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ccm19780926COMMON COUNCIL .CITY OF MUSKEG0 MINUTES OF MEETING HELD SEPTEMBER 26, 1978 The meeting was called to order at 7.36 P.M. by Mayor Gottfried. Also present were Aldermen Dumke, Pienkos, Ford, Schaumberg, Tomczyk, Van Lanen and Wallner, City Attorney Buckley and City Clerk Bette Bowyer. Ald. Schaumberg moved to approve the minutes of the meeting held 9/12/78 and moved that same be accepted and placed on file. Seconded by Ald. Dumke. Motion carried. 8 COMMITTE REPORTS Ald. Schaumberg presented the reports of the Finance Committee meetings held on 9120178 and 9/26/78 and moved that same be accepted and placed on file. Seconded by Ald Dumke. Uponmmroll call the motion carried. Ald. Tomczyk presented the report of the Public Works Committee meeting held on 9/21/78 and moved that same be accepted and placed on file. Seconded by Ald. Schaumberg. Motion carried. Ald. Pienkos presented the report of the Public Safety Committe meeting onded by Ald. Tornczyk. Motion carried. Ald. Tomczyk presented the report of the Rules, Laws & Ordinance Commit- tee meeting held 9/13/78 and moved that same be accepted and placed on file. Seconded by Ald. Pienkos. Motion carried, held 9/20/78 and moved that same be accepted and placed on file. Sec- Ald. Tomczyk presented the reuort of the Public Sewer Committee meeting held 9/18/78 and moved that same be accepted and placed on file. Sec- onded by Ald. Dumke. Motion carried. ) i The minutes of the Plan Commission meeting held 9/19/78 were received and placed on file. ) UNFINISHED BUSINESS \ Ordinance $1355 - An Ordinance to Amend Ch. 18, Sec. 2 3 of the Municipal Code of the City (Re: Payment of fee in lieu of land dedication) This ordinance was on the floor for discussion. Ald Pienkos moved to amend Ordinance #355 to have Sec 1 (a) read as follows; "If the Common Council has determined that such dedication is not feasible or compat- family lot, 2) $200 00 per residential unit for two-,family, multi- thereof pay to the City the following fees 1) $200 00 per single fzmily aEd combined commercial residential project, and 3) equivalent values for planned unit development projects." Also to have Sec. 1 (c) more than one additional unit or parcel of land, payment shall be read as follows "Where the development results in the creation of not required only for the additional unit." Motion seconded by Ald. Tomczyk Ald Wallner spoke in opposition of Ordinance #355 Upon a roll call Ald Wallner voting "no". On the motion to adopt Ordinance $1355, As vote on the motion to amend Ordinance #355, the motion carried with Amended, upon a roll call vote the motion carried with Ald Wal.lner voting "no" . Municipal Code of the City (Re: Dedication fee). Ald Pienkos moved Ordinance $1356 - An Ordinance to Create Sec. 10.9, Ch. 18 of the for adoption, seconded by Ald. Tomczyk. Ald. Wallner again spoke as being opposed to this or?.inance. Upon a roll call vote the motion to adopt carried with Ald. Wallner voting "no". 7 ible with development of the ccmnunity, the developer shall in lieu P 9/26/78 Page 2 At this time Ald. Ford requestedm have Ordinance $1357 acted upon prior to the consideration of Resolution 1,190-78. Approval of Preliminary Plat (The Meadows). As there were no objections from his fellow alder- .men, City Clerk Bowyer read the ordinance, entitled, An Ordinance to Amend the Zoning District Map of the City (S. Potrykus - former Nettes- heim Farm - R2 to RS2 OPD). Ald. Schaumberg moved for adoption. Seconded by Ald. Wallner. Ald. Ford spoke in opposition to the pro- posed rezoning of the land in question expressing concern at the size of the lots contained in the proposed subdivision, as did Ald. Van have five persons speak, those beir,g Attorneys Double and Rice, Mr. Lanen. Ald. Wallner requested permission of his fellow aldermen to Ted Templeton, Mr. Steckel, Rev. Brandt and Mr. Potrykus. Mr. Rice advised the Council chat they would prefer to be heard at the time Resolution #190-78 is considered. He indicated that Mr. Templeton would speak for the group regarding Ordinance #357. As there were no objections, Mr.Templeton urged the aldermen to consider zoning of 314 acre lots in all lake areas and to consider the density originally planned for the Lake Denoon area Mr. Potrykus, developer of the land again reiterated that he felt the present plan was in accordance with the feelings of the majority of the residents in the area. Also, he indicated that it would not be economically feasible to develop the required by the c.ity. Following further discussion by several of subdivision with larger lots particularly because of the improvements the aldermen and the Mayor, upon a roll call vote to adopt Ordinance #357; Aldermen Ford, Pienkos, Van Lanen and Wallner voted "no". Aldermen Dumke, Schaumberg and Tomczyk voted "aye". The motion to adopt Ordinance #357 did not carry Resolution $1190-78 - Approval of Preliminary Plat (The Meadows). Ald Schaumberg moved to table Resolution 11190-78. Seconded by.Ald Tomczyk. Upon a roll call vote the motion carried unanimously. COMMUNICATIONS FROM THE MAYOR'S OFFICE - The Clerk read a proclamation trom Mavor Jerome J. Gottfried Droclaiming the month of October, 1978, to be WiSCONSIN RESTAURANT MONTh in the City of Muskego NEW BUSINESS Resolution #191-78 - The Clerk read same, entitled, Approval of Certified Survey Map (Mark Koenig). Ald Dumke moved for adoption Seconded by Ald Schaumberg. Upon roll call the motion to adopt carried unanimously. Resolution #192-78 - The Clerk read same, entitled, Approval of Certified Survey Map (Don Miller - Former Vesbach property). Ald. Dumke moved for adoption. Seconded by Ald. Tomczyk. Ald. Van Lanen moved to defer action on this resolution to give him time to discuss with the Building Inspector certain concerns. Seconded by Ald Wallner Upon a roll call vote the motion to defer carried unanimously. Resolution #193-78 - The Clerk read same, entitled, Approval of Certified Survey Map (M. Gaborsky) Ald. Dumke moved for adoption. Seconded by P.ld Ford. Discussion took place roegarding the: history of the lot in question and upon a roll call vote on the motion to adopt, Aldermen Ford, Pienkos, Schaumberg, Van Lanen and Wallner voted "aye". Alder- men Dumke and Tomczyk voted "no". The motion to adopt carried. Resolution #194-78 - Denial of Legal Lot Status (R. Wittbrot) Ald Dumke moved for adoption. Seconded by Ald. Wallner. Ald Wallner requested permission of his fellow aldermen to have Mr. Wittbrot speak. As tksere were no objections, Mr. Wittbrct explained his reasons for requesting legal lot status He further felt his lots had conformed Mr Wittbrot appear before the Plan Commission's next meeting. Ald. to the city's zoning requirements since 1964 Mayor. Gottfried suggested Dumke moved to defer action on Resolution 11194-78 for two weeks. Seconded by Ald. Van Lanen. Upon a voice vote the motion to defer carried. Resolution #195-78 - The Clerk read same, entitled, Approval of Pre- liminary Plat (Oaks of Norway - Add. 81 - Town of Norway). Ald. Dumke moved for adoption. Seconded by Ald. Schaumberg. Upon roll call the motion to adopt carried unanimously ~ ~ ~~~ City of Muskego Cornon Council 9/26/78 - P. 3 Hearing Date for Rezoning Request (C. Gratzek - Valley Square - RSM Resolution 11196-78 - The Clerk read same, entitled, Establishing Public Dumke moved for adoption. Seconded by Ald. Schaumberg. Upon a roll call vote the motion carried unanimously Resolution $1197-78 - The Clerk read same, entitled, Establishing Traffic north and 112 mile south of Woods Road betwec:n 7 30 AM and 3 30 PM, Mon. Regulations (No Parking on the east and vest side of Racine Ave 118 mile thru Fri and a 4-way stop sign at the jntersection of Forest Dr. and Upon roll call the motion carried unanimously Resolution 11198-78 - The Clerk read same, entitled, Establishi~g Position and Salary for Court Clerk-Dispatcher. Ald. Tomczyk moved for' adoption. Seconded by Ald. Pien1:os. Upon roll call the motion carried unanimously. Resolution 11199-78 - The Clerk read same, entitled, Acceptance of Bid for Installation of Concrete Invert (Fennimore Ditch - Bristlecone La to Woods Rd - Brookfield Culvert - $31,900 00) Ald. Dumke moved for adoption Seconded by Ald. Tomczyk Upon roll call the mc8tion carried 6 and RS-3 to RS-2) Public Hearing Date to be 10124178, 7:15 P.M. Ald. 1 Hiawatha Dr ) Ald Tomczyk moved for adoption. Seconded by Ald. Pienkos 1 1 unanimously. 0 Resolution #ZOO-78 - The Clerk read same, entitled, Establishing Public " Ald. Dumke moved for adoption, seconded by Ald. Tomczyk. Hearing date Hearing Date for Rezoning Request (Caesar property - Sec. 32 - R2 to RS2) scheduled for 10/24/78 at 7 00 P M. Upon a roll call vote the motion to adopt carried unanimously. Resolution 11201-78 - The Clerk read same, entitled, Granting Permission for Driving Skiii7Contt:st cn Big Nuskego Lake (1/'28/79 and 2/18/79). Ald Schaumberg moved for adoption. Seconded by Ald Ford. Upon a roll call vote the motion carried unanimously. Ordinance $358 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend the Zoning District Map of the City of Muskego (Re Kisconsin Emporium - David Cunningham - Sec. 8 - B-2 to RS-2.) Ordinance $361 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend the Zoning District hlap of the City of Muskego. (Re G. Grieve11 - Sec 16, RS-1 to RS-1 OD) Ordinance $362 - The Clerk gave the first reading of same, entitled, An Ordinance to Amend the Zoning District ?>lap of the City of Muskego 0 (American College Property - See. 1.6 - RS-1 (OPD) to RS-1 VOUCHER APPROVAL - Ald. Schaumberg mo\;ed to approve the payment of general vouchers in the amount of $296,092 95 Seconded by Ald. Tomczyk. Upon a roll call vote the motion to pay the vouchers carried unanimously. LICENSE APPROVAL - Ald. Schaumberg moved for the approval of Operator's License for Judy Rwiatkowski, Phil Snyder, John Nucinski, Vicki Bomski and Tim Brauer. Also, approval of a "Gathering" Permit for Ladies Auxiliary of the Muskego Volunteer Fire Co. for October 28, 1978 Seconded by Ald. Dumke. hlotion carried. CITY OFFICIAL'S REPORTS - City Attorney Buckley reported on pending litigation of the city COh!hlUNIC4TIONS AND MISCELLASEOUS BUSINESS - Ald Pienkos urged his activities. fellow aldermen to consider daytime hours for 1978 Halloween Handout Mayor Gottfried advised those present of the necessity to increase sewer usage charges in the near future to help offset increased expenses of the sewer utility district. Motion carried. The meeting adjourned at 9 30 P.M. ADJOURhWENT - Ald Pienkos moved to adjourn. Seconded by Ald. Van Lanen. Respectfully submitted, je