Town Board Approved January 24, 2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room


Monday, December 20, 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

Allen Nennig, Supervisor #4 Carlene Sprague, Town Clerk

Carl Sutter, Town Engineer John Claypool, Town Attorney

Bogdan "Bob" Vitas, Administrator Grace Vander Velden, Dir. of Finance

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

Don Cox, Fire Chief William Weiss, Police Chief

EXCUSED:

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

Gaylene Nash, Asst. to Admin

ALSO PRESENT:

Sue Englebert Steve Lamb Tom Mc Crory Bill Schettle Leland Haskins Sr.

Dennis Maguire Pat Maguire Mary Porto Elaine Siegfried Cheryl Heutz

Dean Steinmetz John Davel Ed Lowe Mike Lettier

II. AWARDS/PRESENTATIONS – None

A. Emilee Salm for calling 911 - Presented by: Sue Englebert

The award was referred to the next Town Board meeting. Emilee Salm was not present.

 

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

  1. DISCUSSION ITEMS

A. Bonnie Drive - Stormwater Concerns

Administrator Vitas addressed the issues and concerns to the Town Board. Administrator Vitas talked to Mr. and Mrs. Maguire and asked them to attend the meeting regarding stormwater concerns. The ditch on Bonnie Drive was redone. The driveway apron and pitch of the ditch has been a concern form some time. The Maguires had corresponded with Randy Gallow regarding a ditch enclosure. They would like to see the ditch enclosed on their property. There are 6 actual homes interested. They stated they would check with the other property owners and see if they would also like to enclose their ditch or put a storm sewer on Bonnie Drive. Those are the different variables that need to be explored.

Chairman Tews asked if there were other residents on this street are willing to enclose their ditches.

The Leland's, 1368 Bonnie Drive stated that since they redid their ditch, it also is very steep and a problem for them. They are going along with the neighbors. The requested a quote regarding the cost of a ditch enclosure. The Lelands also inquired if they would have to replace their driveways again.

The Maguires requested that the Town send a letter to inform the other property owners regarding the possibility of enclosing their ditch.

Administrator Vitas stated that Randy Gallow, the Street Superintendent is investigating the possibility of this project being partially paid for by the Town, if the Town is installing a storm sewer versus a ditch enclosure.

Chairman Tews stated that we should notify the six residents on this street and see if they would be interested in participating.

Administrator Vitas stated that would be something to take into consideration. We could hold an informational meeting and compare cost estimates.

Chairman Tews directed Administrator Vitas to contact Street Superintendent Randy Gallow regarding this issue. He requested a meeting with the proposed Town Residents who would be involved.

  1. OLD BUSINESS

A. 990913-9: Addendum #1 to Amended State / Municipal Agreement-USH 45 / Spring Road Drive / STH 150 Construction Project

MOTION: Supervisor Nennig, second Supervisor Krueger to approve the attached Addendum #1 to the Amended State / Municipal Agreement for the DOT project regarding USH 45 and Spring Road Drive and State Road 150. Motion carried unanimously with Supervisors Sprague and Jurgensen excused.

  1. NEW BUSINESS

A. 991220-1: Rezoning-Richard Cleveland, 941 Appleton Rd, (008-1569)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the rezoning from R-2 (Suburban Residential) to B-3 (General Business). Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

B. 991220-2: Conditional Use Permit-Versatile Management, Dan Schott (008-0056-05)

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve the conditional use permit with the conditions mentioned in the Planning Commission report. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

C. 991220-3: Variance-Kimberly Clark (008-3339)

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

D. 991220-4: Certified Survey Map - Killarney (008-0206)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the Road Dedication of Killarney Way. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

E. 991220-5: Copier Lease(s) Agreement

Mr. Steinmetz from Lanier stated that the Police Department has had some experience with the Lanier copiers and has submitted a letter of recommendation for Lanier from the Police Department.

MOTION: Supervisor Nennig, second Chairman Tews to adopt the resolution and approve the copier lease(s) with A.B. Dick and Lanier. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

F. 991220-6: Certified Survey Map(s) Town of Menasha (008-0172)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the (2) Certified Survey Maps as submitted. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

G. 991220-7: Municipality Service Agreement - Wisconsin Nuisance Wildlife Control LLP

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the service agreement with Wisconsin Nuisance Wildlife Control. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

H. 991220-8: Set Bond for Obstructing Crossing by Trains

First Offense $276.00 Second Offense $645.00

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve setting the bond for Ordinance 4.075, Obstructing Crossing By Trains. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

I. 991220-9: Amendment to State / Municipal Agreement - Highway Improvement Project - STH 114

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve the agreement with the Dept. of Transportation for the STH 114 project and future maintenance of the bicycle / pedestrian path. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

J. 991220-10: Adopt 2000 Annual Operating Budget

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the 2000 Annual Operating Budget. A roll call vote was taken. Motion carried unanimously with, Krueger, Nennig and Chairman Tews-Yes, and Supervisors Sprague and Jurgensen were excused.

K. 991220-11: Budget Transfer - Community Development

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve the budget transfer to the Community Development Department for hiring a professional service/contract employee. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

L. 991220-12: Set FY 2000 Rates- Northern Winnebago Dial-A-Ride

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the FY200 Rates for the Northern Winnebago Dial-A-Ride as a joint contract with Lamers Bus Lines. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

M. 991220-13: Expenditures

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the expenditures with the exception of Dorner Stahl Check #029742. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

VII. ORDINANCES

A. 991220-1:ORD Amendment Chapter 4 Traffic Code and Snowmobile Regulations, Section 4.075(1)(3)(4) - Obstruction Crossing by Trains FIRST READING

Chief Weiss stated that this was reviewed by the Town Attorney and he personally checked and noted that there are some trains that cannot pass the crossing just because of their size in 5 minutes.

The minutes reflect the correction of the ordinance title as: ORDINANCE: AMENDING CHAPTER 4 TRAFFIC COCE CODE AND SNOWMOBILE REGULATIONS, SECTION 4.07(1)(3)(4) - OBSTRUCTING CROSSING BY TRAINS

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the first reading of the ordinance and adopt as submitted. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

B. 991220-2:ORD Amending and Recreating Chapter 14 of the Town of Menasha Municipal Code - Mobile Home Parks Mobile Homes and Recreational Campers, Section 14.65(5)(B) and 14.65(7) is hereby amended and recreated to read as follows: FIRST READING

George Dearborn, Dir. Community Development stated that the title of this ordinance is incorrect and he submitted an amended ordinance with the title reading: ORDINANCE: AN ORDINANCE AMENDING CHAPTER 14 OF THE TOWN OF MENASHA MUNICIPAL CODE-OFF SITE SIGN REGULATIONS.

Tom Mc Crory stated that this change would not allow signs for business's on Holly Road. None would qualify under this ordinance of 500 feet.

George Dearborn, Dir. Community Development stated that this business owner is 150-200 feet away. In the second and third ordinance readings there would be time to make adjustments accordingly.

Tom Mc Crory argued that the 500 feet is too restrictive.

Chairman Tews stated that staff should review with the GIS computer program and see how close the other businesses are.

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the first reading of the ordinance with changing the title and paragraph "D". Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

VIII. RESIGNATIONS/APPOINTMENTS

IX. APPROVAL OF MINUTES

    1. Special Town Board Meeting – 10/21/99

    2. Regular Town Board Meeting – 10/25/99

C. Special Town Board Meeting - 11/1/99 Referred to next Town Board Meeting

D. Special Town Board Meeting - 12/07/99

Item C. Special Town Board Meeting of November 1, 1999 needs to be deleted. It was not included in the packet. MOTION: Supervisor Nennig, second Chairman Tews to accept the minutes as submitted. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

X. CORRESPONDENCE

  1. Park Commission Meeting Minutes – 10/13/99

  2. Municipal Court Report - 11/99

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the correspondence for filing. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

Administrator Vitas stated that everyone should have received a copy of his letter to Mr. Pessman. He also said that he wishes everyone a Merry Christmas.

Administrator Vitas also stated that the interest rates are forecasted to increase between 1/1-1/2 % in the year 2000. We need to look at borrowing soon.

E. Town Chairman

Chairman Tews stated that he contacted the American Legion regarding how to property dispose of the American and State flags. He stated that the flags can be given to him and he will take care of them.

Also, in regards to the Debt Service, he asked Grace Vander Velden, Finance Director to submit a schedule of Debt Service to the Town Board for review.

Chairman Tews also wanted to extend a Thank You to everyone who participated in the production of the Santa Float.

George Dearborn, Director of Community DevelopmentNone.

Grace Vander Velden, Director of Finance – Director Vander Velden stated that the tax bills were mailed on Friday December 17, 1999. She wished everyone a Merry Christmas.

Don Cox, Fire Chief – Chief Cox stated that he mailed in our self assessment documents for accreditation. He should receive information back in late spring, or early summer.

The assessments for Harry Olszcwski replacement are continuing and a name will be submitted for the January 10, 2000 meeting.

William Weiss, Police Chief – Chief Weiss wishes everyone Seasons Greetings.

Mike Lettier, Police CommissionNone.

  1. MOTIONS BY SUPERVISORS

At 7:25 p.m., MOTION: Supervisor Krueger, second Supervisor Nennig to adjourn into closed session pursuant to 19.85(c) of the Wisconsin State Statutes; considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility. Pursuant to 19.85(g) of the Wisconsin State Statutes; 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, with Supervisors Sprague and Jurgensen excused.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 8:46 p.m., MOTION: Supervisor Krueger, second Chairman Tews to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisors Sprague and Jurgensen excused.

Respectfully submitted, Carlene L. Sprague Town Clerk