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February 22, 2006 Special Meeting

Maine Minutes
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February 22, 2006
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Special Meeting
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�Maine Town Hall
6111 N. 44th Avenue
Wausau, WI� 54401
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Chairperson: Betty Hoenisch��
Type of meeting: Special
Supervisors:� Wanke and Zernicke
Treasurer:� Marilyn Grunenwald
Clerk:� Kimberly A. Freund
Zoning/Building Administrator:� Lester Krueger
Attorney - Randy Frokjer
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�Minutes:
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Chair Hoenisch called the meeting to order at 7 p.m.�
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The Fire Dept. dance was discussed in regards to mailing of tickets via mail. Chair Hoenisch called the Gaming Office of Wisconsin and their response was it is illegal to mail tickets under State Statue 56. John Ohrmundt and Bob Pound�s name are on that license and they would be at risk for illegal mailing of tickets. Attorney Frokjer stated that the Board cannot make a resolution on it tonight as it was not posted. He recommended that this action cannot supported by law. Chair Hoenisch stated that a letter be sent stating that the tickets will be sold at the door. John Ohrmundt stated that the Fire Department will make a decision on how to proceed and let the Board know.
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The Wanke Case:�
�Attorney Frokjer explained that Supervisor Wanke had approached him several times and Attorney Frokjer explained he cannot talk to him unless Council is present.�
Attorney Kareken stated he didn�t know what he was talking about. �Supervisor Wanke stated he disagreed with something on a brief and that he would discuss this with Attorney Frokjer at a later time.
�Attorney Frokjer gave an overview of the Wanke case. There was a proposal by Attorney Kareken for Mike Wanke in regards to a number of issues with a settlement proposal to be signed by the Board for Mike Wanke.� The problem with a conditional permit for Mike Wanke is the building he works out of is not owned by Mike Wanke, it is owned by his father Supervisor Dennis Wanke. The conditions in the proposal are how many number of vehicles will be allowed to be parked on premises at a given time along with other conditions.� Mike Wanke had applied and paid a fee for a compliance statement but the compliance statement has been taken out of the Town of Maine zoning ordinances.� The Town does want to work with Mike Wanke and the fee would be waived for the conditional permit if he would apply for it now. If Dennis Wanke transferred the land where the building is located that would make the conditional use permit available to Mike Wanke.� The conditional use would not be transferable future owners of this property.
If Mike Wanke applies for the condition use the Town would then look at dismissing the action against him. In a recent court date the Judge ruled on all counts in favor of the Town.� This meeting was a chance to sit down and talk with the Wankes, their Attorney, the Board and the residents of the Town of Maine. Attorney Frokjer directed his response to Mike Wanke and his Attorney, Mark Kareken asking if this will now work for you. He turned the discussion to them.
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Mark Kareken asked if what the Town was proposing was a conditional use permit and not a compliance statement. Attorney Frokjer stated that the Town was will to convert the compliance statement over as the fee for the conditional use permit. Mike Wanke needs to fill out the paperwork for the conditional use. The Town no longer has a compliance statement so that is not a choice now. Attorney Frokjer mentioned that the uses on the compliance statement can be carried over to the condition use permit as Attorney Frokjer thought they made sense for Mike�s business constituting a residential business. One condition that would have to be added is if there would be off street parking and how many vehicles would be allowed to park in the driveway at one certain time.
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Mark Kareken responded that the Wanke�s would be disinclined to accept the conditional permit. Mr. Kareken said that the Wankes have been thru this whole process and paperwork previously and to have to do it again is unacceptable and he accused the previous Board of not following their own rules. Attorney Frokjer stated again that the Town is willing to sit down and discuss the conditions and to make it work for all involved. Attorney Frokjer stated that he made the motion and request for before they court that the rules weren�t followed and for that reason Attorney Frokjer asked the Court to vacate the order and the Court did that.� Mark Kareken threatened that they have the right to appeal.
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Attorney Frokjer said yes you do. Mark Kareken replied let�s just be done with it. Attorney Frokjer agreed with Mr. Kareken in the respect that the Town does want to be done with this case once and for all.� In the past Attorney Frokjer feels that it was a power struggle and he doesn�t feel it should be a power struggle now. Everyone in the similar setting as Mike Wanke needs to have condition use permits. Attorney Frokjer said that the way you read the statue on it, it does talk about having residential businesses having conditional use permits consistent with the definition of a residential business. Attorney Frokjer stated that this case should not be handled any differently than any other case. Mr. Kareken asked why the settlement statement doesn�t make sense. Attorney Frokjer said he didn�t have any problem signing a settlement agreement to resolve the litigation. A settlement agreement could list everything that would be done with the normal person on a condition use permit. Mark Kareken is objecting to the Wankes going thru the conditional use permit process again.� Attorney Frokjer stated the Plan Commission has already suggested that the Board is agreeable to accomplishing this. The Statue reads that the Plan Commission is the one that would have to recommend the conditional use permit. The Judge ruled that the compliance statement was vacated and void. Attorney Frokjer explained what is good for Mike Wanke�s business and for the Town can be accomplished in a condition use permit. Attorney Frokjer asked how complicated or how easy do we want to get this done. Attorney Frokjer said let�s look at some conditions that make sense and treat this party like we treat everyone else, and let�s get on with life. Or you can say I�ve got to have it my way and this party has to be treated differently. This doesn�t make sense to Attorney Frokjer.
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Mr. Kareken argued that yes it does make sense. Attorney Frokjer stated that as far as the Town functioning you want it function the same for everybody. Mr. Kareken again argued that they want the settlement signed and not to go through the process of the conditional use permit. Kareken stated that if the Board is requesting for Mike Wanke to apply again it ain�t going to happen.
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Attorney Frokjer stated you can start putting up all your demands and all you�re putting up is road blocks. Attorney Frokjer said the settlement agreement has a number of areas that will create problems for the Town in the future. Attorney Frokjer mentioned when he spoke with Shawn VanderWaal on behalf of the Board of Zoning Appeals, Shane stated he read that settlement agreement and he was rolling his eyes stating there are seven or eight places that he would never touch. Mr. Kareken smarted back, �Then don�t touch it!�� You invited us here to talk about this agreement and now you�re telling me that you don�t want to talk about the settlement agreement and that you want us to do something different, if that�s what you want then there�s nothing more to talk about!�
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Attorney Frokjer asked if you want to waste the time tonight�Mark Kareken said, �Forgive me Mr. Frokjer but you and the Town are the ones who have wasted the time!�
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Chair Hoenisch interjected that a few statements that Mark Kareken is alluding to are incorrect. What happened with this case and the previous Board is the past this is a new Town Board and we are willing to revise our ordinances to make 18 illegal businesses conforming. The Board is willing to work with them stated Chair Hoenisch rather than put then out of business. The intent of the Board is not to put Mike Wanke out of business; the Board wants to work with him. However, the Board needs to treat everyone equally and fairly.� Mark Kareken responded, �I don�t care about this."
�Chair Hoenisch stated that he Plan Commission recommended to put Mike in the driver�s seat and to step this up a notch because of all that Mike has been thru in the past. The Plan Commission is willing to work with Mike and others but it has to be equal treatment for all.
�Attorney Frokjer explained the settlement agreement. This settlement agreement states that it is going to be declared a residential business. We have a party that has a house and their residence and they have a part of their business that is not located in their place of residence. If you call this a residential business like you want in your agreement there�s nothing to stop somebody else from saying I have a house here, there�s 15 acres next door and I�m going to put a factory there. And when I do that I�m going to call that a residential business stated Attorney Frokjer.
�Mr. Kareken commented that this is absurd. Attorney Frokjer said no we are not. Mr. Kareken said no one is putting up a factory because a factory doesn�t qualify as a residential business under the conditions that exist and the code itself. Attorney Frokjer replied if you call a residential business something where the business is located off your property your setting yourself up and when that happens they aren�t going to come and ask you they are going to come to the Town and when they explain my business isn�t located on my property and I can operate it as a residential business, because you are already allowing Mike Wanke to operate that way. They would have Exhibit 1, the settlement agreement, and at that point the Town would have a hard time defending itself. The Town should be consistent. Attorney Frokjer stated the Town has to be consistent now and in the future with zoning ordinances.
�Mr. Kareken disagreed with the fact that the place of business has to be on the same property. Attorney Frokjer stated that it does as it states that in the Town�s ordinances.
Mike Wanke stated that at a meeting in the past the Board did not say that having the place of business located on the neighboring lot was a problem.
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Attorney Frokjer stated that he doesn�t know what was said previously to Mike Wanke but as of the day he started representing the Town he said that was a problem, according to the briefs he has read. Attorney Frokjer has not varied on this position and neither has the court in terms of its ruling recently.
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Attorney Frokjer stated that he�s tried speaking with Mark Kareken a couple of times by phone and when they have spoken Mr. Kareken�s attitude has been derogatory and that�s not the way to get something done. Mr. Kareken said in a snide voice, �get something done, that�s a joke.�
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Attorney Frokjer reiterated the responsibility of the Town is to treat people fairly and consistent. It can�t make a difference because someone is related to a Supervisor on the Board and an employee.
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Mark Kareken repeatedly states that the Town can do what it wants by using the settlement not a conditional use permit.� Attorney Frokjer replied the Town can do what it wants in a
settlement but just because it�s in litigation doesn�t mean the Town can treat one party differently than another. Mark Kareken yelled, you�re not!
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Attorney Frokjer said if you�re calling this a residential business the Town is going down a road that the Town is going to have potential problems. And when that happens they are not going to come to you, Mr. Kareken for the answer they are going to come to the Town for the answer and this will cause more litigation because this situation is being handled differently than others would be handled.
Mark insisted the settlement agreement would not be presidential. Attorney Frokjer stated the settlement agreement would be presidential. Mark argued that it is not.
Attorney Frokjer said if the Town takes that position on it the Town and their actions regarding enforcement, whether they are consistent or how arbitrary and capricious they are does set precedence. He stated the Town wanted to come here in the spirit of cooperation and try to put together a conditional permit. He feels it�s not as complicated as Mark Kareken is making it. The conditions aren�t that different from the settlement agreement and the Town wants feedback from the Wankes.
Mark Kareken said Dennis Wanke could have the property transferred into Mike�s name if you have such a problem with it.
Attorney Frokjer stated the Plan Commission would like a conditional use permit; they have no problems granting it as long as it states how many vehicles can be parked in the yard. As long as the Town and Mike Wanke can agree on this we can dismiss the case. The time period for the conditional use permit would be for as long as he owns and operates his business, there is nothing stopping Mike Wanke from having and running his business for as long as he wants to at this point.
Mark Kareken commented this doesn�t create a problem for the Town�
Attorney Frokjer reiterated anytime you call a residential business one that the property isn�t located on the residential lot�
Mark Kareken shouted, �I heard you the first time, you don�t have to repeat yourself.� �Either you want to do this or you don�t.�
Attorney Frokjer said if the people are going to sit down and do this there�s an issue about some mutual respect and it�s how people act.
Mark Kareken argued, �You want to talk about respect�
Attorney Frokjer said, �Let me finish what I�m talking about then you can go.�
Mike Kareken argued, �I�m not going to listen to you talk about respect because you don�t know what it means,�� As he put his fingers in his ears.
Clerk Freund stated, �Shame on your behavior.�
Mark Kareken said, �Too bad for you.�
Clerk Freund said, �I thought I was back in kindergarten.�
Mark Kareken said, �You are in kindergarten.�
Chair Hoenisch said, �Excuse me Mr. Kareken we set this meeting up in good faith and to hopefully work together. But we will not work together if there�s no talking and it�s obvious that you didn�t come here to talk.�
Mark replied, �I came here to hear what you had to say. You told me what you have to propose and I�ve told you it�s not acceptable. You don�t want to do this then there�s nothing to talk about.�
Chair Hoenisch replied, �This is a whole new day Mr. Kareken.� �Chair Hoenisch gave an example of a resident sitting in the front row that worked together with the Town Board to accomplish her goal that would never had happened a year ago with the previous board.
Chair Hoenisch stated there have been a lot of new days in the last months with this new Board.
She insisted to Mark Kareken that he is asking something of the Board that the Board just cannot do.
Mark Kareken said if the land is transferred then the problem we have is gone.
�Attorney Frokjer explained the normal routine when a party has a residential business is it goes to the Plan Commission; the Plan Commission gives the recommendation to the Board.
�Mark Kareken argued the Town can settle the litigation if it chooses to. The problem with the settlement is the fact that the land the shop sits on is owned by Dennis Wanke. You can do one of two things, you can transfer the property or Mr. Wanke can confine his business to the garage on his own property.
�Attorney Frokjer stated if Mike Wanke is to operate the business on his own property that would be a different issue than the way it was explained and what he read in the transcripts.� Attorney Frokjer�s understanding is there are multiple buildings and some of them are not on his land.
�Mark Kareken argued the Plan Commission in the past stated the buildings located on different land didn�t not matter.
A resident said he disagreed with that statement.
�Mark Kareken said if the land is transferred to Mike Wanke, we will amend this and ask the Board to sign the settlement agreement.
Attorney Frokjer asked Mr. Kareken if he could ask him a question.� Do you feel that Mike Wanke should be treated differently or an individual should be treated differently because they put the matter in suit? Mark Kareken argued, �He didn�t put it in suit.�
�Attorney Frokjer understands that but Kareken �indicates that it�s in litigation so you deal with it without going through the normal channels.
Mr. Kareken responded, �No.�
�Attorney Frokjer feels that it�s all coming down to a power struggle that started long before I came here and seems it�s somebody�s attempt to carry it on tonight. He doesn�t think what the Town is asking for in terms of conditions is anything that the Wankes can�t live it. When they get with this it isn�t going to take that long, it isn�t going to be that hard, and it isn�t going to effect his business that much and Mike moves on and everyone is treated the same.
Attorney Frokjer doesn�t feel that is asking a lot.
�Mark Kareken stated if you insist on the Wankes going thru the same process they have already been through just forget it. It can be taken to the Court of Appeals and everyone in this Town can spend more money litigating it.
�Attorney Frokjer stated if you feel your client needs to be treated differently the Town doesn�t support that.
Mr. Kareken said they have been through enough as it is. Put an end to it right here and now.
Attorney Frokjer reiterated that the Wankes feel the Town didn�t do them right so now the Town should treat them differently; he�s taking the position�
Mr. Kareken abruptly interrupted and said, �They�re not asking to be treated differently.�
Attorney Frokjer argued, �Yes they are.�
Mr. Kareken shouted, �NO THEY�RE NOT!�
Attorney Frokjer refused to raise his voice, and said but two wrongs don�t� make a right.
�Mr. Kareken stated to Attorney Frokjer that if your advice is that the Town doesn�t have the authority to enter in this agreement then you�re wrong.
Attorney Frokjer stated he did not say that. He said it is in the best interest of the Town to do it.� The Town has to look long term in what�s in it�s best interest and if it can�t enforce its ordinances down the road and this thing is called a residential business at least in it�s current setting, that does give the Town some real potential problems down the road.
Mr. Kareken reiterated that the property needed could be transferred into Mike�s name or he can confine the business to his present lot.
�Attorney Frokjer asked why there is a problem to say we will put the conditions into a conditional use permit for his life. This can be accomplished at the future meeting.
Attorney Frokjer reiterated the fact that this can be done easily and quickly unless you let it become a power struggle causing the Town to spend more money in litigation.
Attorney Frokjer stated and agreed with Mike Wanke that this situation is difficult and Mike was not treated well previously. Attorney Frokjer stated he doesn�t think the way this whole case was handled should not have been handled in the manner that it was.
Mike Wanke asked what is in the settlement statement that is so bad.
�Attorney Frokjer stated it calls your business a residential business when it is not located on your property and in its attempt to go this route and to treat other residents in a different manner. He stated that the time we�ve been here tonight we could have accomplished this goal. The Town is willing to work with you. There is a new Board with new ideas and getting input from the residents and changing zoning ordinances. Let�s sit down and put the past in the past and get this accomplished. Attorney Frokjer pointed out to Mike Wanke that he is providing a service to a lot of people in the Town and your neighbors don�t appear to have a problem with it, let�s get this matter done.
�Mike Wanke stated that he originally came here went thru our zoning book, read the book, followed the rules and procedures. He stated they are 18 other businesses in the Town of Maine that keep on doing what they�re doing but yet I am here. He feels they are getting treated differently than himself. He feels he would have been better off keeping his mouth shut.
�Attorney Frokjer agreed with Mike Wanke with many things he said in that regard. The Town will have to decide on how they will move forward with enforcement and how they�re going to work together as a community. He said maybe it wasn�t working in the past.
Mark Kareken stated that the only issue you raised is that the property is separate.
Attorney Frokjer said there is an issue and the issue ois normally proceeding thru a conditional use permit.
Mark Kareken again argued that Mike Wanke has already been through this process.
Attorney Frokjer stated that Mr. Wanke had gone thru the process for a zoning compliance statement it wasn�t a condition use permit. Taking it back to the Plan Commission will not be an issue as they�ve already agreed to a conditional use permit. Attorney Frokjer suggested let�s move forward and put an end to this case as this Town has other issues to tackle. Let�s treat everyone the same, let�s make this work.
�Mark Kareken argued that there is nothing inconsistent with the statement that the way the statues are written. Nothing.
Attorney Frokjer added if that settlement agreement states to get a conditional use permit and follow those conditions then there shouldn�t be a problem.
�Mr. Kareken again asked the Board to sign the settlement agreement and said we�d be done.
Zoning Administrator, Lester Krueger, stated that the way it sounds if that settlement agreement is signed and it is going to make his job miserable and he doesn�t think he wants to be here. Because the neighbor will try to do the same thing over and then you will have more litigation and more litigation. The Board is giving Mike Wanke the right to have the business and all he has to come through with conditional use permit and it�s done and over with. He doesn�t understand where Mr. Kareken and Mike Wanke are coming from.� Having litigation is not a way to settle something that has to done according to this book.
Mr. Kareken argued he is following that book. Mr. Kruger disagreed. Mr. Kareken argued back, �you are.�
�Steve Zahn, Plan Commission Member, stated when this all started, and he stated he wasn�t addressing Mr. Kareken, he�s addressing Mike Wanke, we were advised by Mr. Hess that this couldn�t work. Whatever Attorney Hess said is what we did and that�s the way it went. He is gone and we want to clear this up. All we want to do and we�ve talked about this a couple Mondays ago is to have a conditional use permit in front of us so everyone is on the same page. You even said Mike, we�ll transfer that land tomorrow.� Transfer it, apply for the conditional use and it�s done. Why do you want to go thru this, it is getting frustrating on their end too, this guy (Mark Kareken does not want to work with us).
Attorney Frokjer is doing everything he is suppose to do by looking out for their best interest of the Town. Mark Stubbe pointed out that it�s in his best interest to stop this now as this issue could hurt Mike�s business. Mike Wanke stated his business is already hurt. Tom Elias suggested to fix this situation. All you have to do is sign the conditional use permit. Steve Zahn went on to explain that they are not Attorneys, they don�t know the laws and that they had put their trust into Attorney Hess.
�Tom Elias reminded him that we are in the process of changing the zoning ordinance book.
�Tom Elias asked Supervisor Dennis Wanke what he had to say about this situation. Supervisor Wanke stated he will transfer the property into his name immediately if he wants it.
Mike Wanke again stated that in the past it wasn�t an issue that the building was not on his land. Chair Hoenisch stated she can produce minutes where they spoke to Attorney Hess�s partner and we said that it was a problem. Chair Hoenisch stated that the people who live here who would like operate a residential business but we don�t want to open it up to not having any control.
�Chair Hoenisch stated Mike Wanke originally came in and requested and asked questions if he could be rezoned. His property doesn�t touch any business park properties and he was rejected. He asked then if he could have a conditional use permit and Attorney Hess stated (and it�s clear in the minutes) there were no conditional use in the AG district that would work for Mike. The mistake was as that Attorney Hess should have suggested he could petition for a conditional use amendment and bring it to the Plan Commission. Mike Wanke then illegally started up his business and that�s how we arrived at this point.
�Supervisor Wanke stated that Mike asked the zoning administrator (about a year and a half ago); the zoning administrator turned it over to Attorney Hess. Mr. Hess put it on the agenda, never let the Wankes know, didn�t let the plan commission know, never let anyone know. Supervisor Wanke stated that Attorney Hess gave the Plan Commission the papers without giving them time to read it properly. He said Attorney Hess said gave Mike a straight out no. Then there was another meeting in September where the Wankes were not allowed to talk. This matter was then put onto the October agenda. Mr. Dennis Wanke at that meeting raised his hand and said Mr. Chairman, Vern Utecht, I want an answer and he didn�t give an answer.
�Dennis Wanke asked Mr. Utecht was there anyway possible we can have this business work. Mr. Hess responded with a straight out No.� Dennis Wanke had another question for Mr. Utecht and he never answered Mr. Wanke. ��Mr. Wanke stated this is a new board and he has respect for the Plan Commission and he believes they did what they thought was right. He feels Attorney Hess led them in the wrong direction.
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Tom Elias suggested to Dennis Wanke to complete this case. Dennis Wanke understands where the Plan Commission is coming from and wants to settle this case.
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Attorney Frokjer asked if the details for the conditional use permit would include off street parking, there is no need for off street parking stated Mike; and the second issue is the number of vehicles that will be allowed to be parked on the premises. A discussion proceeded and the number of eight vehicles maximum was discussed. Hours of operation and noise restrictions were discussed.
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Chair Hoenisch asked Mike Wanke if this is the road he would like to go down, are you willing to come to the office.
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Mr. Kareken said we need to see the conditions first. Attorney Frokjer stated the conditions listed in the settlement along with the number of vehicles allowed on premises.
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Chair Hoenisch mentioned that we are close to the ten day notice previous to the public hearing to be held at the Plan Commission meeting and are not sure if it can all be accomplished with this time frame.
�The Plan Commission will make a recommendation to the Board of Supervisors at the next meeting.
�Attorney Frokjer thanked everyone for coming. Chair Hoenisch thanked everyone for coming and everyone�s thoughts on this difficult case.
�Supervisor Wanke made a motion to adjourn, seconded by Supervisor Zernicke. Motion carried.
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Respectfully submitted and approved on March 13, 2006,
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Kimberly A. Freund
Town of Maine Clerk
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