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ccm19740528COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD MAY 28, 1974 The meeting was called to order at 7~55 P.M. by Mayor Gottfried. * PRESENT - Mayor Jerome Gottfried, Aldermen Dumke, Foldy, Ford, Knudsen, Schaumberg and Wallner, City Clerk Bette Bowyer and City Attorney Buckley. 8 ABSENT - Ald. Albert F. Czarnecki. APPROVAL OF MINUTES - Ald. Schaumberg moved for the approval of minutes of meeting held on 5114174, as mailed. Seconded by Ald. Knudsen, motion carried. COMMITTEE REPORTS Ald. Schaumberg presented the reports of the Finance Committee meetings held on May 14th, May 22nd and May 2Sth, 1974, and moved that the reports be accepted and placed on file. Seconded by Ald. Dumke, motion carried. Ald. Knudsen presented the report of the Public Safety Committee meeting held on May 16, 1974, and moved that it be accepted and placed on file. Seconded by Ald. Wallner, motion carried. a Ald. Foldy presented the report of the Public Welfare Committee meeting held on 5/21/74 and moved that it be accepted and placed on file. Seconded by Ald. Wallner, motion carried. I I Ald. Knudsen presented the report of the Rules, Laws & Ordinance Committee ! meeting held on May 16, 1974, and moved that it be accepted and placed I on file. Seconded by Ald. Foldy, motion carried. The minutes of the Plan Commission meeting held 5121174 were received and placed on file. i; UNFINISHED BUSINESS Resolution #41-74 - Authorizing Ruekert & Mielke to Develop,a Drainage Plan for a Portion of the City. Ald. Ford moved to again defer action on the resolution for two weeks to give a representative of Ruekert & Mielke to appear before the Public Works Committee to further review their proposed plan. Upon a voice vote the motion to defer carried. 0 Resolution #50-74 - Approval of Final Plat of "The Ridges". Since the Developer's Agreement has now been received by the city, upon a roll call vote the motion to adopt Resolution #50-74 carried unanimously. It was suggested by Ald. Ford that Mr. Bryce Styza, representing Harmony Homes, be invited to the next meeting of the Public Works Committee to discuss the drainage plans of his proposed subdivision. Resolution #S7-74 - Requiring the Payment of Delinquent Withholding Taxes and State Sales Tax Prior to the Issuance of Intoxicating Liquor and Fermented Malt Beverage Licenses. As this resolution was on the floor., upon a roll call vote to adopt same, Aldermen Ford, Knudsen and Schaumberg voted "nay". Alder- * men Dumke, Foldy and Wallner voted "aye". There being a tie vote, Mayor Gottfried voted "aye". The motion to adopt Resolution #t37-74 carried. COMMUNICATIONS FROM THE MAYOR'S OFFICE The Clerk read a proclamation from Mayor Gottfried proclaiming the month of June to be Nation Guard and Reserve Month. Common Council 5/28/74 - P. 2 Communications from the Mayor's Office - Cont'd. Ald. Foldy advised that the Rules, Laws & Ordinance Committee has now distributed a Code of Ethics for all city officials and employees for a their review and comments. NEW BUSINESS l Ordinance #277 - The Clerk gave the first reading of same, entitled, An Ordinance Creating Chapter 26 of the Municipal Code to Regulate Conduct in Public Places. Ald. Knudsen moved to suspend the rules in order that this ordinance could be acted upon at this meeting and his motion lost for lack of a second. Resolution i/98-74 - The Clerk read same, entitled, Acceptance of Low Bid for Reconstruction of a Portion of Kelsey Drive. Ald. Schaumberg moved for adoption, seconded by Ald. Wallner. Ald. Ford moved to defer action on same since the low bid was over the budgeted amount and neither the Finance Cormaittee or Public Works Committee had taken formal action on the matter. Seconded by Ald. Knudsen. Upon a roll call vote the motion to defer carried unanimously. 0 Resolution i/99-74 - The Clerk read same, entitled, Approval of Solid Non-- combustible Landfill Permit (Norman Thomas). Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Ald. Knudsen moved to defer action on the resolution in order that it could be referred back to the Welfare Committee for further review. Seconded by Ald. Ford. Upon a roll call vote the motion carried unanimously. Resolution #lOO-74 - The Clerk read same, entitled, Acceptance of Offer to Purchase Parcel of Land in Muskego Industrial Park (Patrick Flannick and Steven Mark). Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Following discussion, Ald. Foldy moved to amend the 4th paragraph of the resolution as follows: "BE IT FURTHER RESOLVED that this acceptance is subject to the buyers removing the stipulation regarding a Class B Fer- mented Malt and Intoxicating Liquor License 15 days after date of this acceptance." Seconded by Ald. Knudsen. Upon roll call the motion carried with Ald. Ford casting the only dissenting vote. Upon a roll call vote to adopt Resolution #100~74, As Amended, the motion carried with Ald. Ford casting a dissenting vote. e Resolution 1~101-74 - The Clerk read same, entitled, Authorizing Ruekert and Mielke to Determine Feasibility and Costs of Building Total Water System (Industrial Park). Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Upon roll call the motion carried unanimously. Resolution #102-74 - The Clerk read same, entitled, Authorizing Ruekert 6 Mielke to Prepare Plans and Specifications for Sewer & Water in the Industrial Park. Ald. Foldy moved for adoption, seconded by Ald. Knudsen. Upon roll call the motion carried unanimously. Resolution #103-74 - The Clerk read same, entitled, Establishing Traffic Regulations (40 mph on Durham Dr. between Woods Rd. and N. Cape Rd.). Ald. Ford moved for adoption, seconded by Ald. Wallner. Ald. Dumke spoke in favor of placing a 35 mph speed limit in this area. Following further discussion, Ald. Wallner moved to amend the resolution by changing the 40 mph to 35 mph. Seconded by Ald. Dumke. Upon roll call to amend the resolution Aldermen Dumke, Foldy and Wallaer voted "aye". Aldermen Ford, Knudsen.and Schaumberg voted "nay". Mayor Gottfried broke the tie by voting "nay". The motion to amend did not carry. Upon a roll call vote to adopt Resolution i/103-74, Aldermen Foldy, Ford, Knudsen and Schaumberg voted "aye". Aldermen Dumke and Wallner voted "nay". The motion to adopt Resolution #103-74 carried. Common Council S/28/74 - P. 3 New Business - Cont'd. Resolution #104-74 - The Clerk read same, entitled, Authorizing Lease Agreement Between Xerox Co. and City of Muskego. Ald. Schaumberg moved a for adoption, seconded by Ald. Dumke. Upon a roll call vote the motion carried unanimously. Resolution #105-74 a - The Clerk read same, entitled, Authorizing the Reprinting of the Municipal Code. by Ald. Schaumberg. Ald. Foldy moved for adoption, seconded Upon roll call the motion carried unanimously. Resolution i/106-74 - The Clerk read same, entitled, Urging the State and Co. Highway Commissions to Restudy the Intersection of Racine Ave. and S.T.H. 24. Ald. Ford moved for adoption, seconded by Ald. Wallner. Ald. Knudsen moved to amend the resolution by adding the following paragraph: "BE IT FURTHER RESOLVED that the Common Council suggests that consideration be given to the installation of traffic control lights as a solution to the traffic problem". The motion lost for lack of a second. Upon a roll call vote to adopt Resolution i/106-74 the motion carried unanimously. a LICENSE APPROVAL - Ald. Foldy moved for the approval of Operators Licenses for Martin Narloch, Warren Schoonmaker and Daniel Hilt. Seconded by Ald. Schaumberg. Upon a voice vote the motion carried. Ald. Foldy moved for the reconsideration of the action taken by the Council on 5114174 regarding the approval of the Class "B" Fermented Malt Beverage and Intoxicating Liquor Licenses for the fiscal year 1974-75. Seconded by Ald. Schaumberg. Upon a roll call vote the motion carried unanimously. Ald. Foldy moved to amend the list by deleting the name of Alvin Simon. Seconded by Ald. Schaumberg. Motion carried. Upon a roll call vote to approve the list, As Amended, the motion carried unanimously. VOUCHER APPROVAL - Ald. Foldy moved for the approval of payment of general vouchers in the amount of $259,385.99. Seconded by Ald. Schaumberg. Upon I roll call the motion carried unanimously. Ald. Schaumberg moved for the approval of payment of Sewer Utility Vouchers in the amount of $12,200.13 payable 5128174. Seconded by Ald. Foldy. Upon a roll call vote the motion carried unanimously. I COMMUNICATIONS AND MISCELLANEOUS BUSINESS Ald. Ford moved to set the public hearing date for rezoning approximately seven acres in Sec. 10 from BS-2 to B-2 to permit construction of a retail hardware store for June 25, 1974, at 7:00 P.M. Seconded by Ald. Wallner. Motion carried. The Clerk read a communication from Mr. Donald Yahr, dated May 22, 1974, tendering his resignation from the Park and Recreation Board. Placed on file. ADJOURNMENT - Ald. Knudsen moved to adjourn. Seconded by Ald. Schaumberg, motion carried. The meeting adjourned at lo:08 P.M. Re~~l~~ Bette J. Bowyer, City Clerk BJB/je