ccm19781010COMMON COUNCIL
CITY OF MUSKEGO
MINUTES OF MEETING HELD OCTOBER 10, 1978
The meeting was. called to order at 8 06 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 for the approval of the minutes of the meeting
held 9/26/78 and moved that same be accepted and placed on file
Seconded by Ald Tomczyk Motion carried.
Committee Reports
Ald. Schaumberg presented the reports of the Finance Committee meetings
held on.1019178 and 10/10/78 and moved that same be accepted and
placed on file. Motion carried.
Ald Tomczyk presented the report of the Public Works Committee
meeting held 10/5/78 and moved that same be accepted and placed on
Ford as to the status of his request for a guard rail to be installed
file Seconded by Ald Schaumberg. In answer to a question from Ald
on Yuskego Dr., Chairman Schaumberg advised the committee had viewed
motion to accept the report carried
the area, however, no decision has been made at of this date The
The minutes of the Plan Commission meeting held 10/3/78 were
acknowledged.
UNFINISHED BUSINESS
Resolution $192-78 - Approval of Certified Survey Map (D Miller -
Vcsbach property). This resolution is on the floor and upon a roll
call vote the motion to adopt carried unanimously
Lot Status (R Wittbrot) Because Mr. Wittbrot had requested to with-
Resolution #194-78 - The Clerk rea5 same, entitled, Denial of Legal
draw his petition for legal lot status, Ald. Dumke moved to table
this resolution. Seconded by Ald Schaumberg Upon a roll call vote
the motion to table Resolution $1194-78 carried unanimously.
Ordinance $1358 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend the Zoning District Nap of the City (Re Vis
Emporium - D Cunningham (B-2 to RS-2) Alderman Pienkcsmoved for
adoption Seconded by Ald Wallner Ald Ford spoke as being opposed
to the adoption of this ordinance Upon a roll call vote on the motion
to adopt Ordinance 11358, Aldelmen Dumke, Pienkos and Schaumberg
voted "aye" Aldermen Ford, Tomczyk, Van Lanen and Wallner voted
"no" The motion to adopt did not carry.
Ordinance #361 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend the Zoning District Map of the City of Muskego
(G Grieve11 - RS-1 OPD to RS-1) Upon a roll call vote the motion
to adopt carried unanimously.
Ordinance $1362 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend the Zoning District Map of the City. (American
College Property - RS-1 OPD to RS-1) A.ld Dumke moved for adoption
Seconded by Ald. Tomczyk Following a short discussion, upon a roll
call vote on the motion to adopt Ordinance $1362, the motion carried
unanimously.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor Gottfried advised that Halloween activities in the City of Muskego will be from 4 00 P M. to 6:OO P.M on Monday, October 30, 1978.
Common Council
10/10/78 - Page 2
Communications from the Mayor's Office - Cont"d.
The Clerk read Mayor Gottfried's veto message of Resolution 11193-78,
moved to override the veto Seconded by Ald Wallner. Considerable
entitled, Approval of Certified Survey Map (M. Gaborsky). Ald. Ford
discussion took place and based upon legal advice that the Common
Council does not have the authority to grant variances of this nature
Ford and Tomczyk voted "aye". Aldermen Dumke, Pienkos, Schaumberg,
upon a roll call vote on the motion to override the veto, Aldermen
Van Lanen and Wallner voted "no". The motion to override did not carry.
It was suggested by Mayor Gottfried that Mr. and Mrs. Gaborsky petition
the Bozrd of Appeals for legal lot status.
The Clerk read Mayor Gottfried's veto message of Ordinance 8357,
entitled, An Ordinance to Amend the Zoning District Map of the City
(S Potrykus - former Nettesheim Farm (~R2 and R1 to RS2) Ald. Ford
moved to override the Mayor's veto. Seconded by Ald Van Lanen Dis-
cussion took place as to the proper procedure to take in the event the
Common Council does not concur with the recommendation of the Plan
Commission Ald Wallner requested permission of his fellow aldermen
to have Attorney Richard Double speak Ald. Schaumberg objected to
the request. As a result of that objection, Mayor Gottfried requested
the Clerk to take a roll call vote on the matter. Upon the roll call
vote, Aldermen Pienkos, Van Lanen and Wallner voted "aye". Aldermen
Ordinance 11357, Aldermen Ford, Van Lanen and Wallner voted "aye".
defeated On the motion to override Mayor Gottfried's veto of
Aldermen Dumke, Pienkos, Schaumberg and Tomczyk voted "no". The
motion to override did not carry Ald Pienkos then moved to adopt
Ordinance $1357 Seconded by Ald Tomczyk. Ald Ford moved to refer
Ordinance {I357 back to the Plan Commission because the majority of the
Council members did not agree with the commission's recommendation
. Seconded by Ald. Pienkos. Upon a roll call vote on the motion to refer
Ordinance #357 back to Plan Commission the motion carried unanimously
Dumke, Ford, Schaumberg and Tomczyk voted "no". The request was
NEW BUSINESS
Resolution 6202-78 - The Clerk read same, entitled, Resolution
Authorizing City of Muskego, Waukesha County, Wisconsin, Industrial
Development Revenue Bonds (Edward H Lanke and Erla M. Lanke Project -
Wisconsin Coil Spring Corporation). Ald Ford moved for adoption,
seconded by Ald. Tomczyk (Revenue bonds not to exceed $250,000 00)
Upon a roll call vote the motion carried unanimously.
Ordinance #358 - At this time Ald Tomczyk moved to reconsider Ordinance
$1358, entitled, An Ordinance to Amend the Zoning District Map of the
City of Muskego (Re Wis Emporium - D Cunningham (B-2 to RS-2)
Since the majority of the Council did not concur with the recommendation
of the Plan Commission the same procedure as had been used for Ordinance
#357 needed to to followed Ald Van Lanen seconded the motion to
Ald Ford moved to refer Ordinance #358 back to plan Commission be-
reconsider. Upon roll call the motion to reconsider carried unanimously
Corrmission recommendation. Seconded by Ald Tomczyk Upon a roll
cause the majority of the Council was not in agreement with the Plan
call vote the motion carried unanimously
Resolution 11203-78 - The Clerk read same, entitled, Approval of
Certified Survey Map (Lester Pufall) Ald Dude moved for adoption
Seconded by Ald Tomczyk Upon a roll call vote the motion to adopt
carried unanimously
Resolution #204-78 - The Clerk read same, entitled, Approval of
of Gold Drive). Ald. Dumke moved for adODtion Seconded hv Ald
Developer's Agreement (Richard Zach - former Froelich property off
8
Tomczyk Upon roll call the motion carried unanimously ~ ~ - a -,
Resolution 8205-78 - The Clerk read same, entitled, Approval of
moved for adoption Seconded by Ald. Dumke. Upon a roll call vote
HoIding Tank Installation (Lavery - Hill 'N' Dale Inn) Ald Tomczyk
the motion to adopt carried unanimously
Resolution #206-78 - The Clerk read same, entitled, Acceptance of
State Grant OFfer for Sewer Projects -($98,114 00). Ald Dumke moved
for adoption Seconded by Ald. Tomczyk Upon a roll call vote the
motion carried unanimously. (Grant being for Projects MSS-1-76 and
2-76 - Bay Lawn and Freedom Acres).
Resolution #207-78 - The Clerk read same, entitled, Recognizing
Services of Steven J. Pischke to the Community Ald Tomczyk moved
for adoption Seconded by Ald. Van Lanen Ald Ford commented that
Mr Pischke, .Director of Parks and Recreation Department, will be
sorely missed by the members of the Board Upon a roll call vote the
motion to adopt carried unanimously.
An Ordinance to Amend Section 15 12 of the Municipal Code of the
Ordinance #359 - The Clerk gave the first reading of same, entitled,
of the City of Muskego (Re Qualifications of applicants of Licensing
Board)
An Ordinance to Create Sec. 30 51 of the Municipal Code of the City
Ordinance a360 - The Clerk gave the first reading of same, entitled,
(Re Change of Occupancy)
VOUCHER APPROVAL - Ald Dumke moved for the approval of payment of
general vouchers in the amount of $195,978 43 payable 10/11/78
Seconded by Ald Van Lanen Upon a roll call vote the motion carried
unanimously
LICENSE APPROVAL - Ald. Ford moved for the approval of Operator's
Licenses for Debra Guthrie and for a "Gathering" Permit for the
Muskego Icetronauts for October 15, 1978. Seconded by Ald. Pienkos
Motion carried
CITY OFFICIAL'S REPORTS - The Clerk gave the Building Report for the month ot September, 1978, indicating five new dwelling units and total construction for that month in the amount of $544,368-00, Same placed
on file.
City Attorney Buckley reported on past and pending litigation of
the City
COMMUNICATIONS AND MISCELLANEOUS BUSINESS - The Clerk acknowledged
receipt of a claim from Ann Olewinski in the amount of $2,673 94
for damages as a result of backup of sewage in her basement located
on Silver Drive Same referred to City Attorney and Finance Committee
The Clerk acknowledge receipt of a petition for determination of
the status of Lot 9 Block 2, Meadowdale Subdivision, submitted by
Willard E. Anderson, W191 S7222 Lannon Drive Same referred to Plan
Commission
The Clerk acknowledged receipt of a petition signed by 14 persons
who own property directly opposite from the proposed Meadows
Subdivision objecting and protesting against the petition requesting
a change in zoning of the property contained in The Meadows Subdivision
Same placed on file
ADJOURNMENT - Ald Wallner moved to adjourn Seconded by Ald Van
Lanen Motion carried The meeting adjourned at 9 55 P,M
ReSDeCtfdlV submitted.
/5-.g&d- Bette J. Bowy , City Clerk