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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, April 6, 2006 at 7:00 p.m. at the Old Gravel Pit owned by Ozaukee County located on Hwy E, north of Jay Rd. The purpose of this meeting was to observe the high watermark flags at said location. The meeting was then reconvened at 7:32 p.m.in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, and Ronald Stadler. ABSENT: Tom Williams. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND MILWAUKEE JOURNAL SENTINEL.

MINUTES of the March 2, 2006 Plan Comm. meeting were sent to members in advance for review. MOTION Stadler to approve minutes as written; second Janik; carried.

PUBLIC COMMENTS: Jim Dingman, Tim Duenkl, Jane Dingman, and several others all expressed concern over rezone of the Gravel pit and reopening for mining operations. Concerns expressed were that of reduction of water table, hours of operation, (weekends). Scott Nesvold asked if were really in need of this pit as there are several in the area in use. Mueller answers with water table reduction must be proved. Mueller further advises this was last zoned in 1976 and is classified in the present plan which covers the period from 2000 through 2010 as a mining area. Cathy Stern advises she walked the property and is concerned about saving the natural area. Other concerns were those of reclamation of area once mining operation is completed. Chris Luft states that the County powers should not exceed the Town Board’s powers. Jim Karrels advises no mining operations are conducted over the weekend. Chris Luft comments on misuse of farm consolidation and land splits

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18; 25.22 AC. PARCEL ZONED A-2; FURTHER DISCUSSION FOR LAND DIVISION AND LIFTING OF OLD DEED RESTRICTION. ATTORNEY TO HANDLE (IS DEED RESTRICTION ON THE DEED OR ONLY IN THE MINUTES?) Kim Nugent appears in person and presents Deed and Title Policy for review by commission members. It is noted that Deed Restriction is not recorded on Deed nor Title Policy. Committee determines that land division will be allowed. Nugent presents plan for review. She is advised to contact a surveyor. Stadler questions policy as to when and how a Deed Restriction is lifted. Mueller advises that when the property is close to an area which is presently zoned R-2, the Restriction can be lifted. MOTION Armstrong to recommend to Town Board to lift Deed Restriction; second Lederer vote 5 to 1 with Stadler voting no. A Resolution will be drawn up and presented at the Town Board meeting on April 13, 2006.

MARK ROBINSON, N6928 HWY I (NE CORNER OF I AND JAY RD) TO PRESENT A CSM SHOWING AN EASMENT FOR THE 5 ACRE PARCEL HE WANTS TO CREATE FOR FINANCING PURPOSES. THE PARCEL IS ZONED MOSTLY C-1, AND POSSIBLY REACHES INTO THE R-2? A PERC TEST WILL ALSO BE REQUIRED 13.12 ACRES, SECTION 3 SECOND VISIT. Mark Robinson appears in person and presents CSM and perk test for review. All appears to be in order. Split of property is approximately 8.13 acres of bare land, with the residence being on a parcel of a little less than 5 acres. Surrounding area is zoned R-2 with some wetland area. No zoning change is needed at this time. MOTION Huiras to recommend approval of split to Town Board; second Janik; carried.

LAURA HUIRAS, REPRESENTED BY SCOTT ZIMDARS, TO PRESENT CSM DONE BY A SURVEYOR WHO WILL SHOW THAT A PART OF THE LAND DESIGNATED C-1(ON THE TOWN’S ZONING MAP). THIS PROPOSED 5 AC PARCEL IS NOT C-1, BUT RATHER SOME IS C-2 AND A-1. THE CSM LAND DIVISION REQUESTED IS FOR A 5 ACRE SPLIT OUT OF HUIRAS’ 162+ ACRES IN SECTION 22; PROPOSED LOT IS JUST EAST OF HER 5 ACRE HOME PARCEL AT W3727 BELGIUM KOHLER RD. PERC TEST HAS BEEN DONE. REZONE SHOULD BE AT TOWN’S EXPENSE BEING THAT MAP WAS WRONG. Scott Zimdars appears in person and advises that he does not have CSM as he is awaiting approval before proceeding any further. Members review and determine that zoning is incorrect. Zimdars is advised to get survey and appear at May 4, 2006 Plan Commission Meeting. He is further advised that a Public Hearing is needed to change the incorrect zoning from C-1 to C-2 on the 5 acre parcel only. Survey should determine what area is C-1 and C-2.

ROBERT HARNESS OF N5559 E CEDAR VALLEY RD REQUESTING PERMISSION TO BUILD A DETACHED GARAGE WITH A 12/12 ROOF PITCH TO MATCH HIS HOME. HIS HOME IS LOCATED IN THE R-2 DISTRICT WHICH ONLY ALLOWS A 12 FOOT HEIGHT. WOULD ORD. 17.28 (2)(F) APPLY? GARAGE WOULD BE ABOUT 15 FEET. Robert Harness appears in person along with Building Inspector, John Derler. Harness wants to match roof line of home and requests a 24’ x 30’ garage. Members review Ordinance 17.28(2).(f) Derler quotes Ordinance. Derler and Harness both advise garage would be built in a hill in back and match the home. Harness advises he has an area staked out now of a 24’ x 24’ garage. Members review and determine if this procedure is followed there would be no problem. MOTION Lederer to issue building permit; second Armstrong; carried.

FRED SALTZMANN, NE CORNER OF FAIRWAY AND FREDONIA KOHLER RD. SECTION 21, WOULD LIKE TO SPLIT OFF 5 ACRES OF HIS 24 ACRE PARCEL, WHICH IS ZONED A-2, WITH A DEED RESTRICTION ON THE DEED. HIS SISTER, NANCY HOFFMAN OWNS THE ADJOINING 24+ ACRES WITH THE SAME RESTRICTION. Fred Saltzman appears in person and presents CSM along with a letter. Saltzman advises this 5 acre parcel is very difficult to farm because of the small area and today’s large farm equipment making it hard to turn around. Members review Deed and find that there is a Deed Restriction listed on the property. Saltzman is advised that they cannot recommend split at this time because the property is zoned A-2 and the present Plan in effect covers the period from 2000 through 2010. The Deed Restriction was placed on this property in January 2003.

CONTINUE DISCUSSION WITH OZAUKEE COUNTY REGARDING REZONING OF THE OLD GRAVEL PIT; A 40 ACRE PARCEL OWNED BY OZAUKEE COUNTY ON HWY E, NORTH OF JAY RD., FROM A-1 AND C-1 TO M-3, TO ALLOW FOR MINING/HAULING OF SAND AND GRAVEL. Bob Dreblo of Ozaukee County appears along with Fred Kaul and Andy Holsbach of Ozaukee Co. Stuart Gross of Northern Environmental Technologies also appears.. It was noted that the Watermark flags were placed by the DNR. Stuart Gross gave a brief outline regarding issues relating to re-activating the Pit. He advised that issues important to the effort were divided into the following groups, Permits, Hydrology, Extent of Mineable Sand and Gravel Deposits, Extraction Plans and Methods and finally Site Restoration. Questions asked most often by residents in the area were that of damage to the Bog and the surrounding area. Andy Holsbach of Ozaukee County states that the County does own this 40 acre parcel and that they too are concerned about the Bog but believe this area can be mined without causing any harm to the Bog. Stern questions use of property once mining is completed. Dreblo responds that property would be sold and that the DNR would purchase the property. Jim Dingman requests to see reclamation plan before mining operation begins. Mueller says Reclamation Plan must be presented to Town Board. He also advises that a Bond must be posted for this purpose. A question arises as to why this particular area must be mined. Dreblo responds that the gravel from this area is more suitable for road construction. The gravel would be hauled to Saukville for crushing purposes. Questions arose as to what advantages are gained over mining versus buying from another area. Closest area to purchase gravel would be Waukesha and would incur greater costs because of travel distance. Fred Kaul of Ozaukee County advised that material for road construction is difficult to find and is needed to maintain good roads. Stadler says Ozaukee County Corp Counsel should put together a Conditional Use Permit on Reclamation for review by the Town. MOTION Lederer to proceed with rezone to M-3; second Stadler; carried. Members to work on Conditional Use Permit at next meeting. Matter to be scheduled for Public Hearing at a later date.

ADJOURN: MOTION Lederer to adjourn; second Armstrong; carried. Meeting adjourned at 9:39 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, March 2, 2006 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:30 p.m. and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Brian Huiras, Chris Janik, Robert Lederer, Ronald Stadler and Tom Williams. ABSENT: Tom Armstrong. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND MILWAUKEE JOURNAL SENTINEL.

MINUTES of the February 2, 2006 Plan Comm. meeting were sent to members in advance for review. Mueller stated minutes should be corrected to read gravel will not be crushed at the Town of Fredonia location but at the Lakeland site in the Town of Saukville. MOTION Huiras to approve minutes with correction; second Williams; carried.

PUBLIC COMMENTS: Jim Dingman read an article written in 1999 by the Journal-Sentinel stating Town Board supported the gravel pit area being preserved in its current state and that no mining would be conducted. Mueller responds that current plan adopted in 2000 thru 2010 calls for mining in the area. Sharon Nesvolt asked about lake on private property. Dreblow says the wetlands are not on County Property and stressed liability issues if trespassing on private property. Dreblow shows map of area and advises the gravel pit area is approximately 40 acres and that the wetlands are located on the north end of the property. He further stated that there are three residents in the area two at 750 feet and one at 1400. Dingman argues that area is wetlands. Dreblow reponds that he had Andy Holschbach from the County physically observe the area. Stern asks about excavating from property lines. Stern also asks about what happens to land after excavation complete. Dreblow responds the project would last approximately 5 years and the land would be restored with a park and lake which would have to be worked out between the County and the Town. Stadler questions value of sand and gravel. Sharon Nesvolt expressed great concern over restoration.

No appearance.

CONTINUE DISCUSSION WITH OZAUKEE COUNTY REGARDING OPENING THE OLD GRAVEL PIT FOR HAULING OF SAND; COUNTY HAS NEW REVISED PROPOSAL: Bob Dreblow appeared and presented a new map of area. Members review map along with Dingman and Nesvolt. Stadler asks about depth and says water is being drawn from wetlands. Dingman shows report he received and says a sink hole is created. Dreblow says report based on what is allowed by code. Williams asked if area was a study area by the DNR. Huiras asks about water level. Huiras and Stadler concerned about restoration level. Dreblow responds that Town would have a say should an agreement be drawn up. Dreblow requests rezone to M-3. Stadler questions agenda and says this was to be a discussion not a vote for rezone at this meeting and that a notice issue must be in place notifying all neighbors. Mueller responds that this is a continuation of the agenda item from February 2, 2006 meeting. MOTION Mueller to rezone area to M-3 for mining; second Lederer. Vote 4 to 2 with Huiras, Stadler, Janik and Williams voting no. Matter adjourned to April for rezone discussion. Dreblow will get map from Holschbach showing exact area of wetland.

LAURA HUIRAS, REQUESTING A 5 ACRE SPLIT OUT OF HER 162+ ACRES IN SECTION 22 WHICH IS ZONED A-1 AND C-1. PROPOSED LOT WOULD BE A-1 AND C-1, AND JUST EAST OF HER 5 ACRE HOME PARCEL AT W3727 BELGIUM KOHLER RD. WETLANDS TO BE MARKED OFF BY A REGISTERED SURVEYOR? Scott Zimdars appears on behalf of Laura Huiras and advises there are no wetlands mapped on the property. Zimdars presents a map for review. Janik says original maps were done by aerial photos. Zimdars will get registered surveyor on property and further advised that a perk test was done. MOTION Janik to approve proposed building site upon receipt of information from surveyor that area is not a wetland; second Williams; carried. Matter adjourned to April meeting.

BERNIE HEIMERL, N5438 LORAINE DR. WANTS TO BUILD A 40 X 60 SHED ON HIS LOT. SUBDIVISION IS ZONED R-2. Bernie Heimerl appeared and requested construction of a 40 x 60 foot shed for storage. Mueller says according to present ordinance, property in R-2 zoning area allows a maximum size of 1200 square feet. The only alternative is to make a request to the Board of Appeals. Heimerl was given a Board of Appeals application if he wants to pursue this.

MARK ROBINSON, N6928 HWY (NE CORNER OF I AND JAY RD) WOULD LIKE TO DISCUSS A POSSIBLE LAND DIVISION FOR FINANCING PURPOSES. HIS PARCEL IS ZONED MOSTLY C-1 AND POSSIBLY REACHES INTO THE R-2? 13.12 ACRES, SECTION 3. Mark Robinson appears and advises the bank wants the home on a 5 acre parcel for refinancing. Robinson is advised that he needs a CSM completed by a surveyor and showing a 66 foot easement to the rear of the property. Matter adjourned to April meeting

DISCUSSION WITH MEMBERS REGARDING POSSIBLE NEW STREET NUMBERS; BUILDING COMMITTEE PROGRESS; WHO WILL ATTEND THE WTA MEETING IN WEST BEND ON SATURDAY MARCH 25^TH. Mueller shows members green fire number sign. Lederer says larger numbers and signs that are blue in color are more visible at night. Fire number replacements will be discussed at annual meeting. Building Committee advises that several locations were discussed with property owners and committee is continuing to explore all options to be presented at the annual meeting. Members planing to attend WTA District Meeting in West Bend on March 25, 2006 are to contact the Clerk.

ADJOURN: MOTION Huiras to adjourn; second Stadler; carried. Meeting adjourned at 9:15 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, February 2, 2006 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting or order at 7:30 p.m. and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Robert Lederer, and Tom Williams. ABSENT: Chris Janik and Ronald Stadler. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND MILWAUKEE JOURNAL SENTINEL.

MINUTES of the January 5, 2006 Plan Comm. meeting were sent to members in advance for review. MOTION Williams to approve minutes as presented; second Huiras; carried.

PUBLIC COMMENTS: Christine Luft appeared and expressed discontent over her parents being approached for sale of land for possible construction of a Town Hall. She further stated that the Town should remain in Fire Dept. building or make use of the Americanism Center instead of spending taxpayer money. She also had a problem with the Town not having regular office hours. James Dingman, a resident of Oriole Lane expressed great concern over the County wanting to start mining operations in the area.

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18, 25.22 AC. PARCEL; ZONED A-2 REQUEST FOR LAND DIVISION; LIFT OLD DEED RESTRICTION/FIRST VISIT NEW PLAN. Mark & Kim Nugent presented a preliminary plan for land division. Members reviewed plan. Mueller advises a 66 foot easement is required. Mueller also stated he would contact Town Attorney regarding the lifting of the deed restriction on the entire property. Mueller tells Nugent to contact surrounding property owners about the restriction. Nugent commented that Jentges may object. Armstrong commented that there are circumstances that should be altered. Nugent also requested construction of a storage building prior to home construction. Members advise per Ordinance, that home construction must be started first. Mueller asks for advisory opinion of members regarding deed restriction. MOTION Lederer to lift deed restriction; second Armstrong; carried. This matter is adjourned to March meeting for further review.

LAURA HUIRAS, REQUEST FOR 5 ACRE SPLIT OUT OF 162+ ACRES IN SECTION 22, WHICH IS ZONED A-1 AND C-1. PROPOSED LOT WOULD BE IN A-1 AND C-1 JUST EAST OF 5 ACRE HOME PARCEL AT W3727 BELGIUM-KOHLER RD. Laura Huiras presented a preliminary map indicating location of proposed construction. Members review and noted that proposed area of construction is zoned C-1. Mueller advised Huiras to contact DNR to get the wetlands delineated; if it can be proved that it is not C-1, a rezoning of this area would be needed. He further advised a perk test would be needed.

DISCUSSION; OZ. CO. REQUEST TO OPEN OLD COUNTY PIT TO LEASE OUT FOR HAULING OF SAND AND LATER MINING OPERATIONS. CURRENT ZONING APPEARS TO BE C-2 AND C-1. PREVIOUS MINING WAS DONE PRIOR TO TOWN ZONING ON THIS 40 ACS OWNED BY COUNTY, LOCATED N. OF JAY RD AND E OF HWY E IN SECTION 5. ZONING CHANGE TO M-3 AND CUP NEEDED AS WELL AS FOLLOWING STATE STATUTES, COUNTY AND TOWN ORDINANCES AND REQUIREMENTS FOR THIS TYPE OF OPERATION, INCLUDING A RESTORATION PLAN AND ROAD BOND. Robert Dreblow, Ozaukee County Highway Commissioner presented the following facts: there are approximately 100,000 yards of sand at the location and the County would enter into a private contract for removal of the sand by a contractor. The gravel would be crushed at this location and then trucked to Saukville on Lakeland Rd. He estimated the removal of the sand would take approximately 5 years and believed this entire site would not be operating for more than 8 years total. He also said there would be no hot mix plant at this location. Dreblow also stated there would be reclamation of this area when mining is complete. Huiras said that he does not agree with this proposed plan as there are already three plants operating within this area. Jim Dingman of Oriole Lane stated that when he purchased his property he was told this pit was not operating for over 30 years. Huiras also expressed concern over land being restored as did many of the Town residents from that area. Mueller remarked that gravel is needed for construction of roads and part of the cost is based on distance traveled to deliver product to location. Juanita Winker says she does not want pit next to her residence. Sandy Koehler says a check with the DNR should be done as there is a lot of wildlife in this area. Christine Luft asks about material being brought in for reclamation. Lederer states if this property is sold to a private party the mineral rights are gone forever. Williams questions Dreblow as to why this is being done now. Dreblow said this pit is not actively being used at the present time and is an extension of the Lakeland pit . Stern poses question about an abandoned pit on Hwy Y and says she didn’t see any indication of reclamation done in this area. Dreblow responds that it was not required at that particular time. Sharon Nesvold of Oriole Lane expressed concern as did other residents over time period pit would be operating. She stated they would not be through in 8 years and was concerned over noise and reclamation of the area once the mining is complete. Jim Karrels invites residents to visit location of Hawthorne & Blueberry to observe some of the reclamation completed to date. He added that he would be happy to meet interested parties. Steve Paulus advises interested parties to visit County’s Lakeland Pit to view restoration. Mueller felt that after all of the above discussion he could not get a favorable recommendation from the Plan Commission. Mueller said perhaps the best solution is that the County speak to the residents in the area.

ROSE HASS LEIDER/LANCE TO PRESENT CSM WITH EASEMENT AND PERK TEST FOR REQUESTED LAND DIVISION FOR A SPLIT OF A 7+ ACRE PARCEL OUT OF THE 57 ACRE PARCEL ON HICKORY GROVE ROAD, SECTION 14, ZONED A-2 AND C-1. Rose Hass Leider presented a CSM indicating the location of the easement and proof of perk test. Members reviewed and approved the preliminary plan. MOTION Lederer to recommend approval of CSM to Town Board; second Williams, carried.

ADJOURN: MOTION Williams to adjourn; second Armstrong; carried. Meeting adjourned at 9:10 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, January 5, 2006 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:30 p.m. and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Ronald Stadler and Tom Williams. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND MILWAUKEE JOURNAL SENTINEL.

MINUTES of the December 1, 2005 Plan Comm. meeting were sent to members in advance for review. MOTION Armstrong to approve minutes as presented; second Huiras; carried.

PUBLIC COMMENTS: Bill Goehring of the Town of Sherman, a property owner in the Town of Fredonia had concerns about Oz.Cty.’s intention to reopen their old gravel pit on Hwy E, N of Jay Rd.

REQUEST FROM ROSE HASS LEIDER FOR A LAND DIVISION TO SPLIT A 7+ ACRE PARCEL OUT OF THE 57 ACRE PARCEL ON HICKORY GROVE RD. SECTION 14 ZONED A-2, AND SOME C-1 NEAR RR TRACKS. EASEMENT AND CSM TO BE PRESENTED: Rose Hass Leider presented a CSM indicating easement for review by members. Mueller asks for perk test results. Response by Leider is that property is to be given to her daughter and construction would not begin until a much later date. Mueller stated Town Ordinances require a perk test before approval of CSM. Lederer advises Leider to check with the County to determine length of time perk test results would remain in effect. Members all agree that Ordinance must be followed and a perk test is needed before approval of CSM.

REQUEST KAREN LEWIS N5821 FAIRWAY DR. SECTION 21, TO SPLIT OFF THE HOME AND BUILDINGS WITH ? ACS. FROM 90+ AC. PARCEL AND BUILD A NEW HOME ON A SMALLER PARCEL; LEWIS ALSO OWNS A 20+ AC ADJOINING PARCEL TO THE WEST OF THIS PARCEL. ZONING ON THE PARCEL IS MAINLY A-1 WITH SOME C-1: Karen Lewis presented members with copies of a plat map indicating the parcel and stated she would like the bare minimum split to construct a smaller residence. She said she wants as much as possible to remain in farmland. Lederer questions Lewis as to her present residence and if it is strictly being used as a residence and not for commercial purposes. Lewis responds that she has some staff at her current residence. Lederer advised that State regulations must be met if it is being used for business purposes. Mueller noted that Ordinances in effect for A-1 zoning require 35 acres minimum for construction. If she wishes to pursue a request for a smaller land division, rezoning would become necessary and she would need PC and TB approval.

PRELIMINARY DISCUSSION COUNTY’S REQUEST TO OPEN OLD COUNTY PIT TO LEASE IT OUT FOR MINING AND HAULING OF SAND AND LATER MINING OPERATIONS AND POSSIBLE ASPHALT PLANT: Mueller noted the County wants to haul the sand from the pit. The property must be rezoned to M-2, mining, and the County must approach the Town for said change; a CUP would also be required. Membership agrees.

ADJOURN: MOTION Stadler to adjourn; second Huiras; carried. Meeting adjourned at 8:17 p.m.

Respectfully submitted,

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