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Selected Meeting Minutes
Regular Monthly Meeting
Jan 11, 2010

JANUARY 11, 2010

The regular monthly meeting for the Town of New Denmark was called to order on Monday, January 11, 2010 at 7:00 p.m. by Chairman Bill Krueger. After the Pledge of Allegiance the Minutes from December’s regular monthly meeting were read and Sup. Rabas states Minutes should reflect Town Hall Road project should be referenced instead of Park Road project. A motion is made by Sup. Rabas and seconded by Sup. Goetsch to approve the Minutes with revision. MC

MINUTES FROM SPECIAL MEETINGS: Minutes from December 28, 2009 Special Town Bd meeting read. Sup. Goetsch states Minutes should read that clarification is being requested for both parcels A & B. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve with revision. MC

TREASURER’S REPORT: As of December 31, 2009, the Treasurer’s books show a balance on hand of $828,819.39 in the money market and $230,134.60 in checking for a total available balance of $1,058,953.99. Tax account has a remaining balance as of January 11, 2010 of $57,194.45. Motion made by Sup. Rabas and seconded by Sup. Goetsch to accept report. MC

COMMENTS and CONCERNS FOR THE PUBLIC: Dennis Peterson of 5640 Aspen Court presents a map for the Bd’s review as it pertains to the Informational Building Permit previously submitted. Orange represents existing homes, red is the proposed home site and green would represent proposed driveway. Easement would be required to access back lot. Sup. Rabas raises concern over shared driveway and would like to see driveway from Aspen Court in order to avoid potential conflicts when properties are sold. Sup. Rabas requests easement be finalized and recorded and Mr. Peterson provide specific distance from proposed driveway to an existing driveway before Bd approves.

OLD BUSINESS: Ritter Resolution: Atty. Sickel states the Town does not need to enter into this Resolution as the Town does not have their own service providers. Motion by Sup. Rabas to deny Resolution until such time as the Town would have their own service providers. Seconded by Sup. Goetsch. MC. Resolution/Cost Analysis for Abandonment of Town Roads/Private Drives: Chairman Krueger prepared a cost analysis from 2007/2008 as it relates to gravel/grading and snow removal. Gravel/grading for 2007 was approximately $4300 and for 2008 $5400. Est. cost of snow removal would be $15 per driveway with 15 snow falls = $7200 in a given season. Town receives app. $2,000 per mile for roads – which = $10,000 in revenue. The Town would spend app. $2,000 per yr for upgrades/maintenance. 4 yrs to recoup the legal fees. Chairman Krueger states snow removal may occur only once or twice a year if that on some of these roads and that expense is not accurately reflected. Sup. Rabas states if a culvert is needed the cost could exceed $8,000 in addition to future requests to improve or upgrade a road. Sup. Goetsch questions if a Town has to meet a minimum standard, as many of these roads are dirt lanes. Sup. Rabas states it is expected State funding will be reduced next year. Chairman Krueger believes it will be reduced $47 per mile. Sup. Rabas concerned about future need for improvement. Ltr from Atty. Wickert to Town Bd raising concern over possible abandonment of Joe’s Lane as it would land lock a parcel. Sup. Rabas states Wanek Lane could be improved to provide access to the parcel in question. Atty. Sickel would need to review each road to ensure parcels would not be land locked prior to taking action on a particular road. Each road would need to be carefully reviewed. Motion by Sup. Rabas to proceed with abandonment of listed town roads/private drives and to verify criteria for each road pursuant to the concerns raised in Atty. Wickert’s letter. Sup. Goetsch seconds motion. 2 ayes, 1 opposed. MC. Sup. Rabas to re-measure Joe’s Lane as his records reflect the road is 1267 ft.

APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS: Culvert permit from Marvin Kostka of 5561 Maribel Road. Sup. Rabas questions grade from edge of road. Bd conditionally approves permit with correction of grade when weather permits. MC Building Information Permit for Wade Berger to construct a 10x12 shed on 5200 Block of Hwy T. Sup. Rabas questions setbacks from lot line. Request to send back to Mr. Berger for setbacks.

ASSESSOR’S REPORT: Gary Taicher states he has received all building permits from 2009 and estimates improvements for the year total 2 million. As an update to the Dept of Revenue’s proposal to move all assessment to County level, they would propose to make the change in the next 5 yrs. This would result in no more equalized value and properties would be subject to revaluations almost every year with “in home” reviews every 5 years. Bd of Review would also be held at County level. Sup. Rabas states assessments would be divided according to fire district or school district.

CSM for S. KROLL (ND-493): New home constructed at 6344 Langes Corners Road. Request to parcel off 3.95 acres with home. ND-493 has a total of 39.689 acres. Motion by Sup. Rabas to deny per County’s position it would leave 35 acres for another home to be built and this does not conform to the Farmland Preservation Act. Sup. Goetsch states a home needs only 1.5 acres and he believes it would meet the current ordinances. Conversion fee would be required prior to approval. No second to Sup. Rabas’ motion. Motion does not carry. Motion by Sup. Goetsch to table until conversion fee is addressed. Second by Chairman Krueger. 2 ayes, 1 opposed. MC

REZONING REQUEST OF T. KELLNER FROM AG-1 TO AG-R TO CREATE A SEPARATE PARCEL FROM ND-713 FOR SALE OF HOME (6454 Rosecrans Rd): Ltr to Bd on 12/30/09 with Plan Commission Minutes and Recommendation voting sheets. Public hearing conducted on December 28, 2009. Motion by Sup. Rabas to accept rezoning request for parcel ND-713 pursuant to Plan Commission recommendation and Minutes. Seconded by Sup. Goetsch. MC. Sup. Rabas states per the Town ordinance all CSM should be referred to Plan Commission for review and consideration.

ROAD & BRIDGE REPORT: Sup. Rabas states notice of bids for Town Hall Road project will be published in January and should be submitted to the Clerk by February 8, 2010.

RESOLUTION TO OPPOSE DOR COUNTY ASSESSMENT PROPOSAL: Motion by Sup. Rabas and seconded by Sup. Goetsch to approve Resolution to oppose DOR County Assessment Proposal. MC Resolution #2010-01.

REQUEST FOR ROAD SIGN ON EASTWIND DRIVE: Atty. Sickel states per the statute all Town roads must have a road sign. The question is whether Eastwind Drive is a dedicated road and accepted by the Town. Eastwind Drive is not reflected on the Town map. Chairman Krueger reads the November 2003 Minutes as it pertains to Eastwind Drive. Discussion that CSM was signed but the Bd did not vote on accepting the road and Eastwind Drive was never on the Agenda. Even though CSM was signed, the Town did not adopt a resolution accepting Eastwind Drive. Atty. Sickel states if the Town maintained the road or provided improvements for a 10 yr period it would convert to a Town road. Sup. Rabas states he has been on the Town Bd since 2003 and no maintenance has been done. Atty. Sickel states the statute provides that a road shall become a legal highway upon acceptance and it does not appear that has occurred. Motion by Sup Goetsch to open for public comment. Seconded by Chairman Krueger. MC Wade Berger states the CSM was originally recorded with Brown Cty Land Services in 1992-1993. Lot 1 had inadequate setbacks and adjustments to the right-of-way were made. The dash line represents what was conveyed by Lot 2 owners to Town to straighten the road. Sup. Goetsch inquires what CSM is being referenced. Gloria Kane signed CSM on July 8, 2002. Brown Cty Planning signed in 2003 and it then CSM was revised. The Town files have been reviewed and a resolution cannot be located in the Minutes stating the Bd accepted this CSM. The dates on the CSM are inconsistent. Atty. Sickel states it not a question of whether it was recorded but whether the Town Bd accepted a Resolution accepting Eastwind Drive. A motion was not made to accept Eastwind Drive and it was never an agenda item. Susan Vakselis of 5228 County Hwy T states they purchased this property from Mr. Berger and they raised a concern over the cul-du-sac. The Offer to Purchase had an address of Eastwind Drive and when discussed with Mr. Berger and the realtor, they were advised the Town never accepted Eastwind Drive and their official address was Hwy T. Motion by Sup. Goetsch to bring meeting back into regular session. Second by Sup. Rabas. MC. Motion by Sup. Goetsch to deny request for sign as town has not accepted Eastwind Drive as a town road. Seconded by Sup. Rabas. MC

REQUEST FOR IMPROVEMENT AND MAINTENANCE OF EASTWIND DRIVE: Motion by Sup. Goetsch to deny request for improvement and maintenance of Eastwind Drive as there is no record Eastwind Drive was accepted by the Town and no maintenance has occurred. Seconded by Sup. Rabas. MC

DRIVE: The CSM filed with Brown Cty contains inconsistent dates. Atty. Sickel states Town could inquire of Brown Cty but the only information they would have is what was filed and recorded and their documents would contains the same inconsistencies. Motion by Sup. Goetsch and seconded by Sup. Rabas to table indefinitely. MC

CORRESPONDENCE: Atty. Sickel states depositions were taken of the Clerk and Norb Buresh on January 4th as it pertains to the Order to Raise Bruflat and Mischler properties. For judicial economy, both cases were consolidated into Branch II with Judge Warpinski and will be heard together. Final Pretrial set for March 4, 2010. Ltr from Maribel Grain for lock-in price for Diesel at $2.68. Gov’t projecting $2.80 a gallon. Motion by Sup. Goetsch and seconded by Sup. Rabas to purchase 607 gallons at $2.68 a gallon. MC Ltr from Bay Environment re: consulting services. To be placed on file.

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 adjourn at 9:00 p.m. MC

Prepared by: Michelle Wallerius, Clerk
Approved: February 8, 2010

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