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September 1, 2005

The regular village board meeting was called to order at 7:00 p.m. by President Hamm. Board members present: Bill Hamm, Don Dohrwardt, Chris Kunstmann, Bruce Laabs, Larry Palm, Joe Short, and Larry Waskiewicz. Also present: Allen Neumann, Jo Ann Wagner, Fire Chief Brian Schommer, Village Marshal Michael Davel, Del Weiss, Steve Bruskiewicz, Nancy Washburn, Jim Duerwaechter, and Mark Jaeger.

Consent Agenda

A MOTION was made by Dohrwardt, seconded by Short to separate the operator license approvals from the consent agenda. Short stated that he also wanted to separate the minutes from the consent agenda. Dohrwardt amended his motion to handle each item on the consent agenda individually. This was agreed to by Short. Motion carried.

Approve Minutes

The minutes from the August 11, 2005 village board meeting were reviewed. Short questioned page three of the minutes, first paragraph, if Kunstmann was opposed to the motion to send the land division on North Milwaukee Street back to the Plan Commission with a request for a preliminary plat to be submitted with multi-family zoning on Martin Drive and two-family zoning on North Milwaukee Street. Short thought it would have been Laabs opposed to the motion. The minutes will be revised to show that Laabs was opposed to the motion instead of Kunstmann. After further discussion, and the explanation that a second is not needed for a motion if discussion follows on the motion, the minutes as amended were approved on a MOTION by Short, seconded by Dohrwardt, and carried.

Approve Payment of Bills

After discussion, the general fund, water and sewer bills, with the additional list presented, were approved for payment on a MOTION by Waskiewicz, seconded by Short, and carried.

Special Gathering Beer License

A MOTION was made by Short, seconded by Dohrwardt, to approve the special gathering beer license for September 10, 2005 for the Fredonia Fire Fighter and EMS Association. Motion carried with Kunstmann recusing himself.

Operator Licenses

A MOTION was made by Dohrwardt, seconded by Waskiewicz, to deny an operators license for Joshua Hoffman based on the recommendation of the village marshal. Motion carried.

A MOTION was made by Waskiewicz, seconded by Kunstmann, to approve an operators license for Danny Johns. Motion carried.

Old Business

Wisconsin Street property: The village attorney will be contacted by the village clerk to proceed as directed by the village board on the possibility of clean up of the property.

SOUTH MILWAUKEE STREET SIDEWALK: Neumann reported that no progress has been made on acquiring the right of way for the South Milwaukee Street sidewalk. He stated that negotiating for the right of way is very time consuming and he will not have the time for at least another couple of months.

MARTIN DRIVE RIGHT OF WAY: Neumann stated that the closing papers are ready to be signed for the Ware Investment property right of way purchase. Short questioned if we have the relocation order. Neumann stated that the exhibit is complete.

Land Division at 915 Martin Drive

The certified survey map dividing the property at 915 Martin Drive into two lots was approved at the last village board meeting contingent upon the accessory structure on Lot 2 being removed and the driveway for Lot 1, currently on Lot 2, being abandoned. Del Weiss explained that a driveway easement will be added to the warranty deed when Lot 2 is sold. He noted that the shed that is there is about the size of a one-car garage, has an overhead door and a dirt floor. The shed was there when the property was originally purchased. He requested that the shed be allowed to stay and that the land division be approved without the contingencies. A MOTION was made by Dohrwardt, seconded by Hamm, to reconsider the motion to approve the certified survey map for 915 Martin Drive. Motion carried. Short noted that a driveway needs to be three feet from the lot line and therefore the driveway could not be shared. An accessory structure is not permitted on a lot before a principal structure is built. A MOTION was made by Dohrwardt, seconded by Palm, to remove from the original motion "and the driveway for Lot 1, currently on Lot 2, being abandoned." Short again questioned if a driveway can go to the lot line. Waskiewicz commented that the letter from the owner states that the shed will be removed if need be. A vote was taken with Dohrwardt, Kunstmann, Hamm, and Palm voting aye, and Waskiewicz, Short, and Laabs voting nay. Motion carried. The CSM will be signed after the shed is removed from the property.

Preliminary Plat – Village Green

Bruskiewicz stated that the lot lines were shifted slightly to adjust the corner lots to the needed size. The corner lots proposed to be Rs-1 zoning are now 17,000 square feet. Hamm stated that the Plan Commission has recommended approval of the preliminary plat contingent upon North Milwaukee Street being a through street. A MOTION was made by Waskiewicz, seconded by Dohrwardt, to approve the preliminary plat for Village Green contingent upon North Milwaukee Street being a through street. It was clarified that North Milwaukee Street as a through street will be needed for final plat approval. Motion carried with Short opposed.

Rezoning for Village Green

The proposed zoning for the Village Green Subdivision is Rs-1 and Rs-2 single family, Rd-1 two family, Rm-1 multi family, and B-2 Business. A MOTION was made by Dohrwardt, seconded by Waskiewicz, to approve the rezoning as presented and detailed in Exhibits A through H. Motion carried.

Ordinance No. 2005-10 Rezoning Village Green

A MOTION was made by Waskiewicz, seconded by Kunstmann, to adopt Ordinance No. 2005-10 rezoning the Village Green Subdivision. It was then noted that the preliminary plat for Village Green, the rezoning of Village Green and Ordinance No. 2005-10 needed a motion to remove these items from the table. A MOTION was made by Hamm, seconded by Waskiewicz, to reconsider the motion approving the rezoning of Village Green, Motion carried. A MOTION was then made by Hamm, seconded by Waskiewicz to deny the rezoning of Village Green. Hamm then withdrew his motion.

A MOTION was made by Hamm, seconded by Dohrwardt, and carried to return to agenda item 6 – the preliminary plat approval for the Village Green Subdivision. A MOTION was made by Dohrwardt, seconded by Waskiewicz, and carried to reconsider the motion on the Village Green Subdivision preliminary plat approval. A MOTION was made by Waskiewicz, seconded by Dohrwardt, to remove from the table the preliminary plat approval for the Village Green Subdivision. Motion carried. A MOTION was made by Waskiewicz, seconded by Dohrwardt, to approve the preliminary plat for Village Green contingent upon North Milwaukee Street being a through street from the existing North Milwaukee Street to North Milwaukee Street within the Village Green Subdivision. Motion carried with Short opposed.

A MOTION was made by Waskiewicz, seconded by Kunstmann, to remove from the table the rezoning of the Village Green Subdivision. Motion carried. A MOTION was made by Waskiewicz, seconded by Kunstmann, to approve the rezoning of the Village Green Subdivision as requested and detailed in Exhibits A through H. Motion carried with Short opposed.

Waskiewicz rescinded his motion to approve Ordinance No. 2005-10. A MOTION was then made by Waskiewicz, seconded by Kunstmann, to remove Ordinance No. 2005-10 from the table. Motion carried. A MOTION was made by Dohrwardt, seconded by Waskiewicz, to adopt Ordinance No. 2005-10 rezoning the Village Green Subdivision to Rs-1 (single family), Rs-2 (single family), Rd-1 (two family), Rm-1 (multi-family) and B-2 (Commercial). Motion carried with Short opposed.

Report from Architectural Control Board

The Architectural Control Board approved a shed at 401 Wheeler Avenue and a new building for 627 Tower Drive. (Nancy Pirkey arrived).

Appoint Architectural Control Board Member

Hamm recommended the appointment of John Long to the Architectural Control Board to complete the term of Lawrence Nichols (who moved from the village) and the appointment of Damon Ward as an alternate member of the Architectural Control Board. The recommendations were approved on a MOTION by Dohrwardt, seconded by Palm, and carried unanimously.

Board of Appeals Meeting of August 16, 2005

The minutes were reviewed from the Board of Review meeting of August 16, 2005. A variance to allow less than the required 50% decorative masonry on the street side of the proposed building was granted for 627 Tower Drive by the Board of Appeals.

Parks Committee Meeting – August 22, 2005

The Parks Committee continues to work on the Celebrate Fredonia parade. Kunstmann stated that the Parks Committee recommended that $240 be used from the parade budget to purchase eight pairs of magnetic 11 x 17 inch signs, six pairs labeled Village Trustee, one pair labeled Village President and one pair labeled Grand Marshal. A MOTION was made by Kunstmann, seconded by Waskiewicz, to approve the purchase as recommended by the Parks Committee. Motion carried. The Parks Committee will be meeting again on September 7, 2005.

Report from Director of Public Works

Neumann reported that Bublitz has purchased the Rathsack property and the deferred special assessments have been received by the village. The sampling manhole is ordered for the property. The Stoney Creek Subdivision should finish the gravel base tomorrow and curb and gutter next week. The watermain has been installed in front of the village shop and came in under budget. Ben McKay from S.E.W.R.P.C. has requested a meeting to discuss the county comprehensive plan and to review maps and the public participation plan. A meeting will be set for the week of September 12th. Hamm and Kunstmann will try to attend the meeting. Neumann and Hamm met with the representatives from the Wisconsin Department of Transportation regarding the Martin Drive and Hwy. 57 intersection. An official letter should be sent by the Department of Transportation stating that they will remove the restrictions from the intersection at this time and will allow traffic to flow freely in all directions. However, this could change if accidents occur at the intersection. Neumann stated that the village will qualify for the Local Road Improvement Program grant this year. This will be applied to the St. Rose reconstruction project. The county should be contacted regarding possible discretionary grant funds for the Fredonia Avenue project. Neumann also applied for an extension for the Site Assessment Grant for the Phillips Plastic property.

Scope of Standing Committees

Kunstmann stated that clarification is needed on what each committee should be doing. He noted that the Public Works Committee has discussed the budget for the police and fire departments, which he felt should be Public Safety. The possibility of creating an organizational chart to show where issues should go was discussed. After further discussion a MOTION was made by Waskiewicz, seconded by Short, to have each committee on their next agenda, define their purpose and responsibilities and where their information flows; to compile this information at the village hall; to have the village clerk give this information to the Personnel Committee by December 31, 2005; and to have the Personnel Committee submit a draft to the village board before the end of February 2006. Motion carried. Capital expenses were then discussed and where they should properly be submitted. It was noted that the board will need to define capital expense.

Correspondence

Correspondence reviewed by the village board include the report from the Clerk-Treasurer, the letter from the village attorney regarding the pending sale of 425-429 Fredonia Avenue, the notice of amount of net new construction in the village, and the letter regarding a fall in the alley by Harold Thiel. The letter from Thiel has been referred to the insurance company who has denied the claim. Other correspondence include the memo from Paul Roback regarding the informational session on WHEDA, the health insurance renewal quotes, the September 1, 2005 Plan Commission agenda for the Village of Newburg and the August 26, 2005 Legislative Bulletin.

A letter from Mike and Lori Paulus was read thanking the Fredonia Fire Department and other departments for their quick response and hard work in handling their recent barn fire. Fire Chief Schommer was commended for his and his departments work.

Report from Village Marshal on Operations of Village

Marshal Davel noted that the village is well served by the village marshal’s office. He stated that all officers receive their required training through their full time jobs. Currently 62 hours of coverage per week are provided. As of October 1, 2005, there will be 72 hours of coverage per week. These hours will be worked on varied shifts. The police department will be pro active and enforce quality of life issues. A vehicle will be required in 2006 and probably another in 2007. Davel stated that he may approach the Lion’s Club for an additional de-fib unit for the other vehicle. He also noted that the department’s ability to keep records is inadequate and inefficient. A mobile terminal will be added to one squad before the end of the year. Davel also stated that he will approach the board before the end of the year to become part of the Mid-Moraine Municipal Court system. New radios will be needed in 2007. Current office space is adequate but more may be needed in the future. Reports will be streamlined by writing on the back of the ticket. Evidence storage is inadequate and he will work with the Director of Public Works on improving this as time permits. He will also work on improving the lines of communication with the Sheriff’s Department.

Personnel Committee Meeting of August 23, 2005

The report from the Personnel Committee was reviewed. Employee positions will be clarified as exempt or non-exempt. Short term disability insurance was discussed. The committee will continue to work on wage scales, job descriptions and updates to the employee handbook.

Closed Session

Per Wisconsin Statutes 19.85 (1)(c) and (f) the village board convened into closed session to discuss employment, compensation and medical information on a MOTION by Short, seconded by Waskiewicz, and carried unanimously with a roll call vote. Also attending the closed session was Attorney Nancy Pirkey, Village Marshal Michael Davel, Director of Public Works Allen Neumann, and Clerk-Treasurer Jo Ann Wagner.

Adjourn Closed Session and Reconvene into Open Session

A MOTION was made by Waskiewicz, seconded by Palm, to adjourn closed session and reconvene into open session. Motion carried unanimously with a roll call vote.

Reallocate Police Department Budget

A MOTION was made by Waskiewicz, seconded by Short, to re-allocate $4,500 from the Police Department wage account to the supplies account. This will be used to equip the new officers with uniforms, duty gear, handguns, badges and installation of the computer terminal in the squad. Motion carried unanimously.

Deputy Village Marshal Positions

A MOTION was made by Waskiewicz, seconded by Dohrwardt, to hire Christopher Erickson, Jeremiah Nye, and Eric Leet as part-time deputy marshals at the entry level pay rate with a full review on January 1, 2006. Motion carried with Kunstmann abstaining.

Employee Staffing

A MOTION was made by Waskiewicz, seconded by Dohrwardt, to postpone until the October 6, 2005 village board meeting discussion on employee staffing. Motion carried.

The meeting adjourned at 10:40 p.m. on a MOTION by Waskiewicz, seconded by Kunstmann, and carried unanimously.

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