ccm19660823COMMON COUNCIL
CITY OF MUSKEGO
MINUTES OF MEETING HELD AUGUST 23, 1966
Mayor Gottfried called the meeting to order at I:35 P.M.
PRESENT- Mayor Gottfried, Aldermen Edmund Budish, Sivier Joost, Jr.,
S. Robert Lentini, Myron Weaver and Walter Wollman. Also present
were City Clerk Bette J. Bowyer and Attorney Richard Hippenmeyer.
* ABSENT - Alderman Roland Linck.
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MINUTES - Alderman Budish moved to accept the minutes of the previous
meeting held on August 9, 1966, seconded by Alderman Wieselmann and
the motion carried.
COMMITTEE REPORTS
Finance Committee - Alderman Budish presented the report of the
Finance Committee held on August 17, 1966, and moved that the report
be accepted and placed on file. Seconded by Alderman Joost, motion
carried.
Public Works Committee - Alderman Wieselmann presented the report of the meeting held on August 18, 1966, and moved that the report
be accepted and placed on file. Seconded by Alderman Wollman, motion
carried.
Public Safety Committee - Alderman Weaver presented the report of
the Safety Committee meeting held on August 10, 1966, Because the
report had not been placed in the hands of the Aldermen prior to the Council meeting, action on same was deferred until the next
meeting.
Rules, Laws E Ordinance Committee - Alderman Joost presented the
report of the gules, Laws & Ordinance Committee meeting held on Aug-
ust 18, 1966, and moved that the report be accepted and placed on
file. Seconded by Alderman Weaver. In answer to a question by
Alderman Budish, Alderman Weaver stated that no definite contract
had been received from Mr. Sundby of Municipal Services, Inc., only
a stipulation of the service they would provide. The motion to
adopt the report carried.
Plan Commission - The report of the Plan Commission meeting held
on August 16, 1966, was received and placed on file.
UNFINISHED BUSINESS
Ordinance #49 - The Clerk gave the second reading of Ordinance #49,
entitled, An Ordinance Establishing Speed Zones on Certain City
Streets in the City of Muskego, Waukesha County, Wisconsin (Field Dr.) Alderman Weaver moved for the adoption of Ordinance H49, seconded by Alderman Wollman, motion carried.
Ordinance H47 was brought back to the floor for action. The Clerk
Gad Ordinance #47, entitled, An Ordinance Prohibiting the Discharge
of Firearms and Guns in the City of Muskego. Alderman Weaver moved
to amend Ordinance #47, Sec. 2, Line 1 as follows: The word
"commercial" be inserted between the words "fo@'and "target".
Seconded by Alderman Joost. Alderman Wieselmann objected to this
amendment indicating that it inferred that one could not shoot clay pigeons, etc. on his own private premises. Alderman Weaver stated
that as long as Section 2 dealt with only commercial shooting it
was very apropos that the word "commercial" be used. After con- siderable discussion, upon a roll call vote to insert the word "commercial", Aldermen Budish, Lentini and Wieselmann voted "no"
and Aldermen Joost, Weaver and Wollman voted "aye". To break the tie, Mayor Gottfried voted "aye". The motion to amend Sec. 2 carried. Alderman Weaver moved to amend Ordinance #47 as follows: Page 2, Line 3
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the wording changed to "and who shall have had executed to him written delegation, etc." Seconded by Alderman Wollman, motion
carried. Alderman Weaver moved to amend Ordinance #47 as follows:
Sec. 4, Page 4, to read, "Any person violating the provisions of
this ordinance shall upon conviction thereof forfeit a fine of
not more than $50.00 together with the cost of prosecution and
in default of payment thereof, by imprisonment in the Waukesha
County Jail until such forfeiture and costs are paid but not ex-
ceeding 30 days." Seconded by Alderman Joost, motion carried.
Alderman Wieselmann also expressed a desire to amend Ordinance #47. He requested that the City Attorney prepare the wording for a
section in the ordinance that would allow private shooting.
Alderman Wieselmann then requested permission of the Aldermen
present to have Mr. Eldon Hahn speak as the representative of
a gun club group. Mr. Hahn spoke in opposition to any restrictions on the discharge of firearms in farm areas.
Alderman Wieselmann requested permission of the Aldermen present
to have Mr. Louis Ludwig speak. Mr. Ludwig spoke in opposition to any restrictions placed on the private individual who wanted
to trap shoot on his own property. Alderman Weaver stated that it was his feeling that the ordinance would tave anything away from
the farmers. /$+
Alderman Wieselmann requested permission'of the Aldermen present
for a representative of the farmers, Mr. Walter Heinrich, to speak.
Mr. Heinrich stated that he felt that anybody around a farm should
be allowed to shoot. Alderman Weaver displayed evidence as to the
effectiveness of a 22 caliber rifle and pistol from 200 feet to
a mile. Mr. Hippenmeyer explained to the people present that laws
can't be made for one particular person. He explained to Mr. Hahn
how the ordinance would not have any effect on his shooting preserve
and he explained to P;r. Ludwig how he could go about continuing
to trap shoot in his yard. Alderman Lentini moved to defer action
on this ordinance until Attorney Iiippenmeyer could prepare an
amendment so as to not change the farmer's shooting privileges. Seconded by Alderman Wieselmann. Upon a roll call vote to defer
action on Ordinance #47, Aldermen Lentini and bJieselmann voted "aye"
and Aldermen Rudish, Joost, Weaver and Wollman voted "no". The
motion to defer action on Ordinance H47 did not carry.
Alderman Joost moved to amend Ordinance #47 as follows; Section 1,
a subsection (d) to read: "Any person may on his own property, or with the consent of the property owner thereof, use a shot gun for target practice providing he is more than 500 feet from any dwelling,
or any Federal, State, County Highway, or any City Street or park, church, municipal or school grounds or any other private dwellings".
Alderman Wieselmann moved to amend the amendment by changing the
figure of 500 feet to "250 feet" in Alderman Joost's amendment.
The motion lost for lack of a second. The motion to amend Ordinance
#47 carried.
Alderman Wieselmann moved to amend Ordinance #47 as follows: Section
1, a new subsection (3) to read "Any person owning or renting land
in the City of Muskego and operating same for farm purposes, or any
person under his direct supervision and control, may use a 22 caliber rifle or pistol using rim fired cartridges for the purpose of destroy-
ing birds and animals doing damage to his crops or for the control
of rodents, but in no case closer than 250 feet from any Federal,
State, County Highway or City Street or park, church, municipal or
school grounds!' Seconded by Alderman Lentini. Alderman Budish
spoke in opposition of any rifle shooting in the City except that
of an authorized range. Alderman Joost stated that 250 feet was
not a safe distance, especially in his ward where farms abutted a
subdivision. At lo:08 Mayor Gottfried declared a recess and the
meeting reconvened at lo:17 P.M. Alderman Weaver and Mayor Gottfried
both spoke in opposition of and explained that a rifle fired on a farm
adjacent to a subdivision could be extremely dangerous. Upon a roll
call vote on the motion to amend Ordinance H47 by adding a new
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Section 3, Aldermen Budish, Joost, Lentini, Weaver and Wollman voted "no" . Alderman Wieselmann voted "aye". Alderman Joost moved to re- consider the word "commercial" in Sec. 2, Line 1. Seconded by Alder-
man Wieselmann, motion carried. Alderman Wieselmann moved to substi- tute the word "licensed" for the word "commercial" in Sec. 2, Line 1. Seconded by Alderman Budish, motion carried. Alderman Wieselmann moved to amend Sec. 3, subsection (d) as follows: The words "and number of applicants" be deleted. Seconded by Alderman Budish, motion carried. Alderman Wieselmann moved to amend Ordinance #47, Sec. 3, subsection cc), line 2, as follows: The words "of a substantial means
of his livelihood" be deleted, and the following words be added after the word "land": "and operating same for farm purposes or any person under his direct supervision and control for the purpose, etc." Seconded by Alderman Joost. Motion carried. The motion to adopt Ordinance #47, As Amended, carried.
Resolution H170 - The Clerk read Resolution #170, entitled, Denying
the Request of Gravel, Inc. to Operate an Asphalt Plant. Alderman
Weaver questioned the validity of Resolution #170. Alderman Weaver
moved that Reason (4) of the denial of the Plan Commission be deleted,
seconded by Alderman Joost. Considerable more discussion took place and the motion to amend Resolution H170 carried. In answer to a
question by Alderman Lentini, Attorney Hippenmeyer advised that the
resolution is ambiguous since on one hand it denys the request of
Gravel, Inc. and in the same resolution grants them permission to
operate. Alderman Joost urged his fellow Aldermen to vote "no" on
Resolution #170 and suggested another resolution be presented granting them a permit to operate. Upon a roll call vote to adopt Resolution #170, As Amended, Aldermen Budish, Joost, Lentini, Wieselmann and
Wollman voted "no". Alderman Weaver voted "aye".
NEW BUSINESS
Ordinance H50 The Clerk gave the first reading of Ordinance #50,
entitled, An OFdinance Amending Ordinance #16, Entitled, An Ordinance
Ad0pting.a Previously Existing-Zoning Ordinance of the Town of Muskego,
Waukesha County, Wisconsin, and Amending the Same.
Resolution #179 - The Clerk read Resolution #179, entitled, Appointment
of a Citizen Member to the Park 6 Recreation Board. Alderman Wiesel-
mann moved for the adoption of Resolution #179, seconded by Alderman
Budish. Upon a roll call vote the motion to adopt Resolution #179
carried unanimously.
Resolution H180 - The Clerk read Resolution #180, i.e. Authorizing
the Wisconsin Natural Gas Company to Install Gas Mains in the City of
Muskego. Alderman Budish moved for the adoption of Resolution #180,
seconded by Alderman Wollman, motion carried.
Resolution #181 - The Clerk read Resolution #181, entitled, Granting
halesand and Gravel a Permit to Quarry Gravel. Alderman
Lentini moved for the adoption of Resolution #181, seconded by Alderman
Budish, motion carried.
Resolution #182 - The Clerk read Resolution #182, entitled, Authorizing
the Finance Committee to Negotiate for the Purchase of Real Estate
Adjacent to the City Hall. Alderman Budish moved for the adoption
of Resolution 8181, seconded by Alderman Wieselmann. Upon a roll call
vote to adopt Resolution N182 the motion carried unanimously.
Resolution H183 - The Clerk read Resolution #183, entitled, Accepting
Certain Lands in the Jewel Crest Subdivision. Alderman Budish moved
to defer action on Resolution #183 until the next regular meeting of
the Common Council. Seconded by Alderman Wieselmann, motion carried.
Resolution 8184 - The Clerk read Resolution #184, entitled, Denying
the Aoblication of Hattie Stefaniak to Rezone Certain Parcels of Land
in Section 21. Alderman Joost moved for the adoption of Resolution
#184, seconded by Alderman Weaver. The Clerk read a communication from
the Plan Commission directed to the Common Council and Mayor stating l their reasons for recommending the denial of the rezoning of this
particular property. The motion to adopt Resolution H184 carried.
VOUCHER APPROVAL - Alderman Budish moved that the Common Council
approve payment of vouchers in the amount of $16,885.34 payable
to August 23, 1966. Seconded by Alderman Joost. vote the motion carried unanimously. Upon a roll call
LICENSE APPROVAL - Alderman Budish moved that a Class "B" Fermented Malt and Intoxicating Beverage License be granted to Stella Erno
and Donald Recore. Seconded by Alderman Joost and the motion carried.
Resolution #I85 - The Clerk read Resolution H185, entitled, Authorizing the Wisconsin Natural Gas Company to Install Gas Mains in the City of
Muskego. Alderman Wieselmann moved for the suspension of rules that would interfere with the adoption of Resolution @.85, seconded -
by Alderman Wollman, motion carried. Alderman Budish moved for the adoption of Resolution #lSS,
motion carried. seconded by Alderman Wieselmann,
Mayor Gottfried declared a recess at 11:lO P.M. The meeting re-
convened at 11:15 P.M.
LICENSE APPROVAL - Alderman Budish moved for the approval of Bar-
tender's Licenses for Larry Haines, Jr., Schill. LaVerne Schultz and Elroy
Seconded by Alderman Joost, motion carried.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
The Clerk read a communication received from the Waukesha County
Health Department as to their activities in the City of Muskego.
Communication placed on file.
The Clerk read a communication from the State of Wisconsin Department
of Taxation thanking the City of Muskego for its cooperation regarding
the denial of issuance of liquor licenses to applicants who were
delinquent in the payment of sales taxes to the State. Communication
to be placed on file.
The Clerk read a communication directed to the Common Council from
the Secretary of the Board of Review advising of the Board's and
the Assessor's recommendation that the entire City of Muskego be
re-assessed immediately. Communication to be referred to the Finance
Committee.
Resolution H186 - Alderman Budish introduced Resolution #186 amd the Clerk read it as follows: "WHEREAS Gravel, Inc., has petitioned
the Common Council for an annual extractive permit for mining of gravel in certain lands owned by them in Section 5, TIIEREFORE, BE IT
RESOLVED, that the Common Council does hereby grant said permit conditioned on the execution by Gravel, Inc., of the restoration
plan previously submitted to them, and the filing with the City of
a satisfactory bond assuring compliance therewith in the amount
of $25,000.00 by September 2, 1966." Alderman Budish moved to
suspend the rules that would interfere with the adoption of Resolution
#186, seconded by Alderman Wollman, motion carried. Alderman Budish
moved for the adoption of Resolution H186, seconded by Alderman
Wollman. Alderman Weaver indicated that he felt that a $25,000.00 bond was not sufficient. He further stated that the Council should
go along with the recommendation of the Plan Commission in leaving
the bond amount set at $40,000.00. Alderman Wollman compared the amount to bonds imposed on larger pits and indicated that $40,000.00 was too large for this operation. Alderman Lentini advised that
Gravel, Inc. would be willing to give the City a lien on their
property as a portion of the bond. Mr. Hippenmeyer advised that in his opinion this was not feasible. The motion to adopt Resolution
#186 carried.
Resolution 11187 - Alderman Budish introduced Resolution 15187 and the Clerk read it as follows: WHEREAS Gravel, Inc., has petitioned the Common Council of the City of Muskego to grant an accessory use permit for the purpose of manufacturing asphalt in the City of
Muskego on certain lands owned by them in Section 5, and, WHEREA.S,
the Common Council has not concurred in fhhe recommendation of the
Plan Commission that this request be denied, THEREFORE BE IT RESOLVED that the Common Council of the City of Muskego does hereby
grant to Gravel, Inc., an accessory use permit to operate a temporary~
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asphalt plant on lands owned by them in Section 5, City of Muskego,
said permit to expire October 31, 1967. BE IT FURTHER RESOLVED
that this permit is granted subject to first obtaining an extractive
permit for mining gravel on said premises." Alderman Budish moved
for the suspension of rules that would interfere with the adoption
of Resolution #187, seconded by Alderman Joost, motion carried.
Alderman Budish moved for the adoption of Resolution #187, seconded by Alderman Wollman. Alderman Joost moved to amend ResoJution #187
to add the word "temporary" before the words "asphalt plant" in the
third paragraph. Seconded by Alderman Weaver, motion carried.
Alderman Weaver moved to amend Resolution H187 by adding another
paragraph as follows: "BE IT FURTHER RESOLVED that it is the present
intent of this Council not to renew this permit as of October 31, 1967." Seconded by Alderman Budish, motion carried. The motion to adopt
Resolution #187, As Amended, carried.
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Resolution #188 - Alderman Wieselmann introduced and read Resolution
#188 as follows: "WHEREAS, Helen Pelzman has been associated with
the Muskego Public Library-since its inception, 1958, WHEREAS, under
her direction the Muskego Public Library has developed to one that is
fulfilling the needs of the City, and WHEREAS, Helen Pelzmann has
given of her time and energies over and above the normal call of
duty, and WHEREAS, the residents of the City of Muskego, particularly
the users of the Muskego Public Library, will sorely miss her.
THEREFORE BE IT RESOLVED, that the Common Council of the City of
Muskego does hereby express their appreciation for the capable and
devoted leadership of Helen Pelzmann in her activities as Librarian.
BE IT FURTHER RESOLVED, that the Common Council direct that a copy of
this resolution shall be made a part of the records of the City of
Muskego and a copy shall be presented to Mrs. Pelzmann with the
official seal of the City of Muskego affixed thereon." Alderman
Wieselmann moved to suspend the rules that would interfere with the
adoption of Resolution 11188, seconded by Alderman bJeaver, motion
carried. Alderman Wieselmann moved for the adoption of Resolution
#188, seconded by Alderman Wollman, motion carried.
Alderman Weaver moved to adjourn the meeting, seconded by Alderman
Joost, motion carried. The meeting adjourned at 11:53 P.M.
Respectfully submitted,
Q A”4Wu/ Bette J.&owyer, CFy Clerk
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