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ccm19731009COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD OCTOBER 9, 1973 The meeting was called to order at 7:45 P.M. by Mayor Gottfried. a PRESENT - Mayor Gottfried, Aldermen Czarnecki, Dumke, Foldy, Knudsen, Ford and Wallner. Ald. Schaumberg arrived at 8:00 P.M. Also present were City Clerk Bette Bowyer and City Attorney John Buckley. a APPROVAL OF MINUTES - Ald. Foldy moved for the approval of minutes of meeting held on g/25/73, seconded by Ald. Czarnecki, motion carried. COMMITTEE REPORTS Ald. Foldy presented the report of the Finance Committee meeting held on 1013173 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 10/4/73 and moved that it be accepted and placed on file. Seconded by Ald. Ford, motion carried. Ald. Czamecki presented the report of the Public Safety Committee 0 meeting held on g/27/73 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 10/6/73 and moved that it be accepted and placed on file. Seconded by Ald. Foldy, motion carried. Ald. Knudsen presented the reports of the Rules, Laws & Ordinance Committee meetings held on 9127173 and 1016173 and moved that they be accepted and placed on file. Seconded by Ald. Wallner, motion carried. The minutes of the Plan Commission meeting held on 10/9/73 were received and placed on file. NEW BUSINESS - a At this time, because of the number of persons present at this meeting, Mayor Gottfried requested permission of the aldermen to bring Ordinance #270, entitled, An Ordinance to Amend Sec. 9.01 of the Municipal Code of the City of Muskego (Prohibiting Discharge of Shotguns on Little Muskego Lake) to the floor. As there were no objections, the Clerk gave the first reading of same. Ald. Foldy moved to suspend the rules in order that the second reading of Ordinance l/270 could be given. Seconded by Ald. Czamecki. Upon a roll call vote the motion to suspend the rules carried unanimously. The Clerk gave the second reading. Ald. Ford moved for adoption, seconded by Ald. Knudsen. Discussion began with Ald. Ford reviewing the complaints of violations of hunting rules that were taking place on Little Muskego Lake since the opening of duck hunting season. Ald. Foldy requested permission of his fellow aldermen to allow opinions be given from the audience. As there were no objections, several persons expressed their views that they did not wish to see hunting on Little Muskego Lake prohibited entirely, however, they felt there was a definite need for restricted areas and more law enforcement. At 8:46 P.M. Mayor Gottfried declared a recess and the meeting reconvened at 8~57 P.M. Ald. Ford moved to amend Ordinance #270 by having Sec. 9.01 (d) 2. read as follows: "The discharge of shotguns is limited to open bodies of water provided no shot shall be caused to be propelled into an area of habitable buildings or building and provided further that no shotgun shall be dis- charged on the shoreline or within posted areas on Little Muskego Lake". Motion seconded by Ald. Knudsen. Upon a roll call vote the motion to amend Ordinance #270 carried unanimously. Upon a roll call vote the motion to adopt Ordinance #270, As Amended, carried with Ald. Czamecki casting a dissenting vote. Common Council - 10/9/73 City of Muskego P. 2 Resolution 1~143-73 - Approval of Preliminary P&at - The Ridges. Ald. Schaumberg moved to defer action on same pending receipt of a revised layout of the development. Seconded by Ald. Knudsen. Upon a voice vote the motion to defer carried. a Resolution #149-73 - Renewal of Extractive Permit for State Sand and Gravel, Inc. Ald. Ford moved to defer action on same for two weeks. l Seconded by Ald. Knudsen. Motion carried. Ordinance 1~227 - An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City (Lakeview Hills - Frank Narlock Property). Ald. Foldy moved to defer action on same for two weeks pending receipt of deed restrictions, developer's agreement, drainage plans, etc. Seconded by Ald. Knudsen, motion carried. Ordinance #263 - The Clerk gave the second reading of same, entitled, An Ordinance to Rezone Certain Property and to Amend the Zoning Map of the City (Schober & Radtke - The Lake). Ald. Foldy moved for adoption, seconded by Ald. Czarnecki. Since this proposal is a Planned Development, Ald. Foldy moved to defer action on same for two weeks pending receipt of developer's agreement. Seconded by Ald. Dumke. Motion carried. NEW BUSINESS Resolution 11162-73 - The Clerk read same, entitled, Approval of Extension of Time - Lakeview Hills Approval. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Resolution #163-73 - The Clerk read same, entitled, Authorizing Transfer of Funds. Ald. Foldy moved for adoption, seconded by Ald. Wallner. Upon roll call the motion carried unanimously. Resolution,#164-73 - The Clerk read same, entitled, Approval of Certified Survey Map. (Gerald Heinz - 4-parcel division on Hillview Dr.) Ald. Schaum- berg moved for approval, seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Resolution #165-73 - The Clerk read same, entitled, Authorizing the advertis- ing of Bids for Five New Squad Cars. Ald. Schaumberg moved for adoption, seconded by Ald. Foldy. Upon roll call the motion carried unanimously. l Resolution #166-73 - The Clerk read same, entitled Recommending Denial of Legal Status (C. Schumacher - Lots 32 and 33, Kingston's-On-Muskego). Ald. Schaumberg moved for adoption, seconded by Ald. Ford. Upon a roll call vote the motion carried with Ald. Wallner casting a dissenting vote. Resolution #167-73 - The Clerk read same, entitled, Establishing Traffic Regulations (25 mph on Center Dr., between Hwy 24 and Lake Dr. and on Schubring Dr. between Lannon Dr. and Lake Dr.) Ald. Foldy moved for adoption, seconded by Ald. Czarnecki. Upon roll call the motion carried unanimously. a Resolution 1'168-73 - The Clerk read same, entitled, Renewing Membership in Wis. League of Municipalities. Ald. Foldy moved for adoption, seconded by Ald. Schaumberg. Upon a roll call vote the motion carried with Ald. Knudsen casting a dissenting vote. Common Council - 10/9/73 City of Muskego - P. 3 New Business - Cont'd. Resolution #169-73 - The Clerk read same, entitled, Approval of Permit to Park Trailer (Robert Unger) Ald. Foldy moved for adoption, seconded . ,by Ald. Czarnecki. Mr. Unger had requested permission to park house trailer temporarily pending completion of his new home on Oak Grove Drive. Upon roll call the motion carried unanimously. l Resolution 8170-73 - The Clerk read same, entitled, Authorizing Ruekert 6 Mielke to Prepare Plans and Specifications for Forced Hookup (Paulson residence on Cornell Drive). Ald. Dumke moved for adoption, seconded by Ald. Czarnecki. Upon a voice vote the motion carried. Resolution #171-73 - Acceptance of Roads and Public Utilities in Lincolnshire Subdivision. Ald. Schaumberg moved for adoption, seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Resolution #172-73 - The Clerk read same, entitled, Acceptance of Public Utilities and Roads in Willow Wood Subdivision. Ald. Schaumberg moved for adoption, seconded by Ald. Ford. Upon roll call the motion carried with Ald. Foldy casting a dissenting vote. Resolution #173-73 l - Initiating Action to Borrow Funds. The Clerk read the resolution. Ald. Foldy moved for adoption, seconded by Ald. Schaumberg. Mayor Gottfried requested permission of the aldermen to have Financial Consultant Seegar Swanson speak. As there were no objections Mr. Swanson explained the advantages of borrowing funds ($740,000.00)at this time to be used for capital improvement purposes. Upon roll call the motion to adopt Resolution i/173-73 carried unanimously, l Ordinance F264 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend Section 3.10 of the Municipal Code of the City of Muskego, Wisconsin, by Adding Thereto, Section 5(g) (Re: Non-profit organizations providing recreational facilities). Ald. Knudsen moved to suspend the rules in order to have the second reading of the ordinance. Seconded by Ald. Foldy. Upon a roll call vote to suspend the rules Aldermen Czarnecki, Dumke, Foldy, Knudsen and Wallner voted "aye". Aldermen Ford and Schaum- berg voted "nay". The motion to suspend the rules carried. The Clerk gave the second reading of Ordinance #264. Ald. Ford moved to defer action on same because an amendment recommended by the Rules, Laws h Ordinance Committee had not been incorporated into the ordinance. Seconded by Ald. Schaumberg. Upon a voice vote the motion to defer carried. Ordinance #265 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend Ch. 8 of the Municipal Code of the City of Muskego. (Re: Culvert Installation) Ordinance #266 - The Clerk gave the first reading of same, entitled, An Ordinance Repealing & Recreating Ch. 15 of the Municipal Code of the City of Muskego (Electrical Code). Ordinance #267 - The Clerk gave the first reading of same, entitled, An -* Ordinance to Repeal and Recreate Ch. 15 of the Municipal Code (Re: Advising that the Electrical Code is incorporated into the Municipal Code and shall be published in pamphlet form. Ordinance 1~268 - The Clerk gave the first reading of same, entitled, An Ordinance to Repeal and Recreate Sec. 9.22 of the Municipal Code of the City of Muskego (Re: Burning Ordinance). l Common Council - 10/g/73 City of Muskego - P. 4 New Business - Cont'd. 8 8 - 8 Ordinance #269 - The Clerk gave the first reading of same, entitled, An Ordinance to Repeal and Recreate Ch. 16.27 and Create Ch. 16.28 of the Municipal Code (Re: Discharge of Clear Water Sump) LICENSE APPROVAL - Ald. Dumke moved for the approval of Class "B" Fermented Malt Beverage and Intoxicating Liquor License for Kenneth Christensen, subject to compliance of corrective orders as contained in the Building Inspector's Report dated September 21, 1973. Ald. Schaumberg, motion carried. Seconded by Ald. Schaumberg moved for the Mitschka and Janice Flancher. approval of Operators Licenses for Karl Seconded by Ald. Ford, motion carried. CITY OFFICIAL'S REPORTS - The month of September indicating Clerk gave the Building Report for the 11 new dwelling units and total construction of $426,407.00. Report placed on file. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The Clerk read a petition from John C. Boyd, representing Mrs. Lillie RaPp, requesting legal lot status for Lot 1 Block 8, Muskego Shores Subdivision. Petition referred to Plan Commission. The Clerk read a notice from Attorney Joseph Welcenbach, representing Anton A. Beringer, dated 10/g/73, appealing recommendation of denial for legal lot status. Referred to City Attorney. The Clerk read a communication from Mrs. Marian T. Bowerfind, directed to the Common Council, dated 1015173, regarding injuries she sustained as a result of a fall in the public library. Same referred to City Attorney, Finance Committee and the insurance company. A communication was read directed to the Common Council from D. St. Eiche, President of Hydra-Parts Corporation, dated g/25/73, regarding development of their land on Lannon Dr. and Janesville Rd. Same referred to Sewer Committee. The Council received a communication from Ald. Ray Wallner, dated, 1015173, requesting cancellation of public hearing set for October 15, 1973, con- cerning revision of proposed zoning map. Mayor Gottfried declared a recess at lo:30 P.M. and the meeting reconvened at lo:35 P.M. At this time Resolution 11274-73, entitled, Requesting Cancellation of Public Hearing on Revised Zoning Map of the City of Muskego Set for October 15, 1973, was introduced..Ald. Wallner moved to suspend the rules that would allow.the resolution to be acted upon. Seconded by Ald. Schaumberg. Following considerable discussion between the aldermen and Mayor regarding the proposed zoning map changes, Ald. Schaumberg called for the question. Seconded by Ald. Ford. Upon a roll call vote to call for the question the motion carried with Ald. Wallner casting a dissenting vote. Upon a roll call vote on the motion to adopt Resolution #274-73, Aldermen Czarnecki, Dumke, Foldy, Ford, Knudsen and Schaumberg voted "nay". Ald. Wallner voted "aye". The motion to adopt Resolution #174-73 was defeated. ADJOURNMENT - Ald. Schaumberg moved to adjourn, seconded by Ald. Ford. Motion carried. The meeting adjourned at 11:04 P.M.