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Town of New Denmark

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Selected Meeting Minutes
Regular Monthly Meeting for November
Nov 10, 2010

TOWN OF NEW DENMARK
MINUTES FROM MONTHLY MEETING
NOVEMBER 10, 2010

The regular monthly meeting for the Town of New Denmark was called to order on Wednesday, November 10, 2010 at 7:00 p.m. by Chairman Krueger. After the Pledge of Allegiance the Minutes from October’s regular monthly meeting were read. Motion by Sup. Rabas and seconded by Sup. Goetsch to approve as read. MC
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MINUTES FROM SPECIAL MEETINGS: Special meeting of the Town Bd on October 14, 2010. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve as read. MC

TREASURER’S REPORT: The Treasurer’s books show a balance on hand as of October 31, 2010 of $420,414.86 in the money market and $38,588.38 in checking. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept report. MC

COMMENTS and CONCERNS FOR THE PUBLIC: Wade Berger requests that due to pending litigation the Board consider tabling the vacation of Eastwind Drive until the Court issues a decision. Norbert Hansen states he would like to acknowledge our Town attorney and his work performed on behalf of the Town and his attendance at the meetings. He is worth every dollar spent for the service.

OLD BUSINESS: Contract with Veolia: Sup. Goetsch states no response from Veolia as to proposed changes. He will follow up and expects to have contract resolved by next month.

NEW BUSINESS
APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS: Monastery request for 5 ft 6” sidewalks from 6100 Pepper Road to 6307 County Rd KB through conservancy district. Conditional Use permit approved by Plan Commission and shoreland permit obtained from Brown Cty. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC K. Petersen of 5423 (ND-364) for a 50x80 steel pole shed. Motion by Sup. Rabas and seconded by Sup. Goetsch to approve with setbacks being approved by Norb Buresh. MC Lawrence Mancheski of Cooperstown Rd for 15” culvert. Sup. Rabas has reviewed. Motion by Sup. Rabas and seconded by Sup. Goetsch to approve permit. MC K&L Associates for roof over loading dock. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC NEW Organic for 20’x70’ harvester silo with two setback options. Motion by Sup. Rabas and seconded by Sup. Goetsch to approve with standards being met. MC K&L Associates for a million gallon filtration tank to be tabled until zoning resolved.

ASSESSOR’S REPORT: None.

ADOPT ANNUAL BUDGET FOR 2011: Chairman Krueger calls meeting of the electors and requests motion regarding proposed 2011 budget. Motion by Kent Petersen and seconded by Diane Lutz to accept proposed 2011 levy. MC. Return to regular business of the Board. Motion by Sup. Goetsch and seconded by Sup. Rabas to adopt the 2011 Budget as prescribed by electors. MC

REQUEST TO REZONE 12.44 acres (ND-756-1 & ND-756-2) FROM AG to B-1 (K&L): Sup. Goetsch requests zoning be clarified that AG-residential is the current zoning and not Ag-1. Bd has reviewed and received report of Plan Commission along with Minutes of that meeting. Motion by Sup. Goetsch to accept rezoning. Seconded by Rabas. MC Bd reviewed K&L Informational Building Permit request for water filtration tank. 3 tanks in 1. Sup. Rabas would like to see the tank covered. Mr. Larsen agrees and hopes to have it covered. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept. MC

REPORT OF BUILDING INSPECTOR & RESOLUTION TO RAZE BUILDING: ND- 18-1 (4706 CTH P): Building inspector not present. Atty. Sickel provides update on Mischler proposal as it relates to this parcel. Mr. Mischler is negotiating to purchase and raze ND-18-1 (4712 Cty Hwy P) property and make repairs to his property pursuant LeRoy’s report ($23,070), excluding repair to chimney to resolve the pending litigation. Sup. Rabas states roof would need to be brought up to code and this was not included in report. Atty. Sickel states he proposes to enter an agreement to stay proceedings until May 1, 2011 to accomplish these repairs. If he fails, the matter would proceed to trial. Motion by Sup. Goetsch to stay proceedings and allow Atty. Sickel to enter into agreement with Mr. Mischler pursuant to the terms and conditions proposed involving the Bruflat property. Seconded by Sup. Rabas. MC

PLAN COMMISSION RECOMMENDATIONS: Vacation of Neshota Lane, Koenig Lane, Bittner Lane, Larsen Road, Hettick, Eastwind Drive, Melnarik: Motion by Sup. Goetsch to hold on vacation of Alvin, Larsen Road, Eastwind, Joe’s Lane, Barta and Neshota and refer to Atty. Sickel for review and recommendation. Seconded by Sup. Rabas. MC Motion by Sup. Goetsch to proceed with resolution and vacation of Koenig, Bittner, Hettick and Melnarik. Seconded by Sup. Rabas. MC Notices to be published Nov. 29, Dec. 6 and Dec. 13 for all resolutions adopted tonight with a public hearing on December 27, 2010. All adjoining property owners will receive personal notice of the public hearing. Kent Petersen questions who is responsible for snow removal on private drive when split down the middle. Concern over liability. Atty. Sickel states property owners are responsible and it is not unusual to enter into a maintenance agreement to address this concern.

#2010-10 RESOLUTION TO VACATE BITTNER LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-10. MC.
#2010-11 RESOLUTION TO VACATE BRIES LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-11. MC.
#2010-12 RESOLUTION TO VACATE BUFKA LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-12. MC.
#2010-13 RESOLUTION TO VACATE DER HAFEN LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-13. MC.
#2010-14 RESOLUTION TO VACATE ECHO LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-14, MC.
#2010-15 RESOLUTION TO VACATE FAIRVIEW LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-15. MC.
#2010-16 RESOLUTION TO VACATE FRONTAGE ROAD E: Sup. Goetsch raises concern over parcel ND-353 and land locking the parcel. Sup. Goetsch makes a motion to table Resolution 2010-16, seconded by Sup. Rabas. MC
#2010-17 RESOLUTION TO VACATE GRANDVIEW LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-17 MC.
#2010-18 RESOLUTION TO VACATE HETTICK ROAD: Resolution read. Bd discusses concern about access to ND-732 if sold. Legal access would need to granted through easement. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-18. MC.

#2010-19 RESOLUTION TO VACATE HIGHLAND LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-19. MC.
#2010-20 RESOLUTION TO VACATE KOBES LANE: Resolution read, new map to be substituted. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-20. MC.
#2010-21 RESOLUTION TO VACATE KOENIG LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-21. MC.
#2010-22 RESOLUTION TO VACATE LAABS LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-22. MC.
#2010-23 RESOLUTION TO VACATE LACENSKI LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-23. MC.
#2010-24 RESOLUTION TO VACATE MAZNA LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-24. MC.
#2010-25 RESOLUTION TO VACATE MELNARIK LANE: Resolution read. Sup. Goetsch questions access to ND-510-1. Access afforded from Weber Road. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-25. MC.
#2010-26 RESOLUTION TO VACATE MICHIELS LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-26. MC.
#2010-27 RESOLUTION TO VACATE MLEZIVA LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-27. MC.
#2010-28 RESOLUTION TO VACATE O’LEARY LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-28 MC.
#2010-29 RESOLUTION TO VACATE RASMUSSEN LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-29. MC.
#2010-30 RESOLUTION TO VACATE SCHULTZ LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-30. MC.
#2010-31 RESOLUTION TO VACATE SELNER LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-31. MC.
#2010-32 RESOLUTION TO VACATE SWOBODA LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-32. MC.
#2010-33 RESOLUTION TO VACATE TILOT LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-33. MC.
#2010-34 RESOLUTION TO VACATE TIMM LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-34. MC.
#2010-35 RESOLUTION TO VACATE VIKING LANE: Resolution read. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Resolution No. 2010-35. MC.
#2010-36 RESOLUTION TO VACATE WINNEKENS LANE: Resolution read. Motion by Sup. Goetsch and seconded by Sup. Rabas to accept Resolution No. 2010-36. MC.

Motion by Sup. Goetsch to publish Notice to Vacate Resolutions 2010-10 through 2010-36 with the exception of Resolution 2010-16 – Frontage Road E. Seconded by Sup. Rabas. MC

UPDATE TOWN WEBSITE: Clerk states information received from Town Web Design about a one time upgrade to website to improve service and function. Motion by Sup. Goetsch and seconded by Sup. Rabas to proceed with upgrade. MC

UPDATE ON LEGAL ACTIONS: Atty. Sickel states the court has stayed pending actions in Br. I until resolution of current litigation is reached with W. Berger. Atty. Sickel has filed a motion opposing contempt action raised in 03-CV-893 as the action is being brought 7 years later and the parcel has been changed. Atty. Sickel recommends billing invoice for contempt action be referred to Rural Mutual for consideration of coverage and payment of legal fees.

ROAD & BRIDGE REPORT: Bielinski dug out ditch line and improved culvert along Ronk Road. M. Schlies to assist with drainage concerns by adding a ditch along Crawford and Schlies property lines. Sup. Rabas has obtained a proposed working lands map from Brown County. Chairman Krueger states D. Wery is requesting repair to culvert on Connor Lane.

UPCOMING MEETING DATES: Plan Commission Meeting for November 16th to be cancelled. No agenda items.

CORRESPONDENCE: Dawn Chervenka, Treasurer submits County agreement to collect taxes for 2010. Only 5 towns remain that have not signed over collection responsibility to the County or the Town will be billed $1 for each parcel collected at the Town level. Motion by Sup. Goetsch to allow Brown Cty to collect taxes for 2010. Seconded by Sup. Rabas. MC Schenck submits letter of intent for Annual Review. Motion by Sup. Goetsch and seconded by Sup. Rabas to proceed with Annual Review for 2010. MC LRIP reimbursement worksheet submitted to Board to seek funding. Clerk inquires if any reimbursement is requested from Bridge Fund for N. Town Hall project. Board states not needed as expenses have been covered in Road Fund for 2010.

PAYMENT OF BILLS: Motion by Sup. Goetsch and seconded by Sup. Rabas to pay bills. Ltr to Advance to add markers along spill way and 2 inches of blacktop required in Spring prior to final payment.

Motion by Sup. Goetsch and seconded by Sup. Rabas to adjourn at 10:05 p.m. MC

Prepared by: Michelle Wallerius, Clerk
Approved: December 13, 2010



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