ccm19660426COMMON COUNCIL
CITY OF MUSKEGO
MINUTES OF MEETING HELD APRIL 26, 1966
The meeting was called to order at 7:32 by Mayor Gottfried.
Present were Mayor Gottfried, Alderman Edmund A. Budish, Sivier Joost, Jr., S. Robert.Lentini, Roland Linck, Myron Weaver, Donald
E. Wieselmann, and Walter Wollman. Also present were Clerk Bette
Bowger and Attorney Hippenmeyer.
Minutes - Alderman Budish moved that the minutes of the previous
meeting held on April 19, 1966, be accepted as presented and placed on file. Seconded by Alderman Wollman and the motion
carried.
COMMITTEE REPORTS
Finance Committee - Alderman Linck presented the report of the
Finance Committee meeting held on April 20, 1966, and moved
that the report be accepted and placed on file. Seconded by Alderman Joost. The motion to accept the report carried.
Public Works Committee - Alderman Wieselmann presented the report
of the Public Works Committee meeting held on April 21, 1966, and
moved that the report be accepted and placed on file. Seconded by Alderman Budish and the motion carried.
Public Safety Committee - No report.
Public Welfare Committee - No report.
Rules, Laws & Ordinance Committee - No report.
Plan Covxnission - The report of the Plan Commission of the meeting
held on April 19, 1966, was accepted and placed on file.
COMMUNICATION FROM THE MAYOR'S OFFICE
Veto ~Message on Resolution #136 - The Clerk read Mayor Gottfriedts
Veto Message on Resolution #136 relative to the election by the
Common Council of the offices of Clerk, Treasurer, Assessor and
Constable.
Mayor Gottfried stated that in writing his Veto Message he tried
to point out to the Aldermen, so they in their own minds, could
determine what the State Statutes actually say. He pointed out
that Sec. 17.24(s) of the Wisconsin Statutes related to only new
cities whereby new offices were created by the Common Council or
a referendum. The four offices in question were not created by
referendum, they were created by State Statute. He further
indicated that his feeling on vetoing Resolution #136 was based-
on the fact that it is not right for any city administration,
Common Council or Mayor to perform an illegal act. Attorney
Hippenmeyer then thoroughly reviewed Sections 17.25 and 10.43 of the Wisconsin Statutes. He indicated very strongly that the
offices of Clerk, Treasurer, Assessor and Constable were created
by the Legislature of the State of Wisconsin and that the City
fell heir to these offices. A lengthy discussion followed with
several of the Aldermen questioning Attorney Hippenmeyer regarding
the legality of Resolution #136. Alderman Wieselmann moved that
the Common Council of the City of Muskego override the veto of
the Mayor. Seconded by Alderman Lentini. Alderman Wieselmann
then read his reply to Mayor Gottfriedts Veto in the form of a
letter directed to the Aldermen. After considerable discussion
on Alderman.Wieselmann's letter Alderman Lentini moved to table
the motion to override the Veto until the Aldermen had a better
understanding of what is being discussed. Attorney Hippenmeyer
advised that if the Council does not
at this particular time, the Mayor's
Lentlni then rescinded his motion.
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take action on this matter
Veto would stand. Alderman
Upon a roll call vote to override Mayor Gottfriedls Veto of
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Resolution #136, Alderman Budish, Joost, Lentini, Linck, Weaver and Wollman voted 'no". Alderman Wieselmann voted 'aye".
The Clerk read the Veto Message from Mayor Gottfried directed to
a the Aldermen in regard to selecting the Official Newspaper of
the City of Muskego. Mayor Gottfried stated that State Statutes
require specifically that the determination of the Official
Newspaper must go to the one submitting the lowest bid.
Mayor Gottfried advised that in regard to determining a salary for the new position of Treasurer, the Finance Committee would
act on this by either Resolution or Ordinance immediately so
that we can fulfill the wishes of the people as quickly as
possible.
NEW BUSINESS
Voucher Approval - Alderman Budish moved that the Common Council
approve payment of vouchers in the amount of $98,134.19 payable
to April 26, 1966. Seconded by Alderman Linck. Upon a roll
call vote the motion to approve payment of vouchers carried
unanimously.
Resolution #137 - The Clerk read Resolution #137, i.e. Granting
Permission to the Public Works Committee to Advertise for Bids
for the 1966 Road Improvement Program. Alderman Budish moved
for the adoption of Resolution #137, seconded by Alderman
Wieselmann. Upon a roll call vote the motion to adopt Resolution #137 carried unanimously.
Resolution #138 - Approval to the Public Works Committee to
Purchase a Ford Tractor and Backhoe. Alderman Budish moved for
the adoption of Resolution #138, seconded by Alderman Wieselmann.
In answer to a question from Alderman Joost as to whe%her or
not money for this purpose had been provided for in the 1966
Budget, Alderman Budish answered that there is money in the
Budget for this equipment. Upon a roll call vote the motion
to adopt Resolution #138 carried unanimously.
Resolution #139 - The Clerk read Resolution #139, i.e. Designation
r Alderman Lentini moved for the adoption of
resolution #139, seconded by Alderman Wieselmann and the motion
carried.
Resolution #140 - The Clerk read Resolution #140, i.e. Granting
Permission to VFW to Solicit Sale of Poppies in the City of
Muskego. The Clerk then read the communication from the VFW
directed to the Common Council requesting permission to sell
poppies in the City. Alderman Weaver moved for the adoption
of Resolution #140. Seconded by Alderman Budish and the motion
carried.
Resolution #141 - The Clerk read Resolution #141, i.e. Setting
of Date for Rezoning in Section 3. Alderman Lentini moved for
the adoption of Resolution #141, seconded by Alderman Wollman
and the motion carried.
Resolution #l&2 - The Clerk read Resolution #l42, i.e. Appointment
of Council Member and Citizen Member to Park and Recreation Board.
Alderman Lentini moved for the adoption of Resolution %%+2,
seconded by Alderman Joost. Upon a roll call vote the motion
to adopt Resolution #l42 carried unanimously.
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Resolution #143 - The Clerk read Resolution #143, i.e. Appointment of Citizen Member to Board of Appeal. Alderman Weaver moved for the adoption of Resolution #143, seconded by Alderman Lentini. Uaon a roll call vote the motion to adopt Resolution #143 carried \ b unanimously.
Resolution #145 - The Clerk read Resolution #145, i.e. Appointment of Council Member and Citizen Member to Library Board. Alderman l Linck moved for the adoption of Resolution #14.$, seconded by Alderman Budish. Upon a roll call vote the motion to adopt Resolution #145 carried unanimously.
%%$%%%%e-Board of Review. Alderman WolGan moved for the The Clerk read Resolution #I46 i.e. Appointment
adoption of Resolution #146, seconded by Alderman Wieselmann. Upon a roll call vote the motion to adopt Resolution #46 carried unanimously.
CITY OFFICIAL'S REPORT
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Attorney Hippenmeyer commented briefly on the proposed route of the transmission line by the Wisconsin Electric Power Company. Attorney Hippenmeyer then presented Resolution #147, i.e. Regulatiog Utilities as follows:
WHEREAS, the City Council of the City of Muskego, Waukesha County, Wisconsin, pursuant to the authority granted to it by Wisconsin Statutes 196.58, 182.017 and 32.03, and deeming it necessary in order to promote the public health, safety, morals and welfare, comfort, prosperity and property values in the City of Muskego, and intending to provide for adequate convenience of access and safety from fire and other dangers, and to promote the safety and efficiency of public streets and highways, and to aid in conserving and stabilizing the economic values of the community, to preserve and promote the general attractiveness and character of the community environment; to guide the proper distribution and location of population and of various land uses and to conserve and protect from misuse, residential, agricultural, commercial, industrial, flood plains and wet lands, and otherwise provide for the healthy and prosperous growth of the community;
NOW THEREFORE, BE IT RESOLVED, that every public utility within the City of Muskego shall, before said utility or its facilities is permitted to occupy the streets, highways, and other public places within the municipality, shall first obtain an occupancy permit from the Common Council after recommendation from the City Plan Commission. Said Plan Commission shall consider the location and nature of all such additions and extensions, and the time within which they must be completed. The standards as set forth in the Pre- amble hereto and shall, when feasible, recommend that all public utilities extend and expand their facilities along and adjacent to right-of-ways already used by them.
Passed and adopted by the City Council of the City of Muskego, Waukesha County, Wisconsin, on the 26th day of April, 1966.
&&&man Budish moved for the suspension of Rules in order that the Common Council could act on Resolution #147 immediately. Seconded by Alderman Weaver and the motion carried. Alderman Wieselmann moved for the adoption of Resolution #l&7, seconded by Alderman Lentini and the motion carried.
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Attorney Hippenmeyer indicated that there had been a number of ordinances in the process of being drawn up before election, one of them being the Firearms Ordinance. He requested a meeting be held between the members of the new Rules, Laws and Ordinance Committee and himself as soon as possible in regard tobthis ordinance.
Attorney Hippenmeger gave the complete history of all of the proceedings that have taken place from the very beginning in regard to the proposed lagoon site for waste treatment facilities on the property belonging to Walter Vesbach. After considerable discussion Attorney Hippenmeyer read a newly prepared Lease in regard to the Vesbach property. Alderman Weaver moved that the Common Council of the City of Muskego grant permission to Attorney Hippemneyer to present the new Lease to the Vesbachs. Seconded by Alderman Budish and the motion carried.
The Clerk read a communication directed to the Common Council indicating tha,t the City of Muskego is in receipt of two petitions for an extension to our present street lighting district, one from Lannon Dr., south and the other in the vicinity of Lake Street in Krogmanls Subdivision.
The Clerk read a communication from the County Chairman of the Waukesha Blood Donor Club thanking the City for their support to the recent Blood Mobile in Muskego. Communication to be placed on file.
The Clerk advised that the Cit
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has received a remittance of Highway Aids in the amount of 5;2,639.28 from the State High-
way Corvnission of Wisconsin.
The Clerk read a corvnunication from Mr. Dale Dawson of Gravel, Inc. questioning the amount of performance bond required, also in regard to the restoration plan. Communication referred to
the Public Welfare Committee.
The Clerk read a communication from Payne & Dolan of Wisconsin, Inc., requesting extension of their quarrying permit. Commun- ication referred to the Public Welfare Committee.
Alderman Weaver moved to adjourn the meeting, seconded by Alderman Wieselmann. The meeting adjourned at 9:40 P.M.
Respectfully submitted,
,.(& /f$&, l,,
Bette % Bowye+ Clerk
APRIL 21, 1966
HONORABLE ALDERMEN OF THE COMMON COUNCIL OF THE CITY OF ffUSKEG0
GENTLEKEN:
TEE ACTION TAKEN BP A LEGISLATIVE BODY SUCH AS YOURS
AFFECTS PIANY ASPECTS OF COKKUNITP LIFE. IT IS THEREFORE OF
EXTRENE INPORTANCE THAT THESE ACTIONS ARE IN ACCORDANCE WITE
THE LAWS OF THE STATE OF klISCONSIN, PARTICULARLY SINCE THEY
ARE ALWAYS SUBJECT TO COURT REVIEW.
WITH THIS IN MIND, I WOULD LIKE TO REVIEW WITH YOU YOUR
ACTION ON RESOLUTION #I36 TAKEN APRIL 19, 1966, AND SHOW HOW
IT RELATES TO EXISTING STATE LAWS.
As YOU KNOW, ON THE 9~~7 DAY OF MARCH, 1965, THE CONKON
COUNCIL ADOPTED CHARTER ORDINANCE #5 WHICH CONSOLIDATED THE
OFFICES OF CLERK, TREASURER AND COMPTROLLER. THEY ALSO
ADOPTED CHARTER ORDINANCE #6 WHICH PROVIDED FOR THE FILLING
OF THE OFFICES OF CITY CLERK, CITY TREASURER, CITY CONPTROLLER,
CITY ASSESSOR, CITY ATTORNEY AND CONSTABLE BY APPOINTNENT
BY THE MAYOR SUBJECT TO CONFIRNATION OF THE COUNCIL. THE
CHARTER ORDINANCE ALSO PROVIDES THAT SUCH OFFICES SHALL HOLD
THEIR OFFICE UNTIL A SUCCESSOR HAS BEEN APPOINTED AND QUALI-
FIED AND THAT THE TENURE OF SUCH OFFICE NAY BE TERNINATED
AT ANY TINE BY A TWO-THIRDS VOTE OF TEE COUNCIL.
A PETITION BY THE ELECTORATE ASKED IN ESSENCE THAT THE
COUNCIL REPEAL CHARTER ORDINANCES #s AND 6. THE COUNCIL
CHOSE TO SUBNIT THE QUESTION TO A REFERENDUN. WE ARE ALL
AWARE OF THE RESULTS OF TEAT REFERENDUN. THERE IS NO QUEST-
ION IN NY NIND TXEREFORE, THAT THE WISHES OF THE PEOPLE
l¶UST BE FULFILLED.
RESOLUTION #136 WAS INTRODUCED WITH THIS IN NIND ACCORD-
ING TO THE AUTHOR. IT IS NY OPINION THAT RESOLUTION #136,
IN NO WAY, FULFILLS THE WISHES OF THE&PEOPLE AND THAT ITS -
ADOPTION BY THE COUNCIL WAS, IN FACT, AN ILLEGAL ACT.
SECTION 66.04 (2) DEFINES A CHARTER ORDINANCE AS ANY
ORDINANCE WHICH ENACTS, ANENDS OR REPEALS A WHOLE OR ANY
PART OF THE CHARTER OF THE CITY OR VILLAGE. SUCH CHARTER
ORDINANCE SHALL BE SO DESIGNATED, SHALL REQUIRE A TWO-THIRDS
VOTE OF THE NEMBERS ELECTED TO THE LEGISLATIVE BODY OF SUCH
CITY OR VILLAGE AND SHALL BE SUBJECT TO REFERENDUW.
SECTION 66.01 (2) (8) STATES, IN PART, THAT EVERY CHAR-
TER ORDINANCE WHICH ANENDS OR REPEALS THE WHOLE OR ANY PART
OF A CITY OR VILLAGE CHARTER SHALL DESIGNATE SPECIFICALLY
THE PORTION OF THE CHARTER SO ANENDED OR REPEALED. SEC.
66.01 (5) PROVIDES FOR SUBNISSION OF THE CHARTER ORDINANCE
TO THE ELECTORATE UPON THE PETITION OF A SPECIFIC NUUBER
OF CITIZENS.
THE PETITION SUBNITTED BY THE ELECTORATE IN APRIL, 1965,
FOLLOWED SEC. lo.43 OF THE STATUTES WHICH RELATES TO DIRECT
LEGISLATION. THE CITY ATTORNEY HAS QUESTIONED WHETHER OR NOT
THE ADOPTION OF THE REFERENDUN, THROUGH THE PETITION,
ACTUALLY CHANGED CHARTER ORDINANCES #S AND #6. HE HAS
SUGGESTED THAT SINCE THERE IS SORE QUESTION OF THE LEGALITY
OF THE REFERENDUM THAT IF WE ARE TO BE CERTAIN THAT THE
WISHES OF THE MAJORITY OF THE PEOPLE ARE TO BE FULFILLED
IT WOULD BE WISE TO CREATE A NEW CHARTER ORDINANCE FULFILLING
THESE WISHES.
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IF, HOWEVER, WE CHOOSE To ASSUHE THAT THE PETITION AND
REFERENDUM DID, IN FACT, FOLLOW THE CORRECT PROCEDURES AND A~zNDzo CHARTER ORDINANCE #5 AND #6, wz HUST REFER TO SEC.
lo.43 (6) 0~ THE WISCONSIN STATUTES WHICH PROVIDES THAT UPON
PASSAGE OF THIS DIRECT LEGISLATION, IT SHALL TAICZ EFFECT
INUEDIATELY AFTER SUCH ELZCTION. THE QUESTION THEN ARISES,
How ARZ THZ OFFICES OF CLERK, COHPTROLLER, TREASURER, ASSESSOR
AND CONSTABLE TO BE FILLED?
SEC. 17.03 i2) PROVIDES THAT A PUBLIC OFFICE SHALL BE-
COME VACANT ON THE,HAPPENING OF ANY OTHER EVENT WHICH Is
DECLARED BY ANY SPECIAL PROVISIONS OF LAW TO CREATE A VACANCY.
IN MY OPINION, THE REFERENDUM IS SUCH AS EVENT.
SEC. 17.23 (B) PROVIDES THAT VACANCIES IN THE OFFICES
INVOLVED BE FILLED BY APPOINTMENT By THE MAYOR, SUBJZCT To
CONFIRt¶ATION BY THE CONNON COUNCIL. THUS, ACCORDING TO THE
LAWS OF THE STATE OF ~~ISCONSIN, THE OFFICES 0~ CLERK-C~HPTROLLER,
TRZASVR~R, ASSESSOR AND CONSTABLZ ARE TO BE FILLED BY APPOINT-
MENT BY THE MAYOR, SUBJECT TO CONFIRNATION BY THZ COUNCIL
UNTIL THESE ARE FILLED BY ELECTION IN THE APRIL, 1967 ELECTION
WHICH WILL BE HELD PURSUANT TO SEC. 10.36 OF THE 1'41s. STATUTES.
IN REVIEWING RESOLUTION #?36, IT BZCONES READILY APPARENT
THAT IT NEITHER FOLLOWS THE REQUIRENZNTS OF THE STATZ STATUTES
NOR DOES IT ACTUALLY FULFILL THE WISHES OF THE PEOPLE. THE
REFERENDUN RECZNTLY PASSED BY THE PEOPLE STATED THAT THE
POSITIONS OF CLERK-C• NPTROLLER, TRZASVRZR, ASSESSOR AND
CONSTABLE SHALL BE FILLED BY ELECTION OF THZ VOTERS AND THAT
EACH OF THESE OFFICES SHALL BE HELD BY SEPARATE PEOPLE. IF,
THIS PXETHOD OF DIRECT LEGISLATION DID CHANGE CHARTER ORD. #5
AND #6, THEN SEC. 10.43 (6) OF THE STATUTES PROVIDES THAT
SUCH LEGISLATION SHALL NEITHZR BZ REPEALED NOR AXENDED WITHIN
TWO YEARS AFTER ITS ADOPTION EXCEPT BY THE VOTE OF THE PEOPLE.
THE STATUTES, IN NO WAY PERNITS CHANGES IN EITHER CHARTER
ORDINANCES OR IN DIRECT LEGISLATION ORDINANCES BY RESOLUTIONS
SUCH AS WERE ADOPTED ON APRIL 19, 1966. THZ STATUTES CLEARLY
PROVIDES THAT UNTIL AN ZLZCTION IS HELD, THE APPOINTNENTS
SHALL BE MADE BY THZ MAYER S;BJECT TO CONFIRNATIONBY THE COUNCIL.
THZ ELECTORS, IN VOTING rEs ON THZ REFERENDUM, CLEARLY
INDICATED THAT THEY WANTED TO CHOOSE, BY ELECTION, THE PEOPLE
WHO WILL HOLD THESE VARIOUS OFFICES. THEY DID NOT INDICATE,
IN ANY WAY, THAT THEY WISHED THOSE APPOINTNENTS TO BE NADE BY
THE COUNCIL.
AT THE TINZ OF THE PASSAGE OF CHARTER ORDINANCES #5 & #6,
THERE WAS CONSIDERABLE OBJECTION BY THZ CITIZZNS TO THE
NZTHODS USED IN ADOPTING THESE ORDINANCES, I.E., BY PRESBNT-
ING AND PASSING THEN ON THE SAMZ DAY. THIS INDICATZS TO NE,
THAT THE CITIZENS OF THIS COMNUNITY OBJECTED NOT ONLY To THE
CONTENTS OF CHARTER ORDINANCES #5 AND #6, BUT TO THE PRoczDvRzs
USED TO ADOPT THZN.
IT IS NY OPINION THAT ACTION ON RESOLUTION #I36 ON THE
SANE NIGHT THAT IT WAS PRESENTED WILL BZ EQUALLY OBJECTION-
ABLE TO THZ CITIZENS OF THIS CITY.
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RESOLUTION #136 INPLIES THAT ALDERKEN REPRESENTING
DIFFERENT AREAS OF THE CITY ARE MORE QUALIFIED TO DETERNINE
WHO IS BEST SUITED TO SERVE IN THE CAPACITY OF CLERK, TREASURER, ASSESSOR AND CONSTABLE THAN IS TEE MAYOR WHO IS ANSWERABLE
TO TEE ENTIRE ELECTORATE. IT HAS GIVEN TO TEE COUNCIL l?%?KB.,
TEE RIGHT TO DETERNINE WHO IS QUALIFIED AND WHAT NAUES SHOULD
BE SUBHITTED TO YOUR BODY FOR ELECTION. THIS IS CONTRARY TO
LAW AND I CANNOT PERNIT IT. NOR CAN I BELIEVE THAT WOULD BE
THE WISE OF THE NAJORITY OF THE CITIZENS OF THE CiTY OF
MUSKEGO.
IT IS FOR THESE REASONS TEAT I FIND IT NECESSARY TO
VETO ,YOUR ACTION ON RESOLUTION #136.
SINCERELY YOURS,
JJG;BJB 4/22/66
May 6, 1966
HONORABLE ALDERMEN
COMMON COUNCIL
CITY OF MUSKEGO
Gentlemen:
Please accept my thanks for your vote of confidence in a sustaining my vetos on April 26, 1966. You can rest assured
that I will always use my veto powers judiciously. As you know,
by your action of sustaining my veto of Resolution #136 the
appointments of Clerk, Treasurer, Assesor and Constable rests
in the hands of the Mayor with confirmation by the Common Council.
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I halre given considerable thought to my responsibilities as appointing officer as well as your concern in the matter
evidenced by the adoption of Resolution #136. It is my obser-
vation that since you adopted Resolution #136 on April 19, 1966,
you apparently felt the need to take applications for th&positions in the hope that the most qualified persons could have been elected
by you. Since it is the responsibility of the Mayor to consider
the wishes of the Aldermen whenever possible, I feel that this can best be done by using a similar method as proposed in Resolution
#136.
It is therefore my intent to ~make it known that applications for the offices of Clerk and Constable will be accepted immediately.
Since the salary for the Treasurer must first be set,and because
there are decisions which will have to be made by the Finance
Committee and the Common Council regarding this position prior
to the appointment of a Treasurer, applications for this position
will not be accepted at this time, I am, however, considering
holding qualifying examinations for this position.
It is my intent also to accept applications immediately
for the position of Assessor and I have arranged for a qualifying
examination (which has been prepared by the State Bureau of
Personnel) and which will be proctored by a faculty member of
Muskego High School. These examinations will then be forwarded
back to the Bureau of State 'Personnel who will grade them and
send the results to me. My appointment of the Assessor will be
based, to a great extent, on these results.
I think we can all agree that by this method we can be
reasonably certain that the most qualified persons will be appointed
to these positions. It has always been my contention that politics
should be removed as much as possible from the appointment of any
position within the City.
Hoping that these arrangements meet with your approval and thank you for your cooperation and understanding in this
matter I remain,
Sincerely yours,
JJG/je
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