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November 16, 2009 Regular Monthly Meeting
TOWN OF NEW DENMARK
MINUTES FROM MONTHLY MEETING
NOVEMBER 16, 2009
The regular monthly meeting for the Town of New Denmark was called to order on Monday, November 16, 2009 at 7:00 p.m. by Chairman Bill Krueger. After the Pledge of Allegiance a motion was made by Sup. Goetsch to approve the Minutes as read with revision to clarify which supervisor made and seconded motion to adjourn. Seconded by Sup. Rabas. MC
MINUTES FROM SPECIAL MEETINGS: Minutes from a special Town Bd meeting on October 19, 2009. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC. Minutes from a special Town Bd meeting on October 26, 2009. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC.
TREASURER’S REPORT: The Treasurer’s books show a balance on hand of $601,226.80 in the money market and $41,597.77 in checking for a total available balance of $642,824.57. Motion made by Sup. Rabas and seconded by Sup. Goetsch to accept report. MC
COMMENTS and CONCERNS FOR THE PUBLIC: Joe Kobes of 5969 S. Cty T states the Town needs to move Petersen Lane because it cuts through private property and should be relocated around the buildings. Present location is a danger to the children. Sup. Rabas states Brown Cty reviewed and advised 35 mph speed limit was adequate. Residents could fence in property. Mr. Kobes states he feels the Town would be liable if someone was hurt or killed and it is time to change the location. Linda Feller inquires if a snow fence could be put up on Hope Lane. Uncertain if Town has fences available to them, but will check into it. Kathy Janssen of 6333 Rosecrans Road as a member of the Plan Commission she would request the Bd make a motion to fix the zoning ordinances as they are out of date. Last revised 25 years ago and they need to conform to the Smart Growth Plan. Sup. Rabas states a meeting is scheduled for December 8th to discuss revisions. Motion to be made when Bd moves to New Business. Steve Zeitler of 7410 Hidden Valley Road states Petersen Lane could be moved and the Town could include a contingency to recoup some of the expense of the road improvements should future development occur. The dedication already exists and he has seen a large 8 wheeled vehicle take that turn and it presents a dangerous situation. Chairman Krueger states the comments will be considered. Christina Liddicoat of 4928 Blahnik Road states she would like to seek clarification of a letter as to the variance that was granted on a parcel located on Fenwick Lane and whether adjoining land could be purchased and attached to the existing parcel without changing the buildability of that lot. The matter is on the Agenda and will be addressed under New Business. Ana Abts of 4840 County Rd NN states in regard to Holy Trinity property she would like to see limitation imposed as to what type of business would be permitted. Things can be changed over time and she would prefer to see access to the cemetery from Cty Hwy R vs. Stagecoach. A new culvert and driveway could be installed south of the existing entrance. You can move a driveway, but not a cemetery.
OLD BUSINESS: Request to rezone ND-650 from AG to AG-R (D. Krahn): Ltr from Clerk to Town Board reviewed with enclosures. Minutes reviewed from past Plan Commission meetings and public hearing. Motion by Sup. Rabas to deny per Plan Commission recommendation, not consistent with the Smart Growth Plan, soil limitations for this site are not suitable for a home, setbacks from navigable stream not appropriate and the applicant has not provided support for future employment on the farm. While Sup. Goetsch does not agree with all the reasons stated by Sup. Rabas, he seconds the motion pursuant to the Smart Growth Plan and per the Plan Commission recommendation. MC
NEW BUSINESS
APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS: Application from Joyce VanderKinter to construct an 8x11 shed located at 4864 Cty Hwy R. Motion by Sup. Goetsch and seconded by Sup. Rabas to send back to applicant for a drawing as to setbacks from lot line. MC
ASSESSOR’S REPORT: Gary Taicher reports he will be attending fall assessing school for 2010. Also, NWTC is hosting a Town Hall meeting on December 9th from 1:30 to 3:00 to discuss the WI Dept of Revenue’s proposal to modernize property assessments and move authority to the County level to make the process more fair and efficient. Gary’s opinion is the Dept of Revenue is in a financial crunch and by spreading out the State assessors to the County level; their salaries would be paid for by the municipalities and County. Believes some late filings and problems may exist with local assessors in the northern and western counties, but not locally.
ELECTION DAY SUPPORT AGREEMENT w/ CITY OF GREEN BAY: Memorandum of Agreement read by Clerk. Motion by Sup. Rabas and seconded by Sup. Goetsch to approve Agreement with City of Green Bay for maintenance to the Eagle. MC
REQUEST TO REZONE ND-756-1 FROM AG to B-1 (K&L Associates): Board has received letter from Clerk with Minutes of October 20, 2009 Plan Commission mtg, revised Zoning Application with metes and bounds description, Voting Sheet Recommendations from Plan Commission and public hearing regarding request held prior to tonight’s Bd meeting. Motion by Sup. Goetsch to approve B-1 zoning change for Lot 2 (digester) to allow for 100 ft of road frontage. Motion by Sup. Goetsch to suspend rules of meeting to allow for public comment. Steve Zeitler states the notes attached to the application specifically set forth the legal description of what is being rezoned. Lot 3 added the frontage. Sup. Goetsch clarifies motion to accept Lot 3 of the CSM to be zoned B-1, Lot 1 (the farm) remains Ag and Lots 2 and 3 to be zoned B-1 subject to the owner applying for a conditional use permit for the organic digester. Seconded by Sup. Rabas. MC. Motion to suspend rules and allow comment from Jim Crawford. Anaerobic/Aerobic digester would be proper phrasing.
CSM – K & L ASSOCIATES (ND -756-1): Motion by Sup. Goetsch and seconded by Sup. Rabas to accept the CSM for ND-756-1 creating a 3 lot parcel. MC
REQUEST TO AMEND ZONING ORDINANCE TO REFLECT DIGESTER WOULD FALL UNDER B-1 ZONING AS A CONDITIONAL USE: Resolution read to allow the zoning code be amended to reflect a digester would fall under conditional uses #25 under B-1 zoning. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution 2009-09. MC
RESOLUTION TO ADOPT ORDINANCE FOR A PLANNED UNIT DEVELOPMENT PARCEL (ND-176-2): Letter to Town Board and attachments reviewed. Minutes from Plan Commission meeting of 10/20/09 read by Chairman Krueger. Voting Recommendation sheets attached. Public Hrg Minutes from 10/26/09 reviewed. Plan Commission recommended 7-0 to oppose an ordinance for a PUD. Motion by Sup. Goetsch to suspend the rules to allow for public comment. None. Motion by Sup. Goetsch and seconded by Sup. Rabas to deny the ordinance for a PUD for parcel ND-176-2 pursuant to the recommendation of the Plan Commission, Smart Growth Plan and does not see a need to adopt a special ordinance to work around the Smart Growth Plan. MC.
REQUEST TO REZONE ND-97-2 FROM AG-R to B-1 (Prince of Peace Parish): Letter to Town Bd with relevant attachments reviewed. Plan Commission Minutes from 10/20/09. Plan Commission recommendation sheets, 7-0 to deny. Minutes from public hearing 10/26/09. Sup. Rabas questions if professional offices falls under B-1 zoning and would like to impose limitations as to type of business allowed. Atty. Sickel advises the Town cannot limit B-1 uses if they approve zoning change. Conditional uses are above and beyond the permitted usage and would require Bd to approval upon the application for a conditional use permit. Sup. Goetsch does not feel it is unheard of to see a business next to a cemetery. Motion to suspend the rules of the meeting to allow for public comment. Ken Miller states he spoke with Aaron Schuette and Brown Cty approves of the easement and it was not an issue from their standpoint. As to the type of business that may purchase the property: Professional insurance office, retail, banquet facility. Father Ron states he resides next to the property and has an interest in the type of business that would move into this property and if it were possible to limit type of business use with a conditional use permit, it maybe something that could be explored. Steve Zeitler states in regard to easements, the Town is the biggest user of easements. All roads are easements. Land owners own title to the center of the road, and an easement is an instrument to be used between two property owners to share access. Jim Crawford of 5670 Ronk Rd is curious why the Plan Commission recommended to deny the request. B-1 zoning provides guidelines as to type of uses. The septic system limits the size of business and the ordinances prohibit shady type of business uses. He would request the Bd move forward or refer back to Plan Commission with some sort of conditional use limitations. Sup. Goetsch feels they have the right to sell the property but the concern seems to be over the usage. Question poised to Atty. Sickel if Bd can rezone and still retain some control over the business use. Conditional uses cannot limit the 39 uses allowed under B-1. #34 allows for a tavern, but the Town would have discretion to issue the liquor license. Sup. Rabas does not want to see a blank approval. Sup. Goetsch believes they either allow business or don’t. Conditional uses are above and beyond that is permitted under B-1 zoning. Sup. Goetsch states it could be referred back to Plan Commission to amend the Zoning code and limit allowable uses. Tavern could be placed under a conditional use. Atty. Sickel advises that it then affects current taverns, zoning and use. Motion by Sup. Goetsch to accept B-1 zoning as he feels it was denied due to easement concern and lack of map. The building is best suited for business. Sup. Rabas does not second. Seconded by Chairman Krueger. 2 ayes, 1 opposed. MC.
RESOULTION IN SUPPORT OF CONTINUED SERVICES OF BROWN CTY PLANNING & LAND SERVICES DEPT: Resolution read by Clerk. Original Resolution proposed by the Town of Ledgeview to support Brown Cty Planning and relationship with local municipalities. Sup. Rabas would prefer to utilize Brown County vs. private land service provider. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution 2009-10 MC
OVERVIEW OF RITTER RESOLUTION: Attorney Alex Sickel reviewed information Clerk received on Ritter Resolution. Basically it is an agreement for all municipalities with emergency services to provide emergency back-up assistance during a catastrophic event or allows neighboring communities to jointly purchase equipment to utilize. The agreement mostly covers liability and replaces the mutual aid agreement. No direct affect on the Town since we contract out for emergency services. Motion by Sup. Goetsch and seconded by Sup. Rabas to table until December meeting. MC
ROAD & BRIDGE REPORT: Sup. Rabas spoke with Scott Const. about Pine Grove. Divots in the road were a Town problem, although no signs were posted by Scott to keep traffic/horses off fresh pavement. Sup. Rabas displays new fire numbers. Larger size: $19.30. Smaller version: $16.40. Option of galvanized posts $7.45 vs painted $5.50. Signs would be installed for $7.10 each. All signs to be updated by 2012 and the price is good until next year. Park Road and Steve Cheese bridges open. Sup. Rabas to contact Cty for invoices, so it can be paid by the end of the year. Chairman Krueger inquires about lines on Pine Grove. Sup. Rabas states Scott chipped sealed over them.
REVIEW & APPROVE SNOW PLOWING CONTRACTS FOR 2009/2010: Review total cost of County vs Bielinski from 2008/2009. Both service providers awarded same amount of miles. Most residents were happy with existing service provider, not too many complaints. Motion by Sup. Rabas to assign Bielinski the southern half of the town and County to plow the northern half. Seconded by Sup. Goetsch. MC. North Avenue is the dividing line.
OVERVIEW OF THE LAND USE & PLANNING SEMINAR: Sup. Rabas attended local seminar and states it is very important small municipality provide accurate numbers of acreage. New maps to be released in Sept. 2010 and change to take place in mid-2011. These changes are similar and will take the place of the Farmland Preservation Act. Land removed from exclusive Ag once in the program will be assessed an $840 penalty per acre. Tax credits to be applied. Sup. Rabas believes not much of a difference in credit/payments. They will start with farms over 1,000 acres and above. Sup. Goetsch states the program will be retroactive.
FENWICK LANE – POTTS PROPERTY (ND-62-1-2): Atty. Sickel states he received a letter from Clerk requesting clarification to parcels ND-62-1-2 and ND-62-1-1. Property originally rezoned for sons/family member and the zoning would remain with the property and would apply to any third-party. Variance that was approved allowing for less then the required frontage on Lot 2 also remains. Both lots still subject to standard setbacks, etc. Atty. Sickel discloses relationship with Ms. Liddicoat’s father and was unaware she was the “third-party” when reviewing the request. Ms. Liddicoat inquires if they purchase additional land and attach it to parcel 2 if that changes the buildability of the parcel even though the newly acquired land would be zoned AG. Sup. Rabas states one parcel cannot have two different zonings. A new CSM would need to be prepared and referred to Plan Commission to rezone that portion. Not acceptable to just attach.
CORRESPONDENCE: Information on ACT high wire transmissions and wetland preservation seminar.
PAYMENT OF BILLS: Motion by Sup. Rabas and seconded by Sup. Goetsch to pay bills. MC
Motion by Sup. Goetsch and seconded by Sup. Rabas to go into closed session. MC
CLOSED SESSION: Conference with legal counsel re: pending litigation in Brown County Case Nos. 09-CV-175 and 09-CV-174. Motion by Sup. Goetsch and seconded by Sup. Rabas to go into open session. MC
Motion by Sup. Rabas and seconded by Sup. Goetsch to adjourn at 10:20 p.m. MC
Prepared by:
Michelle Wallerius, Clerk
Approved: December 14, 2009
Archive:
July 20, 2010 Plan Commission Meeting Minutes
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes
April 12, 2010 Regular Monthly Meeting
March 30, 2010 Plan Commission - Zoning Updates
March 16, 2010 Plan Commission Mtg - Peterson & Zoning Code Updates