Village Board

AGENDA R PLACE: EGULAR BOARD MEETING Little Chute Village Hall DATE: Wednesday, March 6, 2019 TIME: 6:00 p.m. REGULAR ORDER OF BUSINESS A. Invocation B. Pledge of Allegiance to the Flag C. Roll call of Trustees D. Roll call of Officers and Department Heads E. Public Appearance for Items Not on the Agenda F. Approval of Minutes Minutes of the Regular Board Meeting of February 20, 2019 G. Presentation—Citizen Awards H. Action—Approve Transfer of Liquor License for 300 Moasis Drive I. Department and Officers Progress Reports J. Discussion—Joint Library K. Action—Adopt Resolution No. 4, Series of 2019, A Resolution Authorizing the Amendment to Protective Covenants on Real Estate Located at 1275 Eisenhower Street owned by Kay James VI, LLC L. Disbursement List M. Call for Unfinished Business N. Items for Future Agendas O. Adjournment Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the Clerk’s Office at 108 West Main Street, (920) 423-3852, email: Laurie@littlechutewi.org Prepared: March 1, 2019  MINUTES OF THE REGULAR BOARD MEETING OF FEBRUARY 20, 2019 Call to Order: President Vanden Berg called the Regular Board Meeting to Order at 6:00 p.m. Pledge of Allegiance to the Flag President Vanden Berg led members in the reciting of the Pledge of Allegiance. Roll call of Trustees PRESENT: Michael Vanden Berg, President David Peterson, Trustee Bill Peerenboom, Trustee James Hietpas, Trustee John Elrick, Trustee Skip Smith, Trustee EXCUSED: Larry Van Lankvelt, Trustee Roll call of Officers and Department Heads PRESENT: James Fenlon, Village Administrator Lisa Remiker-DeWall, Finance Director Kent Taylor, Director of Public Works Adam Breest, Director of Parks, Recreation and Forestry Jim Moes, Community Development Director Chris Murawski, Village Engineer Dan Meister, FVMPD Police Chief Laurie Decker, Village Clerk EXCUSED: Tyler Claringbole, Village Attorney Steve Thiry, Library Director Public Appearance for Items Not on the Agenda None Other Informational Items—January Fire Monthly Report and January Report Approval of Minutes Minutes of the Regular Board Meeting of February 6, 2019 Moved by Trustee Smith, seconded by Trustee Peterson to Approve the Regular Board Minutes of February 6, 2019 Ayes 6, Nays 0 – Motion Carried Public Hearing—GLK Foods Moved by Trustee Elrick, seconded by Trustee Peterson to enter into Public Hearing Ayes 6, Nays 0 – Motion Carried Moved by Trustee Elrick, seconded by Trustee Peterson to exit Public Hearing Ayes 6, Nays 0 – Motion Carried Action—Adopt Resolution #3, Series 2019 - Final Resolution Regarding Industrial Development Revenue Bond Financing for GLK Foods, LLC Project Moved by Trustee Elrick, seconded by Trustee Smith to Adopt Resolution #3, Series 2019 - Final Resolution Regarding Industrial Development Revenue Bond Financing for GLK Foods, LLC Project Ayes 6, Nays 0 – Motion Carried  Roll Call: Trustee Elrick Aye Trustee Peerenboom Aye Trustee Hietpas Aye Trustee Peterson Aye Trustee Smith Aye President Vanden Berg Aye Ayes 6, Nays 0 – Motion Carried Action—Development Agreement with Peter Pickle Properties, LLC (GLK Foods - Oh Snap! Facility) Administrator Fenlon advised the Board that the site plan had been previously approved and is recommending Board approval of this Development Agreement as presented. Moved by Trustee Elrick, seconded by Trustee Smith to Approve the Development Agreement with Peter Pickle Properties, LLC (GLK Foods-Oh Snap! Facility) Ayes 6, Nays 0 – Motion Carried Discussion—Industrial Park Noise and Ordinance Related Matters Administrator Fenlon went over documents related to the noise concerns in the Industrial Park. Trustee Smith questioned if anyone else has heard the pitch that is in the complaints. Trustee Peterson stated he has not heard any unusual noises and lives very close; he also stated the numbers presented are acceptable levels. Administrator Fenlon said he has spoken to the safety manager and he stated he received a couple of concerns from neighbors on Buchanan Street. Trustee Smith reiterated it is a tough situation but if the company falls within the guidelines there is not much the Board can to. Mr. Smokke handed out information to the Board on various neighborhood complaints and feels that the noise is excessive and that Trilliant is in violation. Trustee Smith advised that he does know their process and they do have a filtering system in place; he suggested that the neighbors call and see if they can have a sit down with Trilliant. Discussion/Action—DPW/DPRF Work Rules Moved by Trustee Peerenboom, seconded by Trustee Peterson to move Item #O DPW/DPRF Work Rules right after Item #K Ayes 6, Nays 0 – Motion Carried Director Taylor submitted the changes that were made to the DPW/DPRF Work Rules. Trustee Peerenboom complimented Director Taylor regarding employee input and also for having little impact on the budget and is all for these changes. Moved by Trustee Peerenboom, seconded by Trustee Smith to Approve DPW/DPRF Work Rules Ayes 6, Nays 0 – Motion Carried Department and Officers Progress Reports Departments and Officers provided progress reports to the Board Operator License Approvals: Sampson, Caden Dwyers Little Chute Gansen, David Seth’s Coffee Appleton Billotte, Sylvia Walgreens Wrightstown Ticks, Alyssa Walgreens Kimberly Van Ryzin, Tia Gentleman Jacks Appleton Moved by Trustee Smith, seconded by Trustee Peterson to Approve Operator Licenses as presented Ayes 6, Nays 0 – Motion Carried Discussion—FVMPD Squad Car Purchase Chief Meister presented information on Fox Valley Metro Squad Car Purchases. He wanted to make the Board aware that there are lease options that would spread the payments out for three years and could save money and Fox Valley Metro would have the opportunity to lease two vehicles instead of an outright buy of one vehicle. Discussion/Action—Athletic Field Rental Rates Director Breest presented new rental rates for the Little Chute Athletic Fields. These rates would be more in line with area community rental rates. Moved by Trustee Smith, seconded by Trustee Peerenboom to Approve the Athletic Field Rental Rate Increase Ayes 6, Nays 0 – Motion Carried Action—Approve Fox River Boardwalk Intergovernmental Agreement Moved by Trustee Peerenboom, seconded by Trustee Peterson to Approve Fox River Boardwalk Intergovernmental Agreement Ayes 6, Nays 0 – Motion Carried Discussion—Industrial Park Parking Administrator Fenlon advised he has received complaints and there are problems with parking in the streets in the Industrial Park. Staff is recommending a Public Hearing be set for March 20th to set new rules on street parking in this area. Moved by Trustee Peerenboom, seconded by Trustee Smith to set a Public Hearing for March 20th Ayes 6, Nays 0 – Motion Carried Discussion—Evergreen Signage Administrator Fenlon is looking for staff and Board recommendations for signage on Evergreen Drive to note where certain address points are. There are numerous businesses that change hands and the confusion with the Appleton, Kaukauna, Little Chute mailing addresses. Discussion/Action—Intergovernmental Agreement with Town of Vandenbroek Regarding Evergreen Drive Moved by Trustee Peerenboom, seconded by Trustee Elrick to Approve the Intergovernmental Agreement with the Town of Vandenbroek Regarding Evergreen Drive Ayes 6, Nays 0 – Motion Carried Discussion/Action—Intergovernmental Agreement with Town of Vandenbroek Regarding Fire Protection Services Moved by Trustee Elrick, seconded by Trustee Smith to Approve the Intergovernmental Agreement with Town of Vandenbroek Regarding Fire Protection Services Ayes 6, Nays 0 – Motion Carried Disbursement List Moved by Trustee Peerenboom, seconded by Trustee Peterson Approve the Disbursement List and Authorize the Finance Director to pay all vendors Ayes 6, Nays 0 – Motion Carried Call for Unfinished Business None Items for Future Agendas Future Library Options Summer Camp 2020 Closed Session: a)19.85(1)(e) Wis. Stats. Deliberations or negotiations on the purchase of public properties, investing of public funds or conducting other specific public business when competitive or bargaining reasons require a closed session. Economic Development Proposals Moved by Trustee Peterson, seconded by Trustee Smith to enter into closed session Ayes 6, Nays 0 – Motion Carried Return to Open Session Moved by Trustee Peterson, seconded by Trustee Smith to exit closed session Ayes 6, Nays 0 – Motion Carried Adjournment Moved by Trustee Peterson, seconded by Trustee Smith to Adjourn the Regular Board Meeting at 8:26 p.m. Ayes 6, Nays 0 - Motion Carried VILLAGE OF LITTLE CHUTE By: ___________________________________ Attest: Michael R. Vanden Berg, Village President Laurie Decker, Village Clerk  VILLAGE OF LITTLE CHUTE RESOLUTION NO. 4, SERIES OF 2019 A RESOLUTION AUTHORIZING THE AMENDMENT TO PROTECTIVE COVENANTS ON REAL ESTATE LOCATED AT 1275 EISENHOWER STREET OWNED BY KAY JAMES VI, LLC. WHEREAS, Kay James VI, LLC has purchased from the Village property in 2016 in the amount of $100,000.00; and WHEREAS, Kay James VI, LLC and the Village wish to amend the 24 month protective covenant; and WHEREAS, the Village Board approves the attached AMENDMENT TO PROTECTIVE COVENANTS; and WHEREAS, the Village Board approves the attached EXHIBIT B; NOW, THEREFORE BE IT RESOLVED, by the Village Board of Trustees, Village of Little Chute, that the attached amendment agreement is hereby approved; and That the Village Clerk, and/or Village Administrator, and/or Village President are hereby authorized to execute and record at the Register of Deeds such document on behalf of the Village of Little Chute, Date introduced, approved and adopted: March 6, 2019 VILLAGE OF LITTLE CHUTE By: Michael R. Vanden Berg, Village President By: Laurie Decker, Village Clerk  AMENDMENT TO Document Number PROTECTIVE COVENANTS Title of Document The Village of Little Chute (Village) and Kay James VI, LLC hereby agree to this Amendment to the 24 month Protective Covenant. The Protective Covenant recorded against the property legally described on Exhibit B hereto, originally recorded April 18, 2016 as Document No. 2069853 with the Register of Deeds for Outagamie County is hereby amended only to the extent stated herein and all other Protective Covenants remain in full force and effect. The only amendment is the following: The 24 month time limit for constructing an industrial building on the property with a minimum of 10,000 square feet of ground floor as set forth in the original Covenants is changed from 24 months to 48 months after the closing date of April 15, 2016, and the Village may buy back the property at any time within eight (8) years from the closing date for $99,000, if the Recording Area building is not constructed for this transaction only. If for any reason this Amendment is determined to be invalid or unenforceable, the 24-month time Name and Return Address limit shall still apply, and the Village reserves, and is granted, the right to Charles D. Koehler buy back the property for eight (8) years after the closing date of 4/15/16. Herrling Clark Law Firm Ltd. 800 North Lynndale Drive The original Protective Covenants and this Amendment are binding on Kay Appleton, WI 54914 James VI, LLC and on all successors and assigns, and shall be permanent in duration and run with the land. Dated this _____ day of January, 2019. Part of 260127907 Parcel Identification Number (PIN) VILLAGE OF LITTLE CHUTE BY:_________________________________________ Michael Vanden Berg, President Subscribed and sworn to before me this _____ day of January, 2019. ______________________________ Notary Public, State of Wisconsin My commission expires __________ Dated this ______ day of January, 2019. KAY JAMES VI, LLC BY:_________________________________________ Alex Kowalski, Authorized Member Subscribed and sworn to before me this _____ day of January, 2019. ______________________________ Notary Public, State of Wisconsin My commission expires __________ This instrument drafted by: Charles D. Koehler HERRLING CLARK LAW FIRM LTD. 800 North Lynndale Drive Appleton, WI 54914 INFO-PRO (800)655-2021 www.infoproforms.com  EXHIBIT B Lot One (1), Certified Survey Map No. 7128, recorded in the Office of the Register of Deeds for Outagamie County on February 22, 2016 in Volume 42, Page 7128 as Document No. 2066143, being part of Lot 1, CSM 5580 in the Southwest 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin.