Town Board Approved February 14, 2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, January 24, 2000


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

Vice Chairman Bob Sprague 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:

Bob Sprague, Vice Chairman Jeanne Krueger, Supervisor #1

Jerry Jurgensen, Supervisor #3 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 George Dearborn, Dir. of Com. Dev.

William Weiss, Police Chief Gaylene Nash, Asst. to Admin

Don Cox, Fire Chief Susan Phillips, Fire Marshal Dept. Chief

EXCUSED:

Arden Tews, Town Chairman

ALSO PRESENT: PLEASE REFERENCE THE FINAL PAGE FOR A LIST.

II. AWARDS/PRESENTATIONS –

A. Grate Award - Town of Menasha Finance Department

Grace Vander Velden, Director of Finance made a presentation in regards to the Grate Award. This is the 2nd year the Town of Menasha has received this award. Grace congratulated the Finance Department staff and commended their efforts in achieving this award. A warm congratulations was extended by all.

B. Introduction - Susan Phillips, Fire Marshal/Deputy Fire Chief

Chief Cox introduced Susan Phillips who will be the new Fire Marshal / Deputy Fire Chief. Town Clerk, Carlene Sprague swore Susan in on her new appointment. The Town Board extended their welcome to the newly appointed Fire Marshal / Deputy Fire Chief.

 

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Mr. Bob Pheifer representing Pheifer Bros, addressed the Town Board regarding the Public Hearing scheduled for the vacation of a portion of Kuehn Court. He referred to a letter he directed to Chairman Arden Tews and distributed it to the Town Board and Administrator Vitas.

Mr. Pheifer continued to state that this portion of Kuehn Ct. is not going to be used as a road. It was discontinued when American Drive was reconstructed in 1974. Pheifer Brothers donated a portion for the "mutual benefit" of the Town of Menasha and Pheifer Brothers.

As you can see, the legal description of the Road is dedicated to Winnebago County and the Town of Menasha. After the 1994 construction, most of the "mutual benefit" was taken away from Pheifer Bros.

He called the Board's attention to the area between the railroad tracks and Burnette Street. You can see that a portion of road that Pheifer Bros. dedicated was eliminated and Kuehn Court lost access to Hwy. 150 and Hwy. 41. There was a correction made in the deed, and we re-dedicated land in 1994.

I had a meeting with George Dearborn and Bob Vitas requested that they review the plans for terminating American Drive which is now called Kuehn Court and advise Pheifer Bros. regarding the Town's decision.

We feel we were greatly inconvenienced by having American Drive terminiated because it took away the access to Hwy. 41 and Hwy. 150. I want to let the Town Board know that as long as the Town is not using the road, we feel it would be a fair trade to donate the road back to Pheifer Bros. I feel that we are entitled to it.

I know that the Town Board has done things in the past that are unusual. I'd like them to do this for Pheifer Brothers Construction.

Vice Chairman Sprague asked Attorney Claypool if this request could be granted by the Town Board. What would be the legal issues here?

Attorney Claypool stated that we should put it on the agenda as a discussion item for the next Town Board meeting. We will see whether the other half of this street vacation is required to go to the Department of Transportation.

Administrator Vitas stated that he would advise the Department of Transportation to allow them time to respond to this situation.

Mr. Pheifer also requested an "exit sign" on Hwy. 41 indicating directions to American Drive. His final comment was; "If the State could take this from Pheifer Brothers for the "mutual benefit", then the Town should be able to give it back to Pheifer Brothers for mutual benefit. The benefit being that it will enhance Lot 2 so that it will be of some use although there will be easements on it.

  1. DISCUSSION ITEMS

  1. OLD BUSINESS

  1. NEW BUSINESS

A. 000124-1: Rezoning-Town of Menasha (008-0172)

George Dearborn explained the rezoning request which would change the zoning from P-1 to B-4. This item was reviewed by the Planning Commission, and staff recommended approval. This approval was justified, because the future land use map identifies this as mixed use.

The mixed use designation would allow B-4 zoning. The B-4 was designed to prevent adverse impact to adjacent properties and requires a case by case review by the Town Board and Planning Commission for any uses on this property. It may be office or any other similar type of uses. The Planning Commission and staff would look at the appropriateness of the property to be rezoned to B-4 and direct the Board to take action on it.

The second issue that was brought up was inadequate park land in this area. Mr. Dearborn reviewed the Park Department's Plan, which is tied to the Town's Comprehensive Plan. In the section of the "5 Year Plan" it states that there is a surplus of 24 acres through the year 2001. It does indicate that there is a need for park land between East Shady and Cold Spring Road. The area that we have identified is the property surrounding the Municipal Complex. Approximately 30 acres is intended for development and is identified in the park plan.

We are also anticipating an additional dedication of land on West American Drive. At least 15 acres will be dedicated as part of a new subdivision. If we include these additional 15 acres, we should now have a surplus of 65 acres of park land. We also have a substantial amount of trail dedication, which shows that we have an adequate amount of park land. Due to the compliance of the park plan, staff recommended approval.

Administrator Vitas reviewed the future land use map for the Town of Menasha. It is included in the current Comprehensive Plan. The current Plan was updated in 1996, and more revisions to the Plan were completed in April of 1999. The property that we requested is located East of CB and behind 4 homes located on the North side of E. Shady Lane.

Vice Chairman Sprague stated that he understood that some residents feel this issue was never discussed. It was discussed at the April 12, 1994 Annual Towns meeting, June 24, 1996 Regular Town Board meeting, July 8, 1996 Special Town Board meeting, and on April 14, 1998 at the Annual Towns meeting. Then, most recently, at the November 22, 1999 Regular Town Board meeting. It also was discussed at the Planning Commission meetings throughout 1998 / 1999. It was also discussed when we were building the Municipal Complex.

It was reviewed, and when there was a rezoning, a mailing notified everyone within 300 feet of the site. The Annual Towns meeting was advertised in the Post Crescent and the Bridge. Everyone is invited to these meetings.

Ronald Kelbert, 1355 Whippletree Lane stated that this rezoning effects more than just people 300 feet from the property. He would like to see a parking lot that will service the trail and future parks in this area. Mr. Kelbert asked if there was an urgency in selling the property at this time.

John Zaborsky, 1312 Whippletree Lane, asked if the property is sold, what would we ear mark the money for?

Vice Chairman Sprague mentioned that part of it would go for a new building for the Street and Park Department.

Administrator Vitas tried to answer Mr. Zaborsky's question. There were 2 resolutions adopted by the Town Board prior to todays meeting. There was a resolution adopted around June 24, 1996, and subsequent to that, July 8, 1996. At that time the Town Board decided that excess property, which is the property in question for tonights rezoning, 25 plus acres previously rezoned, that those 69 acres were to be disposed of. That started back in 1994, when this building was under design. There were public committees involved in siting the building. When they sited the building, they decided to site it in a location that was the least desirable in terms of saleability of the land. The reason behind that was no one was going to buy a gravel pit. We ended up building the Municipal Complex on the worst site, and left the better property for future sale purposes. The land itself then had a subsequent meeting, where it was recommended that the Town Board dispose of the land in a timely manner. In doing so, they would be looking at accomplishing two things with the land. At that point, there was no value estimates and they said the funds could be used 'two-fold'. One, to expand this facility in the future when the funds become available and to avoid putting any dollars on the tax levy. In other words, the mil rate increased because the debt service happened to go up for capital structures construction. The other alternative was to retire debt on this facility as the bonds matured, and became callable. Those funds would be used to prepay the debt and get it off debt service, meaning off of the general tax levy. Those were the first resolutions that were adopted. You asked if an addition on the original design of this building was originally planned? Absolutely. There was an approximate 25,000 square foot garage facility designed for the back of the building. It was never built, because there lacked sufficient funds to build that size building without causing a tax levy increase. The Town Board decided that portion of the building would not be constructed until there was a sale of Town land. The first sale that took place was to Winnebago County for the right of way on County Trunk CB. The County would have preferred that we dedicate it, but we insisted that they buy it. For obvious reasons, we wanted to make sure we had sufficient funds available to build on the current site and this facility. That appraisal of land occurred back in 1995. Later we had an interested party in buying the 25 acres just south of the quarry, which was rezoned about 2 years ago. We had an inquiry. The property was appraised, and the interested parties were purchasing it for more than the appraised value. The project was to have funding with the State but the project fell through. At that point, the Town Board decided to continue pursueing the sale of Town land. Advertisements were placed in the paper. Information packets were sent out in February 1999 to parties that had expressed an interest in buying the land over the prior several years. This fall, buyers came forward. There are (2) offers to purchase at this present time. Both offers exceed the actual appraised value.

John Zaborsky, 1312 Whippletree Lane. I am a member of the Park Commission, and believe the Park Commission would be thrilled to have this land. Mr. Zaborsky asked if the $25,000 will go towards building this garage. As a homeowner, he felt that this business park, would lower his property value. A residential community should not be putting a business park next to it, when we could have an actual break with the quarry. Put the business park north of the quarry and make residential around here.

Administrator Vitas responded that only a portion of this sale would go towards building this garage. The remaining balance goes into the Capital Reserve.

Vice Chairman Sprague, stated that when we were designing our 5 Year Plan, we had numerious meetings at all different locations in the Town. We asked people to come and provide their thoughts and input.

Chuck Kuehn, 1331 Orchard Court, addressed the Town Board and Administrator and thanked them for the job they were doing. He felt they were doing a good job. I guess I would also like to thank you for the use of the property where I walk my dog. In the last 6 months, his dog has become a certified search and rescue dog. This is the area where I've been training my dog. My kids would hide out in the trees and so forth. I think that's a nice area and would like to keep some green space out there. I've been here about 7 years and was opposed to where CB went through. It is a nice addition to the area, but we lost a lot of green space on this side of Town. That was important to us. My concern is there is a trend to reduce green space and I like the idea of soccer fields. I'm a soccer coach and think the idea of fields and ball parks by the Municipal Complex is a great idea. I would rather see that parcel be a park. I think it is a lot better use for this area. It would act as a cushion for the area residents from some of the business development which would go further north toward the airport.

Mike Lynch, 1274 E. Shady Lane, stated that when he moved to the Town of Menasha in 1974, one of the reasons was because it was so green and plush. In 1986, we moved from Oriole Court to E. Shady Lane because the area behind us was suppose to be a park. Now we see this green plush land disappear. We have a chance now to take these 66 acres and set it aside for a nature park. I attended those Comprehensive Plan meetings. There was a lot of dissention about what the Town was going to do, but it obviously went through anyway. I was at the Planning Commission meeting where they made a statement that they were on the verge of denying this rezoning. You can take that 66 acres, develop it and bring people into the area to shop at the stores at the commercial places that are going up or this could be a park that would be a showcase in this area. I do not feel a business park belongs next to a residential area.

John Ramich, 1965 Fox Burrow stated that we do have to put the businesses somewhere. If they are offering higher than what the land is worth, let's wait awhile. What's going to make the Town of Menasha community successful is building. It is not always easy to make a division between property owners and business. Mr. Ramich appreciated that there was an offer which was more than the appraisal. He disagreed that only residents within 300 feet were notified. I think people further away than 300 feet are effected. For traffic reasons, noise and sound reasons, people move here for specific reasons. We should ask ourselves, there are 100's of people, more than what's in this room, that will be effected by this decision.

Vice Chairman Sprague stated that the Town was not trying to hide anything. The Town even mentioned the sale of the land in the Bridge newsletter which everyone receives. I live in the same subdivision. When I moved out here, there were no houses past our residence either.

Kate Mc Quillen, 916 Jacobsen Road, stated that the land would be the safest as a park. The area around the Municipal Complex used as a park, would have safety issues with residents and children crossing CB. If this land is rezoned to a business park, people will be driving through. Keep residential areas closer to the park and have the business areas farther away.

Lisa Van Dyk, 1341 Martingale stated that she researched this area before they built. I asked the Town Staff what was planned for this land. We were not told. I don't want my little kids crossing County CB. Let's think about the safety of the children.

Victor Skaar, 1357 Martingale Lane, stated that he agreed with a lot of people here. I was transferred into the Appleton area and we researched this area before our closing in September. I'm here to tell you that others will not feel this way and want to move here. As they drive down CB, with the intersection with E. Shady Lane, they will see the business section. I also stopped into the offices and was told about the stores being developed along West American Drive, but never once was it mentioned that there could possibly be a business park across the street.

Hugh Richards, 1938 Fox Burrow, stated that he also researched the area for 6 months, moving from house to house until I selected this area. I moved here because there were lots of young kids around. If you are putting residential on the north side of this business park, it will be surrounded by homes. I fear this business park will devalue my home and others.

John Schaidler, 623 E. Shady Lane, stated that he has 40 acres of land adjoining this property. I appreciate the fact that you have all the records of the meetings that you have leading up to tonight. What you don't have, is when the Town first purchased this land many many years ago, at that time, the Town intended to create this as Tippler Park. The plan included baseball, tennis, bridle trails and a variety of things that were going to be incorporated in this park. We don't need anymore business parks in a residential environment. If this was going to be residential, there would be no place for the kids to go. On Irish Road, there is going to be a school, but there is no way to get there safely. We don't need any additional business parks.

Janet Lashbrook, 1216 Woodgate Lane, said that if this property gets rezoned, the traffic would make it unsafe for the children who are waiting for the school bus at the corner. Please consider their safety.

Donna Peloza, 1902 Olde Buggy, if our property values decline, can we file a class action suit against the Town of Menasha?

Gerald Sitor, 1847 Bridgeview Drive, asked if the Board is representing the residents, how would this rezoning improve the Town and benefit the residents when you have commercial properties like Kimberly-Clark and multiple family housing that generate revenue. Why is the Town so poor that we are looking for revenue? Loosing this property to a business park to pay for a maintenance garage does not seem to be in our best interests.

Norm Miller, 1284 E. Shady Lane, inquired about the extra expenses that fire and police protection would add to the budget. Please leave the property natural so the kids have a place to play.

Vice Chairman Sprague called for a 10 minute recess.

After the recess the Vice Chairman Sprague asked if there was anyone else who wanted to speak.

Tom Mc Gee, 1374 Whippletree Lane stated that he was opposed to this. He had concerns that the little park on Cold Spring Road only has 3 sets of swings, and no one can reach the park because there are no sidewalks. It's dangerous. The Town has mentioned the other parks designated on these plans. When are they scheduled for completion? If it takes 10 years to develop, the children in this area will be grown. I'd like to see open space for the kids to walk around.

Supervisor Jurgensen stated that he heard everyones comments tonight. He would also like to see support from the Town residents when we need to build a park and raise taxes to support the purchase of equipment.

Vice Chairman Sprague confirmed Supervisor Jurgensens remarks, that the Town Board has been trying to keep the tax levy down. There were some things we would like to do. We would like to add some additional trails, and make improvements to E. Shady Lane and Cold Spring Road to get to the parks and improving safety. These improvements would be of great expense to the Town. Our staff works very hard on getting grants. The CB trail was completed with the staff obtaining grant money.

Michael Barth, 1302 Whippletree Lane asked why the Town Board needs to delay. What information do you need to gather over 30 days that delaying a decision would change? The residents are here tonight, voicing their opinion. We have come here to let you hear what we have to say. What more information do you need to know that the Board cannot make a decision now?

The resolution was amended to read BE IT FURTHER RESOLVED Winnebago County is hereby requested to approve the delay on deny the Rezoning.

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the amended resolution and deny the rezoning as submitted. A roll call vote was taken. Krueger, Jurgensen, Nennig Vice Chairman Sprague - Yes. Motion carried unanimously, with Chairman Tews excused.

B. 000124-2: Budget Transfer - Police

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and hereby authorize the transfer from 52100-853 to 52100-813 an amount not to exceed $1,000 for the purchase of shot gun mounts and cases. Motion carried unanimously, with Chairman Tews excused.

C. 000124-3: Expenditures

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

VII. ORDINANCES

A. 991220-2:ORD Amending and recreating Chapter 14 of the Town of Menasha Municipal Code - Off Site Sign Regulation, 14.65(5)(b) and Chapter 14.65 (7) is hereby amended and recreated to read as follows: SECOND READING AND ADOPTION

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

B. 000124-2: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 Preceding 1999 and all Ordinances Adopted, Amended or Repealed to date. FIRST READING

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

VIII. RESIGNATIONS/APPOINTMENTS

A. 000124-1; Appoint Building Committee

MOTION: Supervisor Jurgensen, second Supervisor Krueger to refer this resolution indefinitely. Motion carried unanimously, with Chairman Tews excused.

B. 000124-2: Appoint Fire Fighter

The minutes note that there was a correction to the resolution Whereas, . . .to appoint Mark Hesselman to the position of paid-on-call fire fighter, effective January 25, 2000.

NOW THEREFORE BE IT RESOLVED, by th eTown of Menasha Board of Supervisors hereby approves the appointment of Mark Hesselman . . .

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt this resolution and appoint Mark Hesselman to the position of paid-on-call fire fighter effective January 25, 2000.

IX. APPROVAL OF MINUTES

  1. Special Town Board Meeting – 11/29/99

  2. Regular Town Board Meeting – 12/06/99

  3. Regular Town Board Meeting - 12/20/99

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

X. CORRESPONDENCE

  1. Park Commission Meeting Minutes – 11/10/99

  2. Municipal Court Report - 12/99

  3. Police Activity/Crime Statistic Report(s) - August, September October, November 1999

  4. Park Report 01/ 00

MOTION: Supervisor Jurgensen, second Supervisor Krueger to accept the correspondence for filing. Motion carried unanimously, with Chairman Tews excused.

XI. REPORTS

A. Town Administrator - None

B. Town Attorney - None

C. Town Clerk – None

D. Town Board

  1. Jeanne Krueger, Supervisor #1

    Supervisor Krueger stated that she had contacted the book mobile regarding the possibility of their providing service to the Town.

  2. Robert Sprague, Vice Chairman

    Supervisor Sprague suggested that Chapter One of the Town of Menasha Municipal Code be reviewed and amended to allow modifications to the present membership on the Planning Commission.

  3. Jerry Jurgensen, Supervisor #3

    Supervisor Jurgensen stated that there is a Town's Association Meeting on January 27th at 7:30 p.m.

    He stated that there is a real problem in the Town between our tax levy and the need of a building for our Street and Park Department. These elected representatives are trying to do what is best for the Town.

  4. Allen Nennig, Supervisor #4

  1. ANNOUNCEMENTS – Same as on Agenda

  2. ADJOURNMENT

Respectfully submitted, Carlene L. Sprague Town Clerk

 ATTENDANCE LIST:

John Zaborsky Wally Prahl Juanita Prahl

Susan Phillips John Wheeler Bob Pheifer

Todd Engleman Janet Mulvey Larry Mulvey

Darlene Malueg Kate McQuillan Patrick Seubert

Doug Hesser Chuck Gosz David Hughes John Ramich Tom Fahrenkrug

Janet Lashbrook Guy Gruett Tom Mc Gee Mike Van Eyke Will Bascom

Delores Lynch Michael Lynch Diane Metzig-Schmidt M. Wruek

J. Wruek Jame Brooks Kevin Gehrt Tom Ricks Victoria Ricks

Bill Schettle Ali Holtz Mike Holtz Cindy Phillips David Puser

Ron Reshel Scott Thomson John Schaidler Barbara Ulmer Larry Ulmer

Kim Benson Theresa Mangin Dawn O'Dell Jerry O'Dell Greg Seeke

Lori Seeke Michael Barth Cheryl Barth Norman Miller Diane Miller

Robert Kneepkens Chuck Keuhn Carrie Seubert Donnie Peloza

Jerry Sitor Victor Skaar Ronald Kelbert Dianne Gehrt Dan Barr