Home Page: Meeting Minutes
|
September 5, 2007 Special Board Meeting
Maine Minutes
September 5, 2007
Special Board of Supervisors Meeting
Maine Town Hall
6111 N. 44th Avenue
Wausau, WI 54401
Wednesday, September 5, 2007
Special Board Meeting
A Special Meeting was held at the Maine Town Hall on Wednesday, September 5, 2007 at 7:30 p.m. regarding the Assessor Plat # 1 roads.
Chairperson Hoenisch called the Special meeting to order at 7:40 p.m.
Present were Chairperson Betty Hoenisch, Clerk Tammi Walter, Supervisor Tad Schult, Zoning/Building Inspector Rich Grefe, Treasurer Marilyn Grunenwald and Attorney Randy Frokjer. Assessor Plat property owners present were Rose Rosenau, Eugene Dehnel, Deb Osterbrink, George Vondrasek, Pam Zahn and Steve Zahn.
Attorney Frokjer explained that the meeting was to discuss the Assessor Plat #1 sub division roads. He said that the covenants had been recorded in 1969. The covenants were not followed at all. Lots were divided and land was used for agriculture, not as residential as specified in covenants.
Rose Rosenau sold land to Steve and Pam Zahn in 2005. REI drew a map but not all roads were shown. CSM for that land division never came to the Town for approval. When the Zahn’s received their tax bill they were taxed for less acreage than what they had purchased. The Zahn’s have requested that the Town vacate roads that are not built because that land designated for roads is being farmed.
Rose Rosenau came to the Town because she has a 5.91 acre parcel at the south end of 55th Avenue that she would like to sell, however there is no road access to that property.
Chair Hoenisch explained that she had researched the CSM’s for that subdivision but was unable to determine the status of those roads. She hired a title search done by Diane Lorbiecke at Guarantee Title. The title company furnished the Town with a recorded copy of the Assessor Plat # 1, the sub division covenants and road deeding documentation. The documentation confirmed that the roads in the sub division had been deeded to the Town but not built by developer.
Attorney Frokjer explained that what has been happening for approximately 30 years is the land that was deeded for roads is being used, but the Town is not getting taxes or lease revenue on that land. The use of the land is not conforming to the sub division covenants.
Attorney Frokjer explained the Town’s options.
Option one is for the Town to spend tax dollars to build the platted roads, however there is no money budgeted for that. Taxpayers will be unhappy if their money is spent by the Town acting as the developer. Rose Rosenau’s approximate price several years ago was $250,000.00 to build the roads to complete the subdivision. Chair Hoenisch said the cost would be much higher today since asphalt prices are currently at $94,000.00 per mile.
Option two is that the Statutes allow the Town to vacate roads as long as they do not land lock any property. This would be the Town’s best option because a Town should not be a developer, the revenue for the land tax will come back to the town, the parties will get more land and they will have more privacy since the land will not be sub divided. Attorney Frokjer explained that to vacate the un-built roads would be correcting something that has not been followed correctly for thirty years. He said that this is something the Town needs to correct. The process for vacating the roads will take approximately two to three months. This process includes some survey work, cul de sacs need to be created so everyone has access, there will need to be a special notice published, certified letters to land owners and a public hearing held.
George Vondrasek stated that a former Town Board had created this problem so why after 30 years do we want to change it now? He said that at that time his land was not even suppose to be included in the Assessor’s Plat but former Town Chairman George Lonsdort included his property on the subdivison plat.
Pam Zahn stated that we cannot change what happened 30 years ago but are here today to try to make things right.
Eugene Dehnel stated that he would like the subdivision plat and road to stay the same. He did not see any reason to vacate them after all this time.
Attorney Frokjer explained that the landowners had benefited all these years. They had use of land that they never paid taxes on or had been charged for leasing the land. Eugene Dehnel said that if the Town had sent him a bill for leasing the land he would have paid it.
Discussion followed regarding the length of 53rd, 55th and 57th that the Town is getting D.O.T. road aids on and where the cul de sacs should be built.
Attorney Frokjer explained that property owners will get more land. Hopefully they will work with the Town and give up the amount of land that the Town needs to build the cul de sacs. He drew a rough diagram showing a proposed plan for the cul de sacs and a driveway access to the Rosenau property.
Chair Hoenisch asked Deb Osterbrink how she accesses her horse stable.
Deb Osterbrink explained that she uses the current trail off of 55th Avenue and does not want anymore homes at the end of her road. She also had concerns about the 55th Avenue cul de sac being right in her front yard.
Attorney Frokjer explained that there would only be one home verses approximately seven if the subdivision roads were built and more lots sold. He explained how the Rosenau driveway access could be built on the western 33 foot strip of the road right of way and Deb Osterbrink would get the eastern 33 feet from the Town for her access to the horse stable.
Steve and Pam Zahn offered to purchase the 5.91 acres from Rose Rosenau which would eliminate several access issues. Rose Rosenau stated that the land was already spoken for.
Chair Hoenisch suggested that one solution may be for Rose Rosenau to pave 55th Avenue to Deb Osterbrink’s southern property line, then create a cul de sac. The Rosenau 5.91 acre parcel would then have access off the cul de sac. Attorney Frokjer stated that since these dead end roads were already over the 850 feet cul de sac requirement, it would be best not to extend it any further.
Eugene Dehnel asked what would happen if the land needed for the cul de sacs is not given up voluntarily. Attorney Frokjer explained that it was best for the Town if they give up the small amount needed for the cul de sacs because they are receiving more acreage due to the road area being vacated. If they do not donate the land then the Town will have to go thru the condemnation process. Attorney Frokjer stated that if the Town is forced to file condemnation papers it may as well ask the Judge for back lease for the Town land that has been used all these years for free.
More discussion regarding the subdivision issues followed. Chair Hoenisch suggested that everyone sleep on it. She suggested that all parties involved attend the Monday, September 10, 2007 Board Meeting at 7:30 p.m. This item will be on the agenda.
Supervisor Schult made a motion to adjourn at 9:17 p.m., seconded by Chair Hoenisch. Motion carried.
Respectfully submitted and approved on September 10, 2007.
Tammi Walter
Town of Maine Clerk
Last modified: 03/22/07.
Archive:
August 19, 2009 Board of Supervisors special meeting
August 13, 2009 Board of Supervisors special meeting
August 10, 2009 Board of Supervisors
July 27, 2009 Board of Supervisors special meeting
July 13, 2009 Board of Supervisors
July 6, 2009 Board of Supervisors special meeting
July 6, 2009 Board of Supervisors Special Meeting
June 29, 2009 Board of Supervisors special meeting
June 15, 2009 Board of Supervisors special meeting
June 8, 2009 Board of Supervisors Meeting