ccm19710727COMMON COUNCIL
CITY OF MUSREGO
MINUTES OF MEETING HELD JULY 27, 1971
Mayor Gottfried called the meeting to order at 7~45 P.M.
l PRESENT: Mayor Jerome Gottfried, Aldermen Robert Burgermeister, Harold
DeBack, Edwin Dumke, Charles Foldy, Frank Narlock, Lois Sapp and Paul
Schaumberg. Also present were City Clerk Bette Bowyer and Attorney John
P. Buckley.
Ald. Narlock moved for the approval of the Common Council minutes of
meeting held 7113171, as mailed, and that they be placed on file. Sec-
onded by Ald. Dumke, motion carried.
Ald. Burgermeister presented the report of the Finance Committee
held on July 21, 1971, and moved that the report be accepted and
on file. Seconded by Ald. Narlock, motion carried.
meeting
placed
Ald. Harold DeBack presented the report of the Public Works Committee
meeting held on July 21, 1971, and moved that the report be accepted
and placed on file. Seconded by Ald. Burgemneister, motion carried.
Ald. Schaumberg presented the report of the Public Safety Committee
meeting held 7/15/71 and moved that the report be accepted and placed
on file. Seconded by Ald. Sapp, motion carried,
Ald. Dumke presented the report of the Public Safety Committee meeting
held 7115171 and moved that the report be accepted and placed on file.
Seconded by Ald. Narlock, motion carried.
Ald. Schaumberg presented the reports of the Public Sewer/Welfare
Committee meetings held on 7/14/71 and 7122171 and moved that the
reports be accepted and placed on file. Seconded by Ald. Folday,
motion carried.
The minutes of the Plan Commission meeting held on July 20, 1971, were
received and placed on file.
UNFINISHED BUSINESS
Ordinance #195 - An Ordinance Requiring the Licensing of Vehicles Used in
the Transporting and Dumping of Garbage and Refuse Within the City of
Muskego. As this ordinance was on the floor from the meeting held 7/13/71,
Ald. Narlock moved for adoption, seconded by Ald. Foldy. Upon a roll call
vote, the motion to adopt carried unanimously.
Ordinance #197 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend Certain Sections of Ch. 30 of the Municipal Code
(Building Code Amendments), Ald. Narlock moved for adoption, seconded by
Ald. Dumke. Upon roll call, the motion carried unanimously.
Ordinance #198 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend Sec. 12.01(2) and Sec. 12.07(3) of the Municipal
Code (Re: Increase in fees of Licenses and Permits. Ald. Narlock moved
for adoption, seconded by Ald. Sapp. Upon a roll call vote to adopt
Ordinance #198, Aldermen Burgermeister,
voted "aye".
DeBack, Foldy, Narlock and Sapp
Aldermen Dumke and Schaumberg voted "No". The motion to
adopt Ordinance #198 carried.
Ordinance #199 - The Clerk gave the second reading of same, entitled, An
Ordinance Repealing Sections 11.03 and 11.04 of the Municipal Code of the
City of Muskego. Ald. Narlock moved for adoption. Seconded by Ald. Foldy.
Upon roll call, the motion to adopt carried unanimously.
City of Muskego
Common Council 7127171
Page 2.
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Ordinance #200 - The Clerk gave the second reading of same, entitled,
An Ordinance to Rezone Certain Property and to Amend the Zoning Map of
the City (Sec. 3) Ald. DeBack moved for adoption, seconded by Ald.
Narlock. Upon roll call, the motion carried unanimously.
Resolution #ill-71- Authorizing Conveyance of Land to Frank DeAngelis
Ald. DeBack moved to again defer action on same for two weeks. Seconded
by Ald. Burgermeister. Upon a voice vote, the motion carried.
Resolution i/137-71 - Directing Consulting Engineers to Advertise for Bids for Northeast Treatment Plant. (Deferred from meeting of 7113171) Mayor Gottfried again reviewed the steps that had been taken by the City in an
effort to obtain funds committed to the City by the Federal Government
to aid in the construction of the sewerage treatment plant in the North-
east District. Upon a roll call vote to adopt Resolution #137-71, the
motion carried unanimously.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
The Clerk read Mayor Gottfried's veto message of Resolution #139-71,
entitled, Authorizing the City to Construct East Drive. Following considerable discussion between several of the Ald_ermen and the Mayor, Aid.'
Burgermeister moved, 2 to override the veto, seconded by Ald. DeBack.
a-roll call vote to override the veto, Aldermen Burgenneister, DeBack,
UpOn
.Dumke, Narlock, Sapp and Schaumberg voted "aye". The motion to override the veto carried. Ald. Foldy voted "no".
At 8:45 P.M. Ma,yor Gottfried declared a recess and the meeting reconvened
at 9:00 P.M.
JEW BUSINESS
Resolution #145-71 - The Clerk read same, entitled, Establishing Traffic
Regulations. Ald. Sapp moved for adoption, seconded by Ald. Narlock. Ald.
Dumke moved to amend Resolution 11145, under Traffic Control Signs, to
read as follows: 'Stop" sign on Hi-View Dr. at its intersection with
Acker Dr. and a "Stop" sign on Acker Drive at its junction with Hi-View
Drive and a "Stop"sign on Hi-View Drive at its junction with North View
Drive. Seconded by Ald. Schaumberg. Upon a voice vote, the motion to
amend Resolution f/145-71 carried. Upon a voice vote,
Resolution #145-71, As Amended, carried.
the motion to adopt
Resolution l/146-71 - The Clerk read same, entitled, Denying Petition of
Common Council to Rezone Parcel of Land in Sec. 25 (Shy Property). Ald.
DeBack moved for adoption, seconded by Ald. Burgermeister. Upon a roll
call vote, Aldermen Burgermeister, DeBack and Narlock voted "aye". Alder-
men Dumke, Foldy, Sapp and Schaumberg voted "no".
Resolution i/146-71 did not carry.
The motion to adopt
Ordinance 11201 - An Ordinance to Rezone Certain Property and to Amend the
Zoning Map of the City of Muskego (Shy Property) The Clerk gave the first
reading of same. Ald. Burgermeister moved to suspend the rules that you
would allow the second reading of the ordinance. Seconded by Ald. Foldy.
Upon a roll call to suspend the rules, Aldermen Burgermeister, Dumke, Foldy,
Sapp and Schaumberg voted "aye". Aldermen DeBack and Narlock voted "no".
The motion to suspend the rules carried. The Clerk gave the second reading
of Ordinance i/201. Ald. Sapp moved for adoption. Seconded by Ald. Schaum-
berg. Upon a roll call vote to adopt Ordinance #201, Aldermen Burgermeister, Dumke, Foldy, Sapp and Schaumberg voted "aye". Aldermen DeBack and Narlock
voted "no" . The motion to adopt Ordinance #201 carried.
City of Muskego
Common Council l/27/71
Page 3.
Resolution #147-71 - The Clerk read same, entitled, Authorizing Ruekert
and Mielke to Develop Plans and Specifications in the Southwest Area
of the City (Lake Denoon Area). Ald. ~DeBack moved for adoption. Sec-
onded by Ald. Foldy. Upon roll call, the motion carried unanimously.
Resolution #148 - The Clerk read same, entitled, Authorizing the Finance Coaunittee to Advertise City-Owned Land on Durham Dr. for Sale. Ald.
Sapp moved for adoption. Seconded by Ald. Burgenaeister. Upon a roll call, the motion to adopt carried unanimously.
Resolution #149-71 - The Clerk read same, entitled, Approval of Agreement with Ruekert & Mielke for Engineering Services for Construction of New
Dam on Little Muskego Lake. Ald. Burgermeister moved for adoption.
Seconded by Ald. DeBack. Upon roll call,
i/149-71 carried unanimously. the motion to adopt Resolution
Resolution #150-71 - The Clerk read same, entitled, Resolution Providing for the Sale of $600,000.00 of Promissory Notes for the City of Muskego.
Ald. Narlock moved for adoption. Seconded by Ald. Dumke. Financial
Consultant Seegar Swanson of Ehlers & Associates, appeared at the meeting
to explain and discuss with the Aldermen the contents of the resolution.
Upon a roll call vote, the motion to adopt Resolution #150-71 carried
unanimously.
Resolution #151-71 - The Clerk read same, entitled, 'Resolution Relating
to Final Determination of Special Assessments (NE Dist.) Ald. Foldy
moved for adoption, seconded by Ald. DeBack. Upon a roll call vote, the
motion carried unanimously.
Resolution #152-71 - The Clerk read same, entitled, Resolution Levying
Special Assessments (NE Dist.) Ald. Foldy moved for adoption, seconded
by Ald. DeBack. Upon roll call, motion carried unanimously.
Resolution i/153-71 - The Clerk read same, entitled, Resolution Directing
Notice of Final Determination (NE Dist.) Foldy moved for adoption, sec-
onded by Ald. Narlock. Upon roll call, motion carried unanimously.
Resolution #154-71 - The Clerk read same, entitled, Resolution Deferring
Special Assessments Against Farm Lands (NE Dist.) Ald. Foldy moved for
adoption, seconded by Ald. Schaumberg. Ald. Foldy moved to defer action
on Resolution f/154-71 for two weeks due to an additional request for a
deferred assessment. Seconded by Ald. Schaumberg. Upon a voice vote,
the motion to defer carried.
LICENSE APPROVAL - Ald. Sapp moved for the approval of Operator's License
for Sandra Polak and David Moran pending receipt of favorable Medical and
Fingerprint Reports. Seconded by Ald. Narlock. Motion carried.
Ald. Narlock moved for approval of Operator's License for Michael Christ-
ianson pending receipt of favorable Fingerprint Report. Seconded by Ald.
Sapp, motion carried.
Ald. Sapp moved for the approval of Class "B" Fermented Malt Beverage &
Intoxicating Liquor License for Hydra, Inc., Gene Wagner, Agt., seconded
by Ald. Narlock, mgtion carried.
VOUCHER APPROVAL - Ald. Sapp moved for the approval of payment of
general vouchers in the amount of $147,690.64, payable 7127171. Sec-
onded by Ald. Narlock. Upon a roll call vote, the motion to pay the
vouchers carried unanimously.
City of Muskego
Common Council - 7/27/71
Page 4.
VOUCHER APPROVAL - Cont'd.
Ald. Narlock moved for the approval of payment of sewer utility
vouchers in the amount of $1,291.27, payable 7127171. Seconded by
Ald. Burgenneister. Upon roll call, motion to pay vouchers carried
unanimously.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
The Clerk read a communication directed to the Mayor and Council from
Otto R. Kurth, dated July 7126171, requesting deferred assessment of
938 feet of Assessment #G874. Communication referred to the Sewer
Committee.
_ADJOUWMENT - Ald. Schaumberg moved to adjourn the meeting. Seconded
by Ald. Narlock. Motion carried. The meeting adjourned at lo:07 P.M.
Resp$ctfully submitted, /L@Y%
Bette J. Bowyer, Ci y Clerk
je
July 27, 1971
TO THE HONORABLE ALDERMEN:
On July 13, 1971, your Honorable Body adopted Resolution #139-71
which committed the City to use public funds for the purpose of con-
structing a road to reach two or possibly three lots in Block 5 and 6
of the Oak Ridge Unrecorded Subdivision.
Since this action is contrary to the City's existing policy
which requires roads to be constructed by the developer and is there-
fore establishing a new policy and sets what I consider to be a
dangerous precedent, I have decided to veto your action in order that
its many remifications can be fully explored and understood by all.
The request for the road has come from the owner of two
vacant parcels at the east end of what is described as a road in the
Oak Ridge Unrecorded Plat. The purpose of the request is to permit
the building of homes on the site.
The owners request is based on the premise that the road is,
in fact, already public as a result of the sewers having been installed
without easements and because there might have been a time when the
Town did place some gravel on the right-of-way.
The City Attorney, in his opinion of February 4, 1971, has
held that the particular right-of-way has been dedicated by Common
Law dedication.
The requisites of a valid Common claw dedication are that there
mustbe an intent to dedicate on the part of the owner and an acceptance
of the dedication by the proper public authorities or the general
public user.
While it is not my intention to take issue with the City
Attorney's opinion, I would like to point out that he has indicated
his opinion is based on very sketchy facts. This is borne out by .
the fact that as late as June 27, 1967, in a re-division of land,
the area to be used eventually as a roadway was not dedicated to
the City but continued to be reserved and the lots in the area con-
tinued to be described by meets and bounds and included the area
reserved for road purposes. Thus the owners have continued to pay
taxes on the land covered by the road reservation.
I might also add that there has never been any use by the
general public which is considered a pre-requisite in Common Law
dedication.
My primary concern in this entire matter, however, is the
precedent which is being established by the City when they decide
that they will use public funds for the sole benefit of one individual,
who in this case owns two lots which must have a public road if they
are to be buildable.
You are all aware that the Subdivision Control Ordinance,
which covers divisions of one or more lots specifically requires
access to public streets, the total cost of which shall be paid for
by the subdivider. I might add at this time that had the City not
inadvertently installed the sewers in this proposed roadway, the
total cost of these sewers would also have been paid for by the owners
of the lots in question.
Page 2.
Over the past several years there are many instances where
the Plan Commission and the Common Council has required reservations
for road purposes to insure access to back lots or lands. Using
previously established policies it had never been the intent of
the approving agency to use public funds to construct these roads
should the need arise. The question you will have to answer is,
whether or not it is your intention to change that policy. If this
is your intention, then I would remind you of the City Attorney's
opinion in which he has quoted from the case of Klinkert vs. the
City of Racine - 177 Wis. 200.
"The Common Council is the judge of the public necessity
for opening up its streets and alleys and as to whether
any public convenience or use will be subserved thereby."
Webster's Dictionary has defined the word "public'~ as "use and
benefit of all." You will have to determine whether or not your
action was for the good of the public.
One of the arguments advanced by the owner has been that
his lots have been assessed as buildable lots since 1928 and yet
he could not use them. I would remind the Council that until the
development of the recent Zoning Ordinance, the Subdivision Control
Ordinance and Health Codes, nothing prevented the owner of these
lots from building on them. I must assume, therefore, that the
cost of building the road necessary to reach these lots was too
expensive for the owner. Now the City is being asked to expend
public funds to build that.very road.
Mr. Vem Stoehr, owner of Lots 2, 3, and 4, Block 5, in
this area, which also abuts this proposed roadway, has indicated
to the Plan Commission he intents to construct the necessary road
in order to make the land usable as building sites. He has recently
reaffirmed to me his feeling that it is his intention and respon-
sibility to do so. The question might then be riased, if he is
willing to build a road to the extent that it would serve his needs,
why should the City get involved at all?
President Coolidge once said, "the easiest thing to spend
is public monies because it doesn't seem to belong to anyone" and
although the costs involved in this one instance is relatively small,
I would ask that you consider the future costs if this precedent is,
in fact, established.
It is my feeling that the Mayor has the responsibility to
raise the questions, however, it is your responsibility as aldermen
to examine the facts and make the decision which you feel is right
and proper for the City and the people you represent.
It is for the above reasons that I have vetoed your action
on Resolution i/139-71 and I would ask that you sustain that veto
if you feel the questions which have been raised are valid.
Sincerely yours,
City of Muskego
JJG/je