Town Board Approved December 20, 99

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, October 25, 1999


MINUTES

Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Utility District, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

  1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL

Town Chair Arden Tews called the Regular Meeting of the Town Board of Supervisors to order at 6:00 p.m. and led the Pledge of Allegiance.

Clerk Sprague noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

Bob Sprague, Supervisor #2 Jerry Jurgensen, Supervisor #3

Allen Nennig, Supervisor #4 Carlene Sprague, Town Clerk

Bogdan "Bob" Vitas, AdministratorGrace Vander Velden, Dir. of Finance

William Weiss, Police Chief George Dearborn, Dir. of Com. Dev.

Gaylene Nash, Asst. to Admin. Don Cox, Fire Chief

William Weiss, Police Chief Mary Rauen, Admin. Secretary

ALSO PRESENT:

Jim Sell Jeff Ogden Arvin Sell

Dave Morgenson Germaine Koepke Christine Finger

Pat Hickey Joe Trudell Lyle Tatro

Robert Francart Betty Zaborsky John Brantmeier

Lisa Hansen Sy Lee Marilyn Anunson

Bruce Anunson Atty. Rob Kahl

II. AWARDS/PRESENTATIONS – None

    1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

    1. DISCUSSION ITEMS

    1. OLD BUSINESS

  1. NEW BUSINESS

A. 991025-1: Rezoning - Matthew Westphal, 1049 Appleton Road (008-1581, 008-1582, 008-1583)

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and approve the rezoning from B-2 to B-3 as submitted. Motion carried unanimously.

B. 991025-2: Conditional Use Permit, Lisa & Greg Hansen, 800 Butte St. (008-1912)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the conditional use permit with the conditions stated on the resolution. Motion carried unanimously.

C. 991025-3: Variance - Neenah/Menasha Ford, 440 North Green Bay Rd (008-0577)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the variance as submitted. Motion carried unanimously.

D. 991025-4: Variance - Terry & Angie Kuehl, 160 Riverview Court - (008-1065)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the variance as submitted. Motion carried unanimously.

E. 991025-5: Certified Survey Map - Pat Gambsky, County Trunk P (Valley Road) - (008-0055-01, & 74-0076204)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously.

F. 991025-6: Certified Survey Map - Touchmark, Prospect Avenue (008-0084)

This resolution was WITHDRAWN.

G. 991025-7: Certified Survey Map - Valley Gateway, West American Dr. (008-0205 & 008-0206)

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously.

H. 991025-8: Rezoning - Morgensen Realty, Irish Road - (008-0205 & 008-0206)

Jim Fletcher, representing Valley Gateway and Dave Morgensen made a presentation of the proposed development.

Chairman Tews stated that it certainly helps to buffer the Town residents from this development. Chairman Tews then asked if there were any questions from the residents. There was no response.

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the rezoning from B-5 to R-5 as submitted. Motion carried unanimously.

I. 991025-9: Conditional Use Permit - Morgensen Realty, West American Drive & Irish Road (008-0205)

Dave Morgensen made a presentation and stated to the Town Board and residents that they would like to put approximately 100 units on per year.

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the conditional use permit with the conditions as stated on the resolution. Motion carried unanimously.

J. 991025-10: Authorizing the Vacating of Jameson Street Beginning at its Intersection With Sell Drive and Extending East to the Proposed Cul-de-Sac as Indicated on the Attached Exhibit "A" within the Town of Menasha, Winnebago County, State of Wisconsin

The resolution was amended by adding "BE IT FURTHER RESOLVED, permanent easements shall be required as part of the site plan for the purpose of emergency vehicles."

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the amended resolution and approve the vacation of Jameson Street. Motion carried unanimously.

K. 991025-11: Authorizing the Vacating of that Portion of Sell drive Beginning at Point "B" (as indicated on the attached Exhibit "A") and to the Proposed Cul-de-Sac (also identified on the attached Exhibit"A") as Located Within the Town of Menasha, Winnebago County, State of Wisconsin

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the vacation of that portion of Sell Drive described on Exhibit "A". Motion carried unanimously.

L. 991025-12: Rescinding Resolution #990726-14 - Intergovernmental Cooperation Agreement - Town of Menasha, Town of Neenah Sanitary District No. 3, Town of Neenah and Winnebago County

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and hereby rescind the Town Board action of July 26, 1999 approving the Intergovernmental Cooperation Agreement for the construction of a sanitary sewer interceptor and storm water detention pond. Motion carried unanimously.

M. 991025-13: Authorizing Ehlers and Associates, Inc. to Solicit Competitive Bids for $2,500,000 General Obligation Promissory Notes of the Town of Menasha, Wisconsin

MOTION:Supervisor Sprague, second Supervisor Krueger to amend the resolution to add "not to exceed $2,500,000." A roll call vote was requested by Attorney Claypool. Krueger-Yes, Sprague-Yes, Jurgensen -Yes, Nennig-Yes, Chairman Tews-Yes. Motion carried unanimously.

N. 991025-14: Budget Transfer - Tailgate Salt Spreader #11, Street Dept.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the transfer from 53311-353 to 53311-814 in an amount of $1,203.00 and not to exceed $1,923.00 to replace tailgate salt spreader #11. Motion carried unanimously.

O. 991025-15: Budget Transfer - Fire Fighter Annuity/Non-Vested to Vested

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the budget transfer of $2,680 from 52200-154 (non-vested) to the 52200-154(vested account). Motion carried unanimously.

P. 991025-16: Budget Transfer - Contingency to Prof. Service/Contracted

Supervisor Sprague questioned the high cost of this appraisal. He suggested that future appraisals be bid out.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the budget transfer for $1,400 for the appraisal of required right-of-way located along Olde Buggy Drive. Clerk Sprague requested a roll call vote. Motion was defeated (3-2) Krueger-Yes, Sprague-No, Jurgensen-No, Nennig-Yes, and Chairman Tews-No.

Q. 991025-17: Town of Menasha Blood Drive

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the support of the American Red Cross usage of the Assembly Room of the Municipal Complex on Wednesday, December 29, 1999. Motion carried unanimously.

R. 991025: Expenditures

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the expenditures with the exception of Check 29002 to Sherman Realty. Motion carried unanimously.

 

VII. ORDINANCES

A. 991025:ORD Amendment Chapter 9, Licenses and Permits, Section 9.03(2), Cigarettes - Fees of the Town of Menasha Municipal Code in Accordance with WI State Statutes 134.65. FIRST READING

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the first reading of the ordinance changing the Cigarette License Fee to $25.00 instead of $5.00 as allowed by State Statute 134.65. Motion carried unanimously.

VIII. RESIGNATIONS/APPOINTMENTS

  1. 991025-1:APP Appointment – Paid On-Call Fire Fighter

    MOTION: Supervisor Krueger, second Supervisor Sprague to appoint Maria Cross effective October 26, 1999. Motion carried unanimously.

  2. 991025-2:APP Appointment – Paid On-Call Fire Fighter

    MOTION: Supervisor Sprague, second Supervisor Krueger to appoint Michael Peterson effective October 26, 1999. Motion carried unanimously.

  3. 991025-3:RES Resignation – Paid On-Call Fire Fighter

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the resignation of John Stilp effective October 26, 1999. Motion carried unanimously.

IX. APPROVAL OF MINUTES

    1. Public Hearing Creation of Utility District – 9/13/99

    2. Regular Town Board Meeting – 9/13/99

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the minutes as submitted. Motion carried unanimously.

X. CORRESPONDENCE

    1. Park Commission Meeting Minutes – 9/8/99

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the correspondence for filing. Motion carried unanimously.

XI. REPORTS

A. Town Administrator

1) Valley Gateway Development

Administrator Vitas stated that they are continuing to meet with the developer. The results of these meetings are the projects that were voted on in Resolution 991025 numbers 8 and 9. The developers are also in the process of acquiring the Hildebrand property. It is being reviewed by legal council.

2) Bridgeview Dr. & Bridgeview Ct. - Curb/Gutter & Storm Sewer Installation Request

Administrator Vitas provided an overview of the Town's 3rd Quarter 1999 Financial Report which was prepared by Director of Finance Grace Vander Velden. Overall, Administrator Vitas had a request from Town residents who would like to see this as a special assessment project. The residents would like a cost estimate.

Supervisor Krueger requested a Public Information Meeting without the engineers cost.

Chairman Tews asked if Carl Sutter, Town Engineer could give us an estimated assessment without full costs to the Town.

Carl Sutter stated he could. He stated that he has a file from 10 years ago regarding this issue and will be able to provide an estimate.

3) Financial Report - 3rd Quarter

financially things are on a straight target. He does not forsee any problems.

B. Town Attorney

1) Legal Representation - Green Valley Ditch, Waiver of Conflict

Attorney Claypool stated that he felt he would need a waiver because of conflict in representing both the Town of Menasha and Town of Neenah in regards to the Green Valley Ditch agreement. He requested a written letter from Administrator Vitas regarding the Town's position.

Also Attorney Claypool was seeking direction from the Town Board to commence with legal proceedings on the Haapapuro residence. We have a lean on his property now. When the property is sold, the Town will recoop their losses.

Much discussion ensued.

MOTION: Supervisor Krueger, second Supervisor Sprague to direct Attorney Claypool to file an action for a declaratory ruling stating that this property is a Public Nuisance. Motion carried unanimously.

C. Town Clerk – none.

D. Town Board

    1. Jeanne Krueger, Supervisor #1 – none

    2. Robert Sprague, Supervisor #2 – none

    3. Jerry Jurgensen, Supervisor #3

Director Dearborn reported on the railroad bridge across Lake Butte des Morts. This agreement will allow the DNR to purchase this bridge. He will continue to report on this issue.

Other issues discussed were about Comprehensive Planning and Grants that are available. He stated that single family residences have a negative cost value and Commercial and Multi family have a positive cost benefit.

Grace Vander Velden, Director of Financenone

Don Cox, Fire Chief – Chief Cox stated that there is a condemned structure on Drum Corps Drive. Our street department boarded up the building to make it safe for residents. The owner filed for bankruptcy. This will need legal action.

William Weiss, Police Chiefnone

Mike Lettier, Police Commissionnone

 

  1. MOTIONS BY SUPERVISORS

At 7:32 p.m., MOTION: Supervisor Sprague, second Supervisor Krueger to adjourn 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 and pursuant to 19.85(2), the Town Board may reconvene into open session to act on any business discussed in closed session. Motion carried unanimously.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 8:00 p.m., MOTION: Supervisor Sprague, second Supervisor Krueger to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

Respectfully submitted,

 

 

Carlene L. Sprague

Town Clerk