Loading...
ccm19961205MINUTES ACCEPTED AT 1/14/97 COUNCIL MEETINQ COMMON COUNCIL - CITY OF MUSKEQO MINUTES OF JOINT COMMON COUNCIL/SC€IoOL BOARD MEETING HELD -DAYr DECEllEER 5, 1996 The meeting was called to order by Mayor De Angelis at 8:04 P.M. Council members present were Aldermen Patterson, Pionek, Rasmussen, Salentine, Sanders and Suhr, and Clerk-Treasurer Marenda. Ald. ~'Acquisto was absent. School Board members present were J. Olson, D. Hensiak, 3. Romneck, J. Heiden and P. Oman, and School Supt. Dr. Drury. Ms. LeMaster and Mr. Brownell were excused. The Clerk-Treas. noted the meeting was noticed in accordance with the open meeting law. Topic No. 1 - Discuss New School: Mayor De Angelis stated there is a lot of misinformation out there regarding the new school site. The Council and School Board need to discuss and work together on how to site the new middle school. The first issue is the indemnification. School Board President Olson stated they share the same concerns and introduced their attorney, Joe Puchner from Quarles and Brady. Atty. Puchner stated there were serious reservations with the indemnification. The reference in the resolution as to "any claims out of this action" would be very broad. He discussed the basis of his concerns. Mayor stated the City is trying to take steps to resolve the issue with the Norway Sanitary District. Why should the City accept the risk for the School District who wants the City to violate its contract with the sanitary district, and why shouldn't the whole school district participate in any costs, not just the City of Muskego? Mayor felt that the City can identify the scope of liability and identify the risk. Mr. Olson stated the District does want to work with the City. That site is our priority site. We would like to resolve this issue expediently and suggested their attorney, the City Attorney, the Mayor and Dr. Drury meet to see if some type of limited indemnification could be made to resolve this issue. Mayor stated it wasn't the City's intent to make the District responsible for it's claim, but from what arises from the City giving the District capacity rather than someone ahead of the District in the process. Mayor stated we can try to get that meeting scheduled and an agreement worked out. In response to a question from Mr. Olson, Mayor explained sewer connections when the main passes the property which are approved by the City compared to a main extension which requires Norway approval. A main extension of about 500' is required for the school. Mr. Heiden asked if there were any other problem areas that need to be worked on. Mayor responded that building, site and operational plan approval and rezoning of the property after a public hearing will be required. Mr. Olson noted their annual meeting hasn't been scheduled until it can be determined if it is a buildable January or beginning of February. property. Mr. Heiden noted they hoped to have the meeting prior to the end of Joint Council/School Board Minutes of Meeting Held 12/5/96 Page 2 Mayor stated the rezoning hearing will be January 14, 1997, with Council action on January 28th. Building, site and operational plan review can occur concurrently by the Plan Commission. Once that approval is given, approval of the main extension design is required, plus grading and drainage plan approval by the Public Works Committee. of March, 1997. Planning Director Matt Sadowski estimated all approvals could be obtained by the end Mr. Oman stated this site requires very little site work. If delayed to later in bidding process, costs increase. He said he never intended to put people in a tough spot, just trying to bring Norway into the fold in the school district. Mr. Olson stated he would like the City to expedite this matter. He said the District feels strongly this site is best for the District and both municipalities. Ald. Salentine asked if the District looked at any other sites? Mr. Olson responded they did and explained he met with the Mayor after his election in April and asked him for sites. The Mayor informed him of the Schaefer/Durham site. That site was not chosen based on the needs of the District. Salentine asked about the meeting just this fall, and Mr. Olson stated the District was already well into the selection process but looked at the sites suggested and still felt this site is a better site. Mr. Hensiak stated they knew this isn't the only location, but they like this one the best. So far still on schedule with this site. They now have the sewer approved. The other details such as zoning would be the same for any site. Mr. Heiden added that as they looked at acquisition, they had their agent search for 40 acre parcels or even larger. Borings test on this site came out favorable. Mayor noted that prior to decision there wasn't much discourse between the City and District. First knowledge of this site was read in the paper. The next day he called Dr. Drury. If the conversation had been held a couple months ago, time could have been saved. The District's agent came in and asked general questions which weren't specific. It would have been nicer if we had more up-front dialogue. Mr. Olson stated it was their understanding the problem with sewer was that Norway wouldn't grant the District Recs. The District's conversations with Norway indicated we would get them. We thought that issue was resolved. Mr. Hensiak stated the District's contract with the landowner is contingent on sewers, other approvals, etc. Our duty to the School District is to select the best site, then we need to work through the hurdles. Ald. Rasmussen stated he was upset because the City was put in the position that we're the heavy. The City did not select the site and the City did not tell you to build there. There is an ethical problem. This developer asked us twice for sewer since I've been here and I would give the Recs to him first before the school. We're not the problem. It should have been discussed long before now. When we were looking at a joint library we discussed campus-style at the high school site and that is where the City thought the new school would be placed until we read the paper. Mr. Olson agreed it is the School District's responsibility to select the site and did based on school and district needs. We didn't come to the City to select it for us because we were elected to do that. Is there a City policy or ordinance that it's first-come, first-served for Recs? Mr. Romneck also asked about the policy and added Joint Council/School Board Minutes of Meeting Held 12/5/96 Page 3 there is a benefit to the taxpayers of both municipalities to take care of people already in both communities, and before developers come in. Mayor responded the City's policy is Recs are allocated upon application. It is not in an ordinance. It is a policy the Public Utilities Committee has followed. We districts. Mr. Olson said that some municipalities have an ordinance that public have a set capacity allocated on first-come, first-served basis in both sanitary buildings receive a different type of priority. In Greenfield to put up a school is a service not a development. Mayor advised it hasn't been an issue. Mr. Olson acknowledged the District hasn't built a school since 1968. We have not come through the process so it's a learning process. Ald. Sanders asked about defining liability as to proposed developers and if the City could go to the developers and get a write-off for the 35 connections for the school that they do not care to pursue action. Mayor felt that they could sign today and change tomorrow. The City's attorney did state the City could try to find all the players we know about, but if we miss somebody that is who could come back. Ald. Sanders responded that the agreement with those known would limit liability. Mayor thought it was not an insurmountable project, but we need it done in the next month. Ald. Salentine echoed Ald. Rasmussen's objections. She stated she also received comments that the City tried to stop building a school. This site does have problems. Whether the City pays the bill or the School does, it's still the taxpayers. Even if the District indemnifies, she stated she was not sure it would stand up in court. She said that people only want a school and they don't really care where it is, but why should the taxpayer pay more money? Mr. Heiden advised the District is looking for something in the aouthern part of the school district and they may have to go to Wind Lake. Ald. Pionek asked if school districts could ever separate. Mr. Olson responded yes, they can consolidate and dissolve. Ald. Pionek asked what if Norway wanted to separate. Mr. Heiden stated the Department of Public Instruction does not look favorably on separation. and they must approve. Dr. Drury noted the state offers incentives for consolidation, and with 25% of students in Norway, the district would have to pay to dissolve a portion of the district. Mr. Olson stated the district would also have to agree. There are legal means but the district is not considering it. Ald. Pionek asked what if Norway was considering it, and Mr. Olson stated to his knowledge they were not. Mr. Olson stated when it comes to the annual meeting, we will be addressing what we paid, why we did and really think at that point the Common Council is a little out of our decision. The district would never do that to the City. line in the kind of evaluation of what we're doing as part of your agenda to review Ald. Sanders said there are individuals on the Council with individual opinions and he didn't want the school board to think all members of the Council think the same. Mr. Olson objected to an item on the Council agenda whether the school district made a wise decision. Sanders agreed. Mayor said he didn't know it was agendized that way. The question of land value was raised by some Aldermen who wanted to discuss with the Assessor. They just asked for at their meeting, but he had a problem with the forum, not with the question. Mayor information. Mr. Olson said maybe the question should have been asked of the Board Joint Council/School Board Minutes of Meeting Held 12/5/96 Page 4 stated he didn't think asking questions either at this forum or at the board meeting is inappropriate. Ald. Salentine asked if the land was appraised. Mr. Olson answered only by Mooney LeSage who gave their opinion of value. Ald. Suhr stated he received the same phone Calls and had same concerns as Aldermen Salentine and Rasmussen. He felt the meeting to work on the indemnification is a positive move. Ald. Rasmussen stated he was taken aback that the forum was inappropriate. He said he wanted to know facts of the case and check out reports of information being given out by the Assessor. The Department Heads report to the Council and we need to review their actions. That was the intent, why was the Assessor giving out figures and was it proper or not, and I feel it was. I was satisfied. Ald. Patterson stated he was glad the Council and Board were here tonight to communicate, which allows us to get through it a lot better. Topic No. 5 - Working relationship between School Board and City: Mr. Hensiak commented that prior to talking to the news media, if there are any reservations on a matter, we should talk to each other before talking to a reporter. Mr. Olson agreed that communication between the two bodies is key. He indicated he has met with the Mayor and Council president and has tried to interact and share information with other board members, and thought that should continue. The Mayor said he has always bigger than many and if we're going to face larger community issues we need to have a enjoyed a good relationship with the school superintendent and staff. This issue is few more meetings with both Board and Council members jointly. Mr. Olson said that in the past an annual meeting between the groups has been scheduled and it should go on our calendars. He suggested biannual meetings. Dr. Drury said that regardless of where we build this building, we will be involved in a redistricting issue and he said he would appreciate input from the Aldermen. Topic No. 2 - Discuss fees for pool rental: The Mayor advised the City has some concerns about the formula with 5% escalator and not sure the automatic 5% really reflects the City's actual usage which has decreased in time. The City would like to explore a different method of charging for the service, particularly for the 25% of the people not in the City. Mr. Olson introduced Mr. Gary Rosploch. Mr. Rosploch said that Gordy and Irene are doing a great job in scheduling the pool for community use. The District and City share the cost of equipment such as first aid, etc. Mr. Rosploch distributed a cost analysis. The Mayor noted that the formula includes amortization, and asked if the District set it aside. Mr. Skip Brenden responded there is no reserve fund. It goes into current revenue. The Mayor thought maybe it would be more appropriate to work off an operational standpoint and look at capital expenditures. Mr. Heiden said built-in amortization is used so if a new roof is needed the District doesn't need to come to the City for approval. The Mayor felt that a percentage based on pool ueage and percentage for capital expenditures might be used. Mr. Olson noted the District has figures for the City's use of the pool. Mr. Rosploch referred to Gordy's letter. As to the pool operation, he said you don't turn it off and on - the costs remain constant, it remains heated, chemicals have to be added even when not used. The only is used seven days a week, during the day by the school and evenings and weekends by time City uses the pool and the school does not is in the summer. During school, it the City. Joint Council/School Board Minutes of Meeting Held 12/5/96 Page 5 Mr. Olson said they would try to develop the numbers the school uses the pool to determine percentage of use. The Mayor noted the City enjoys a wonderful relationship with the District as to use of facilities. Mr. Olson said that after the data is gathered the District and City will have to get together and come to agreement for payment. Topic NO. 3 - Discuss school parking: The Mayor stated that at the beginning of the year parking on city streets near the high school was an issue. Ald. sanders indicated since the no parking signs were posted there have been no problems. Mr. Rammer explained the process for students to receive parking permits. Mr. Rammer relationship. Mr. Oman asked if the parking lot would be expanded, would it have to also noted the School District and our Police Department have a very good be paved. The Mayor responded "yes". Topic No. 4 - Discuss the sale of sand/salt. Mr. Rosploch stated the district would the community. Mayor stated it would not be a problem. like to purchase sand/salt from the City since it would be more cost effective for Mr. Olson stated that in discussing these other issues we see in general we have a favorable working relationship. Warner Cable expires in 1998 and the City will be working on the contract in 1997. Topic No. 6 - Education channel for cable - Ald. Patterson stated the contract with He asked if the district was interested in an educational channel and asked about the possibility of a studio on school property which the club could use. He stated he would like to start dialogue to negotiate the best contract. Mr. Olson said they were very interested in having an educational channel and a studio. Dr. Drury also said they would like to be very much involved. Mr. Heiden recalled that originally at least two of their buildings were to have two-way access - the middle school and high school and it never happened. He felt that the District building should be able to televise live and the high school should have two-way access, which should be included in the negotiations. Mr. Olson asked that the District be informed when the City meets on this issue so the District can send a representative. The Mayor stated the City will be establishing a list of issues to be addressed and probably a sub-committee of the Public Services Committee will be formed and the City will inform the District of those meetings. Mayor De Angelis stated he was glad the Council and District finally had an opportunity to get together. He thought it helped clear the air on several issues. He hoped the groups could more forward with a positive attitude. Mr. Olson thanked the Mayor and Council for the joint meeting and hoped both bodies could work for the common needs of both groups in the best interests of the people of the City. Ald. Suhr moved to adjourn at 1O:OO P.M. Ald. Salentine seconded, motion carried. Respectfully submitted, n K. Marenda, CMC Clerk-Treasurer