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
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.
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
(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.
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:
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;
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
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
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