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February 9, 2009 Public Hearing and Monthly Meeting
TOWN OF FOND DU LAC
FOND DU LAC COUNTY
PUBLIC HEARING
FEBRUARY 9, 2009
7:00 PM
The Public Hearing concerning the request to rezone property along
County Highway K was called to order by Chairman Harold Manske. He
noted that the rezoning was initiated at the request of Commonwealth
Development in order to sell off the homes and develop some of the
property formerly owned by the Becker family. The Clerk read the
highlights of the Planning Commission Meeting. Highlights included
the need to save the farm land, the large farm in the area, and the
possibility of land locking some property. The vote at the Planning
Hearing was 2 aye and 2 nay to deny the rezoning request, and 2 aye
and 2 nay to table the request for more information.
Charles Burkholder and Noreen Immel’s daughter requested that the
rezoning be denied. There being no more comments, motion was made and
seconded to adjourn to the Monthly Meeting. Motion carried.
MONTHLY MEETING
The Monthly Meeting was called to order by Chairman Harold Manske.
Present were Chairman Manske, Supervisors Phyllis Giese and LeRoy
Schmitz, Clerk Patti Supple, Treasurer Jody Roffers, Attorney John St.
Peter and various Town residents. Confirmation was made of open
meeting notice. Minutes from the previous meeting were approved as
presented.
Jerry Keenan noted that he had requested information on the “other
tax” listed on his tax bill. He contacted the State, and was told
that a description of the tax must be used. Clerk Supple will check
with the County and have the description changed for next year.
Attorney St. Peter remarked that the Town Board was very lenient on
allowing Town residents to comment on agenda items. In the case of
the Kaempfer presentation on the water tower, however, he asks that
comments or questions be held until after the presentation.
Chairman Manske noted that in a call from Gary Boyke concerning the
rezoning on County K, Mr. Boyke expressed that while he didn’t mind
the rezoning, he wanted buyers notified of farming in the area. He
also noted that while the Board would consider the Planning
recommendations, the Board had the final say as to rezone or table.
Supervisor Schmitz recommended the matter be returned to the Planning
Commission for further review. Supervisor Giese concurred. Chairman
Manske noted that the sale of the houses on the property might be
contingent on rezoning. Motion was made and seconded to table the
matter and return it to the Planning Commission for further options.
Motion carried.
Amendment #3 for added transmission lines due to the change in
location of the water tower was reviewed. This would include the
design, bid and overseeing the construction of the lines. While the
cost is part of the contingency fund, it is not part of the original
contract. It also includes the design feasibility. This amendment
ties in with Contract Revision #5 which includes the site acquisition,
soil borings, archeological findings, wet land questions, and FAA
acceptability. The review of site #8 by the FAA would be
discontinued. After review, motion was made and seconded to approve
Amendment #3 for engineering services. Motion carried. Motion was
also made and seconded to approve Contract Revision #5. Motion
carried.
Chairman Manske asked how the wetland issue would be addressed for the
tower site. Chris Kaempfer noted that the base would be made deeper
and sides flared to hold the tower. Commissioner Giese noted that the
function would be the same, but the cost would increase. Commissioner
Schmitz noted that with the change in site, there are subdivisions in
the area that could be serviced. Mr. Kaempfer noted that the new site
is actually a better location for future service.
Status report #10 was presented. Highlights include the need to
direct water to the waterway in case of tank overflow, fill needed for
the site, and rebiding for the tower. The option of using a used
tower was discussed. Cost could be less, but length of service could
also be lessened. A new tower would ultimately be more cost
effective.
No conclusion has been reached concerning the fire protection fee. It
will need to be discussed with the Village of North Fond du Lac, and
further discussed at a Town workshop meeting.
Kaempfer & Associates will now go ahead with final figures for special
assessment fees. They will make a schedule, get final hookup numbers
from property owners, and plan a Public Hearing.
Public comments were allowed:
Mr. Chadwick asked whether all the permits were submitted and approved
before the project was allowed to move forward. Chris Kaempfer stated
that only FAA approval was not received. Mr. Chadwick then asked how
a project could move forward when all phases of the project were not
in place and a water tower site approved. Mr. Kaempfer stated that
final approval is not required for the project to move forward. Mr.
Chadwick stated that now the project will cost more since the site has
to be changed. Mr. Kaempfer stated that the original site was “an in
between” site and allowed for the transmission lines to be started.
The original site was rejected by the FAA and the approved site was
then taken. Mr. Chadwick asked for costs. Mr. Kaempfer stated that
the cost is @ $2.1 million for an additional cost of @ $736,900.00.
Mr. Chadwick stated that “the ball was dropped”, and the added cost
was unnecessary. Mr. Kaempfer stated that the first site was chosen
to hopefully save costs. Unfortunately, the FAA would not approve
that site and the alternative site had to be taken. He stated he felt
it was better to start with the cheaper site, but that the new site
might cost more, but could also potentially serve more properties.
Attorney St. Peter added that there were no contracts and therefore no
liability due to the change in sites. Mr. Chadwick stated that the
next project should have all the plans and permits in place before
proceeding. It was noted that in order to apply for the low interest
DNR rates, the plans had to be submitted to meet deadlines. The
County had approved the initial site, so it was decided to submit the
paperwork on the original site in order to meet the DNR deadlines. If
the Town had waited for FAA approval, the DNR deadline would have been
missed. It was noted that the Airport rejected the site because it
did not want to lose its instrument navigation. Due to the fact that
after a year, the FAA still has not made a final decision on the site
and that the Town needs to move forward, the water tower site was
changed to the approved site. Chuck Schob asked what the zoning
limits are for the airport. Mr. Kaempfer noted that there is a three
mile range around the airport with a 20,000 foot height jurisdiction.
Mr. Schob then noted that the City had a tall tower in the same area
and got approval for that. It was determined that the City tower is
not in the flight plane. Tony Koenigs asked whether there will be a
loop in the system for Townline Road. Chairman Manske stated this
might be feasible in the future. Chris Kaempfer noted that the entire
cost of the project is still below the estimate from two years ago,
even with the added tower cost. Mr. Wagner asked whether water
service would be provided to established subdivisions. Water will not
be extended to established subdivisions with houses already built
unless it is needed in the future. The question of onsite Town
inspectors was addressed with the acknowledgement that a Town
inspector is on site. The pipe that broke on directional drilling is
the contractor’s responsibility to fix. Fire Chief Craig Sanborn
asked whether fire flow would be better. It will. Bob Streblow asked
whether those subdivisions without houses would have wells drilled, or
would hook up to the water utility. They would have to hook up. Tony
Koenigs noted as did Chris Kaempfer that water coming from two
direction, creating a loop, would provide better fire protection flow
and industrial flow capabilities.
The Clary/Mathweg fence line dispute was reviewed. Attorney St. Peter
noted that the Town should not get involved in a private dispute. A
judge has already ruled and dismissed the action, so the Town should
not get involved. Motion was made and seconded to decline to convene
the fence committee. Motion carried.
The Esterbrook Estates Addition 1 sanitary district payments were
reviewed. The Town, after discussion, determined that in the best
interest of the Town, phases two and three of the sanitary lines would
be constructed by SD#3. The present payments by Mr. Mathweg, owed to
SD#3 should be paid as follows: $1500.00 escrowed into an account a
the sale of each lot, and before phases two and three could be
constructed, full payment of monies owed the district. In addition,
payment in full when a percentage (to be determined) of the lots are
sold. Action was tabled for more input.
Application for Federal Assistance (stimulus payment) will be applied
for. Dave Wagner will be doing the paperwork. Motion was made and
seconded to apply for the assistance. Motion carried.
Chairman Manske will be attending the MPO and ECRP meetings.
Supervisor Schmitz attended the Agriculture meeting at the Holiday
Inn.
There are no Planning Commission or Board of Appeals hearings
scheduled. No annexations. No Certified Survey Maps.
The Bridge reviews have been completed. The billing for Reinhardt
Road Bridge has been corrected. TIF funding for Esterbrook Road has
been approved to redo from Brown Road to Highway 151, the area from
Brown to CTH T repair monies have been set aside.
Motion was made and seconded to approve the following operators
licenses: Lisa Kunschke from Aldi’s and Alex Hochrein from East Shore
Mini Mart. Motion carried.
Motion was made and seconded to approve the following provisional
operators license: Dana Lueloff from Top Stick Bar. Motion carried.
The next SD #3 meeting is scheduled for February 19, 2009 at 5:00 pm.
The SD #6 settlement by landowners has been approved.
The next election is February 17, 2009 and the public test will be
February 12, 2009 at 9:00 am.
It was noted the Hickory Road detour signs are still in place even
thought the road is open.
FINANCIAL REPORT: January 2009
General Account: Received $512,280.89
Orders: 485,490.78
Balance: 57,434.47
Money Market: $2078.68
CD: $200,000.00
Road, Bridge, Culvert & Eq.: $1659.94
CD: $591,762.82
Park: $19,002.80
Recycling: $1.00
Motion was made and seconded to approve the Financial Report. Motion
carried.
PAYMENT OF BILLS:
Bills: $64,473.67 Wages: $11,634.04
Motion was made and seconded to approve the Payment of Bills. Motion
carried.
Motion was made and seconded to adjourn. Motion carried.
Submitted by Patti Supple, Town Clerk
Archive of Past Meeting Minutes