ccm19661011COMMON COUNCIL
CITY OF MUSKEGC
MINUTES OF MEETING HELD OCTOBER 11, 1966
Mayor Gottfried called the meeting to order at 7:34 P.M.
PRESENT - Mayor Gottfried, Aldermen Edmund Budish, Sivier Joost, Jr.,
S. Robert Lentini, Roland Linck, Myron Weaver, Donald Wieselmann and Walter Wollman. Also present were Clerk Bette Bowyer and Attorney Hippenmeyer.
MINUTES - Alderman Weaver moved to accept the minutes of the meeting
held on September 27, 1966, seconded by Alderman Linck, motion carried.
a
l
COMMITTEE REPORTS
Finance Committee - Alderman Linck presented the report of the Finance Committee meetings held on September 28, 1966, and October
5, 1966, and moved that zhe reports be accepted~and placed on file.
Seconded by Alderman Joost, motion carried.
Public Works Committee - Alderman Wieselmann presented the report of the Public Works Committee meetings held on September 29, 1966,
and October 10, 1966, and moved that the reports 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 October 4, 1966, and moved that
the report be accepted and placed on file, seconded by Alderman
Lentini, motion carried.
Public Welfare Committee - Alderman Budish presented the report of
the Public Welfare Committee meeting of October 5, 1966, and moved that the report be accepted and placed on file. Seconded by Alderman Wieselmann, motion carried.
Rules, Laws & Ordinance Committee - Alderman Joost presented the -- reuort of the meeting held on October 6, 1966, and moved that the
report be accepted and placed on file. Seconded by Alderman Wollman,
motion carried.
Plan Commission - The report of the Plan Commission meeting held on
October 4, 1966, was accepted and placed on file.
UNFINISHED BUSINESS
Ordinance @ - The Clerk gave the second reading of Ordinance #SO,
i.e. An Ordinance Amending Ordinance No. 16 Entitled "An Ordinance Adopting a Previously Existing Zoning Ordinance of the City of Muskego,
Waukesha County, Wisconsin and Amending the Same." Alderman Weaver
moved for the adoption of Ordinance #SO, seconded by Alderman Budish,
motion carried.
Ordinance #sl - The Clerk gave the second reading of Ordinance #sl,
i.e. An Ordinance to Amend the Zoning Ordinance of the City of Muskego.
Alderman Weaver moved for the adoption of Ordinance #sl, seconded by
Alderman Joost. Alderman Joost moved to amend Ordinance #sl as follows: Section 1, Subsection A, the words 'an additional" be inserted between the word "be" and "$25.00". Seconded by Alderman Weaver. The motion
to amend Ordinance #51 carried. The motion to adopt Ordinance #sl, AS
Amended, carried.
Ordinance #52 - The Clerk gave the second reading of Ordinance #52,
"An Ordinance to Amend the Zoning Ordinance of the City of Muskego. iii,rman Joost moved for the adoption of Ordinance #52, seconded by
Alderman Wieselmann. After discussion, Alderman Weaver moved to defer
action on Ordinance #52 until the Council meeting of October 25, 1966, to give the Aldermen more time to get a better understanding and more
clearly define the words "Permanent pools". Seconded by Alderman Wieselmann and the motion to defer action on Ordinance #52 carried.
Page 2.
COMMUNICATIONS FROM THE MAYOR'S OFFICE --
The Clerk read a communication dated September 30, 1966, from
Mayor Gottfried directed to the Aldermen which vetoed Council
action taken on Ordinance #53 on September 27, 1966. Alderman
4
Lentini moved that the Common Council not sustain the veto of
the Mayor. Seconded by Alderman Wieselmann. The Clerk then read a communication directed to the Council members from Alderman
*
S. Robert Lentini urging them to override the Mayor's veto. He
expressed his concern that this particular property could be lost
to coxmnercial use by residential development. Mayor Gottfried relinquished the Chair to Council President Wieselmann to again speak in opposition-to: rezone,..this~,land::iri S0.c. 4 (John Victor property).
He clearly emphasized the fact that he had no objection to a
legitimate proposal for commercial development but was concerned
that once the property is rezoned the Council would have no voice
in how the land would be developed. Considerable more discussion
took place and upon a roll call vote to override the Mayor's
veto, Aldermen Lentini, Linck, Weaver, Wieselmann and Wollman
voted 'aye" and Aldermen Joost and Budish voted 'no". The motion
to override the Mayor's veto did not carry.
NEW BUSINESS -
Resolution #199 - The Clerk read Resolution #199, entitled, Payment
of Claim for Improper Assessment. Alderman Linck moved for the
a approval of Resolution #199, seconded by Alderman Joost. Upon a roll call vote the motion to adopt Resolution #199 carried unanimously.
Resolution #200 - The Clerk read Resolution #200, entitled, Author- izing the Wisconsin Natural Gas Company to Install Gas Mains Along
the Right-of-Ways of Streets in the City of Muskego. Alderman Budish moved for the adoption of Resolution #200, seconded by
Alderman Wollman, motion carried.
Resolution #201 - The Clerk read Resolution #201, entitled, Transfer
of Monies from the General Fund to Account #6Ok - Don Warden. Ald-
erman Linck moved for the adoption of Resolution #2Oi, seconded
by Alderman Budish. Upon a roll call vote the motion to adopt Res-
olution #201 carried unanimously.
Resolution #202 - The Clerk read Resolution #202, entitled, Accept-
ance of Low Bid for Codification Service. Alderman Weaver moved
for the adoption of Resolution #202, seconded by Alderman Joost.
* In discussion, Alderman Joost explained exactly what the low bid of Municipal Ordinance Service, Inc. would include and upon a roll
call vote the motion to adopt Resolution #202 carried unanimously. l LICENSE APPROVAL - Alderman Joost moved that Operator's Licenses
for Charles St. John and Marjorie Backhaus be approved by the
Council. Seconded by Alderman Linck, motion carried.
VOX-HER APPROVAL - Alderman Linck moved that the Common Council
approve payment of vouchers in the amount of $42,695.12 payable to
October 11, 1966. Seconded ~bg Alderman Joost. Upon roll call,
unanimously carried.
CITY OFFICIAL'S REPORT
The Clerk gave the Building Report for the month of September, 1966, same to be placed on file.
The Clerk read the Treasurer's Report showing a cash balance as of
September 30, 1966, of $344,039.33. Same to be placed on file.
City Attorney Hippenmeyer read an Order dated October 7, 1966, from
the Waukesha County Health Department directed to Mr. Adam Ignasiak
that he abate the nuisance created on his property by the accumu-
lation of garbage and debris within seven days or legal action would be commenced against him.
Page 3.
The Clerk read a communication from Congressman Glenn Davis directisd
to Mayor Gottfriad indicating that he had sent Resolution #198 and
Mayor Gottfried's letter of September 29, 1966, to the Regional
Director of the Post Office Department at Minneapolis requesting
that an investigation be made as to the possibilities of having
the Hales Corners postal route be transferred to Muskego for all
Muskego residents.
*
Alderman Wieselmann reported on a forthcoming meeting of the rep-
resentatives of the Waukesha County Group Department of Public
Welfare. He explained that because the Medicare Program has ab-
sorbed many of the Welfare cases presently being handled by this
department there is concern as to whether or not the Group Welfare Department should continue to operate. The Clerk then read a
communication which explained the three alternatives which will be
decided at a meeting to be held on October 27, 1966 in Waukesha.
Alderman Weaver suggested that because of the importance of the
decision that it might be wise to discuss this matter as a Committee
of the Whole.
Alderman Weaver reported that he has had numerous complaints re-
garding the operation of the dump in recent weeks and he felt that
if they do not guarantee adequate protection to the citizens in
the vicinity they should be closed down. It was his suggestion
that the Welfare Committee take this under advisement.
l Alderman Joost moved to adjourn the meeting, seconded by Alderman
Wieselmann, motion carried. The meeting adjourned at 9:12 P.M.
Respectfully submitted,
Bette J. aowyer, ity Clerk
je
September 30, 1966
I, Bette J. Bowyer, Clerk of the City of Muskego, do hereby certify that on September 30', 1966, the Mayor of the City, submitted to this
office his intention to veto Ordinance #53, adopted by the Common
Council on SepTes@er
! .I, I
i
bjb
September 30, 1966
TO THE HONORABLE ALDERMEN OF THE CITY OF MUSKEGO
RE: Ordinance #53
Gentlemen:
You are aware of my concern over your action of September 27, 1966, which rezoned approximately 16 acres of land in Section 4 from
bB-L and RS-2 to B-2 (Business). I will, therefore, keep this final
communication regarding that subject as brief as possible.
however, There are, several facts which are very pertinent and which you are
urged to consider carefully.
Ten acres of the land in question (John Victor property) is
a triangle which is nearly surrounded by residential develop-
ment. The only exception being the two grocery stores on the
southwest corner of Martin Dr. and College Avenue in the City
of Muskego which is already presently zoned B-l, and the restaurant and barber ship on the northeast corner of Martin&
Dr. and College Avenue in the City of New Berlin. Most of
the land on the north side of College Avenue and the land on
the southwest side of Martin Drive has already been developed
residentially.
As pointed out in our Planning Consultant's Report of July
15, the terrain of the Victor property (which rises from an
elevation of 805 to 830, or 25 feet in only 550 feet) does
not make most of this land ideally suited for commercial
development,
By rezoning the area now, the way is opened (through Conditional
Use) for another filling station which certainly is not needed
in this area and if permitted would, in fact, use up the most
desirable portion of this land making it unavailable for other
commercial development.
Mr. Perkins, who intends to purchase this land from Mr. Victor,
has advised the Plan Commission that he has no specific plans
for the area at the present time other than to present to the
Plan Commission a petition for a filling station once the re-
zoning is completed.
Our Consultant Planner has advised that it is extremely poor
planning procedure to rezone so large a tract of land for
business purposes before a specific plan is presented to the
city. By doing this the City is giving up much of its control
of the development of the area.
Misuse of land is one of the major reasons for the deterior-
ation of our older cities. It is the responsibility of the
Plan Commission and the Council to protect the City of Muskego
against a similar fate.
The.fact that we have rezoned an area for commercial use does
hotguarantee its development for that purpose. In reality,
by spreading commercial zoning helter-skelter throughout the
city f the Council could be discouraging the development of a
central business district.
It is my feeling that zoning is a very effective tool by which
the City can protect its citizens as well as its future and it is the
responsibility of the Common Council to use that tool as judiciously as possible. I do not feel the Council has acted in the best interest of the City by rezoning nearly 10 acres of land for additional business
purposes.
It is for
the-Comoa Cc~unoi&
the reasons presented above that I respectfully urge
to sustain my veto of your action on Ordinance #53.
JG/je
Sincerely yours,