Town of Lawrence

Proceedings of Town Board/Utility District Meeting

Town Hall-2595 French Road, De Pere, WI 54115

Monday, September 25, 2006 – 7:00PM

Call to Order

The meeting was called to order by Chairman Perock at 7:00 p.m.

Roll Call

Present: Tom Perock, Town Chairman

Randy Treml, Town Supervisor

Kenneth VanDeHei, Town Supervisor

Randy Vandenack, Town Supervisor

Dale Warpinski, Town Supervisor

Judy Benz, Town Clerk-Treasurer

Carrie Murphy-Auguston, Assistant Clerk

(See attached Roll-call Sign-In Sheet)

Pledge of Allegiance by those in attendance.

Discussion and Action on the following:

1. Approve minutes from Town Board Meeting held on September 11, 2006

A motion was made by Supervisor Treml to approve minutes from the Town Board Meeting held on September 11, 2006. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

2. Street Lighting Options/Jim Rath-WPS

Jim Rath from WPS reviewed the different street lighting options for the Town to consider. He suggested consistent lighting throughout the Town, rather than mix and match. He offered the following payment options:

1. The Town assumes full financial responsibility.

2. The Town can assess residents only in the areas served with street lighting.

3. Shared cost by all Town residents.

Jim stated the average cost for a 100-250 watt street light would be approximately $15-21 per/month. Chairman Perock thanked Mr. Rath for his presentation. No action taken.

3. Open Public Hearing to hear comments on proposed amendments to the Zoning Ordinances

A motion was made by Supervisor Warpinski to open the public hearing in reference to the amendments to the Zoning Ordinance.

Supervisor VanDeHei mentioned the need to address below grade exposed windows to prevent future problems.

Rick Fisher, Fisher & Associates – suggested including a disclaimer at the building permit level.

Mary Kirchman, 1342 Sundown Lane – stated adding the verbiage “The Town will not be held liable for below grade exposed windows.”

4. Close above Mentioned Public Hearing

Chairman Perock asked on two occasions for any further comments. With no further comments a motion was made by Supervisor Treml to close the above mentioned public hearing. Motion seconded by Supervisor VanDeHei. Motion carried unanimously.

5. Adopt amendments to Zoning Ordinance

A motion was made by Supervisor VanDeHei to adopt the amendments to Zoning Ordinance. The motion was contingent on the review by Town’s attorney in reference to the sections pertaining to snow removal and exposed windows. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

6. Open Public Hearing for a zoning change request from Residential to B1 Business for parcel L-342-2 located on the corner of Sundown Lane and Mid Valley Drive to accommodate a furniture store business

A motion was made by Supervisor Treml to open the public hearing in reference to zoning change request from Residential to B1 Business for parcel L-342-2 located on the corner of Sundown Lane and Mid Valley Drive to accommodate a furniture store business. Motion seconded by Supervisor Vandenack. Motion carried unanimously. (See attached zoning change application, public hearing notice and roll call sign-in sheet)

Rick Fisher from Fisher & Associates and Tom McCrory were present to propose a 16,715 Sq. Ft. building to be located on the corner of Sundown Lane and Mid Valley Dr. The proposal included relocating Sundown Court and the utilities to the west of the proposed building. The site is being proposed for the Lullaby Shop with a common parking lot with Furniture Mart to the north. The plan includes extensive landscaping on the south and south west corner to buffer the residential neighborhood. The building has no doors or lights on the backside of the facility. The east elevation (front) of the building includes full masonry with an overhead door for truck access. The storm water management would include an infiltration system with basin.

Michele Sterckx, 336 Fort Howard Ave– expressed concern over the existing trees and homes. She stated there is no need for a building to block the highway because the trees currently do that.

Jim Cornell, 1315 Sundown Lane –stated he thought Mr. McCrory’s intentions were to clean up the property not add another business.

Jackie Tuesberg, 1304 Sundown Lane – stated she was approached by Mr. McCrory to sell a piece of her property.

Matt Emmer, 1283 Sundown Lane – expressed concern with the increase in traffic, and his children’s safety.

Supervisor VanDeHei indicated there shouldn’t be an increase in traffic unless there are additional residences located behind the proposed business.

Matt Emmer – stated he currently picks up trash on a daily basis from the existing furniture store.

Mary Kirchman, 1342 Sundown Lane – stated if there isn’t an increase in traffic there still would be opposition by the neighbors.

Matt Peters, 1297 Sundown Lane – stated he is concerned with the children playing in the street and the lack of visibility due to the building blocking the road.

Chairman Perock stated the street is for traffic, not for children to play in.

Jane Beno, 1676 Twin Lakes Circle – spoke in opposition to the road being moved because she has already put in the laterals for future development of her property, and she would like the traffic pattern to remain as is.

Chairman Perock asked Ms. Beno if the road remained would she approve of the proposed project. Ms. Beno stated “yes”.

Jane Green, 1324 Sundown Lane – asked for further clarification in reference to the trees and whether or not they would be affected.

Mr. Fisher indicated the trees on the adjacent property would remain.

Kim Koske, 1279 Sundown Lane – spoke in opposition of the project stating she is concerned with the traffic, their property value and the lights which will be visible from her house.

Mary Kirchman – stated she is concerned with the property values, decreasing. She stated any change in zoning would be unacceptable.

Tim Lehrer, W3326 Schroeder Road – asked if the Town has a Comprehensive Plan?

Chairman Perock stated the Town does have a Comprehensive Plan (Smart Growth Plan) which is a long range plan used to aid in the development of the Town. The Comprehensive Plan indicates this particular property to be business/commercial in the future.

Jane Beno – stated there is a potential for more homes on her property, and expressed concern about her property being devalued.

Bob Meulemans, 1194 Spring Lake Drive – spoke in opposition of the rezoning.

Tom McCrory, 5062 Malibu Cove – spoke in reference to the traffic concerns stating the traffic from any future development being done by Ms. Beno would benefit from the new route, because it would be re-routed off of the busy frontage road, which has a higher rate of speed.

Jackie Tuesberg – stated if the property is rezoned to commercial it would appear as though they are being crowded out of their homes.

Matt Peters – stated the future plans need to take in to consideration the concerns of the residents.

Dan Sherman, 1676 Twin Lakes Circle – stated the reality of the situation is the property will be developed sooner or later.

Jane Beno – stated the properties along the frontage road will be commercial in the future.

Kenneth Kimball, 1304 Sundown Lane – asked if the Board would allow residential improvements to the property if it is going to be business commercial in the future.

Larry Boldt, 2029 Little Rapids Road – asked if someone could build a large home on the property.

Chariman Perock answered “yes.”

Edith Nelson, 1316 Sundown Lane – spoke in opposition of the rezoning.

Matt Emmer – asked if the rezoning was approved how soon would their property be re-assessed to determine the new value of their property.

Clerk-Treasurer, Judy Benz explained the open book and board of review process.

Mary Kirchman – commended the Board for the job they do, and mentioned being embarrassed for not being informed about the Comprehensive Plan.

7. Close above Mentioned Public Hearing

8. Rezoning request on parcel L-342-2 from Residential to B1 Business to accommodate a furniture store business

A motion was made by Supervisor Vandenack for parcel L-342-2 to remain residential. Motion seconded by Supervisor Treml. Discussion: Supervisor VanDeHei offered when Quality Truck was built, there was no mention by the neighboring residents that it de-valued their property.

Supervisor Vandenack expressed his lack of appreciation over the tone of the letter received by the residents in reference to the project. Supervisor Treml mentioned observing somewhat of shocked reaction by the residents that the Town Comprehensive Plan refers to this parcel as being business/commercial in the future. The Comprehensive Plan was composed by a committee made up from Town residents. Input was requested from the Town’s residents on many occasions. Supervisor Treml urged the residents to be informed and get involved. Chairman Perock stated Mr. McCrory has been a long-time business owner in the Town, who has paid taxes like the residents who are present. He added it is the Boards responsibility to do what is best for the Town, which is why they considered this project and listened to the comments provided. He thanked everyone for their input.

The motion was carried by a three to two (3-2) vote. Supervisor VanDeHei and Chairman Perock voted against.

Chairman Perock called for a two (2) minute recess.

9. Site Plan for Furniture Store to be located on parcel L-342-2

A motion was made by Supervisor Treml to table the site plan for a furniture store to be located on parcel L342-2. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

10. Business Sign for Sharper Edge

Luke Walder from Sharper Edge was present to request approval for the business sign to be located at 2757 Little Rapids Road. Supervisor VanDeHei stated the stone placed by the sign is in the right-of-way which will need to be removed. Mr. Walder indicated they would move the stone out of the right-of-way. Supervisor VanDeHei told Mr. Walder to review the berm to ensure it is not in the right-of-way. Supervisor Vandenack asked why the sign was built without a permit. Mr. Walder apologized and stated they weren’t aware they needed a permit. A motion was made by Supervisor VanDeHei to approve the business sign for Sharper Edge contingent on there not being a twelve foot utility easement present, and the removal of the stone from the right-of-way. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

11. Business Sign for Diesel Specialists

A 5 ½’ x 12’ business sign is proposed for Diesel Specialist by Creative Sign. All sign regulations are met. A motion was made by Supervisor VanDeHei to approve the business sign for Diesel Specialists. Motion seconded by Supervisor Treml. Motion carried unanimously.

12. Conceptual Plan for Retail Complex to be located on the corner of Sand Acres Dr/Quarry Park Dr

With no one here to present the conceptual plan a motion was made by Supervisor Warpinski to table. Motion seconded by Supervisor Vandenack. Motion carried unanimously.

13. Request to rezone Parcel L-265 from AG to B1 located on the corner of Sand Acres/Quarry Park Dr. to accommodate a retail complex

With no one present to request the rezoning of Parcel L-265 a motion was made by Supervisor Vandenack to table. Motion seconded by Supervisor Treml. Motion carried unanimously.

14. General Development Plan for Apartment Complex to be located on Scheuring Rd/Toonen

David Toonen from Toonen Properties was present to propose an apartment complex to be constructed on Scheuring Road. The property was previously zoned as a Planned Development District with a conceptual approval for an apartment complex. The proposal consists of eleven 10-unit buildings and eight 12-unit buildings. A pond is to be constructed on the property and will serve as the storm water pond as well as an aesthetic feature. Mr. Toonen stated the units will be constructed of the same material used on the Quarry Park Apartments. A 2000 Sq. ft club house is being proposed, however Mr. Toonen stated the size may be revised. Mr. Toonen indicated the club-house would have a work-out facility, outdoor pool, indoor whirlpool, and gathering room. Supervisor VanDeHei stated he would like the plan to include street lighting on Scheuring Road. A motion was made by Supervisor Warpinski to approve the general development plan contingent on the developer’s agreement being in place, submittal of the landscape plan, inclusion of street lighting on Scheuring Road, as well as approval of the storm water plan by the Town’s engineer. Motion seconded by Supervisor Vandenack. Motion carried unanimously.

15. 3-Lot CSM on Hickory Road

Frank Kowalkowski was present to propose a 3-lot CSM on Hickory Road. He stated the future American Drive could be laid out as close as possible to meet up with the future planned road in this development. A motion was made by Supervisor VanDeHei to approve the 3-Lot CSM on Hickory Road contingent on the approval of the storm water plan by the Town engineer. Motion seconded by Supervisor Treml. Motion carried unanimously. (See attached CSM)

16. Request to Rezone a portion of parcel L-24 located on Hickory Rd (Lot #3 on above CSM) from Agricultural to Limited Industrial to accommodate a sanitation rental facility

A motion was made by Supervisor Vandenack to move the request to rezone a portion of parcel L-24 located on Hickory Rd (Lot #3 on above CSM) from Agricultural to Limited Industrial to accommodate a sanitation rental facility to a public hearing. Motion seconded by Supervisor Treml. Motion carried unanimously.

17. Final Site Plan for Roland Machinery located on French Road

David O’Brien from Bayland Buildings was present to propose a final site plan for Roland Machinery. The proposed building consists of 28,732 sq. ft and includes 100% masonry on the front exterior of the building. Chairman Perock stated the lighting for the site needs to remain on the property, no light pollution; he recommended the use of yellow lights. A motion was made by Supervisor VanDeHei to approve the final site plan for Roland Machinery contingent on the approval of the storm water management plan by the Town engineer. Motion seconded by Supervisor Treml. Motion carried unanimously.

18. 3-Lot Certified Survey Map located in Business Park on PDQ Dr and Eisenhower Rd

Mike Skaletski was present to propose a 3-Lot Certified Survey Map located in Business Park on PDQ Dr and Eisenhower Rd. Mr. Skaletski indicated the storm water management needs will be met by the existing pond within the business park. A motion was made by Supervisor Treml to approve the 3-Lot CSM located in the business park. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

19. Site Plan for Packerland Tape to be located in the Business Park on Eisenhower and Sand Acres

Dan VanRite was present to propose a 7074 Sq. Ft. building on the corner of Sand Acres Dr. and Eisenhower Rd for Packerland Tape Inc. Discussion was held on the overhead door on the front side of the building. Mr. VanRite stated he could move the door to the west side of the building but that would require the traffic to enter from Sand Acres Dr. He stated he is trying to keep the traffic in the business park rather than near the residential. Mr. VanRite stated they will use drivet on the front of the building in order to comply with the masonry requirement; however he questioned the need for full masonry front. Supervisor VanDeHei indicated this is an ordinance which needs to be followed. A storm water retention pond is not required due to the regional pond in the Business Park to serve this area. Chairman Perock asked Mr. VanRite about the lighting and the trucks backing up from the roadway. Mr. VanRite indicated the lighting will be yellow wall packs and stated there will not be any trucks backing in from the roadway. A motion was made by Supervisor Warpinski to approve the site plan for Packerland Tape to be located in the business park. Motion seconded by Supervisor VanDeHei. Motion carried unanimously. (See attached site plan)

20. Award Bid on Water and Sewer Project on Scheuring Rd/Williams Grant Dr/Clem Lane

Town Engineer, Matt Greely reviewed the bids received for the water and sewer project on Scheuring Road/Williams Grant Dr/Clem Lane. A motion was made by Supervisor VanDeHei to award the project to the low bidder Dorner, Inc. in the amount of $1,060,608.00. Motion seconded by Supervisor Warpinski. Discussion: Chairman Perock stated no work shall commence until the agreement between the developer and the Town is established relating to the assessment process for the undeveloped properties. Motion carried unanimously.

21. Authorize allocation of funds from GO Promissory Note dated October 1, 2005 for the Scheuring Road/Williams Grant/Clem Lane Sewer and Water Project

A motion was made by Supervisor Treml to authorize the allocation of funds from GO Promissory Note dated October 1, 2005 for the Scheuring Road/Williams Grant/Clem Lane Sewer and Water Project. Motion seconded by Supervisor Vandenack. Motion carried unanimously.

22. Authorize concrete pads for concession stand and bleachers at Quarry Park

Maintenance Operator, Adam Gildernick reviewed two proposals for the concrete work to be done around the concession stand and the bleacher pads. A motion was made by Supervisor Warpinski to award the concrete work to be completed at Quarry Park to Metro Concrete. Motion seconded by Supervisor Treml. Motion carried unanimously.

23. Authorize Construction of Trail at Quarry Park

Maintenance Operator, Adam Gildernick reviewed two quotes received for the construction of a walking trail at Quarry Park. The trail is ten (10’) feet wide and will consist of twelve (12”) inches of gravel with two (2”) inches of asphalt laid on top. Supervisor VanDeHei stated there is a substantial difference between the two quotes and questioned the reasons. Mr. Gildernick stated he would investigate to reveal the difference. A motion was made by Supervisor Treml to table to allow for further information to be gathered. Motion seconded by Supervisor Vandenack. Motion carried unanimously. Item tabled.

24. Water/Sewer Utility Update/Greg Little

Utility Manager, Greg Little indicated there is a water service issue at Robinson Metal. They are unable to locate an 8” water lateral.

25. Central Brown County Water Authority Update/Randy Treml

Supervisor Treml stated the project is on schedule with the exception of the river crossings.

26. Fire Department Update/Fire Chief Kurt Minten

No update.

27. 2^nd Payment Request for Business Park Pond Contract to Atlas Excavating in the amount of $30,985.23

A motion was made by Supervisor Vandenack to approve the 2^nd payment request for the business park pond contract to Atlas Excavating in the amount of $30,985.23. Motion seconded by Supervisor VanDeHei. Discussion: Chairman Perock said he visited the site and it looks good. Motion carried unanimously.

28. Payment of due invoices and wages

A motion was made by Supervisor Treml to approve payment of due invoices and wages. Motion seconded by Supervisor Vandenack. Motion carried unanimously.

29. Future Agenda Items

None

30. Public Comments

None

31. Adjourn

A motion was made by Supervisor VanDeHei to adjourn the meeting. Motion seconded by Supervisor Vandenack. Motion carried unanimously. The meeting adjourned at 10:25 p.m.

Respectfully submitted,

Carrie Murphy-Auguston