CM021098
COMMON COUNCIL - CITY OF MUSKEGO (Approved 2/24/98)
MINUTES OF MEETING HELD FEBRUARY 10, 1998
The meeting was called to order at 7:40 p.m. by Mayor De Angelis. Also present were
Aldermen D’Acquisto, Patterson, Salentine, Sanders, Slocomb, and Woodard, City
Attorney Molter, Finance Director Gunderson, Clerk-Treasurer Marenda, and Deputy
Clerk Blenski. Alderman Pionek was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting Law on 2/6/98.
Salentine moved for approval of minutes of 1/27/98. Sanders seconded, carried.
The Clerk-Treasurer read the notice of closed sessions.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor presented information on several issues including proposed changes to the
liquor license laws regarding the newly created reserve classification, the MMSD public
hearing, the federated library systems, and the study of joint dispatch at the County
level. Mayor De Angelis also reminded everyone that Tuesday, 2/18, is Election Day.
D’Acquisto moved to convene into closed session pursuant to §19.85(1)(c)
Considering employment, promotion, compensation, or performance evaluation data of
any public employe over which the governmental body has jurisdiction or exercises
responsibility, more specifically discussion, interview and possible confirmation of
Parks and Recreation Director. Slocomb seconded. Motion carried 6-0.
The Council reconvened into open session.
Reso. #20-98 - Resolution Confirming the Selection of Parks and Recreation Director
for the City of Muskego (Craig Anderson). D’Acquisto moved for adoption. Slocomb
seconded. Carried 6-0.
PERSONAL APPEARANCE
Mr. Fred Washa appeared before the Council representing MCCCA to present
information regarding the proposed community center. The Mayor noted that the
Council will be able to make a recommendation once the site plan is approved.
Reso. #24-98 - Resolution Authorizing and Directing the City Attorney to File a Petition
for Contested Case Hearing Regarding Superior Emerald Park Landfill Expansion.
Slocomb moved for adoption. D’Acquisto seconded. Mayor noted funding will be taken
from the landfill account. Carried 6-0.
COMMITTEE REPORTS
The Committee of the Whole minutes of the 2/5/98 meeting were received.
D’Acquisto moved for acceptance of the minutes of the 1/26/98 Public Works
Committee meeting. Woodard seconded, motion carried.
D’Acquisto moved for acceptance of the minutes of the 2/4/98 and 2/10/98 Finance
Committee meeting. Sanders seconded; motion carried.
Patterson moved for acceptance of the minutes of the 2/2/98 Public Services
Committee meeting. Slocomb seconded; motion carried.
Common Council Minutes Page 2
February 10, 1998
Minutes of the 1/28/98 Library Board and 2/3/98 Plan Commission meetings were
placed on file.
Reso. #212-97 - Resolution to Establish Fees for Rescue Service, on the floor,
deferred 12/9/97. Patterson moved to amend to establish fee for nonresidents of $328
and fee for residents of $228.50 for 1998 as recommended by the Finance Committee.
Salentine seconded. Motion carried 5 in favor with D’Acquisto abstaining.
Reso. #6-98 - Amendment to the City of Muskego Personnel Code for Management
and Other Nonrepresented Personnel for 1/1/96 to 12/31/98, on the floor, deferred
1/13/98. Finance Director Gunderson stated that she and the Mayor met with the four
affected department heads. It was determined that a one-time adjustment of seven
days would be deducted from their sick leave payout account. She noted that they
would be able to earn the time back. Salentine and Slocomb objected and did not
believe this provided an equitable solution. They suggested the payout account should
be permanently frozen by the seven-day deduction. D’Acquisto stated since there is
confusion, the issue should go back to the Finance Committee to discuss which would
allow the affected employees an opportunity to be present. The Mayor noted that there
were other amendments that had to be done this evening. D’Acquisto moved to amend
the resolution to remove the second WHEREAS and the amendment to Article 6.01, to
amend the 1998 salary schedule to add the Parks Supervisor position and eliminate the
Parks Director and Recreation Director positions, to add “WHEREAS, Section 10.01
contained in Article X - Overtime is amended to add the Accountant position following
the reference to Assistant Plan Director,” and to add “WHEREAS, Section 20.01
contained in Article XX - Layoff and Recall is amended to read as follows: 20.01. If a
reduction in employee personnel becomes necessary, the least senior employee in the
affected classification shall be the first person laid off providing that the remaining
employees are capable and qualified to perform the remaining work, in the sole
determination of the Employer. Employees reduced in this manner shall be permitted
to bump a less senior employee in a classification that they are immediately qualified to
perform. Provided, however, employees holding a department head classification shall
not be permitted to bump under any circumstances and will be laid off.” Salentine
seconded, carried. Reso. #6-98, as amended, adopted 6-0.
The Finance Director was dismissed at 8:50 p.m.
Ord. #953 - An Ordinance to Amend Chapter 20, Section 20.03(3) of the Municipal
Code of the City of Muskego - Water Skiing, on the floor, deferred 1/27/98. Mayor
stated notice of DNR review has been received. Motion to adopt carried 6-0.
Reso. #17-98 Approval of Certified Survey Map -Wiza and Reso. #18-98 Approval of
Certified Survey Map - Wiza, on the floor, deferred 1/27/98. Salentine moved to defer.
Patterson seconded, carried.
Reso. #21-98 - Resolution as to the Recommendation of the Plan Commission for the
Conceptual Amendment of the Master Development Plan for Phase II of the Overlook
Bay Multifamily Portion of the Lake Forest Planned Development. Salentine moved for
adoption. D’Acquisto seconded. D’Acquisto stated his objection to the process which
Common Council Minutes Page 3
February 10, 1998
continually allows a developer to petition for a change requiring a public hearing to be
held. Molter stated that is how the ordinance is written. Motion carried 6-0.
Reso. #22-98 - Approval of Agreement Between the City of Muskego and Durrant
Architects, Inc. for Police Department Expansion. D’Acquisto moved for adoption.
Sanders seconded. The Mayor noted a revised copy was received today and placed
before the Council members. Motion carried 6-0.
Reso. #23-98 - Resolution to Create Position of Parks Supervisor. D’Acquisto moved
for adoption. Sanders seconded. Carried 6-0.
LICENSES
D’Acquisto moved for approval of operators’ licenses for Nicholas Guida, Debbie
Berthelsen, Pamela Flintrop, and Kelly Carr. Salentine seconded, carried.
D’Acquisto moved for approval of Races on Ice permit and Gathering Permit for the
Muskego Icetronauts for event to be held 2/15/98 subject to the conditions as stated in
the 2/4/98 Finance Committee. Sanders seconded, carried.
VOUCHER APPROVAL
D’Acquisto moved for approval of General Vouchers in the amount of $344,586.49.
Salentine seconded. Carried 6-0.
Sanders moved for approval of Utility Vouchers in amount of $54,163.36. Woodard
seconded. Carried 6-0.
D’Acquisto moved for approval of Tax Checks in the amount of $2,378,758.77.
Salentine seconded. Carried 6-0.
CITY OFFICIALS’ REPORT
The Clerk-Treasurer stated a rezoning petition was received for the Duve property
located in the NW ¼ of Section 33. A public hearing is scheduled for 2/24/98 at 7:25
p.m. She noted that a draft of the 2/19/98 Committee of the Whole agenda has been
prepared and requested any changes be submitted by 2/13/98.
D’Acquisto moved to convene into closed session pursuant to §19.85(1)(g) Conferring
with legal counsel for the governmental body who is rendering oral or written advice
concerning strategy to be adopted by the body with respect to litigation in which it is or
is likely to become involved, more specifically Metro East Landfill Expansion. Slocomb
seconded. Carried 6-0.
Salentine moved to convene into closed session pursuant to §19.85(1)(c) Considering
employment, promotion, compensation, or performance evaluation data of any public
employe over which the governmental body has jurisdiction or exercises responsibility,
more specifically employee compensation and classification. Slocomb seconded.
Carried 6-0. The Clerk-Treasurer and Deputy Clerk were dismissed.
The Council reconvened into open session. D’Acquisto moved to adjourn at 9:37 p.m.
Slocomb seconded, carried.
Common Council Minutes Page 4
February 10, 1998
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer