Submitted for Town Board Approval - 05/10/99

 

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, March 22, 1999

 

MINUTES

 

 

Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Sanitary District No. 4, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

 

 

I.                   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 6:02 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            Grace Vander Velden, Dir. of Finance

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

William Weiss, Police Chief            Don Cox, Fire Chief

Mary Rauen, Admin. Secretary

 

EXCUSED:

Allen Nennig, Supervisor #4            Bogdan “Bob” Vitas, Administrator

 

ALSO PRESENT:

Germaine Koepke            Don Prellwitz            Pat Prellwitz

Jerry Nault            Jim Gray            Brian Adams

Pete Guckenberg            Dean Steinmetz            Curt Pliskie

Charlotte Larsen            Jean Hesselman            Lois Grundman

John Treml            Michael Miller            Beverly Labre

James Labre            Mark Hesselman            Frank J. Taff

Frank G. Taff            Robert Francart            Wayne LaSage

Sue LaSage            Gloria Weller            Jerome Weller

Steve Kohel            Bill Acker            Dan Marquardt

David L. Day            Corey Lee            Mary Kleman

Jack R. Salling            Fred Steenis            Russ Handevidt

           


Todd Shadick                        Greg Ziegler                                                       Mark Nelessen

Jim Guckenberg            Julie Lillge            Jane Bahr

Sandra Stephani            David Fennessy            Steve Veldhorst

Rick Taff            Orville Koehler, Jr.            Jeff Schmidt

Elizabeth Zaborsky            Mike Lettier            David Sellier

Wes Meyer            Synona Meyer            Cathie Schmidt

Lynn Kriha            Judy Swichtenberg            Kara Henschel

Carla Nelessen            Tim Mullen            Joe Trudell

 
 
II.         AWARDS/PRESENTATIONS – None

 

 

III.              PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Frank J. Taff, 1370 A Meadow Lane, Neenah, commented regarding Stroebe Island and the discharge of firearms.  He stated that the Residents have spoken and the Board can no longer ignore the issue.  He made the following points (1) The public was not informed regarding legal water rights, (2) He was harrassed by Peter Guckenberg, (3) The discharge of firearms is a public safety issue.

 

Fred Steenis, Town Resident, stated that they have taken decibel readings and will be reporting back to the Board with the results.

 

 

IV.           DISCUSSION ITEMS

 

 

V.              OLD BUSINESS

A.                990125-5:  Final Special Assessment – Construction of Olde Buggy Drive Extension

Administrator Vitas requested that the resolution be referred to the April 26, 1999 meeting.

 

MOTION:  Supervisor Sprague, second Supervisor Krueger to refer this resolution to the April 26, 1999 meeting.  Motion carried unanimously, with Supervisor Nennig excused.

 

B. 990308-2:  Bid Award – Digital Copier/Printer, Police Department

MOTION:  Supervisor Krueger, second Supervisor Sprague to approve the bid award for the Police Department Digital Copier/Printer.

 

MOTION:  Supervisor Krueger, second Supervisor Sprague to amend the resolution to add, “Whereas, the cost of this lease agreement is $344.56 per month with a total cost of $12,404.16 for 36 months; and”  Motion carried unanimously, with Supervisor Nennig excused and Supervisor Jurgensen abstaining.

 

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

 

 

VI.           NEW BUSINESS

A. 990322-1:  Certified Survey Map – Bob Pheifer, Reconfigure Lots, 1985 American Drive

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the resolution for a Certified Survey Map.  Motion carried unanimously, with Supervisor Nennig excused.

 

B.                990322-2:  Rezoning – Gateway Development/J Fletcher – West American Drive, all 008-0233-06 Suffixes 06,06-06, 06-07, 06-12, 06-13 from A2 to B5

MOTION:  Supervisor Sprague, second Supervisor Krueger to approve the resolution for rezoning of properties presently zoned A-2 (Agricultural) to B-5 (Planned Commercial).  Motion carried unanimously, with Supervisor Nennig excused.

 

C. 990322-3:  Rezoning – Valley Gateway Development/J Fletcher – West American Drive (008-0205, 0206, 0207, 0209, 0211, 0212) from A2 and R1 to B5 and R5 and R2

MOTION:  Supervisor Krueger, second Supervisor Sprague to approve the resolution for rezoning.  Motion carried unanimously, with Supervisor Nennig excused.

 

D. 990322-4:  Certified Survey Maps, Valley Gateway Development/J Fletcher – West American Drive, 9120 Clayton Avenue – Peter Stielow (008-0211,0212, 0207, 0209)

MOTION:  Supervisor Krueger, second Supervisor Sprague to approve the resolution for certified survey map.  Motion carried unanimously, with Supervisor Nennig excused.

 

E.                990322-5:  Department of Transportation/J Marlow Foxshore Construction – North of West American Drive – Rezoning (008-0265-(p)

MOTION:  Supervisor Krueger, second Supervisor Sprague to approve the resolution for rezoning.  Motion failed by a vote of 2-2, with Supervisor Nennig excused.  Krueger and Tews voted YES.  Sprague and Jurgensen voted NO.

 

Dave Fennessy, Town Resident on Highland Park Road, stated that he was representing the Residents on Highland Park Road, provided a presentation and petition to Clerk Sprague opposing the rezoning to R-5 and the conditional use permit of property West of Golf Bridge Drive and North of West American Drive.  He was elected by the majority of his neighborhood to present a petition of 137 signatures from Residents in this neighborhood and adjacent.  He stated that they were not property notified when the Planning Commission had their meeting.  In the past, a lot of promises that were given to them have not been kept.  They were told the area would stay single family residential or duplexes.  Urban sprawl is a big issue.  They picked this neighborhood and feel that no one is standing behind them.  Last week at the Planning Commission meeting one of the members referred to themselves as a visionary.  What is the vision of the Town?  On the west side of Highland Park Road there were 180 units built (Cold Spring Villas) in the last two years.  We agreed to R2 zoning south of Highland Park and R3 zoning east of Delta.  We have made concessions in the past.  Multi-family dwellings will create a decrease of property values and a decrease in the safety of our children.  We do not want rezoning to R5.  We agreed to a cul-de-sac providing there is not a change to R5 zoning for this property.  Also, this would decrease salability of our homes and property.

 

Supervisor Krueger questioned what the timetable was for the cul-de-sac.  She thought a working plan was reached between residents at the Planning Commission meeting.

 

Dave Fennessy stated again that they are not in favor of the rezoning.

 

Chairman Tews stated that he personally thought the cul-de-sac would be a help to all of the Residents.

 

Supervisor Jurgensen stated that he was concerned that the Residents were not notified.  He stated that there have been several R5 proposals lately and the Town needs to take a look at these.

 

Much discussion ensued.

 

Jeff Schmidt, Town Resident on Highland Park Road, stated that he circulated the petition to Town Residents.  Many Residents were upset at not being notified, and that not one Resident on Delta Drive was notified.  He felt that R3 is a compromise.

 

Cathie Schmidt, Town Resident on Highland Park Road, commented that the unknown disturbs her.  The apartments might be beautiful in the beginning, but what about 20 years from now?

 

Sandra Stephani, Town Resident, stated that she was concerned about schools, bussing, and the issue of overpopulation of children.

 

Wes Meyer, Town Resident on Highland Park Road, stated that he did not get notified until the day after the meeting, and then he was notified from the County, not the Town.  He questioned what was going to be done with the berm.  He questioned how tightly the Town will enforce the developer for compliance.

 

Jeff Marlow from Fox Shore Construction presented his building plan.

 

Much discussion ensued.

 

Jack Salling, Town Resident on Highland Park Road, stated that he was not notified.  He stated that he was not concerned about the appearance of the building as the increase in the amount of traffic.

 

Michelle Fennessy, Town Resident, questioned the promises that have been given to them.  She requested that they put the cul-de-sac in first.

 

Chairman Tews asked for a 30-day delay.  This would give time for the developer to meet with the Residents.

 

Supervisor Sprague stated that the cul-de-sac is in the next resolution.

 

Richard Hopple representing the Department of Transportation, stated that they were willing to donate land to the Town for a cul-de-sac.

 

Jeff Marlow stated that they could meet with the Residents but not one thing will change in 30 days.  The Board needs to take a stand and make a decision.

 

Synona Meyer, 1010 Highland Park stated that there are apartment buildings on the right of her property and she does not want them on the left also.

 

Wes Meyer stated that he would like to talk with the developer regarding the berm.

 

David Day, Town Resident on Delta Drive, questioned why the Board is in favor of more high density apartments.  Is there a need for this?  He stated that he doesn’t think so.

 

F. 990322-6:  Department of Transportation/J Marlow Foxshore Construction – North of West American Drive – Conditional Use Permit

MOTION:  Supervisor Krueger, second Chairman Tews to deny the resolution for a conditional use permit.  Motion was withdrawn.

 

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the resolution for a conditional use permit.  Motion failed by a vote of 2-2, with Supervisor Nennig excused.  Sprague and Jurgensen voted YES.  Krueger and Tews voted NO.

 

G. 990322-7:  Rezoning – Elizabeth Hooyman/Daniel Schott – Behind 1110 E. Shady Lane (008-0169, 008-0173)

Resolution was voluntarily withdrawn by applicant.

 

H. 990322-8:  Conditional Use Permit – Elizabeth Hooyman/Daniel Schott – Behind 1110 E. Shady Lane (008-0169, 008-0173)

Resolution was voluntarily withdrawn by applicant.

 

I. 990322-9:  Temporary Use Permit – Hometown Inc., 2040 American Drive (008-0145-07)

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the resolution for a temporary use permit.  Motion carried unanimously, with Supervisor Nennig excused.

 

 

 

J. 990322-10:  Short-Term Financing

MOTION:  Supervisor Sprague, second Supervisor Krueger to approve the resolution to obtain short-term financing.

 

MOTION:  Supervisor Sprague, second Supervisor Krueger to refer the resolution to the April 12, 1999 Meeting.  Motion was withdrawn.

 

MOTION:  Supervisor Jurgensen, second Supervisor Sprague to approve the resolution to obtain short-term financing.  Motion carried unanimously, with Supervisor Nennig excused.

 

Dave Wagner of Ehlers and Associates explained to the Town Board and Residents what was involved regarding this resolution.

 

 

K. 990322-11:  Approval of Proposed Fire Department Strategic Plan

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve continued research and constant development of the Fire Department Strategic Plan to guide the activities of the Fire Department.  Motion carried unanimously, with Supervisor Nennig excused.

 

L. 990322-12:  Intermunicipal Agreement – Town/City of Menasha 1999 Crack Sealing and Chip Sealing Programs

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the Intermunicipal Agreement between the Town and City of Menasha for the 1999 Crack Sealing and Chip Sealing Programs.  Motion carried unanimously, with Supervisor Nennig excused.

 

M. 990322-13:  Nomination for Business of the Year

MOTION:  Supervisor Jurgensen, second Supervisor Sprague to approve the selection of Pierce Manufacturing Inc. as the Town of Menasha’s 1999 Business of the Year.  Motion carried unanimously, with Supervisor Nennig excused.

 

N. 990322-14:  Nomination for Individual of the Year

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the selection of Leon Grundman as the Town of Menasha’s 1999 Individual of the Year.  Motion carried unanimously, with Supervisor Nennig excused.

 

O. 990322-15:  Set Public Hearing – Petition to Annex Lands to Town of Menasha Sanitary District No. 4 (Parcel #008-0167), John R. Davel, P.E. on Behalf of James Christianson

MOTION:  Supervisor Krueger, second Supervisor Sprague to set the Public Hearing for Monday, April 26, 1999, 5:55 p.m.  Motion carried unanimously, with Supervisor Nennig excused.

 

P. 990322-16:  Budget Transfer

MOTION:  Supervisor Sprague, second Supervisor Krueger to approve the budget transfer.  Motion carried unanimously, with Supervisor Nennig excused.

 

 

Q. 990322-17:  Expenditures

MOTION:  Supervisor Sprague, second Supervisor Jurgensen to approve the expenditures with the exception of none.  Motion carried unanimously, with Supervisor Nennig excused.

 

 

VII.         ORDINANCES

A. 990308-1:ORD  Amendment Chapter 3, Section 3.01, Police and Emergency Government Management to add new paragraph (5) of the Town of Menasha Municipal Code    SECOND READING & ADOPTION

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

 

B. 990308-2:ORD  Amendment Chapters 13, 14, and 14A, Inspection Department Fee Schedule of the Town of Menasha Municipal Code    SECOND READING AND ADOPTION

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

 

C. 990308-3:ORD  Amendment Chapter 7, Public Protection, Orderly Conduct and Firearm/Gun Control, 7.01(2) State Laws Adopted to the Town of Menasha Municipal Code    SECOND READING AND ADOPTION

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

 

 

VIII.         RESIGNATIONS/APPOINTMENTS

 

 

IX.             APPROVAL OF MINUTES

A.                Regular Town Board Meeting – 02/08/99

B.                Regular Town Board Meeting – 02/22/99

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

 

 

X.         CORRESPONDENCE

A.                Park Commission Meeting Minutes – 01/13/99

B.                Municipal Court – 02/99

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

 

 

XI.         REPORTS

 

A. Bob Vitas, Town Administrator – Excused

 

B. John Claypool, Town Attorney

Attorney Claypool stated that we had one erroneous assessment.  Hildebrand vs. the Town for September 22, 1999.  The Court has ordered the parties to mediate.

 

C. Carlene Sprague, Town Clerk – No Report

 

D. Town Board

1.                 Jeanne Krueger, Supervisor #1

Supervisor Krueger for the third time asked for the law that says the Town has to pay overtime for over 8 hours of work.

 

Supervisor Sprague requested that he be copied on this as well.

 

2.                 Robert Sprague, Supervisor #2

Supervisor Sprague stated that there have been a lot of complaints regarding Residents not getting notified.  He suggested that this be investigated.

 

3.                 Jerry Jurgensen, Supervisor #3

Supervisor Jurgensen suggested looking at the placement of the apartment buildings on Highland Park to see if they could be arranged so the Residents don’t feel boxed in.  He stated that he is for development, but is questioning the placement of the apartments.

 

George Dearborn, Director of Community Development, stated that we may need to adjust the land use plan.  The dilemma he faces is that these are according to our land use plan.

 

4.                 Allen Nennig, Supervisor #4 – Excused

 

E. Arden Tews, Town Chairman

Chairman Tews provided a report from the Wisconsin Towns Association District Meeting.  He talked in regards to future Boards of Review that will need one member who has attended educational credits to be certified.

 

F. Other Town Officials

Grace Vander Velden, Director of Finance – Director Vander Velden stated that Town Board had requested an itemized list of building repair and maintenance, and should have received a report. 

 

Don Cox, Fire Chief – Chief Cox stated that the Fire Department received a grant from the Department of Transportation for first responder kits for an 80/20 basis with the Town paying 20%.

 

Chief Cox asked direction from the Board regarding the sale of the Town’s old fire truck.  He has an offer that equals the projected revenues.


 

It was the consensus of the Board to accept the offer.

 

George Dearborn, Director of Community Development – Director Dearborn commented in regard to notification.  There are a lot of Residents over 300 feet who would like to be notified.  The question is where to draw the line.

 

William Weiss, Police Chief – Chief Weiss stated that after the Public Forum statements were made regarding the discharge of firearms.  He would like to present this to the Board since it could involve litigation.

 

Mike Lettier, Police Commission – Mike Lettier stated that the Town is in possession of their five Crime Stoppers signs and they need to be installed.

 

 

XII.          MOTIONS BY SUPERVISORS – None

 

XIII.      ANNOUNCEMENTS – Same as on Agenda

 

XIV.     ADJOURNMENT

At 8:50 p.m., MOTION:  Supervisor Sprague second Supervisor Jurgensen 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