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CCR1991085COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #85-91 AUTHORIZE EXECUTION OF STIPULATION AND ORDER (City of Muskego vs. Loebel) WHEREAS, the City of Muskego has instituted, by citation and complaint filed in the Municipal Court, an action relating to alleged zoning violations to the zoning code of the City of Muskego, and WHEREAS, the parties of the above action have agreed upon terms for entry of an order dismissing the action. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize the Mayor to sign the attached Loebel. Stipulation and Order, Case No. 90 CV 2252, Gerald and Sandra DATED THIS 23RD DAY APRIL , 1991. FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders ATTEST : City Clerk 4/91cac 0 STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY GERALD AND SANDRA LOEEEL, Plaintiffs, vs . CITY OF MUSKEGO, a municipal corporation, De4endant. Case No. 90 CV 2252 STIPULATION nm ORDER WHEREAS, the Plaintiffs in the above-captioned action have filed herein a claim for: relief based upon alleged loss incurred due to a partial or ccmp.Lete loss of the use of their property for the operation of a custoa: marble processing business, together with expenses relating to the potential relocation of said business to other properties for continuance of said business, and 0 WHEREAS, the City of Muskego has instituted, by citation and complaint filed In the Municipal Court for the City of Muskego, an action relating to alleged zoning violations pertalnlng to the operation of said business cantrary to the zoning code of the City of Muskego, Complaint No. OOOL82, and WHEREAS, the parties to the above-captioned action have agreed upon terms for entry of an order dismissing the action herein. NOW, THERSFORE, XT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-captioned action together with their counsel that said action may be dismissed, upon its merits, without costs to any party upon the following terms and conditions: 1. The Plaictlffs shall be permitted to operate the custom marble processicg buscncss upon their properry located at W181 S9134 Parker Drive in the City of Muskego, County Of Naukesha, State of Wisconsin, until. four years fallowing che date the Cammon Council Of the City of Muskego approves this stipulation by resolution. This date shall be deemed the "termination date". 2. That no busineas activity whatsoever shall occur outside Of the existing structures on said property, excepting existing external uses relating to pickup, delivery, and vehicle parking (inoluding two business vehicle8 and a fork lift); and outdoor Storage in those areas stst forth In Exhibit "A" attached hereto and Incorporated by referenc:e. 3. That during the term of the operation of said business at said location, the PlainZiffs shell employ no more than 7 full-time employees or the equivalent thereof in full-time and/or part-time employees. 4. That on and before the termination date, the City of Muskego shall not seek to enforce its zoning code as against the Plaintiffs with regard to the operation of the business, so long as the business is operated in strict compliance with the provisions of this Stipulation. The City shall not otherwise interfere with the operation of the Loehel's business operation and shall confirm with any third party who inquires or complains about the Loebel business that it is a legal operation to the extent the business operates within the term and conditions of this agreement. 5. That no later t:han the ternination date, the use of the property for any purpose other than that pernitted under the zoning code of the City of Muskego shall be terminated. In the event that such use is not terminated, the City of Muskego may enforce its zoning code by any means available under the laws of the State of Wisconsin, including but not limited to contempt proceedings. 6. The City of Muskego shall enter into a stipulation in e Complaint No. 000182 pending before the Municipal Court of the City 2 Y of MUEkBQO, Wsukeaha County, Wisconsin, In the form attached heroto and incorporated herein by reference, which stipulation provides for the citation end complaint herein referenced to be held open until the termination date to be dismissed in the event the Plaintiffs comply with the provisions of this stipulation as it would relate to terminsting the business use of said property. Further, in the event Plaintiffs comply with the provisions of this stipulation, the City of Muskego, under said stipulation, shall waive any fine or forfeiture alleged to be due under the allegations contained in Complaint No. 000182 pending before the Municipal Court of the C:ity of Muskego. 7. That the City of Muskego shall not interfere with the business operation of the Plaintiffs during the foregoing term. The City shall affirmatively act to uphold the Plaintiffs right to continue their business operation as set forth above in the event that the City receives arly complaints or objections from neighbors. 8 Dated this da,y of , 1991. SANDRA LOEBEL Hudec Law Offices, Attorneys for Plaintiffs WAYNE G. SALENTINE, Mayor Arenz, Molter, Macy 6 Riffle, S.C., Attorneys for Defendant By : By : PATRICK J. HUDEC H. STANLEY RIFFLE 3