Approved February 12, 2001

 

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, January 22, 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.

 

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 6:30 p.m. and led the Pledge of Allegiance.

 

Clerk Sprague noted the roll as follows:

 

PRESENT:

Arden Tews, Town Chair                        Bob Sprague, Supervisor #2         

Jerry Jurgensen, Supervisor #3              Greg Curtis, Town Attorney

Russ Handevidt, Supervisor #4              Keith Kiesow, Fire Chief

Carlene Sprague, Town Clerk                 Carl Sutter, Town Engineer

Jeff Smith, Associate Planner                 Patrick DeGrave, Administrator

Myra Piergrossi, Dir. of Finance              William Weiss, Police Chief

George Dearborn, Dir. of Com. Dev.     

 

EXCUSED:

Jeanne Krueger, Supervisor #1

 

ALSO PRESENT:

Jane Bahr, Town Resident                                        Todd Engleman

William & Debra Smith, Residents                           Tom Gritton, Fire Department 

Wayne & Sue La Sage                                              William Ottow

Tim Vogel                                                                  Betty Zaborsky

Robert Francart                                                         Jim Krika, Town Resident

Jeff Ziolkowski                                                           Bob Drifka, Century Oaks

Kara Henschel                                                           Mike Lettier, Police Commission

Ryan Lettier

 

II.                 AWARDS/PRESENTATIONS – None

 

 

 

III.              PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS – None

Town Resident, Karen Kirk, requested that a referendum be placed on the ballot for the Spring of 2001 Election banning smoking in Town of Menasha parks.

 

Chairman Tews recommended she address this issue with the Park Commission.

 

Administrator DeGrave stated the criteria for a referendum will need to be researched and the Town Attorney, Greg Curtis, will get back to us to report back to the Town Board regarding this issue.

 

Town Resident, Joe Trudell complemented Administrator DeGrave on his article in the Post Crescent.

 

IV.     DISCUSSION ITEMS

A.                 Review Town’s Financial Counsel

Paul Patrie, First Vice President, Public Finance, representing Robert W. Baird & Co. made a presentation to the Town Board regarding services that his firm can provide for the Town.  (See attached).

 

B.                Pedestrian Trail over Little Lake Butte des Morts

Administrator DeGrave stated the Town Board has heard of the concept of putting a roof over this pedestrian trail.  The Convention & Business Bureau is encouraging us to submit a grant.  He asked for direction from the Town Board.  It was the consensus to direct Administrator DeGrave to explore the issue.

 

C.                2001 Urban Towns Association Membership Dues

Chairman Tews stated we are currently giving $2,000.00, and the cap is $3,000.00.  It was the consensus to get a Resolution for the next Town Board Meeting for $3,000.00.

 

V.      OLD BUSINESS

A.                 000424-1:  Conditional Use Permit – U. S. Oil, Inc. (008-0224)

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to approve as submitted the Town Conditional Use Permit for U. S. Oil, Inc., with conditions.  See attached backup. Motion carried unanimously with Supervisor Krueger excused.

           

VI.     NEW BUSINESS

A.                 010122-1: Expenditures

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

 

B.    010122-2: Ratify the Labor Agreement Between the Town of Menasha and the AFSCME Union

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the ratification of the Labor Agreement between the Town of Menasha and the AFSCME Union for a successor agreement as contained in January 12, 2001 letter (attached), rescinding resolution #010108-1:APPT unanimously adopted January 8, 2001 and reinstating the position of Asst. Assessor as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

C.        010122-3: Set FY 2001 Rates – Northern Winnebago Dial-a-Ride Elderly & Disabled Transportation Rates

MOTION: Supervisor Jurgensen, second Supervisor Sprague to adopt the resolution and approve the Intermunicipal Agreement between the City of Appleton, City of Neenah, and Town of Menasha for cost sharing of transit services for the elderly and disabled and the agreement between the City of Neenah, the Town of Menasha and Lamers Bus Lines as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

D.                010122-4:  Authorize Administrator to Attend National ICMA Convention

MOTION: Supervisor Sprague, second Supervisor Handevidt to adopt the resolution and approve the authorization of the Town Administrator to attend the national ICMA convention in Salt Lake City, Utah from Sept. 22nd to Sept. 26th, 2001 as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

E.                 010122-5: Authorize Deputy Police Chief to Attend CALEA Conference

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution and approve the authorization of Deputy Police Chief Rod McCants to attend the CALEA Accreditation training conference in Greensboro, North Carolina from March 21st to March 24th, 2001 as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

F.                 010122-6: Out of State Training for Chief Keith Kiesow

MOTION: Supervisor Sprague, second  Supervisor Jurgensen to adopt the resolution and approve the request for Fire Chief Keith Kiesow  to attend the National Fire Academy for a Volunteer Incentive Program training class  as submitted.  Motion carried unanimously with Supervisor Krueger excused

 

G.                010122-7: Out of State Training Request for Deputy Fire Chief Phillips

(Supervisor Handevidt)  Out-of-state travel has always been a gig item with us and I really question a need to send the Deputy Fire Chief out-of-state if she is already qualified to do the job she’s doing.  I have a problem sending an additional person and for two weeks.  There is a cost factor here.  Two weeks not on the job in addition to the $170-some dollars for meals.  It is one thing to send a department head and another thing to send someone below the department head status, so I do not see a need to send this person for two weeks.

 

(Chief Kiesow)  This has been previously approved prior to coming.  She filled out an application.  She is second in command when I am not here.  It is important for her to have the training so she can take over at any time in an upper management position.

 

(Chairman Tews)  This is also for meals only.  The rest is paid for by the Government.

 

(Supervisor Handevidt)  Except for two weeks off duty here.  To what point does the Town Board train people with further education and put the person in a status comparable to the Chief?  We may train her and she may go out and get a Fire Chief position some where else.  

 

(Chief Kiesow)  It’s quite possible she could move on, but it is important that she have the training in my absence.

 

MOTION: Supervisor Jurgensen, second  Supervisor Sprague to adopt the resolution and approve the request for Deputy Fire Chief Susan Phillips to attend the National Fire Academy for the Executive Fire Officer Program as submitted.  Motion carried (3-1) with Supervisor Sprague, Supervisor Jurgensen, and Chairman Tews voting yes, Supervisor Handevidt voting ney, and Supervisor Krueger excused.

 

H.                010122-8: Out of State Training Request for Captain Mike Cotter

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the training request for Captain Mike Cotter to attend the Fire Department Instructors Conference in Indianapolis, Indiana as submitted.  Motion carried (3-0) with Supervisor Sprague, Supervisor Jurgensen and Chairman Tews voting yes, Supervisor Handevidt abstaining, and Supervisor Krueger excused

 

I.                    010122-9: Out of State Training Request for Captain Tom Gritton

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the training request for Captain Tom Gritton to attend the Fire Department Instructors Conference in Indianapolis, Indiana as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

J.         010122-10: Authorize the Exploration of Creating a Storm Water Utility in and for the Town of Menasha

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve to authorize the exploration of creating a storm water drainage utility in and for the Town of Menasha as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

K.                010122-11:  Conditional Use Permit – Century Oaks Home, Inc.

Town Resident, Jeff Ziolkowski representing Century Oaks, presented plans for the facility to the Town Board.

 

Jeff Schmidt, Highland Park, stated the developer was not sure on the design or drainage.  Nothing was formally established.  He expressed concern.

 

Chairman Tews asked if residents would feel more comfortable if this comes back to the Town Board?

 

Wayne LaSage asked where the parking lots are suppose to be?

 

Jeff Ziolkowski – I don’t have measurements yet.

 

Town Resident, Wayne LaSage – This is a far cry from a single-family unit.  It is like a multi-family.

 

Supervisor Jurgensen – I live near a CBRF.  They are very quietly run.

 

Town Resident, Jane Bahr, asked if there is any way the parking lots can be in the front of the building?

 

Jeff Schmidt stated that he didn’t think that there was enough room.

 

Town Resident, William Smith, requested to get back to the agreement of residential building on his side of the road and commercial on the other.  He stated disagreement.

 

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Conditional Use Permit for Century Oaks as submitted.  Motion carried unanimously with Supervisor Krueger excused and the following conditions:

1.      Installation of a 10’ wide asphalt pedestrian trial along W. American Dr.

2.      An internal sidewalk connecting to this trail

3.      Submittal and approval by staff of a detailed site plan incorporating the following information:

a.      Drainage plan meeting all Town Requirements

b.      Landscape plan showing how the development will be screen from the adjacent single-family area

c.      Exterior façade detail that shows how the development will be made compatible with adjacent residentially zoned property

d.      Lighting plan that limits light to the development only by the use of full cut off fixtures

e.      Compliance with all other federal, state, and local requirements

4.      Highland Park Road neighbors meet with the applicants to discuss landscaping, screening, parking issues; and then bring back to the Landscaping Plan to the Planning Commission for review & approval.

 

L.         010122-12: Conditional Use Permit – McDonald’s Corporation (008-02131-04)

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to approve the resolution of the Conditional Use Permit for McDonalds Corporation. Motion carried unanimously with Supervisor Krueger excused and with the following conditions:

1.      Fences shall be identified if planned

2.      No outdoor lighting detail is shown. All outdoor lighting must conform to the requirements of this district

3.      Signs have been identified. The majority of signs are either direction signs or are attached to the building. The one on-site freestanding sign consists of a standard McDonalds identification sign and a reader board. These signs combined are less than the maximum allowed 100 sq. ft.  The design of this sign is a standard McDonalds format. The applicant is also proposing an offsite sign. This sign is not allowed except by special exception. Application will have to be made to the town and approval would have to be granted by the Planning commission and the Town Board. In addition, the B-5 zoning district requires approval of the placement and design of the sign.

4.      Parking is identified on the plan and meets the minimum requirements of this district. The parking area must be hard surfaced.

5.      No garages or storage buildings are identified on the site.

6.      No radio and television antennas are shown on the site plan. They must be in conformance with the requirements of the B-5 zoning district.

7.      No satellite dishes are shown on the plan. They must be in conformance with the requirements of the B-5 zoning district.

8.      An exterior representation of the proposed building is shown below. This proposed façade is a new design for McDonalds. Staff suggests that this design would be unique and compatible with the future uses. This zoning district does give the town full authority to specify the building design.

9.      No landscape plan has been submitted. A plan must be submitted prior to final approval of the plan.

10.  A 5-foot wide concrete sidewalk shall be constructed along W. American Dr. to provide a pedestrian flow. A connection to this sidewalk shall be provided to the site.

11.  The site plan must be revised to show future access to the south to the road that will be constructed on the adjacent property south of this development. In addition, access shall be provided between this development and the parcel bordering this parcel on the east.

12.  A detailed site plan review and drainage review shall be conducted by staff as required by town ordinance and approved prior to the issuance of building permits. This review shall include incorporation of all required general and basic regulations of the B-5 zoning district;

 

M.        010122-13: Rezoning – Timothy Halbrook (008-0514), (008-0519), (008-0516), (008-0521-01)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the rezoning request for Timothy Halbrook as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

N.                010122-14: Annual Alcohol Beverage License Renewal

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and grant the alcohol beverage license to Yee Thor for Lee’s Chinese & Vietnamese Restaurant for the period of January 22, 2001 through June 30, 2001 as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

O.        010122-15: Reduce Number of Election Officials-2/20/01 for Spring Primary Election

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the request of the Town Clerk to reduce the number of inspectors for each polling place from 7 to 3 for the upcoming Spring Primary on Tuesday, February 20, 2001 as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

P.         010122-16: Establish Polling Places for the 2/20/01 Spring Primary Election

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the polling places for the February 20, 2001 Primary Election as submitted. Motion carried unanimously with Supervisor Krueger excused.

 

VII.     ORDINANCES

A.        001218-1:POL Chapter 21 – Personnel Policy Change for Vacation from Anniversary Date to Calendar Year         THIRD READING & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the third reading and adoption of the policy change amending Chapter 21 of the Town of Menasha Personnel Manual, Sections B & C Vacation as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

B.        001218-2:ORD   Chapter 15 – Road Reconstruction and Assessment Policy

THIRD READING & ADOPTION

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to accept the third reading and adoption of the ordinance amending the Town of Menasha Municipal Code, Section 15.08 Special Assessments & Section 15.10 New Town Road Requirements as submitted.  Motion carried unanimously with Supervisor Krueger excused.

 

VIII.     RESIGNATIONS/APPOINTMENTS

 

IX.       APPROVAL OF MINUTES

A.                 Regular Town Board Meeting – January 8, 2001

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to rescind the minutes.  Motion carried (2-1) with Supervisor Jurgensen and Supervisor Handevidt voting yes, Supervisor Sprague voting no, Chairman Tews abstaining, and  Supervisor Krueger excused.

 

X.        CORRESPONDENCE

A.        Fire Department Monthly Report – December 2000

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

 

XI.       REPORTS

A.       Town Administrator - None

 

B.        Town Attorney None

 

C.        Town Clerk – None

 

D.        Town Board

1.     Jeanne Krueger, Supervisor #1 - Excused

2.     Robert Sprague, Supervisor #2 - None

3.     Jerry Jurgensen, Supervisor #3 - None

4.     Russ Handevidt, Supervisor #4 - None

 

E.        Town Chairman

Chairman Tews reported that he recently attended the Urban Town’s Workshop.

 

He directed staff to investigate what action can be taken in regard to the gypsy moth issue.  There is grant money from the DNR.

 

F.         Other Town Officials

George Dearborn, Director of Community Development – None

 

Myra Piergrossi, Director of Finance - None  

 

Keith Kiesow, Fire Chief - None

 

William Weiss, Police Chief – Chief Weiss informed the Town Board that the hiring of two new police officers was completed for the year 2001.

 

XII.             ANNOUNCEMENTS – Same as agenda.

 

XIII.           MOTIONS BY SUPERVISORS 

At 8:03 p.m., MOTION: Supervisor Sprague, second Supervisor Jurgensen to convene into closed session pursuant to 19.85(1)(g) of the Wisconsin State Statutes; 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.  Specifically, to discuss Bridgeview Gardens.  Motion carried unanimously with Supervisor Krueger excused.

 

At 8:34 p.m., MOTION:  Supervisor Sprague, second Supervisor Jurgensen to reconvene into open session pursuant to 19.85(2) of the Wisconsin State Statutes to act on any business discussed in closed session. Motion carried unanimously with Supervisor Krueger excused.

 

XIII. ADJOURNMENT

At 8:35 p.m., MOTION: Supervisor Sprague, second Supervisor Jurgensen to adjourn the Regular Meeting of the Town Board of Supervisors.  Motion carried unanimously with Supervisor Krueger excused.

 

Respectfully submitted,

 

 

 

Carlene L. Sprague

Town Clerk