Approved 6/1499

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, April 26, 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.

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 6:07 p.m. and led the Pledge of Allegiance.

Clerk Sprague noted the roll as follows:

PRESENT:

Arden Tews, Town Chair *Jeanne Krueger, Supervisor #1

Jerry Jurgensen, Supervisor #3 Allen Nennig, Supervisor #4

Carlene Sprague, Town Clerk Carl Sutter, Town Engineer

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

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

* Arrived at 6:15 John Claypool, Town Attorney

EXCUSED:

Bob Sprague, Supervisor #2

ALSO PRESENT:

Russ Handevidt Lee Neerhof Steve Veldhorst

Joe Trudell Cindy Kirstein Rick Kirstein

Claude Foster Chris Foster Bruce Anunson

Marilyn Anunson Bill Acker Clifford Voigt

 

II. AWARDS/PRESENTATIONS – None

 

PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS- None

DISCUSSION ITEMS – None

OLD BUSINESS - None

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

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the resolution for the Final Special Assessment on the construction of Olde Buggy. Motion carried unanimously, with Supervisor Krueger and Supervisor Sprague excused.

Supervisor Krueger arrived at 6:15.

NEW BUSINESS

A. 990426-1: B-5 Conditional Use Permit – Retail Complex, West American Drive and CTH "CB"

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the resolution for a conditional use permit in concept as it develops through Phase I. Motion carried 3(Aye), 1(Abstained-Supervisor Krueger) and Supervisor Sprague excused.

990426-2: Certified Survey Map – Touchmark Living Centers, Prospect Avenue – (Parcel 008-0084, 008-0088)

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

C. 990426-3: Rezoning Richard Cleveland, 941 Appleton Road –(008-1569, 008-1570)

MOTION: Supervisor Krueger, second Supervisor Jurgensen to approve the resolution to refer for 30 days to proceed with the Housing Appeals Board. Motion carried unanimously, with Supervisor Sprague excused.

D. 990426-4: Conditional Use Permit – Richard Cleveland 941 Appleton Rd (008-1569, 008-1570),

MOTION: Supervisor Krueger, second Supervisor Jurgensen to approve the resolution to refer for 30 days to proceed with the Housing Appeals Board. Motion carried unanimously, with Supervisor Sprague excused.

990426-5: Certified Survey Map –Warehouse Specialists, 655 Brighton Beach (008-0416)

MOTION: Supervisor Krueger, second Supervisor Nennig to approve the resolution for the referral of 30 days on the certified survey map.

 

 

 

F. 990426-6: Certified Survey Map – RLC Investments, 2000 Holly Road (008-0145-03)

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

G. 990426-7: Certified Survey Map – Tim Goss, 1148 Old Manitowoc Rd, (008-0435, 008-0435-01)

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

H. 990426-8: Zoning Text Amendment to the Winnebago Town/County Zoning Ordinance

MOTION: Supervisor Krueger, no second, to amend the resolution to approve, pending the outcome of the farming text. Motion withdrawn.

MOTION: Supervisor Jurgensen, second Supervisor Krueger to amend the resolution to state approve with a 30 day delay, pending the outcome of the farming text.

MOTION: Supervisor Jurgensen, second Supervisor Krueger to approve as amended. Motion carried unanimously, with Supervisor Sprague excused.

I. 990426-9: Intermunicipal Agreement City/Town of Menasha, Appleton & Midway Road Sidewalk Construction

MOTION: Supervisor Krueger, second Supervisor Jurgensen to amend the resolution to state the Intermunicipal Agreement between the Town and the City of Menasha is hereby approved by the Town Board of Supervisors contingent upon the results of a Public Hearing. Amended motion carried unanimously, with Supervisor Sprague excused.

The minutes reflect the correction in resolution #990426-9 to read: "WHEREAS, the Town and City of Menasha are interesting interested in entering into an Intermunicipal design Agreement for the concrete sidewalk construction along Appleton Road and Midway Road; and"

J. 990426-10: Bid Award – West American Drive Sanitary Sewer, Water Main & Storm Sewer Construction

MOTION: Supervisor Krueger, second Supervisor Jurgensen to approve the referral to the May 10, 1999 meeting. Motion carried unanimously, with Supervisor Sprague excused.

The minutes reflect the correction in resolution #990426-10 to read: "WHEREAS, the five bids were received; Dorner-Stahl Inc, Luxemburg, WI - $1,477120.00, PTS Contractors Inc, Green Bay, WI - $21,571,327.36, Advance Construction, Green Bay, WI - $1,614,273.50, Globe Contractors, Pewaukee, WI - $1,931,715 and Kruczek Construction, Green Bay, WI - $1,998,476.15; and"

K. 990426-11: Bid Award – West American Drive Concrete Street Construction (Irish Rd to CTH "CB")

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the referral to the May 10, 1999 meeting. Motion carried unanimously, with Supervisor Sprague excused.

L. 990426-12: Bid Award – 1999 Crack Seal Program

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the resolution and award Precision Seal Coating of Princeton, WI in the amount of $23,335.00. Motion carried unanimously, with Supervisor Sprague excused.

M. 990426-13: Bid Award – 1999 Chip Seal Program

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve the resolution awarding Farhner Asphalt Sealers for the 1999 Chip Sealing Program in the amount of $94,476.84. Motion carried unanimously, with Supervisor Sprague excused.

N. 990426-14: Bid Award – 1999 Resurfacing Program

MOTION: Supervisor Krueger, second Supervisor Jurgensen to approve the resolution awarding the 1999 resurfacing program to MCC, Inc. in the amount of $178,304.50 contingent upon a favorable recommendation by the Town’s Attorney, John Claypool. Motion carried unanimously, with Supervisor Sprague excused.

O. 990426-15: Street Light Request – Allison and Cold Spring

MOTION: Supervisor Nennig, second Supervisor Krueger to approve the resolution for a street light on Allison and Cold Spring Road. Motion carried unanimously, with Supervisor Sprague excused.

P. 990426-16: Annex Lands to Town of Menasha Sanitary District No. 4 Parcel (008-0167) James Christianson

George Dearborn, Director of Community Development stated that this does require East Central Planning Commission to swap or eliminate some land. It is the responsibility of the applicant to work with the staff to get other neighbors to agree to the "swap" of land from East Central Planning Commission.

Bruce Anunson, 2158 Irish Road inquired if there were a certain amount of years from which they can add to the district or rezone the property.

Director Dearborn stated yes.

MOTION: Supervisor Krueger, second Supervisor Nennig to approve the resolution to annex this parcel to the Sanitary District. Motion carried unanimously, with Supervisor Sprague excused.

Q. 990426-17: Stewardship Grant – Recreational Trail Connections

MOTION: Supervisor Jurgensen, second Supervisor Krueger to approve the resolution to submit an application for any financial aid that may be available. Motion carried unanimously, with Supervisor Sprague excused.

R. 990426-18: Personnel Policy Reconsideration – Chapter 5, Section D(1)(3)

MOTION: Supervisor Nennig, second Supervisor Jurgensen to amend the resolution to read "Hourly employees shall be eligible for overtime pay at the rate of time and one-half for all hours worked in excess of eight (8) forty (40) hours, except for Police Lieutenants. For purposes of computing overtime, paid time off, other than sick leave, within a given work week shall be considered hours worked."

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve as amended. Motion carried unanimously, with Supervisor Sprague excused.

S. 990426-19: Budget Amendment – GREAT Grant – Special Revenue Fund

MOTION: Supervisor Nennig, second Supervisor Jurgensen to have the Director of Finance amend the 1999 budget to include the GREAT Grant of $53,400 award. Motion carried unanimously, with Supervisor Sprague excused.

T. 990426-20: Budget Transfer – Town Clerk’s Salary

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve the resolution to transfer the Clerk’s salary change into the budget. Motion carried unanimously, with Supervisor Sprague excused.

The minutes reflect the correction of resolution #990426-20 to read: "WHEREAS, at the Special Town Meeting of December 5, 1994, the Townspeople established a base compensation of $15,000 a year for the Clerk/Treasurer position along with a longevity increase of $2,000 per year to a maximum of $30,000 effective April 11, 1995; and"

U. 990426-21: Authorizing Resolution – Investment Account

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the resolution authorizing the Finance Department to pursue investment opportunities with M & I Bank Fox Valley and Norwest Investments Services. Motion carried unanimously, with Supervisor Sprague excused.

V. 990426-22: Amendment to Town’s Comprehensive Plan

MOTION: Supervisor Krueger, second Supervisor Jurgensen to approve the resolution to amend the Comprehensive Plan. Motion carried unanimously, with Supervisor Sprague excused.

W. 990426-23: Authorize Purchase and Installation of Employee Lunch Room Door

MOTION: Supervisor Nennig, second Supervisor Jurgensen to refer for 30 days to get additional bids for this project. Motion carried on a vote of 3-1, with Supervisor Sprague excused. Nennig, Jurgensen and Tews votes YES, Krueger voted NO.

X. 990426-24: Sale of Town Equipment

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve the resolution authorizing the sale of Town equipment for sale at the City of Appleton’s auction on May 15th, 1999. Motion carried unanimously, with Supervisor Sprague excused.

Y. 990426-25: Expenditures

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

VII. ORDINANCES - None

VIII. RESIGNATIONS/APPOINTMENTS

Appointment – Individual/Business of the Year Committee

MOTION: Supervisor Jurgensen, second Supervisor Nennig to re-appoint Roy Kuehn, and appoint Nancy Mc Fadden and Jane Bahr to the committee. Motion carried 3-1, with Supervisor Sprague excused. Nennig, Jurgensen, and Tews votes YES, Krueger votes NO.

Appointment – Planning Commission – San. 4 Representative

MOTION: Supervisor Jurgensen, second Supervisor Nennig to appoint Harold Clifford to the Planning Commission. Motion carried unanimously, with Supervisor Sprague excused.

Appointment – Planning Commissioners

MOTION: Supervisor Nennig, second Supervisor Jurgensen to re-appoint Dennis Jochman, Charles Lewis and Roy Kuehn to the Planning Commission. Motion carried 3-1, with Supervisor Sprague excused. Nennig, Jurgensen and Tews votes YES, Krueger votes NO.

Resignation – Sanitary District #4 Commissioner

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the resignation of Robert Gross as a Sanitary District No. 4 Commissioner. Motion carried unanimously, with Supervisor Sprague excused.

Resignation – Fire Fighter

MOTION: Supervisor Nennig, second Supervisor Jurgensen to accept the resignation of Fire Fighter Jon Zimmer. Motion carried unanimously, with Supervisor Sprague excused.

 

Transfer/Appointment – Departmental Secretary to Deputy Clerk

MOTION: Supervisor Nennig, second Supervisor Jurgensen to accept the transfer/appointment of Mary Heiting to Deputy Clerk. Motion carried unanimously, with Supervisor Sprague excused.

 

APPROVAL OF MINUTES - None

X. CORRESPONDENCE

Park Commission Meeting Minutes –02/10/99

Municipal Court – 03/99

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

XI. REPORTS

A. Bob Vitas, Town Administrator

Town Administrator Vitas updated the Board regarding the Valley Gateway Development project.

An overview of the First Quarter Financial Report was presented. He stated that the Board will be receiving a copy of an intermunicipal agreement with the City of Appleton in regards to establishing a boundary agreement.

B. John Claypool, Town Attorney

Attorney Claypool provided an update regarding Urban Hubert’s appeal on his compensation for the Town’s public record violation. He stated that the Town was required to file a response and he completed this transaction for the Town.

In regards to the County Zoning issue, it may be a time when you may want to file a motion for a declaritory ruling to be removed from Winnebago County Zoning. If Winnebago County does not voluntarily allow the Town to do this, there is a procedure that the Town can follow.

C. Carlene Sprague, Town Clerk

Clerk Sprague stated that she was asked to be a guest speaker at the Wisconsin Business and Professional Women’s Convention regarding female elected officials. It would be at the Paper Valley on Friday, May 21st. She stated that she has been a member of the Business and Professional Women’s Association for several years and represents the Town.

D. Town Board

Jeanne Krueger, Supervisor #1

Supervisor Krueger stated that she feels there is a major water problem on Cold Spring Road. She referred to a letter from Mr. Gary Sidebeck.

Administrator Vitas stated that the quarry has a legal right to discharge water statutorily and there is nothing that we can do. We will put together a GIS map for the resident to view.

Robert Sprague, Supervisor #2 - Excused

Jerry Jurgensen, Supervisor #3 - No Report

Allen Nennig, Supervisor #4

Supervisor Nennig reported to the Board in regards to the urban Town’s meeting and workshop scheduled last Saturday. It was stated that we are going to have urban Town’s day on May 12th.

E. Arden Tews, Town Chairman

Chairman Tews said that the Hanson property on 1744 Lakeshore Drive has a ditch that runs through between two residents. He understood that we do not have an easement there. The majority of the water comes partially from the City of Menasha and some from the Town and the residents want the Town to re-route the water. He requested that the Town Board drive by and review the area. He commented how we are working with the other municipalities on the Gmeiner ravine project and thought this could be similar.

Chairman Tews also stated that he would like to coordinate a joint meeting with the Town’s of Neenah and Clayton regarding storm water management.

F. Other Town Officials

George Dearborn, Director of Community Development – Director Dearborn explained how Mary Heiting and the Board had received complaints regarding notifying residents. He stated that we notify residents within 300 feet. If we notify key individuals beyond the area, where do we draw the line?

Chairman Tews stated that there were 4 residents outside the 300 ft area on Highland Park Road. He stated that the Planning Commission told them they would be notified.

Director Dearborn also provided an overview of several construction projects in the Town of Menasha. He said he and his staff will be very busy.

MOTIONS BY SUPERVISORS

At 8:40 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig 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, with Supervisor Sprague excused.

ANNOUNCEMENTS – Same as on Agenda

ADJOURNMENT

At 9:58 p.m., MOTION: Supervisor Nennig, second Supervisor Jurgensen to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor Sprague excused.

Respectfully submitted,

 

 

Carlene L. Sprague

Town Clerk