Town Board Approved Sept 13,1999

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, July 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 6:00 p.m. and led the Pledge of Allegiance.

Deputy Clerk Heiting noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

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

Carl Sutter, Town Engineer John Claypool, Town Attorney

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

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

Mary Heiting, Deputy Clerk

EXCUSED: Bob Sprague, Supervisor #2 Carlene Sprague, Town Clerk

* Arrived at 6:15 p.m.

ALSO PRESENT: Paula Hella B. Zaborsky Robert Francart

Bob Polar John Schaidler Janet Gollnick

Michael Lettier Ryan Lettier

II. AWARDS/PRESENTATIONS – None

PUBLIC FORUM– NON-AGENDIZED TOWN RELATED MATTERS

Lee Schwandt, 970 Nennig Road inquired about residents roller blading on the roadway. He felt other communities have roller blade ordinances and wondered if the Town had any. He saw residents roller blading on E. Shady Lane and felt that this roadway was too narrow for roller bladers.

 III. DISCUSSION ITEMS

A. Reserved Operating Fund

The Town Board discussed whether there should be a 3% or 5% contribution to bring the reserve back to the $515,000 reserve balance. It was discussed if the percentage was from the current balance, or from the $515,000 balance that we are trying to reach. . It current amount is at $333,999. It was the consensus of the Board to proceed with a 3% of the $515,000 amount to help increase the Reserved Operating Fund. This should be done only this year with the Reserved Operating Fund being reviewed on an annual basis. The undesignated would remain undesignated but the carry-overs could be added to the balance.

IV. OLD BUSINESS

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

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the bid awarded to Dorner-Stahl, Inc. for $1,477,120, contingent upon the recording of the warranty deeds and review by the Town Attorney. Motion carried unanimously, with Supervisor Sprague excused.

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

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the bid awarded to Zignego Company, Inc., for $892,000 contingent upon the recording of the warranty deeds and review by the Town Attorney. Motion carried unanimously, with Supervisor Sprague excused.

V. NEW BUSINESS

A. 990726:1 Certified Survey Map – Robert & Carol Hausserman – 1560 Palisades Drive (008-1029, 1030, and 1031)

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously, with Supervisor Sprague excused.

B. 990726:2 Certified Survey Map – Joel King, 213 Plummer Avenue (008-0779, and 0780)

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

C. 990726:3 Certified Survey Map – William Streur, 1842 Lakeshore Drive (008-0082-04-01)

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

D. 990726:4 Rezoning – Timothy Goss – North of Sandlewood, West of Richard Drive (008-1609, 1610, 1611, 1612, and 1613)

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

E. 990726:5 Conditional Use Permit – Grand Chute/Menasha West Sewerage Commission 1965 West Butte Des Morts Beach Road (008-0108-04)

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the conditional use permit with (2) conditions.

1. The project shall be subject to a drainage plan review and approval.

2. The project shall be subject to approval of a landscape plan. Motion carried unanimously, with Supervisor Sprague excused.

F. 990726:6 Conditional Use Permit – Daniel Van Zeeland, Racine Street (008-0326)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the 30-day referral for the conditional use permit to prepare a site plan. Motion carried unanimously, with Supervisor Sprague excused.

G. 990726:7 Conditional Use Permit – St. Mary’s Church, 1200 Racine Street (008-0301)

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and approve the conditional use permit as submitted. Motion carried unanimously, with Supervisor Sprague excused.

H. 990726:8 Variance – Delores Becker – 1255 Kluck Street (008-3316)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the variance with (1) condition. The property owner will install a firewall along the entire side of the garage adjacent to the addition of the house. Motion carried unanimously, with Supervisor Sprague excused.

I. 990726:9 Variance – Allen C. Hoeppner Jr. 1780 Acorn Court – (008-3001)

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

J. 990726:10 Variance – American Tissue Mills of Neenah, LLC, 249 North Lake Street (008-0607)

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

K. 990726:11 Certified Survey Map – MCC, Inc. NW of Golf Bridge Drive (008-0264-08)

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

 L. 990726:12 Conditional Use Permit – David Hildebrand, American Drive West, West of Cold Springs Gardens, (008-0237-01)

Chairman Tews passed the gavel to Vice Chair Jurgensen.

Janet Gollnick presented a draft sketch of the site and stated that the landscaping will be similar to the quality landscaping presented at the Cold Spring Villas. The units will not have a loft so they will not be as high and the density will be approximately 8 units per acre. This will allow some green area especially along the creek.

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve the conditional use permit with (6) conditions.

1. The extension of Christopher Drive shall be constructed before any building permits are issued for the project.

2. The attached site plan shall be substantially complied with.

3. The project shall be subject to site plan review as per the Town’s site plan review ordinance.

4. The project shall be subject to landscape plan and approved by the Town staff.

5. A ten-foot wide paved pedestrian trail shall be constructed fronting the West American Drive for the length of the property.

6. The applicant shall comply with all other required Town regulations and ordinances. Motion carried with (3) Yes, Krueger, Jurgensen, and Nennig. (1) Abstained Tews, and Supervisor Sprague was excused.

Vice Chair Jurgensen passed the gavel back to Chairman Tews.

M. 990726:13 First Amendment Development Improvement Agreement – Valley Gateway Development

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and accept the Valley Gateway Development agreement as amended. Motion carried unanimously, with Supervisor Sprague excused.

N. 990726:14 Adopt Intermunicipal Cooperation Agreement – Town of Menasha, Town of Neenah Sanitary District #3, Town of Neenah and Winnebago County.

MOTION: Supervisor Krueger to defer this agreement for 2 weeks to draft the agreement with the suggested amendments. Motion was withdrawn.

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the intermunicipal agreement with the suggested changes as recommended by the Town Attorney. Motion carried unanimously, with Supervisor Sprague excused.

O. 990726:15 Sewer Service Agreement – R & R Steel Construction Inc., W5521 Cty Trk BB

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the sewer service agreement with R & R Steel Construction. Motion carried unanimously, with Supervisor Sprague excused.

P. 990726:16 Intermunicipal Agreement – City of Appleton & Town of Menasha

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

Q. 990726:17 Budget Transfer – Law Enforcement

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the budget transfer of $5,200 for the temporary employment. Motion carried unanimously, with Supervisor Sprague excused.

R. 990726:18 Annual Mobile Home Licenses

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the annual mobile home licenses. These licenses went to Reeseville Associates-Bridgeview Gardens, Meadows Development Group-Harbor Lights, and Craig E. (Jim) Schultz-Jim’s Friendly Village. Motion carried unanimously, with Supervisor Sprague excused.

Supervisor Nennig stated that the Town Board should reconsider the fees for the year 2000 budget. He stated that the fee should be $200 per 50 sites. It was $100 for 50 sites.

S. 990726:19 Expenditures

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

VII. ORDINANCES

A. 990726-1:ORD Amending and Recreating Chapter 8, (entire chapter) Public Nuisances FIRST READING

MOTION: Supervisor Krueger, second Supervisor Nennig to accept the first reading of the ordinance and approve the changes as suggested by the Town Attorney. Motion carried unanimously, with Supervisor Sprague excused.

VIII. RESIGNATIONS/APPOINTMENTS

990726-1:APP Appointment – Fire Fighter

MOTION: Supervisor Krueger second Supervisor Nennig to appoint Andy Burns as fire fighter. Motion carried unanimously, with Supervisor Sprague excused.

990726-2:APP Appointment – Fire Fighter

MOTION: Supervisor Krueger second Supervisor Jurgensen to appoint Jason Lee as fire fighter. Motion carried unanimously, with Supervisor Sprague excused.

990726-3:APP Sanitary District No. 4 Commission

MOTION: Supervisor Krueger second Supervisor Nennig to appoint Gerald Fritsch as Sanitary District #4 Board of Commissioners effective July 27, 1999. Motion carried unanimously, with Supervisor Sprague excused.

APPROVAL OF MINUTES

A Regular Town Board Meeting – 6/14/99

B. Regular Town Board Meeting – 6/28/99

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

X. CORRESPONDENCE

Park Commission Meeting Minutes – 6/9/99

Police Dept. Monthly Activity/Crime Report 5/99

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

a) Valley Gateway Development

Administrator Vitas explained that the construction of West American Drive utilities should be completed around December 15, 1999. The developer has agreed to an irrevocable letter instead of the escrow amount. Therefore the construction dates are bumped back later in the year.

b) Travel/Training Policy

Administrator Vitas read the changes in the travel/training policy. There was some discussion and interpretation on some of the changes.

Supervisor Krueger addressed her concerns about out of state training and reviewed the absence of the Town Board for granting training and conferences and convention travel.

c) WI Dept. Natural Resources – Stewardship Grant

It was reviewed that the Dept. of Natural Resources has made a list of possible applicants eligible for the stewardship grant moneys. Gaylene Nash has prepared the grant application for a trail along Irish Road, from O’Hauser Park along Irish Road over the railroad tracks. It looks like we are in contention for the grant award, but will be notified in the future.

B. John Claypool, Town Attorney –No Report

C. Carlene Sprague, Town Clerk – Excused

D. Town Board

Jeanne Krueger, Supervisor #1

Supervisor Krueger stated that she and Arden, other Board members, and Joe Trudell, viewed the Old Town Hall. It appears that there was hail damage on the roof and we should be contacting someone to repair the roof with the insurance claim.

Robert Sprague, Supervisor #2 – Excused

Jerry Jurgensen, Supervisor #3

Supervisor Jurgensen wanted to congratulate the staff for their diligent efforts for obtaining the City of Appleton agreement. Supervisor Jurgensen also congratulated the stall on their patience and endurance with the Valley Gateway project and their efforts on the progress so far.

Allen Nennig, Supervisor #4

Supervisor Nennig asked if the signal lights planned for the corner of County Roads "BB" and "CB" were scheduled for completion in 1999. He requested Lori Jencks, Weed Commissioner, to inspect some areas along some roadways.

E. Arden Tews, Town Chairman

Chairman Tews reviewed with Director Dearborn a map of sidewalks in the Town. Director Dearborn stated that this had been completed previously but will forward them again.

Chairman Tews also expressed his feelings about the Town Hall on Valley Road. He felt the Park Department could estimate what they would like to use in this building and come back with a recommendation. He felt the old Town Hall was an excellent location for storage of Town records among other things.

F. Other Town Officials

Grace Vander Velden, Director of Finance – Director Vander Velden stated that all the Department Heads were directed to view all of the Town’s assets and report back to her so claims could be filed. No report was submitted for the Valley Road roof.

Don Cox, Fire Chief – Excused

George Dearborn, Director of Community Development – Director Dearborn commented in regards to remodeling the old Town Hall and how remodeling is needed to bring the building up to compliance. The remodeling should be reviewed by our Building Inspector.

William Weiss, Police Chief – Excused

Mike Lettier, Police Commission Mike Lettier stated that Police Commission meeting was pushed back to the 24th. He also stated that the eligibility list is being prepared.

MOTIONS BY SUPERVISORS

At 9:03 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn into closed session pursuant to 19.85(c) of the Wis. 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 Wis. 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(2), of the Wis. State Statutes 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 10:30 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,

Mary R. Heiting, Deputy Clerk