 14, 1973 The meeting was called to order at 7:45 P.M. by Mayor Gottfried. PRESENT: Mayor Jerome Gottfried, Aldermen Charles Foldy, Ron Ford, Richard Knudsen and Raymond Wallner. Ald. Dumke arrived at 8:50 P.M. ABSENT: Ald. Paul Schaumberg and Albert F. Czarnecki. APPROVAL OF MINUTES - Ald. Foldy moved for the approval of minutes of the previous meeting held on July 24, 1973, as mailed. Seconded by Ald. Wallner. Ald. Knudsen moved to correct the minutes by adding the words "not necessarily on the validity of the resolution" after the word "resolution" in the paragraph relating to Resolution #118-73. The motion to accept the minutes, as corrected, carried. COMMITTEE REPORTS Ald. Foldy presented the report of the Finance Committee meeting held on 818173 and moved that it be accepted and placed on file. Seconded by Ald. Wallner, motion carried. Ald. Ford presented the report of the Public Works Committee meeting held on 8/9/73 and moved that it be accepted and placed on file. Seconded by Ald. Dumke. Ald. Foldy suggested that the committee make certain that all work on the concrete invert installation in the Fountainwood Subdivision is completed prior to the release of the bond to Brookfield Culvert Co. Ald. Foldy presented the report of the Public Safety Committee meeting held on 7126173 and moved that it be accepted and placed on file. Seconded by Ald. Wallner, motion carried. Ald. Knudsen presented the report of the Public Welfare Committee meeting held on 8/9/73 and moved that it be accepted and placed on file. Seconded by Ald. Ford, motion carried. Ald. Knudsen presented the report of the Rules, Laws & Ordinance Committee meeting held on 7126173 and moved that it be accepted and placed on file. Seconded by Ald. Foldy, motion carried. Ald. Knudsen presented the report of the Public Sewer Committee meeting held on 8/13/73 and moved that it be accepted and placed on file. Seconded by Ald. Dumke, motion carried. The minutes of the Plan Commission meeting held 8/7/73 were received and placed on file. UNFINISHED BUSINESS Ordinance #261 - The Clerk gave the second reading of same, entitled, An Ordinance to Repeal Sec. 12.01(5)(a) h (b) of the Municipal Code (Re: Class "A" Licenses) Ald. Foldy moved for adoption, seconded by Ald. Dumke. Ald. Foldy moved to defer action on the ordinance until the Rules, Laws 6 Ordinance Committee has had an opportunity to further deliberate on this matter and make recommendation. Seconded by Ald. Ford. Upon a roll call vote the motion to defer carried unanimously. COMMUNICATIONS FROM TBE MAYOR'S OFFICE Mayor Gottfried advised that he had been requested by Country Fair Days Parade Chairman Paul DeAngelis to invite the Clerk and Aldermen to participate in the Parade on 8126173. The Clark read Mayor Gottfried's Veto message as it pertains to Resolution #115-73, entitled, Authorizing Lt. Scholz to Attend the FBI Academy in Common Council Meeting a/14/73 - Page 2. COMMUNICATIONS FROM TRE MAYOR'S OFFICE - Cont'd. Washington D.C. At 8:28 P.M. The Council recessed at the request of Aid. Foldy to give the City Attorney an opportunity to review the statutes regarding the Mayor's right to veto. The meeting reconvened at 8:36 P.M. Ald. Knudsen moved to override the Mayor's veto. Seconded by Ald. Foldy. After considerable disucssion, upon a roll call vote to override the veto, Aldermen Foldy, Knudsen and Wallner voted "aye", Aldermen Dumke and Ford voted "nay". The motion to override the veto did not carry. NEW BUSINESS Resolution #124-73 - The Clerk read same, entitled, Approval of Relocation of a Portion of Durham Drive. Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Ald. Foldy moved to defer action on the resolution in order to give the Public Works Department an opportunity to meet with representa- tives of the Waukesha County Highway Commission. Seconded by Ald. Knudsen, motion carried. Resolution #125-73 - The Clerk read same, entitled, Approval of Settlement with Bell-Reichl, Inc. Ald. Knudsen moved for adoption, seconded by Ald. Dumke. Upon a roll call vote the motion carried unanimously. Resolution 8126-73 - The Clerk read same, entitled, Appointment of Members to Electrical Licensing Board (Werner Bierbach and Blair Dixon). Ald. Foldy moved for adoption, seconded by Ald. Ford. Upon a roll call vote --the motion to adopt carried unanimously. Resolution #127-73 - The Clerk read same, entitled, Indicating the City's Intent to Permit Connection Into the Municipal Sewer System (Kurthwood). Ald. Dumke moved for adoption, seconded by Ald. Wallner. Ald. Knudsen spoke in opposition to the resolution. Ald. Wallner moved to defer action on Resolution l/127-73, seconded by Ald. Knudsen. Aldermen Foldy and Dumke spoke as being opposed to deferring the resolution. Upon a roll call vote to defer action on Resolution j/127-73, the motion was de- feated unanimously. Following durther discussion, upon a roll call vote to adopt Resolution #127-73, Aldermen Dumke, Foldy, Ford and Wallner voted "aye". Ald. Knudsen voted "nay". The motion to adopt carried. Resolution 1~128-73 - The Clerk read same, entitled, Acceptance of Bid for Tiling of Jensen Field. ( G 6 W White Construction Co.) Ald. Ford moved for adoption, seconded by Ald. Knudsen. Upon a roll call vote the motion to adopt carried unanimously. Resolution #129-73 - The Clerk read same, entitled, A Resolution to Amend Resolution l/34-73 (Salaries) Ald. Foldy moved for adoption, seconded by Ald. Dumke. Following discussion during which Aldermen Wallner and Knudsen spoke in opposition to the resolution, Ald. Foldy moved to call for the question. Seconded by Ald. Ford. Upon a roll call vote for the question to come to the floor, Aldermen Dumke, Foldy and Ford voted "aye" and Aldermen Knudsen and Wallner voted "nay". As the motion to call for the question requires a two-thirds (4 votes) the motion lost and the discussion on the motion to adopt Resolution 1~129-73 continued. Ald. Wallner moved to defer action on the resolution for two weeks. Seconded by Ald. Knudsen. Upon a roll call vote to defer action, Aldermen Wallner voted "aye". Aldermen Dumke, Foldy, Ford and Knudsen voted "nay". The motion to defer did not carry. Upon a roll call vote to adopt Resolution #129-73 Aldermen Dumke, Foldy and Ford voted "aye". Aldermen Knudsen and Wallner voted "nay". The motion to adopt carried. Common Council Meeting 8114173 - Page 3. Resolution #130-73 - Ald. Knudsen moved to suspend the rules that would interfere with the adoption of Resolution #130-73, entitled, Accepting Low Quotations for Forced Hook-ups. Seconded by Ald. Ford. Upon a roll call vote the motion to suspend the rules carried unanimously. The Clerk read the resolution. Ald. Dumke moved for adoption, seconded by Ald. Knudsen. Ald. Knudsen moved to amend the resolution by removing the Moritz residence located at S71 W19122 Hillview Dr. Seconded by Ald. Wallner. Upon a roll call vote to amend the resolution, the motion carried unanimously. Ald. Foldy moved to further amend Resolution i/130-73 by adding Zidar Plumbing Company's quotations for the outside work in the amount of $575.00 each for the Leon Hubka residence at W189 S6404 Preston Drive and the George Peterson residence at W189 S6414 Preston Drive. Seconded by Ald. Dumke. In answer to a question from Ald. Knudsen, City Attorney Buckley indicated that, without the benefit of time to research the question, it was his opinion that the Sewer Service Ordinance superseded the private contract. Upon a roll call vote to further amend Resolution i/130-73, the motion carried unanimously. Upon a roll call vote to adopt Resolution #130-73, As Amended, the motion carried unanimously. Resolution #131-73 - Ald. Knudsen moved to suspend the rules that would interfere with the adoption of Resolution 8131-73, entitled, Approval of Permit to Park Trailer (Robert Landfried) Seconded by Ald. Ford. Upon a roll call vote the motion to suspend the rules carried unanimously. The Clerk read the resolution. Ald. Knudsen moved for adoption, seconded by Ald. Ford. Upon a roll call vote the motion to adopt carried unanimously. Ald. Knudsen moved to reconsider Resolution #131-73, seconded by Ald. Dumke. Upon a roll call vote the motion to reconsider, Aldermen Foldy, Ford, Knudsen and Wallner voted "aye". Ald. Dumke voted "nay". The motion to reconsider carried. Ald. Knudsen moved to amend Resolution j/131-73 by adding the following paragraph: "BE IT FURTHER RESOLVED that the $15.00 Inspection Fee as provided for in Section 12.10(3)(b) of the Municipal Code is hereby waived." Seconded by Aid. Dumke. Upon roll call the motion carried unanimously. Upon a roll call vote the motion.to adopt Resolution 11131-73, As Amended, carried unanimously. Ordinance #262 - The Clerk gave the first reading of same, entitled, An Ordinance to Repeal and Recreate Ch. 18 of the Municipal Code of the City of Muskego (Re: Land Division Ordinance) Ald. Foldy moved to suspend the rules in order to have the second reading of the ordinance at this meeting. Seconded by Ald. Ford. Upon a roll call vote on the motion to suspend the rules, Aldermen Ford, Foldy, Knudsen and Dumke voted "aye". Ald. Wallner voted "nay". It was indicated that the purpose of this ordinance was to eliminate the need for publishing the entire ordinance. It was further pointed out that copies will be available to the public after printing. The motion to suspend the rules carr&ed. .The Clerk gave gave the second reading of Ordinance #262. Ald. Foldy moved for adoption, seconded by Ald. Ford. Upon a roll call vote the motion to adopt Ord- inance #262 Aldermen Foldy, Ford, Dumke and Knudsen voted "aye". Ald. Wallner voted "nay". The motion to adopt Ordinance #262 carried. LICENSE APPROVAL - Ald. Foldy moved for the approval of Operators Licenses for Roman Banaszak, Robert Sorensen, Clarence Olson, Thomas Parham, Gregory Rice, Norman Holtz and Sharon Seidler. Seconded by Ald. Dumke, motion carried. Ald. Foldy moved for the approval of a "Gathering" License for Muskego Athletic Association for 8111173 and for a "Gathering License" for Lembezeder-Cook VFW Post #8171 for August 24, 25 and 26, 1973. Seconded by Ald. Wallner. Motion carried. Common Council Meeting 8114173 - Page 4. CITY OFFICIAL'S REPORTS - The Clerk gave the Building Report for the month of July, 1973, which indicated total construction for that month l as being $1,270,860.00. Report placed on file. COMMUNICATIONS AND MISCELLANEOUS BUSINESS * Ald. Foldy moved to set the public hearing date for the new zoning district map for the City of Muskego for Monday, September 17, 1973, 8:00 P.M. in the city hall. Seconded by Ald. Ford, motion carried. Mayor Gottfried advised that drawings and estimates are being prepared for a lighted sign designating the city hall. ADJOURNMENT - Ald. Knudsen moved to adjourn, seconded by Ald. Ford, motion carried. The meeting adjourned at lo:52 P.M. Respectfully submitted, Bett&!y&zrk , je