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ccm19740625COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD JUNE 25, 1974 I The meeting was called~ to order at 7~56 P.M. by Mayor Gottfried. Also present ~0 were Aldermen Dumke, Foldy, Ford, Knudsen, Schaumberg and Wallner, City Clerk Bowyer and City Attorney Buckley. Ald. Ford moved for the approval of minutes of previous meeting held on as mailed. @" 6111174, Seconded by Ald. Schaumberg, motion carried. Ald. Schaumberg presented the report of the Finance Committee meetings held 6/19/74 Andy b/25/74 and moved that they be accepted and placed on file. Seconded by Ald. Foldy, motion carried~. Ald. Knudsen requested that the acceptance of the minutes be voted on separately. Upon a voice vote to accept the minutes of 6119174 the motion carried. Upon a voice vote to accept the minutes of 6125174 the motion carried with Ald. Knudsen casting a dissenting vote. Ald. Dumke presented the report of the Public Works Committee meeting l-eld 6120174 and moved that it be accepted and placed on file. Seconded by Ald. Wallner, motion carried. Ald. Knudsen presented the report of the Public Safety Cormnittee meeting l held 6110174 and moved that it be accepted~ and placed on file. Seconded by Ald. Wallner, motion carried. Ald. Schaumberg presented the report of the Public Sewer Committee meeting held on 6124174 and moved that it be accepted and placed on file. Seconded by Ald. Ford, motion carried. UNFINISHED BUSINESS Resolution #99-74 - Approval of Solid Non-combustible Landfill Permit for Norman Thomas. This resolution is on the floor. Following a lengthy discussion, Ald. Knudsen moved to amend Resolution i/99-74, by adding Section 21 as follows: "That the wells on all adjoining property be in- spected for water safety at least annually from the date hereof and at more frequent intervals as determined desirable by the County Health Department or the Department of Natural Resources." Seconded by Ald. Ford. Following further discussion Ald. Knudsen moved~ to amend the amendment to have it read., "That the wells on all adjoining property be inspected for water safety at least annually from the date hereof by the State Department l of Hygiene. These inspections to be paid for by the owners of the pit." Seconded by Ald. Schaumberg. Upon a roll call vote the motion to amend Resolution #99-74 carried unanimously. Upon a roll call vote to amend the amendment the motion carried unanimously. Following more discussion, Ald. Knudsen moved to amend Sec. 19 by changing the requirement of the layer of properly compacted clean earthen material required in the base of the pit from 10 feet to 16 feet. Seconded by Ald. Foldy. Upon a roll call vote on Ald. Knudsen's motion, Aldermen Dumke, Fords, Schaumberg and Wallner voted "nay". Aldermen Foldy and Knudsen voted "aye'!. The motion did not carry. Ald. Ford then moved to further amend Resolution $199-74 by adding the following paragraph: BE IT FURTHER RESOLVED that this resolution is subject to Plan Commission review of the initial restoration plan. Seconded~ by Ald. 4 Schaumberg. Upon a roll call vote the motion to further amend Resolution 1199-74 carried unanimously. Upon a roll call vote the motion to adopt Resolution j/99-74, As Amended, carried unanimously. l l 1 I I 1 ‘e Common Council 6125174 - P. 2 NEW BUSINESS Resolution $1116-74 - The Clerk read same, entitled, Approval of Revised Plan for Mus-Kee-Guac. Ald. Ford moved for adoption, seconded by Ald. Foldy. Discussion followed Andy Ald. Knudsen requested permission of Rev. James Williams to speak. As there were no objections, Rev. Williams expressed the Covenant Living Center's intentions to negotiate with the Council an equitab service charge in the event they qualified as a non-assessable institution. Resolution $1117-74 - The Clerk ready same, entitled, Set Public Hearing Date for Amendment to Zoning District Map (Re: Removal of OA District south of le Tans Drive). Ald. Ford moved for adoption, seconded by Ald. Foldy. Upon a roll call vote the motion carried with Aldermen Knudsen and Wallner voting "no". (Public Hearing to be 7123174 at 7:OU P.M.) Resolution #118-74 - The Clerk read same, entitled, Set Public Hearing Date for Amendment to Zoning Ordinance (Allowing for a solar heating system). Ald. Ford moved for adoption, seconded by Ald. Wallner. Upon a voice vote the motion carried. (Public Hearing to be 7123174 at 7:15 P.M.) Resolution j/119-74 - The Clerk read same, entitled, Set Public Hearing Date for Amendment to Zoning Ordinance (Re: Removing B2 zoning from triangle bounded by College Ave. and Martin Dr.) Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Upon a roll call vote, Aldermen Dumke, Ford, Foldy and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "nay". The motion carried. (Public Hearing to be 8113174 at 7:15 P.M.) Resolution Y/120-74 - The Clerk read same, entitled, Approval of Extractive Permit for Lydia and Carl Wauer. Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Upon roll call vote Aldermen Dumke, Ford, Foldy and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "no". The motion carried. Resolution j/121-74 - The Clerk read same, entitled, Set Public Hearing Date for Amendment to Zoning District Map (Re: Removing OIP Overlay (former Nike Site). Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Upon a roll call vote the motion carried with Aldermen Knudsen and Wallner voting "no". (Public Hearing to be Z/23/74) Resolution i/122-74 - The Clerk read same, entitled, Set Public Hearing Date for Amendment to Zoning District Map (Re: Removing B2 in Sec. 16 to RS2) Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Upon a roll call vote Aldermen Dumke, Fords, Foldy and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "no". The motion carried. (Public hear- ing to be 8113174 at 7~00 P.M.) Resolution i/123-74 = The Clerk read same, entitled, Approval of Final Plat - Sonoma Park (Town of Vernon). Ald. Ford moved for adoption, seconded by Ald. Schaumberg. Upon roll call the motion carried unanimously. Resolution i/124-74 - The Clerk read same, entitled, Appointment of Citizen Members to Library Board (Ruth Leichtfuss and Olga Mimier). Ald. Dumke moved for adoption, seconded by Ald. Wallner. Upon roll call the motion carried unanimously. Resolution Y/125-74 - The Clerk read same, entitled, Resolution to Change Name of New Cornell Drive to Cornell Circle. Ald. Ford moved for adoption, seconded by Ald. Knudsen. Upon roll call the motion carried unanimously. Resolution i/126-74 - The Clerk read same, entitled, Resolution Directing City Attorney to Create Special Assessment Districts (Re: Lake Rehabilitation) Ald. Ford moved for adoption, seconded by Ald. Knudsen. Upon roll call the motion to adopt carried unanimously. Cormnon Council 6125174 - P. 3 New Business - Cont'd. Resolution l/127-74 - The Clerk read same, entitled, Urging the Plan Connnission to Approve Sign for Parkland Theater (Introduced by Ald. i) Foldy) Ald. Foldy moved for adoption, seconded by Wallner. A lengthy discussion took place with Ald. Ford, as Council representative to the Plan Commission, reviewing the events that le.-‘ to the Plan Commission's * denial of the sign. Upon a roll call vote to adopt Resolution #127-74, the motion carried unanimously. Resolution i/128-74 - The Clerk read same, entitled, Approving Request of Shagbark Subdivision Connection to the City Sewer System. Ald. Dumke moved for adoption, seconded by Ald. Schaumberg. Ald. Schaumberg moved to amend the sixth paragraph of the resolution to read as follows: THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby grant the request of Shagbark Subdivision to Connect into the city's sewer system subject to the 65% limitation established in Resolution i/220-71 and to remove the last paragraph of the resolution in its entirety. Seconded by Ald. Dumke. Upon a roll call vote to amend Resolution i/128-74, Aldermen Dumke, Foldy, Ford and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "nay". The motion to amend carried. Upon a roll call vote to adopt Resolution, As Amended, Aldermen Dumke, Foldy, Ford and Schaumberg voted "aye". Aldermen Knudsen and Wallner voted "nay". The motion to adopt Resolution #128, As Amended, carried. Resolution i/129-74 - Ald. Foldy moved to suspend the rules in order that this resolution could be acted upon at this meeting. Seconded by Ald. Schaumberg. Upon roll call the motion carried unanhmously. The Clerk read the resolution, entitled Establishing the Position and Salary of Sewage Treatment Plant Operator. Ald. Foldy moved for adoption, seconded by Ald. Ford. Upon roll call the motion carried unanimously. Resolution #130-74 - Ald. Foldy moved to suspend the rules that would interfere with the adoption of this resolution. Seconded by Ald. Ford. Upon roll call the motion carried unanimously. The Clerk read same, entitled, Establishing Salary for Sewer Utility Maintenance Man. Ald. Schaumberg moved for adoption, seconded by Ald. Wallner. Upon roll call the motion carried unanimously. At this time Ald. Ford moved to reconsider Resolution i&29-74. Seconded by Aid,. Foldy . l Upon roll call the motion to reconsider carried unanimously. Ald. Foldy moved to amend the resolution by adding the following paragraph: "BE IT FURTHER RESOLVED that the position and salary shall become effective as of February 1, 1974." Seconded by Ald. Dumke. Motion carried. Upon a roll call vote the motion to adopt Resolution i/129-74, As Amended, carried unanimously. Resolution j/131-74 - Ald. Foldy moved to suspend the rules in order that this resolution could be acted upon. Seconded~ by Aid. Schaumberg. Upon roll call the motion carried unanimously. The Clerk read the resolution entitled, Acceptance of Offer to Purchase Parcel of Land in Muskego Business/Industrial Park (Suhm Laboratories, Inc.) 1.1 acres Lot 10 Blk 3 e $7,700.00. Ald. Foldy moved for adoption, seconded by Ald~. Knudsen. Upon roll call the motion carried unanimously. Resolution i/132-74 - Ald. Dumke moved to suspend the rules that would interfere with the adoption of same. Seconded by Ald. Schaumberg. Upon roll call the motion carried unanimously. The Clerk read Resolution i/132-74 entitled, Authorizing Ruekert & Mielke to prepare Plancand Specifications 0 for Sewer Installation on S.T.H. 24 West of Racine Ave. Ald. Dumke moved for adoption, seconded by Ald. Schaumberg. Upon roll call the motion carried unanimously. Common Council Meeting 6/25/74 - P. 4 LICENSE APPROVAL l Ald. Schaumberg moved for Council approval of Class "B" Fermented Malt Beverage and Intoxicating Liquor Licenses for Lulu Belle Schimming and John Dentice. Seconded by Ald. Dumke, motion carried. l Aid. Foldy moved for approval of Class "A" Fermented Malt Beverage and Intoxicating Liquor License for John Kapsos. Seconded by Ald. Dumke. A lengthy discussion took place regarding the application of said license by Thomas Felton and John Blasius and Ald. Foldy moved to amend the motion by adding the following "subject to the condition that the building is re- modeled and open for business within 90 days from the date such license is approved as a liquor store and convenience store." Seconded by Ald. Schaumberg. Following considerable more discussion Al'd~. Ford moved to call for the question. Seconde,d by Ald. Foldy. Upon a roll call vote to call for the question the motion carried with Ald. Knudsen casting a dissenting vote. Upon a roll call vote on the motion, as amended, to approve a Class "A" Fermented Malt Beverage and Intoxicating Liquor License for John Kapsos the motion carried with Ald. Knudsen casting a dissenting vote. l Ald. Schaumberg moved for the approval of Swimming Beach and Waterway Marker Permit for Donald Dixon (formerly Schuler's). Seconded by Ald. Dumke, motion carried. Ald. Foldy moved for the approval of Operator's Licenses for Robert Hering, James Broehm, Roland Radtke, Carol Janicki, Dorothy Perkl, Kenneth Grabske, Valeria Allen and Charles Kannard. Seconded by Ald. Schaumberg, motion carried.. Ald. Schaumberg moved for the approval of Operators License for Mary Ann Bauer, subject to receipt of favorable Fingerprint Report. Seconded by Ald. Dumke, motion carried. Ald. Schaumberg moved for the approval of Operators License for Patrick Schimming, subject to receipt of favorable Midical Report, seconded by Ald. Foldy, motion carried. VOUCHER APPROVAL - Ald. Foldy moved for the approval of payment of general 0 vouchers in the amount of $263,346.98 payable 6125174. Seconded by Ald. Schaumberg, motion carried upon roll call vote. COMMUNICATIONS AND MISCELLANEOUS BUSINESS ELECTION OF ALDERMAN FROM WARD IV TO SUCCEED ALBERT F. CZARNECKI - In accordance with recently adopted State Legislation, the election was conducted orally. The first candidate receiving four votes to be declared elected. The four candidates were William G. Smith, Morton Smith, Sr., Dean Oschmann and Clarles C. Colbum. On the fourteenth ballot, Charles C. Colburn was declared elected. He thanked the aldermen for their vote of confidence and 6yas. administered the Oath of Office by City Clerk Bette l Bowyer. Ald. Ford urged his fellow aldermen to contact their state representatives regarding the new anti-secrecy legislation as it relates to balloting. Clerk Bowyer acknowledged a Notice of Claim and Notice of Damage filed against the city by Raymond R. Wallner, dated 5116174 in the amount of * $318,770.00. Same referred to City Attorney Buckley. ADJOURNMENT - Ald. Wallner moved to adjourn, seconded by Ald. Colburn, motion carried. The meeting adjourned at 11:25 P.M. je