Town Board Approved January 10,2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, November 8, 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 6:10 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

Carlene Sprague, Town Clerk Bogdan "Bob" Vitas, Administrator

Grace Vander Velden, Dir. of Finance William Weiss, Police Chief

George Dearborn, Dir. of Com. Dev. Gaylene Nash, Asst. to Admin.

Don Cox, Fire Chief John Claypool, Town Attorney

ABSENT:

Allen Nennig, Supervisor #4

ALSO PRESENT:

Howard Healy Scott Kons Clifford Voigt

Gary Sidebeck Phil Cosson

II. AWARDS/PRESENTATIONS – None

      1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Clifford Voigt, Town Resident, thanked the Town Board for installing the street light at the corner of Allison and Cold Spring Road.

Gary Sidebeck, Town Resident, 1715 Cold Spring Road, stated that he is having a problem with a culvert that is plugged on the east side of the street, at the corner of Kaufman and Cold Spring Road.

Chairman Tews and the Town Board directed Administrator Vitas to notify Street Superintendent, Randy Gallow to proceed with this issue.

  1. DISCUSSION ITEMS

A. Sale of Town Land - The Seubert Group, LLP

B. Sale of Town Land - Nicolet Lumber Company, Inc.

Administrator Vitas presented the Town of Menasha property where an offer to purchase has been made on by the Seubert Group, LLP and Nicolet Lumber Company, Inc.

The last 3-4 years, we have been looking at ways to sell or market property that we do not believe the Town needs. There are 62 acres of land. The Town has advertised this property. We have come up with 2 potential buyers that we believe want to develop this property in accordance with the Town's Comprehensive, Long Range Plan. Our purpose is to identify this because we are close to selling this property. He explained what property each buyer intends to purchase, the amount of acreage and what is intended to be built by the developers.

Chairman Tews stated that the Town Board presented the proposed property that is for sale at last years Annual Meeting.

  1. OLD BUSINESS

  1. NEW BUSINESS

A. 991108-1: Authorization for the Town of Menasha to Borrow an amount not to exceed $2,500,000 by Issuing General Obligation Promissory Notes Pursuant to Section 67.12(12) of the Wisconsin State Statutes and Authorizing the Sale of the Notes.

Phil Cosson, Vice President of Ehlers & Associates presented information regarding the bid tabulations and the accepted bid. The winning bid that was submitted was by Bankers Bank of Madison for the purchase price of $2,488,750.

The minutes reflect the correction of paragraph 'WHEREAS, it has been determined that the best bid received was that submitted by Bankers Bank of Madison and Associates."

The minutes reflect the correction of paragraph "Section 1. Award - The Bid from Bankers Bank and Associates for the purchase price of $2,488,750, be and is hereby . . . "

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the bid received by Bankers Bank of Madison for the purchase price of $2,488,750. A roll call vote was taken. Krueger-Yes, Sprague-Yes, Jurgensen-Yes, Chairman Tews-Yes. Motion carried unanimously, with Supervisor Nennig excused.

B. 991108-2: Vacating that portion of Sell Drive extending south from its point of intersection with the eastern terminus of Zephyr Drive to a point ending at the intersection of the southern property lines of lots 2 and 3 (see attached exhibits A and B) CSM 3735, in the Town of Menasha, Winnebago Co.

The resolution was amended to add "Be it further resolved, by the Town of Menasha Board of Supervisors that the final vacation is subject to a comprehensive review by St. Mary Central High School Representatives and Town Officials, that identifies secondary access roadway decisions and land use development.

Be it further resolved, all costs incurred with this request will be the financial responsibility of the requestor."

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and approve the street vacation as amended. Motion carried unanimously, with Supervisor Nennig excused.

C. 991108-3: Intergovernmental Cooperation Agreement - Town of Menasha, Town of Neenah Sanitary District No. 3, and the Town of Neenah.

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the agreement between the Town of Neenah Sanitary District No. 3 and the Town of Neenah for the construction of a sanitary sewer interceptor and storm water detention pond. Motion carried unanimously, with Supervisor Nennig excused.

D. 991108-4: Intergovernmental Cooperation Agreement - Town of Menasha and Town of Neenah - Utility District

Administrator Vitas distributed the agreement to the Town Board and Town Clerk. He reviewed the contract and what the agreement provides that occurred from the first draft. Supervisor Sprague stated that the agreement has many changes and he believes that the agreement should be referred to the next Utility District Commission meeting. This resolution was withdrawn.

E. 991108-5: Intergovernmental Cooperation Agreement - Town of Menasha and City of Neenah - Utility District

This resolution was withdrawn and referred to the next Utility District Commission meeting.

F. 991108-6: Memorandum of Agreement - WDNR, City of Menasha and Town of Menasha - WCRR Trestle/Rec. Trail

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the agreement with the WDNR, City of Menasha and Town of Menasha for the WCRR Trestle/Recreational Trail. Motion carried (3-0), with Supervisor Sprague Abstaining and Supervisor Nennig excused.

G. 991108-7: Development Improvement Agreement - Valley Gateway Development - Phase II

Chairman Tews passed the gavel to Vice Chair Sprague.

1ST MOTION: Supervisor Jurgensen, second Supervisor Krueger to amend the motion to be approved contingent upon approval and review by the Town's Attorney. Motion was withdrawn.

2nd.MOTION: Supervisor Jurgensen, second Supervisor Krueger to reconsider and adopt the resolution to approve Phase II of the Development Improvement Agreement with Valley Gateway Development. Motion carried (3-0), with Supervisor Nennig excused and Chairman Tews abstaining.

Vice Chair Sprague passed the gavel back to Chairman Tews.

H. 991108-8: Exemption from Assessment of Town Refuse - 905, 907, 909, 911, 913, 915, 917, 919 Irish Road, Neenah (Irish Spring Apartments), and 209 Royal Court, Appleton (Royal Court Apartments), and 2104-2105 Camelot Court, Appleton (Camelot Court Apartments), and 1120, 1135, 1140, 1160, 1170, 1185, 1190 Christopher Ln. Neenah (Cold Spring Villas I Apartments), and 1110, 1130, 1150 Jonathon Ln., & 1195 Christopher Ln. Neenah (Cold Spring Villas I Apartments)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the exemption from assessment of Town refuse hauling to Mr. William H. Dwyer of Premier Real Estate Management, LLC. Motion carried unanimously, with Supervisor Nennig excused.

I. 991108-9: Set Year 2000 Refuse and Recycling Rates

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the Year 2000 Refuse and Recycling Rates. Motion carried unanimously, with Supervisor Nennig excused.

J. 991108-10: Budget Transfer - Self Contained Breathing Apparatus (SCBA) for new fire engine.

MOTION: Supervisor Jurgensen, second Supervisor Sprague to adopt the resolution and approve the Budget Transfer not to exceed $4,472 to account #52200-814 Fire Protection Capital Equipment/Other. Motion carried unanimously, with Supervisor Nennig excused.

K. 991108-11: Expenditures

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the expenditures with the exception of (None). Motion carried unanimously, with Supervisor Nennig excused.

L. 991108-12: Establish Salary - Police Administrative Lieutenant (to be acted upon after closed session, pursuant to WI State Statute 19.85(2))

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 SECOND READING & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt changing the cigarette license fee to $25 per license. Motion carried unanimously, with Supervisor Nennig excused.

VIII. RESIGNATIONS/APPOINTMENTS

  1. 991108-1:APP Appoint Custodian

MOTION: Supervisor Sprague second Supervisor Jurgensen to appoint Rick Coenen effective the 9th of November, 1999 to the position of Custodian contingent upon the successful completion of the physical examination and background check. Motion carried unanimously, with Supervisor Nennig excused.

IX. APPROVAL OF MINUTES

  1. Special Town Board Mtg. – 9/20/99

  2. Special Town Board Mtg. – 9/23/99

    1. Fireline – 11/99

    2. Municipal Court Report - 9/99

    3. Fire Dept. Report - 10/99

    4. Building Report - 10/99

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

XI. REPORTS

A. Town Administrator

1) Valley Gateway Development - no report.

Administrator Vitas stated that there is an Informational Meeting scheduled for November 15, at 7:00 p.m. in regards to the reconstruction of the N. Lake Street overpass.

Administrator Vitas stated that he has modified the Planning Commission Agenda to state "There may be a quorum of Supervisors at this meeting".

Attorney Claypool stated the Winnebago County's District Attorney's office position is that 3 or more Supervisors constitutes a quorum.

B. Town Attorney

1) Ordinance Reference - Manufactured Homes

Attorney Claypool reported that he and George Dearborn had been contacted by the Manu-factured Housing Associates. They take the position that our current Ordinance needs to be revised.

Director Dearborn stated that he would draft up an Ordinance specifically relating to size and submit to Attorney Claypool for review.

Attorney Claypool would like direction from the Town Board to modify the Ordinance regarding the replacement of mobile homes in mobile home parks. There are some non-conforming mobile home parks. There are instances where they take out 2 mobile homes and put in one double wide home.

It was the consensus of the Town Board to direct Attorney Claypool to amend the ordinance.

 2) Ordinance Reference - Military Vehicles

Attorney Claypool reported to the Town Board in regards to a request that he received through Clerk Sprague for a written opinion whether our current ordinance pertaining to the display of military vehicles or weaponry is violated when an individual covers a military vehicle or weaponry with a tarp or some other material. In his opinion, the ordinance, as it is currently written, is not violated when the military vehicle or weaponry is covered. Although this may not have been the intent of the ordinance, the current language is not ambiguous; and therefore, resorting to the intent of the ordinance is probably not appropriate.

C. Town Clerk – none.

D. Town Board

  1. Jeanne Krueger, Supervisor #1 – None

  2. Robert Sprague, Supervisor #2 – None

  3. Jerry Jurgensen, Supervisor #3 – None

  4. Allen Nennig, Supervisor #4 – Excused

E. Town Chairman

Chairman Tews stated that he received a complaint on the corner of Teakwood and Baldwin. There is a cottonwood tree that should be removed. He requested that Administrator Vitas direct Street Superintendent Randy Gallow to review this tree location and report to the Town Board.

Chairman Tews also received a letter from John Gilbert from the Performing Arts Center for the Town's financial participation.

F. Other Town Officials

1)George Dearborn, Director of Community DevelopmentCondemnation of Building, 1620 Drum Corps Drive

Director Dearborn had concerns about the Town's liability regarding the James Deltour property on Drum Corps Drive.

Grace Vander Velden, Director of Finance – Director Vander Velden stated that the check for Sherman Realty will be released tonight.

Don Cox, Fire Chief – none

William Weiss, Police Chief – none

Mike Lettier, Police Commission – none

  1. MOTIONS BY SUPERVISORS

At 8:03 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to adjourn 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 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, with Supervisor Nennig excused.

At 8:20 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to reconvene into open session to act on any business discussed in closed session. Motion carried unanimously, with Supervisor Nennig excused.

L. 991108-12: Establish Salary - Police Administrative Lieutenant (to be acted upon after closed session, pursuant to WI State Statute 19.85(2))

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and establish the Police Administrative Lieutenant at Step "E" and adjusted in accordance with the CPI for fiscal year 2000. Motion carried unanimously, with Supervisor Sprague and Nennig excused.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 8:35 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor Nennig excused.

Respectfully submitted, Carlene L. Sprague Town Clerk