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April 13, 2009 Monthly Meeting
TOWN OF FOND DU LAC
FOND DU LAC COUNTY
PUBLIC HEARING
APRIL 13. 2009
7:00 PM
The Public Hearing was called to order by Chairman Harold Manske. The
Public Hearing was called at the request of Commonwealth Properties to
address the rezoning of their property on County K from Ag to RR
zoning.
Clerk Supple read the minutes from the April 8, 2009 Planning
Committee Meeting. The Planning Committee recommended approval of the
rezoning of the property contingent on a development agreement and
covenants which would address the issues of farming in the area and a
deed restriction limiting the division of the property to 6 lots.
Charles Burkholder objected to the rezoning and Gary Boyke expressed
concern over the impact to his farming operation. He would like
wording added to the covenants addressing the farming in the area, as
well as purchasers being made aware that they should contact him with
questions on the farming operation before contacting the DNR.
Chairman Manske noted that the Town of Fond du Lac does have a right
to farm ordinance.
Louie Lange, owner of the Commonwealth property, agreed to the deed
restrictions and was agreeable to making buyers aware of the nature of
the farming business.
There being no more discussion, motion was made and seconded to
adjourn to the Monthly Meeting. Motion carried.
MONTHLY MEETING
The Monthly Meeting was called to order by Chairman 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.
Tony Koenigs asked about a future road off Forest Avenue Road.
Chairman Manske reported that a “reverse frontage” road was planned
fromWrightway Drive to Esterbrook and from Wrightway to Forest Avenue
Road and from Esterbrook to Townline.
Todd Chadwick asked what high density zoning entailed. Chairman
Manske reported that high density zoning includes multi-family, single
and duplex housing. Attorney St. Peter added that the Town has four
types of residential zoning and that high density can mean more than 2
family housing. Mr. Chadwick then asked whether the area the
apartment complex was proposed was zoned for that use. Chairman
Manske reported that the property is correctly zoned.
Harold Schmitz stated that several years ago, at a meeting at the
County garage, an access to the frontage road was proposed along the
west side of the airport. Chairman Manske noted that with the “clear
zone’ required by the airport, this road access might have been
denied. He added the aeronautical board dictates to the DOT. Mr.
Schmitz also added that he doesn’t want stop lights on Highway 23 and
that the safety of the Town residents should be the first priority.
Charles Crites asked why the FAA and the County would not reopen
Rogersville Road like was promised. Chairman Manske stated that
letters were sent to the various congresspeople that represent the
Town, but there was no satisfactory response. He added the DOT has
determined that not enough traffic travels the area in question, and
so nothing needs to be done at this time. Gary Boyke, a county
representative was encouraged to bring the matter before the County
Board for further input.
The Commonwealth property rezoning was discussed. Attorney St. Peter
recommended that the rezoning take place once the deed restrictions
were recorded. Chairman Manske asked about the access road. Mr.
Lange stated it would be a private road maintained by the land owners.
Supervisors Schmitz and Giese both expressed concern about the impact
to neighboring farmers. Fire Chief Craig Sanborn noted that even
though this would be a private road, minimum standards for fire
equipment access would be needed. Harold Schmitz expressed concern
over the loss of quality farmland. Debby Immel, representative for
Noreen Immel, reported that her mother does not want to be included in
the rezoning. Dan Gurath stated that farming is a 24 hour, 7 day a
week operation, and it would be a mistake to rezone the property.
Motion was made and seconded to rezone the Commonwealth property
contingent on the recording of the deed restriction, and the approved
covenants and development agreement limiting the property to 6 lots.
Motion carried. Don Schmitz noted that this could affect the future
expansion of the farms in the area. Attorney St. Peter stated that AG
51 protects the existing farmers.
An update on the water utility project was presented by Jeff Wolford
of Kaempfer & Associates. Mr. Wolford reported that the special
assessments are proceeding for the Brown Road transmission line
project. This involves 8 or 9 properties. Motion was made and
seconded to approve the special assessment procedures for the Brown
Road transmission line project. Motion carried.
Mr. Wolford needed some input in order to draft a special assessment
report for the project. He noted that he would need to know if some
properties were assessed during the last water project, what the
policy will be for properties that will not be hooked up to water but
with the hookup available, policy for properties with frontage on a
main road and a subdivision road, and corner lot deduction. Once the
report is completed, a copy will be sent to the Board for review.
Then a public hearing will be planned.
Status report #12 was presented.
Contract revision #6 was presented that addresses the increase in fees
for the services addressing the ditchwork for the tower site. Motion
was made and seconded to approve Contract revision #6 at a cost of
$10,000.00 for increased engineering services. Motion carried.
Contract revision #7 was presented. This is an increase of $5,500.00
for the application for the safe drinking water grant. Motion was
made and seconded to approve Contract revision #7. Motion carried.
It was noted that if the grant is not received, the Town is not bound
by the stimulus requirements.
Attorney St. Peter handed out the draft of the Town/Village water
agreement. This agreement should be reviewed and input forwarded to
Attorney St. Peter. Harold Schmitz noted that money should be set
aside for maintenance.
Fire Chief Sanborn has not been able to contact the contractor about
the moving of the fire service line, so the Mashuda CD return will be
addressed at the May meeting.
In the matter of Esterbrook Estates Add. 1, Chairman Manske and
Attorney St. Peter met with Tim Mathweg’s Attorney to review options.
The tentative agreement is Mr. Mathweg will pay interest for two
years, the base will be $9400.00, the Town will contract for phases 2
and 3 of the sewer lines which will be done at Town’s need and paid by
Mr. Mathweg on a B-Bond. Since Hometown Bank wants 100% of the sale of
lots in phase 1 until the loan is repaid, the Town will require that
once the loan is paid, 50% of the sale will be escrowed until the
final lot is sold, and then the Town loan will be paid in full.
Attorney St. Peter will draft the agreement for Board review.
Chairman Manske gave a report on “Are you sweeping?” for the
Stormwater Management update. He reminded residents that the Town
must be Stormwater Management requirements. One requirement is public
information. Additional pamphlets are available to read concerning
the need to clean up sidewalks and driveways once the lawn mowing is
done.
On April 22 at 10:00 am the FDL County Highway Committee will be
meeting to discuss the Pioneer Road project. The meeting will be held
at the Dixie Street garage. Chairman Manske recommended that a
representative of the Fire Department also attend the meeting.
Grants and low interest loans are available for residents impacted by
the 2008 floods.
No meetings are scheduled for the Board of Appeals. The Planning
Committee will be meeting to review the apartment update and the
Commonwealth development agreement and covenants.
TRIP money is available for the Esterbrook upgrade from Brown Road to
the cul-de-sac. The remainder of Esterbrook will be done once the
water lines are completed. Wildwood Lane and Garden Drive will be
done once the Highway 151 construction is completed. Willowlawn Road
is scheduled for the future. The detour signs along County D will be
covered. Supervisor Schmitz noted that some gravel is need on
Esterbrook Road by County D.
No CSM’s.
After review, motion was made and seconded to approve the operator’s
license for John Eggers of AJ’s. Motion carried.
After review, motion was made and seconded to approve the provisional
operator’s licenses for Jeff Marken, Wayne Sobotta and Sheila
Damsteegt of AJ’s. Motion carried.
Sanitary District #3 meeting is scheduled for April 16, 2009 at 4:30
pm. Sanitary District #6 meeting will be scheduled.
Supervisor Giese noted that the newsletter was well done.
FINANCIAL REPORT: March 2009
General Accounts: Received: $235,752.43
Orders: 543,206.01
Balance: $25,090.97
CD: $430,000.00
Money Market Account: $2079.15 closed and monies transferred to
General Account
Road, Bridge, Culvert & Eq.: $3750.15
CD: $535,000.00
Park: $18,990.28
Recycling: $1.00
Motion was made and seconded to approve the Financial Report. Motion
carried.
PAYMENT OF BILLS:
Bills: $39,747.48 Wages: $9787.08
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