ccm19671128COMMON COUNCIL
CITY OF MUSKEGO
MINUTES OF MEETING HELD NOVEMBER 28, 1967
Mayor Gottfried called the meeting to order at 7~35 P.M.
PRESENT: Mayor Gottfried, Aldermen Edmund Budish, Sivier Joost, Jr.
S. Robert Lentini, Roland Linck, Frank Narlock and Wa~lter Wollman.
Also present were City Attorney Richard S. Hippenmeyer and City
Clerk Bette Bowyer. Alderman Donald Wieselmann was absent.
At this point in the meeting Attorney Hippenmeyer administered the
oath of office to the newly appointed police sergeants. They are
Chester D. Kass, Richard F. Scholz and Earl E. Zabel.
MINUTES: Alderman Budish moved to accept the Minutes of the Common
Council meeting of November 14, 1967, as mailed. Seconded by Alder-
man Linck, motion carried.
COMMITTEE REPORTS
Finance Committee - Alderman Linck presented the report of the
Finance Committee meeting held -on November 22, 1967, and moved
that the report be accepted and placed on file. Seconded by Alder-
man Joost, motion carried.
Public Works Committee: Alderman Wollman presented the report of
the Public Works Committee meeting held on November 15, 1967, and
moved that the report be accepted and pla~ced on file. Seconded
by Alderman Lentini. A discussion took place regarding that portion
of the report referring to the Woods Road bridge. Alderman Budish
indicated that whatever the cost of constructing the new bridge
will be the County will be responsible for one-half the cost. A
discussion also took place regarding the addition to the Public
Works building. Alderman Lentini read that portion of the Plan
Commission Minutes that stated the plans for the city garage have
been submitted to the City Planner. The motion to accept the report
of the meeting held on November 15, 1967, carried.
Public Safety Committee: Alderman Narlock presented the report of
the Public Safety Committee meeting held on November 20, 1967, and
moved that the report be accepted and placed on file. Seconded by
Alderman Lentini, motion carried.
Public Welfare Committee: - No report.
Rules, Laws & Ordinances Committee - Alderman Joost presented the
report of the meeting of the Rules, Laws & Ordinance Committee held
on November 20, 1967, 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
November 21, 1967, were received and placed on file.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
The Clerk read Mayor Gottfried's veto message of Resolution l/148-67,
Approval of A Claim From Arthur Wieselmann
Page 2.
UNFINISHED BUSINESS
Ordinance $175, As Amended - The Clerk read the title of Ordinance #75,
As Amended - An Ordinance to Amend the Zoning Ordinance of the City
of Muskego (Re: Gasoline Service Stations) Alderman Wollman moved for
l the adoption of Ordinance i/75, As Amended, seconded by Alderman Joost.
Upon a roll call vote, the motion to adopt Ordinance S/75, As Amended
carried unanimously.
Ordinance i/84 - The Clerk read Ordinance 884, entitled, Annexation,
(Town of Vernon to City of Muskego) Alderman Wollman moved for the
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adoption of Ordinance 884, seconded by Alderman Narlock. Upon a roll
call vote, the motion to adopt Ordinance #84 carried unanimously.
Ordinance #86 - The Clerk gave the second reading of Ordinance $186,
entitled, An Ordinance Establishing Personnel and Establishing an
Regulating the Salaries and Other Compensations of Elected and Appointed
Officers and Employees of the City of Muskego. Alderman Budish moved
for the adoption of Ordinance i/86, seconded by Alderman Linck. Alderman
Joost moved to amend Ordinance $186, Page 2, under Park & Recreation
by adding the number 2 preceding the words "Assistant Park Custodian",
seconded by Alderman Narlock, motion carried. Alderman Linck moved to
amend Ordinance 886, under Section I, Inspection Department, salary of
Building Inspector be changed from $8400.00 to $8800.00 per year, also
0 in Section II the car allowance for the Building Inspector be changed
from $900.00 to $700.00 per year. Seconded by Alderman Narlock, motion
carried with Alderman Budish casting a dissenting vote. The motion to
amend Ordinance $186 carried. Upon a roll call vote, the motion to adopt
Ordinance f/86, As Amended, carried unanimously.
Ordinance #85 - The Clerk gave the second reading of Ordinance 1185,
entitled, Appropriating the necessary Funds for the Operation of the
Government and Administration of the City of Muskego for the Year 1968.
Alderman Joost moved for the adoption of Ordina~nce 885, seconded by
Alderman Budish. A discussion was held regarding the way monies
had been placed into the 1968 proposed budget in regard to the Woods
Road Bridge. Mayor Gottfried declared a recess at 8:35 P.M. and the
meeting reconvened at 8:44 P.M. Alderman Joost moved to amend
Ordinance #85, under Expenditures and Encumbrances by adding $12,000.00
to Public Works, thus changing the Public Works total to $302,970.00
which would in turn change the total expenditures to $984,818.50.
Also by adding $12,000.00 to State Aids & Shared Taxes, thus changing
l that total to $508,800.00 and the Total Revenue amount to $984,818.50.
Seconded by Alderman Linck. The motion to amend Ordinance 885 carried
unanimously. Upon a roll call vote, the motion to adopt Ordinance
#85 As Amended, carried unanimously.
NEW BUSINESS
Resolution j/151-67 - The Clerk read Resolution #151-67, entitled,
Authorizing the Gas Company to Install Main. Alderman Budish moved
for the adoption of Resolution #151-67, seconded by Alderma~n Wollman.
In answer to a question from Alderman Joost, Alderman Budish reported
that the Gas Company is fulfilling all of the requirements as set up
&;r;~~dPublic Works Committee. The motion to adopt Resolution #151-67
Resolution 8152-67 - The Clerk read Resolution 8152-67, entitled, Approval
of Maintenance Agreement Between IBM Corporation and City of Muskego
Police Department. Alderman Linck moved for the adoption of Resolution
l 8152-67, seconded by Alderman Joost. Upon a roll call vote, the motion
to adopt Resolution 8152-67 carried unanimously.
Page 3.
Ordinance #87 - The Clerk gave the first reading of Ordinance #87,
entitled, Amendment to Municipal Code (Sec. 12.09 (8) (Re: Number of
Dogs Limited). Ordinance $187 will be referred to Rules, Laws &
Ordinance Committee.
l Ordinance #88 - An Ordinance to Amend Sec. 12.01 (5) (a) of the
Municipal Code of the City of Muskego (Re: Quotas) Because Ordinance
$188 did not appear on the agenda, Alderman Wollman moved to suspend
the Rules of Procedure in order that Ordinance 888 could have its
first reading. Seconded by Alderman Joost. Upon a roll call vote,
the motion to suspend the Rules carried unanimously. The Clerk read
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Ordinance a88 for the first time. Alderman Budish moved to suspend
the Rules that would interfere with the adoption of Ordinance #88.
Seconded by Alderman Linck. Upon a roll call vote, the motion to
suspend the Rules carried unanimously. The Clerk gave the second
reading of Ordinance #88. Alderman Budish moved for the adoption of
Ordinance #88, seconded by Alderman Wollman. Upon a roll call vote,
the motion to adopt Ordinance #88 carried unanimously.
Resolution #148-67 - Approval of a Claim from Arthur Wieselmann.
Alderman Lentini moved to override the Mayor's veto of Resolution
j/148-67. Seconded by Alderman Budish. In answer to a question by
Alderman Lentini directed to Clerk Bowyer as to whether or not she
had received free legal advice from the City Attorney, Clerk Bowyer l answered "no". Upon a roll call vote, the motion to override the
Mayor's veto carried unanimously.
LICENSE APPROVAL
Alderman Budish moved for the approval of an Operator's License for
Mr. Clyde Green. Seconded by Alderman Linck, motion carried.
Alderman Budish moved for the approval of a Class "A" Fermented Malt
Beverage License for Eunice Theys (Durham Hill Food Market). Seconded
by Alderman Linck, motion carried.
VOUCHER APPROVAL
Alderman ,Joost moved for the approval of the payment of vouchers,
payable November 28, 1967, in the amount of $30,830.01. Seconded by
Alderman Budish. Upon a roll call vote, the motion to pay the vouchers
carried unanimously. l COMMUNICATIONS AND MISCELLANEOUS BUSINESS
The Clerk announced that she was in receipt of a letter from H.H. Winston
Company, directed to the Mayor and Common Council regarding the
possibility of selling the 22 acre Missile Site to the City of Muskego,
a copy of which had been forwarded to each alderman.
The Clerk read a communication from Attorney Hippenmeyer directed to
Mayor Gottfried referring to the proposed closing of the access to
C.T.H. "Y" Dr. lying East thereof. Communication referred to Plan
Commission and Public Works Committee.
a The Clerk read a rezoning petition submitted by David R. Beierle -
petition referred to the Plan Commission.
Page 4.
Alderman Budish moved to set the Public Hearing date for the Sewer
Assessment District to be Monday, December 18, 8:00 P.M. to be held
in the all-purpose room of the Muskego High School. Seconded by
l Alderman Linck, motion carried.
Alderman Wollman moved to set the Public Hearing date for the proposed
rezoning request from David Beierle, the request being from RS-3 with
an OED and OLR Overlay to RSM with an OED and OLR Overlay (Idle Isle
Beach) to be held on Tuesday, January 9, 1968, 7:00 P.M. in the all-
purpose room of Muskego High School. Seconded by Alderman Narlock,
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motion carried.
Alderman Lentini requested Alderman Budish, Chairman of the Municipal
Site Committee, to alert all of the Aldermen in order that they too
may be present to inspect the 22 acre missile site which has been
offered for sale to the City of Muskego.
Alderman Budish announced that the bids have been received by the
Public Works Committee for the cleaning of the Fountainwood ditch
but they have not been reviewed as yet.
Alderman Wollman moved to adjourn the meeting, seconded by Alderman
l Lentini, motion carried. The meeting adjourned at 9:12 P.M.
Respectfully submitted,
&gfdy<
B. J. Bowyed Ci?y Clerk
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November 27, 1967
Honorable Aldermen of the
Common Council of the
City of Muskego
Gentlemen:
On November 14, 1967, at a regular Council meeting your honorable
body adopted Resolution #148-67 entitled, "Approval of a Claim for
Arthur Wieselmann".
The subject matter relating to this claim has had its share of
publicity and need not in my opinion be reviewed.
However, the question of whether the claim is legitimate and
whether the taxpayers of the City of Muskego should be responsible
for its payment must, in my opinion, be examined.
On September 25, 1967, City Attorney, Richard Hippenmeyer, rendered
an opinion which in part stated "If, however a City Assessor makes a
claim for reimbursement of expenses reasonably incurred for costs and
attorneys fees, it is our opinion that pursuant to Sec. 62.09 (7) (e)
and Wis. Statutes 895.35 the City may or may not pay the claim or any
portion of it as the City deems just.
Chapter 62.09 (7) (e) states "Whenever a city official in his
official capacity proceeded against or obliged to proceed before any
court, board or commission, to defend or maintain his official positiop,
or because of some act arising out of the performance of his official
duties, and he has prevailed in such proceeding, or the council has
ordered the proceeding discontinued, the council may provide for pay-
ment to such official such sum as it sees fit, to reimburse him for
the expenses reasonably incurred for costs and attorney's fees".
Wis. Statutes 895.35 states, 'Whenever in any city, town, village,
school district or county charges of any kind are filed or any action
is brought against any officer thereof in his official capacity, or to
subject any such officer, who is being compensated on a salary basis,
to a personal liability growing out of the performance of official
duties, and such charges or such action is discontinued or dismissed
or such matter is determined favorably to such officer, or such
officer is reinstated, or in case such officer, without fault on his
part, is subjected to a personal liability as a'foresdid, such city,
town, village, school district or county may pay all reasonable ex-
penses which such officer necessarily expended by reason thereof."
Although it is difficult for me to agree with Mr. Hippenmeyer's
opinion insomuch as the problem had nothing to do with the carrying
out of his duties by the Assessor, but because he is the City Attorney
I will certainly respect this opinion.
However, the real question in my mind is whether a city official
or city employee can seek outside legal advice without approval from
the Common Council and if outside legal advice is sought for without
this approval, should the taxpayers of the community be responsible
for paying the cost of this advice.
Page 2.
In reviewing your action, one of the things that has bothered
me was the precedent that your body could be setting, for example,
does any employee or official of the City have the prerogative of
seeking outside lega,l advice when they do not agree with an action of
the Common Council or department head? Could not your action of
November 14th, 1967, in approving the claim as submitted by Arthur
Wieselmann, open the door for many such claims, not only from an
elected official, but from an employee of the City.
In closing, I would like to emphasize, that although I personally
feel that Mr. Wieselmann did not fulfill the obligations established
in Ordinance 854, As Amended, so therefore would not deserve the
salary which had been established for a full time Assessor, my veto
does not involve these personal feelings. In vetoing your action
on Resolution i/148-67, I am simply asking you to review the matter
again in your own mind making certain that the claim from Mr. Wiesel-
mann is valid. I also am asking whether you are willing to establish
a precedent that could become not only costly but extremely bothersome.
Sincerely yours,
Jerome J. Gottfried, Mayor
CITY OF MUSREGO
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