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