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July 14, 2009 Public Hearing
Minutes of the July 14, 2009 Public Hearing
Chairman Sturgeon called the Public Hearing to order at 10:00 AM. Those attending were Chairman Sturgeon, Supervisor Osfar, Supervisor Misiak, Clerk Allis and Town’s Attorney Keith Kost. In the audience were Attorney Dennis Burgy, Forrest Jukich, Gary Allis, Ed Sattersten, Valentina Froh, Rob Schmidt, Jr., and Rob Schmidt, Sr.The Town’s Attorney Keith Kost stated this is a Public Hearing upon the application of Forrest Jukich to lay out a town road in the Town of Winchester. Mr. Jukich is represented by Attorney Dennis Burgy. Attorney Burgy stated he filed the notices with the Town Clerk, Ruth Allis. All the required people required by State Statute have received notices - Robert & Peggy Growe, Randy & Rhonda Trapp, Ernest Krumme, Jr., Valentian Froh, Dept of Transportation, Dept of Natural Resources and Chuck Ahlborn, Land & Water Conservation Committee. Dennis Burgy stated this is an application to open a platted road. Attachments are applied to the application. The statutes state that the road is to be 50’ wide, but the town has the discretion to make it a different width. This area we are dealing with was known as Turtle Lake Resort Subdivision Plat F. This was the original plat approved by the Town Board in 1926. They also approved the original roadway, Yolanda Drive. This is the background on how the road was created. Once the Town Board approves a roadway, that road is held in trust on a plat for future use as it may be required to provide access to particular lots in the plat. Mr. Jukich purchased these lots, 7 through 16, approximately three years ago. He received a clear title. One of the things for a clear title is whether or not the property has clear access to the lots. The title company stated he had access, the lots are on a platted road that the town has not open as yet because there was no need to open the road. Now that the lots are purchased, there is need for a road access. Mr. Jukich has never made formal application. He spoke with the Town Board in the past; they denied his request to open the road and he was advised he would have to go through legal proceedings. Mr. Jukich has filed an application to open the road. He has asked as an alternative if the town elects not to open the road, if he could be granted permission to put in a private road that would access the lots in question. Mr. Jukich has combined lots and had them resurveyed so the lots are at least 100 feet, then the plan was to sell them. He had one sale and possibly two sales lined up which would have helped him with his mortgage. But, because there was no access initially, the sales fell through. The bank that holds the mortgage is in the process of foreclosure. When the surveyor surveyed the property, he called the Army Corp of Engineering out and did a wetlands boundary. The three southern lots, 7 & 8, 9 & 10, 11 & 12, they would be accessed on high ground, not a wetland ground. To access lots 13 & 14 and 15 & 16 there is some marsh going across the road which a culvert would be required in that location. If there was approval to open the road it would be contingent on getting the required permits and whatever is needed to put the culvert in that location for the last two lots. Mr. Trapp has purchased lot 7 and there is a driveway that was put in over a portion of the road to get to lot 7. So, Mr. Jukich purchased the land, was told he had access and now is requesting the town for access. He is requesting the platted road held in trust for the town be opened or an alternative the town grant him easement to put in his own road. Attorney Kost stated the statute requests the roadway to be 66’, if the Town Board would make the roadway, would Mr. Jukick approve the town taking the additional 16’ from the west side of his lots? Mr. Jukich stated that would be alright with him. Attorney Kost asked if it was Mr. Jukich’s intention to bear the cost of opening the roadway or the town to bear the costs? Mr. Jukich stated he initially went to the town for permission to put in a driveway, but the town refused. Mr. Jukich stated he would bear the cost to put in the roadway. Attorney Kost asked if the town has certain specifications for the width of a road would he bear that, along with the culvert and everything? Mr. Jukich stated he would have to go to the Army Corp and get permission for the culvert. Mr. Burgy stated things have changed somewhat since the land is under foreclosure. Attorney Kost asked is he talked to the bank, if the town approves the road will they stay the foreclosure? They final judgment for the foreclosure is September. Mr. Burgy stated Forrest Jukich would be willing to put in the roadway. He will request that the road not be any wider than what is necessary for fire protection purposes. Attorney Kost asked if Mr. Jukich had any cost estimates? Mr. Jukich did not receive any estimates, but he had someone look at it. Mr. Burgy stated it takes a Shoreline Alteration Permit to put in a roadway and they wouldn’t consider doing that unless there was permission given by the town. Attorney Kost asked what if the town discontinued the road, would your client and whoever owns lot 19 get 25’ each? Mr. Burgy stated if it were discontinued the first 50-60 feet, half would revert to lot 7 and a small triangle would go to the parcels south of that. If the town would put a road in to the NW corner of lot 7 and vacate the rest of the road, Mr. Jukich would get half and Ms. Froh would get half of the road. This would be easier for Mr. Jukich. That way the town would not be in control. Mr. Jukich would be willing to bear the expense to put in the small part of the road to the NW corner of lot 7. Public comments were taken at this time. Chairman Sturgeon stated the first 100’ would be a town road in which Mr. Jukich would pay the cost. Supervisor Osfar clarified the Mr. Jukich would cover all the other costs for the construction of the drive north of lot 7. Rob Schmidt, Jr. asked what standards would the town use for the first 100’ of the road? Chairman Sturgeon stated the town has a standard ordinance. Mr. Burgy stated the first 75’ Mr. Jukick would not own it, should the town do the work on the road so they would know it is up to town specifications and Mr. Jukich would reimburse the town for the work. Attorney Kost stated Mr. Jukich could put the money in escrow before the work is done. Mr. Burgy stated for the record that Mr. & Mrs. Jukich would amend their application to provide that the town put in a road up to the NW corner of lot 7 of Plat F of the Turtle Lake Subdivision and all of the roadway north of that to the end of lot 16 be discontinued. Supervisor Osfar stated that Mr. Jukich needs to have the width of the road at least 20-24’ wide leading into the additional lots for emergency vehicles. Attorney Kost had the Town Clerk mark the legal size map of Yolanda Drive as Exhibit #1, the Turtle Lake Subdivision Plat F as Exhibit #2 and the Affidavit of Mailings as Exhibit #3. Attorney Kost stated the application and the three exhibits are all part of the record of this Public Hearing. Chairman Sturgeon closed the Public Hearing at 10:40 AM. Supervisor Misiak made a motion to go into closed session under SS19.85(g) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Supervisor Osfar seconded and the motion carried. Roll call vote: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Those attending closed session are: Chairman Sturgeon, Supervisor Osfar, Supervisor Misiak, Clerk Allis and Attorney Keith Kost.Supervisor Osfar made a motion to reconvene into open session. Supervisor Misiak seconded and the motion carried.Attorney Kost asked Mr. Burgy if he had anymore information for the Town Board. Mr. Burgy was informed by Mr. Jukich that Mr. Trapp, who owns lot 7, would give easement to the part adjacent to his lot. If that is the case, the only portion that would be town road would be the first 32.08 feet. Mr. Jukich stated he could get the easement from him within 7 days. Mr. Burgy stated when that easement is secured an alternative would be only the first 32 feet be town road. Attorney Kost stated the town ordinance requests the road be 66’wide. Mr. Burgy stated they spoke with Ms. Froh and she is alright with the road going 16 feet into her property. If the Board would do this, it would be contingent on Mr. Jukich to get a deed to the town on that 16 feet where the road goes up from that 32’ of road on lot 7 on up. Mr. Burgy stated Ms. Froh would sign a deed for the 16 feet strip of land along the roadway. Attorney Kost clarified, if the town would make a motion that was in the alternative, had a town road going from the NW corner of lot 7, accept that in 10 days an easement is worked out with Mr. Trapp for that part of lot 7, the town road would only go to the NW corner lot 6 which is about 32 feet and part of that they have obtained from Ms. Froh. They need a deed for her 16 feet of her property to the town so that you are following the town’s road ordinance. Mr. Burgy asked is an easement would work instead of a deed? Attorney Kost stated the ordinance states 66’ so either way it would work out. Supervisor Osfar made a motion to close the Public Hearing. Supervisor Misiak seconded and the motion carried. The Public Hearing was closed at 11:00 AM.Respectfully submitted,Ruth AllisTown ClerkMinutes of the July 14, 2009 Special Town Board MeetingChairman Sturgeon called the meeting to order at 11:00 AM. Those attending were Chairman Sturgeon, Supervisor Osfar, Supervisor Misiak and Clerk Allis. Also attending were Town’s Attorney Keith Kost, Attorney Burgy, Forrest Jukich and Valentina Froh.Supervisor Misiak made a motion to approve the agenda at the discretion of the Chairman. Supervisor Osfar seconded and the motion carried.Supervisor Osfar made a motion to approve the Board Members attendance at the July 28, 2009 workshop in Minocqua – Our Changing Lakes Low Lake Levels in Northern Wisconsin. Supervisor Misiak seconded and the motion carried.Discussion held regarding Forrest & Donna Jukich’s claim. Supervisor Misiak made a motion that the Town of Winchester vacate Yolanda Drive from the Northwest corner of Lot #7 to the North end of Lot #16. Supervisor Osfar seconded. Supervisor Osfar adopts a motion to amend the original motion that if Forrest Jukich is able to obtain easement over Lot #7, within 10 days to himself for road purposes, the Town Board will vacate from the Northwest corner of Lot #6 through Lot #16. Supervisor Misiak seconded. Vote on amendment #1 to motion: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Motion carried.Supervisor Misiak adopts a motion to amend the original motion that Forrest Jukich provide to the Town an easement of 16 feet attached to the platted road from Ms. Froh for either Lot #6 or Lot #7 depending on the easement he obtains from Mr. Trapp. This will comply with the town ordinance for a road to be 66 feet wide. Supervisor Osfar seconded. Vote on amendment #2 to motion: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Motion carried.Supervisor Osfar adopts a motion to amend the original motion that Mr. Jukich be responsible for all costs, surveying, deeds, etc, and to put that section of the road up to town specifications by November 15, 2009. Supervisor Misiak seconded. Vote on amendment #3 to motion: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Motion carried.Supervisor Misiak adopts a motion to amend the original motion that part of Yolanda Drive that represents the West of Lot #6 or Lot #7 will be a town road based on the forgoing amendments we have. Supervisor Osfar seconded. Vote on amendment #4 to motion: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Motion carried.Supervisor Osfar makes a motion to approve the original motion as amended four times. Supervisor Misiak seconded. Vote on the original motion as amended: Chairman Sturgeon, aye; Supervisor Osfar, aye; Supervisor Misiak, aye. Motion carried.Supervisor Osfar made a motion to adjourn. Chairman Sturgeon seconded and the motion carried.
The meeting adjourned at 11:25 AM.
Respectfully submitted,
Ruth Allis, Town Clerk
Archive:
January 16, 2012 Special Town Board Meeting Minutes
January 3, 2012 Monthly Meeting Minutes
December 27, 2011 Special Town Board Meeting/Meeting of Electors
December 5, 2011 Monthly Meeting Minutes
November 7, 2011 Monthly Meeting Minutes
November 4, 2011 Special Town Board Meeting Minutes
October 26, 2011 Monthly Meeting Minutes
October 11, 2011 Special Town Board Meeting
October 3, 2011 Monthly Meeting
October 3, 2011 Monthly Meeting