Town Board Approved March 13, 2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, February 14, 2000

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.

Bob Pheifer Dick Bergstrom John Wollner

Brandon Fruhwirth Scott Fruhwirth Robert Francart

John Zaborsky Mike Lettier Lee Schwandt

II. AWARDS/PRESENTATIONS – None

Presentation – Fox Cities Performing Arts Center -

Richard Bergstrom and John Wollner

John Wollner, representing AAL and the Performing Art Center Board of Directors made a presentation regarding support in the community for the construction of a performing arts center in downtown Appleton for residents and visitors in the Fox Cities. They have been visiting Appleton and local municipalities with 2 objectives.

1. To provide an update regarding the project

2. To discuss funding and financial matters.

They wanted to address building the performing arts center through room tax community wide, and amortize over a period of 20 - 30 years. We are asking the private and public sector to join as partners in this project. He provided an overview of why this is needed in the Fox Cities.

Dick Bergstrom explained the room tax issue and how he raised over 20 million in private support as the Financial Chairman for the St. Mary Central High School project. He addressed funding for 8 million by room tax and distributed a proposal which in 20 years, would be repaid. He was asking for the Town Board's approval in an upcoming meeting to be a partner in the cooperation agreement.

Supervisor Sprague asked if the 2% would end as soon as the debt would be paid off.

Mr. Bergstrom stated yes.

Chairman Tews requested additional information regarding the financial commitment for the Town of Menasha.

Supervisor Sprague stated that it is a wonderful plan. The only thing he did not like is that it was not being built in the Town of Menasha.

Supervisor Jurgensen inquired regarding the current room tax.

Mr. Bergstrom stated 37%.

Chairman Tews thanked the Performing Arts Center committee members for coming. The Town of Menasha will have a resolution in the next couple of weeks addressing this issue.

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Bob Pheifer, representing Pheifer Brothers Construction, proceeded to summarize the events that occurred and led up to his request to have land that he dedicated to the Town of Menasha and the Department of Transportation be given back because it isn't being used for the purpose that it was dedicated.

Attorney Claypool presented a legal opinion regarding street vacations and road dedications.

Administrator Vitas stated that the Department of Transportation wants us to retain this right of way for future expansion. We may give it back to Mr. Pheifer, but the Department of Transportation might take it away for future expansion purposes.

Attorney Claypool stated that his explanation regarding this issue has been provided and a copy is available for inspection in the Clerk's office.

  1. DISCUSSION ITEMS

Street/Park Garage Addition Report – Randy Gallow & Ron Krueger

Randy Gallow, Street Superintendent and Ron Krueger, Director of Parks/Rec. presented an overview with drawings and a cost estimate of a vehicle storage building for the Street and Park Departments. (Attachment in the original minute book)

Supervisor Sprague stated that Town Residents made their objections to the sale of Town land at the last town board meeting. I would be reluctant to build a $850,000 building with the proposed land sale.

Chairman Tews stated that 6 years ago, a resolution was passed to work towards this addition. I appreciate your plan and the preparation to present it.

Street Superintendent Randy Gallow re-emphasized that we are running out of room.

Supervisor Jurgensen agreed that we have to do something to protect all of our equipment. Are we bound by what was mentioned at the Town Meeting?

Attorney Claypool stated that we should put this as a resolution on the agenda.

Administrator Vitas stated that the issue would need to be presented at the next Annual Town's meeting.

Supervisor Krueger inquired about the possibility of a referendum at the Presidential Election in November regarding this issue.

Much discussion ensued.

  1. OLD BUSINESS

  1. NEW BUSINESS

A. 000214-1: Christopher Drive Roadway Acceptance

Supervisor Sprague asked if the road had been brought up to Town standards? He stated that he has a real problem with Christopher Drive situation. We have a policy in place and I think we should not accept anything that does not meet Town specifications. They could have built this correctly and chose not to. Would the proposed $47,000 maintenance agreement bring it up to Town specifications?

Town Engineer, Carl Sutter stated no.

Administrator Vitas stated that we need to accept all or nothing for snow plowing, street maintenance etc. The original portion Phase I still does not meet Town specifications, therefore the Town is prepared to enter into a maintenance agreement for Phase I.

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and deny the execution of the agreement for acceptance of Christopher Drive Phase I and Phase II. Motion carried unanimously.

B. 000214-2: Relocation Order, Strohmeyer Detention Pond – A portion of Tax Parcel #008-0526-01 consisting of .655 acres

Randy Gallow, Street Superintendent Administrator Vitas, and Chairman Tews had approached this resident to work things out but were unable to reach a compromise.

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and hereby certifies that the property described in Exhibits "A" and "B" is condemned for the purpose of a public storm sewer and detention facility in the Town of Menasha. Motion carried unanimously.

C. 000214-3: Request For Waiver of 66 Foot Right-Of-Way Requirements in Gateway Meadows

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and requests the District Director in the Green Bay Office of the Wisconsin Department of Transportation waive the 66 foot right-of-way requirement for the proposed subdivision, Gateway Meadows. Motion carried unanimously.

D. 000214-4: Town of Menasha Census 2000 Proclamation

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approves the Town of Menasha as one of the 39,000 governmental entities in partnership with the U.S. Bureau of Census 2000 Project. Motion carried unanimously.

E. 000214-5: Set Public Hearing – Preliminary Special Assessment Street, Storm Sewer, Water and Sanitary Sewer Construction – Golf Village Phase II

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the resolution and set the public hearing for the Preliminary Special Assessment Street, Storm Sewer, Water and Sanitary Sewer Construction of Golf Village Phase II on March 27, 2000. Motion carried unanimously.

F. 000214-6: Bid Award – ½ Ton, 4 X 4 Pickup – Street Department

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and award the bid to Les Stumpf Ford of Appleton with a total bid not to exceed $20,880.85. Motion carried unanimously.

G. 000214-7: Bid Award – Tandem Axle, 58,000 G.V.W. Cab & Chassis – Street Department

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and award the bid for the Tandem Axle Cab & Chassis to Packer City International with a bid not to exceed $64,175.00. Motion carried unanimously.

H. 000214-8: Bid Award - Related Equipment, For Tandem Axle, Cab & Chassis – Street Department

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and award the bid for the tandem axle related equipment to Monroe Truck Equipment for a price not to exceed $51,882.00. Motion carried unanimously.

I. 000214-9: Individual Amusement License – Sabre Lanes

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution issue the individual amusement license to Jeffrey Phelps for the Fox Valley Muzzle Loaders Inc. Gun Show on March 10 - 12, 2000. Motion carried unanimously.

J. 000214-10: Annual Alcohol Beverage License – Dick’s Wheel Inn

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution issue the annual alcohol beverage license to Richard Pataska for the Dick's Wheel Inn. Motion carried unanimously.

K. 000214-11: Annual Cigarette License – Dick’s Wheel Inn

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and issue the annual cigarette license to Richard Pataska for the Dick's Wheel Inn. Motion carried unanimously.

L. 000214-12: Annual Amusement License – Dick’s Wheel Inn

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and issue the annual amusement license to Richard Pataska for Dick's Wheel Inn. Motion carried unanimously.

M. 000214-14: Expenditures

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

VII. ORDINANCES

A. 000214-1:ORD An Ordinance to Recodify the Municipal Code of the Town of Menasha as to all new, Amending and Repealing Ordinances Adopted in the Year 1999 and all Years Preceding 1999 and all Ordinances Adopted, Amended or Repealed To date. SECOND READING

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading and adopt the ordinance as submitted. Motion carried unanimously.

B. 000214-1:ORD Amending and Recreating Chapter 1, Composition and Duties of General Town Government, Section 1.03, Appointed Boards, Commissions and Committees (2) Planning Commission of the Town of Menasha Municipal Code FIRST READING

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the first reading of the ordinance as submitted. Motion carried (3-2) Krueger, Sprague, Jurgensen-Yes, Nennig and Chairman Tews-No.

VIII. RESIGNATIONS/APPOINTMENTS

000214-1:APP Police Communication Technician I

MOTION: Supervisor Sprague, second Supervisor Krueger to appoint Niccole L. Krueger to the Police Communication Technician I effective February 15, 2000. Motion carried unanimously.

000214-2:RES Resignation – Fire Captain Johnson

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the resignation of Fire Captain Johnson with regret effective February 15, 2000. Motion carried unanimously.

IX. APPROVAL OF MINUTES

    1. Regular Town Board Meeting – 1/24/00

    2. Board of Review – 6/19/99

MOTION: Supervisor Sprague, second Commissioner Nennig to split the question and

(1) accept the minutes of January 24, 2000, motion carried unanimously, with Chairman Tews abstaining

(2) accept the minutes of the June 19, 1999 Board of Review, motion carried unanimously.

X. CORRESPONDENCE

    1. Police Department Activity/Crime Report– 12/99

    2. Fireline 2/2000

    3. Building Report - 1/2000

    4. Fire Dept Monthly Report 01/2000

    5. Park Commission Meeting 12/8/99

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

XI. REPORTS

A.Town Administrator

a) Valley Gateway Development Report

The Town Engineer reported on the status of Valley Gateway construction. The Town should see those lots available this spring. The developer is also trying to bring some closure to their retail site.

Administrator Vitas stated that the road sign installation on the corner of Holly Road and American Drive was completed.

Town Attorney - None

Town Clerk - None

D. Town Board

  1. Jeanne Krueger, Supervisor #1

    Supervisor Krueger requested feedback regarding citations being issued against trains who violate the Town Ordinance for delays at crossings.

    Chief Weiss stated that if trains would have a legitimate reason for being there, they would not get a citation. If they are in violation of the Town's Ordinance, tickets are issued.

  2. Robert Sprague, Supervisor #2 – None

  3. Jerry Jurgensen, Supervisor #3 – None

  4. Allen Nennig, Supervisor #4

Supervisor Nennig stated that the lights on Cold Spring and Jacobsen Road are still blinking. He inquired about the status of this issue.

Carl Sutter, Town Engineer stated that it needs to be repaired. He understood that there was a part on order.

E. Town Chairman

Chairman Tews also requested a copy of all parks in the Town of Menasha and their correlating size from Director George Dearborn.

Lee Schwandt, 970 Nennig Road requested a street light by Spring Road School on the corner of Green Bay Road and State Road 150.

Carl Sutter, Town Engineer stated that State Road 150 currently is owned by the State of Wisconsin but shortly will be under Winnebago County jurisdiction.

Chairman Tews stated that we should send a letter to the County Supervisors and Highway Commissioners regarding this issue.

Administrator Vitas stated that we have tried this before. They will not pay for street illumination.

F. Other Town Officials

1)George Dearborn, Director of Community Development

Director Dearborn stated that our GIS internet map web site is now available. It’s a 24 hour service and it improves our efficiency.

Grace Vander Velden, Director of FinanceExcused

Don Cox, Fire Chief – Chief Cox thanked the Town Board and staff in regards to their support for Harry Olszewski retirement party and gifts.

William Weiss, Police ChiefNone

Mike Lettier, Police Commission – Mike Lettier stated that the Police Commission will be meeting to select candidates for the terms of office that will expire in April.

John Zaborsky, Park Commission - None

  1. MOTIONS BY SUPERVISORS

At 7:50 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn into closed session pursuant 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(e) of the Wisconsin State Statutes; deliberating or negotiating the purchasing of public property, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. Pursuant to 19.85(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. Pursuant to 19.85(2) of the Wisconsin State Statutes; the Town Board may reconvene into open session to act on any business discussed in closed session. Motion carried unanimously, with Supervisors Sprague excused.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 10:00 p.m., MOTION: Supervisor Jurgensen, second Nennig to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

Respectfully submitted, Carlene L. SpragueTown Clerk