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ccm19730911COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD SEPTEMBER 11, 1973 The meeting was called to order at 7:39 P.M. by Acting Mayor Foldy. PRESENT - Acting Mayor Foldy, Albert F. Czarnecki, Ron Ford, Edwin P. Dumke, Richard M. Knudsen, Paul Schaumberg and Raymond Wallner. Also present were City Clerk Bette Bowyer and City Attorney John Buckley. ABSENT: Mayor Jerome Gottfried. COMMITTEE REPORTS Ald. Schaumberg presented the report of the Finance Committee meeting held on g/5/73 and moved that it be accepted and placed on file. Seconded by Ald. Dumke, motion carried. Ald. Dumke presented the report of the Public Works Committee meeting held on g/6/73 and moved that it be accepted and placed on file. Seconded by Ald. Schaumberg, motion carried. Ald. Czarnecki presented the report of the Public Safety Committee meeting held on S/30/73 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 g/6/73 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 S/30/73 and moved that it be accepted and placed on file. Seconded by Ald. Czarnecki, motion carried. Ald. Czarnecki presented the report of the Public Sewer Committee meeting held on g/5/73 and moved that it be accepted and placed on file. Seconded by Ald. Dumke. Motion carried. The minutes of the Plan Commission meeting held on g/4/73 were accepted and placed on file. At this time the Clerk read a communication from Mayor Gottfried, directed to the aldermen, regarding Ordinance l/261, UNFINISHED BUSINESS Ordinance #261 - An Ordinance to Repeal Sec. 12.01(5)(a) & (b) of the Municipal Code (Re: Class"A" Licenses). This ordinance was on the floor and had been deferred from the previous meeting. Ald. Czarnecki read a prepared statement urging his fellow aldermen to vote in favor of the ordinance. Acting Mayor Foldy relinquished the Chair to Ald. Czarnecki to speak in favor of the ordinance. Aldermen Knudsen and Wallner spoke in opposition of the ordinance. Upon a roll call vote on the motion to adopt Ordinance #261, Aldermen Czarnecki, Dumke and Foldy voted "aye". Aldermen Ford, Knudsen, Schaumberg and Wallner voted "nay". The motion to adopt Ordinance #261 did not carry. NEW BUSINESS Resolution #139-73 - The Clerk read same, entitled, Resolution Regarding Federal Revenue Share Actual Use Report. Aid. Schaumberg moved for adoption, seconded by Ald. Dumke. In answer to a question from Ald. Knudsen, City Clerk Bowyer briefly explained the purpose of the resolution. Common Council - g/11/73 Page 2 New Business - Cont'd. Resolution i/140-73 - The Clerk read same, entitled, Directing the City Attorney to Draft an Ordinance to Amend the Zoning District Map of the City of Muskego (Sec. 12 - Schober & Radtke). Ald. Schaumberg moved for adoption, seconded by Ald. Csarnecki. Upon a voice vote the motion to adopt carried. Resolution f/141-73 - The Clerk read same, Plat entitled, Approval of Final - Kurthwood Subdivision. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon a voice vote the motion to adopt carried. Resolution 1042-73 - The Clerk read same, entitled, Approval of Preliminary Plat for Sunset Farms (Town of Vernon). Ald. Schaumberg moved for adoption, seconded by Ald. Wallner. Upon a roll call vote the motion carried with Ald. Ford casting a dissenting vote. Resolution f/143-73 - The Clerk read same, entitled, Approval of Pre- liminary Plat - The Ridges. Ald. Schaumberg moved for adoption, seconded by Ald. Knudsen. Ald. Ford suggested that the 40 day time limit from date of presentation to final approval of the plat be extended to permit further drainage study. Mr. Bryce Styza, developer of The Ridges, who was present at the meeting, verbally expressed no objection to the extension of time. Ald. Ford moved to defer action on Resolution i/143-73 and refer the preliminary plat back to the Plan Commission for further study. Seconded by Ald. Czamecki. Upon roll call the motion carried unanimously. Resolution i/144-73 - The Clerk read same, entitled, Establishing Traffic Regulations (Right Lane - Right Turn Only, sign on the south side of Woods Road west of Racine Ave.) Ald. Czarnecki moved for adoption, seconded by Ald. Wallner. Upon a roll call vote the motion carried unanimously. Resolution #145-73 - The Clerk read same, entitled, Vacating Special Assessment on Fred Wendt Property. Ald. Dumke moved for adoption, seconded by Ald. Wallner. Upon roll call the motion carried unanimously. Resolution #146-73 - The Clerk read same, entitled, Authorizing Instal- lation of Street Light (Intersection of Racine Ave. 6 DeBack Drive). Ald. Wallner moved for adoption, seconded by Ald. Czamecki. Upon a roll call vote the motion carried unanimously. Resolution $1147-73 - The Clerk read same, entitled, Rescinding Action Taken on Resolution #3-73, As Amended, Regarding Thomas Landfill Permit. Ald. Knudsen moved for adoption, seconded by Ald. Ford. Upon roll call the motion carried unanimously. Resolution 11148-73 - The Clerk read same, entitled, Directing the City Attorney to Take the Necessary Action to Assure Restoration of the Former Gravel Pit Owned by Gravel, Inc. Ald. Knudsen moved for adoption, seconded by Ald. Wallner. Upon a roll call vote the motion carried unanimously. Ordinance l/227 - 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 (Lakeview Hills - Frank Narlock property) Common Council - 9111173 Page 3. LICENSE APPROVAL - Aid. Dumke moved for the approval of a Class "B" Fermented Malt Beverage and Intoxicating Liquor License for Yvonne Bode. Seconded by Ald. Czarnecki, motion carried. Ald. Schaumberg moved for the approval of Operators Licenses for Barbara Lovald and Jerome Brezski. Seconded by Ald. Czarnecki, motion carried. Ald. Dumke moved for the approval of Operators License for James Surprise subject to receipt of favorable physical form. Seconded by Ald. Schaumberg, motion carried. Ald. Schaumberg moved, as seconded by Ald. Czamecki for the approval of "Gathering" License for VFW Post A8171 for September 8, 9, 15 and 16, 1973, and for the~Ladies Auxiliary of the Muskego Volunteer Fire Co. for October-PO, 1973. Motion carried. Ald. Czamecki moved for the approval of a Class "A" Fermented Malt Beverage and Intoxicating Liquor License for Schallert!s, Muskego Liquor, Inc. Seconded by Ald. Foldy. Following a lengthy didsucssion during which all of the aldermen and Attorney Buckley participated, a request was made to have Attorney Sam Lawent speak in behalf of Schallerts, Muskego Liquor, Inc. Since there was an objection from Ald. Paul Schaumberg, Mr. Lawent was not permitted to speak. Aid. Knudsen moved for a recess. Seconded by Ald. Wallner. Upon a roll call vote to have a recess, Aldermen Czarnecki, Foldy, Ford, Knudsen and Wallner voted "aye". Aldermen Dumke and Schaumberg voted "nay". The motion carried. The recess began at lo:02 P.M. and the meeting reconvened at lo:09 P.M. Following further discussion, upon a roll call vote on the motion to approve a Class "A" Fermented Malt Beverage and Intoxicating Liquor License for Schallert's, Muskego Liquor, Inc. Aldermen Dumke, Ford, Knudsen, Schaumberg and Wallner voted "nay". Aldermen Czarnecki and Foldy voted "aye". The motion did not carry. CITY OFFICIAL'S REPORTS The Clerk gave the Building Report for the month of August, 1973, indicating 26 dwelling units and total construction in the amount of $642,113.00. Report placed on file. COMMUNICAlIONS AND MISCELLANEOUS BUSINESS The Clerk read a petition filed by Carl Schumacher requesting legal status for Lots 32 and 33, Kingstons on Muskego No. 1. Same referred to Plan Commission. Ald. Wallner referred to the public hearing date for the proposed revision of the zoning district map of the city which had been set for September 17, 1973, indicating that many landowners involved are not aware of the hearing. Following discussion, Ald. Ford moved to authorize the City Clerk to notify by mail all the landowners in the city of the new public hearing date approximately one month from now. Seconded by Ald. Schaumberg. Upon a roll call vote the motion carried unanimously. ADJOURNMENT - Ald. Knudsen moved to adjourn, seconded by Ald. Schaum- berg. Motion carried. The meeting adjourned at lo:43 P.M. je Bette J. Bowyer, City Clerk City of Muskego TO THE HONORABLE BBDEBMEN OF THE CITY OF MUSKEGO Gentlemen: Since I am not able to be with you this evening I would l - like to comment on two items you will be deliberating over this evening. One of the proposals relates to Ordinance $1261 which, in effect, removes the limitation presently established for Class "A" Liquor Licenses (beer depots). This matter has been before 0 the Council prior to this as well as discussed thoroughly in committee. However, I would like to once more urge that the Council consider the following facts as they vote on this matter. The State of Wisconsin does not impose limitations on beer depots as they have in the case of Class "B" Licenses (taverns) and have therefore left it to the discretion of the municipality to determine whether or not they wish to impose those quotas. By choosing to establish such quotas it is my feeling that a munici- pality places artificial values on one segment of the business community. It also protects that one segment while the rest must depend on their own initiative to survive. The~other matter.before you this evening .is whether or not a request for a beer depot license for the Parkland Plaza mall should be approved. Again, this matter has been discussed thoroughly on the Council floor and in committee, however, as the Chief admin- istrator of this community I feel I would be remiss in my duties if I did not make the following comments. During the many years that I have been involved in the administration of this community one of the greatest needs that has been expressed to me by the citizens if for a centralized shopping area where they can acquire the necessities for everyday living, such as clothing, shoes, household items, services, etc. In the economic and ecologic base study that was prepared for the city by Nelson & Associates in 1961, it was determined by actual survey that most of the needs of the community were purchased out- side of the city and that it was imperative for the community to encourage the development of a local shopping area. In the general plan he states, "Commercial development is the other major land use resource which helps to keep the municipal economy in balance." After many years of frustration and false starts the city l has the opportunity to have that facility and it is my feeling that it is incombent upon all of us to do whatever we can to assure its successful~ completion. To do anything else and therefore jeopardize the possibility of that success in any way or at least to delay it for an undetermined time would deprive this community of (1) a shopping area which can provide much of the daily needs of its citizens. (2) deprive the opportunity of employment to many people since a shopping center of this size will need many many full and part time sales and maintenance people. (3) we have the opportunity to increase the assessed val- uation of th, uation'of this city by at least two million dollars with very little cost to the taxpayer other than for police and fire protection. .c Page 2. As you are well aware, the developer has advised the city that from all appearances the initial leases with the major tenants of the shopping center will not be executed unless they can be assured there is a sufficient variety of businesses to assure the traffic needed for success. Although I am not sure that the refusal of these major tenants to lease space in the mall will prevent its eventual success, I am certain that it will jeopardize its immediate success and delay it for many years. The present holders of beer depot licenses in the city have come before the Council and its committee to express fear over the competition another beer depot would provide particularly if it is chain oriented. To give any consideration to this argument would in my opinion be morally wrong. I respectfully urge each alderman to consider the citizens need for commercial development and since the issuance of a beer depot license could help bring this about you vote to approve the license request of Schallerts. Sincerely yours, Jerome J. Gottfried, Mayor City of Muskego JJG/je 9173