Stories from our March 6 edition
Dutch Boyz conditions and street vacation approved but may be decided in court
By Tom Collins
For the Times-Villager
A controversial step in the contentious Dutch Boyz Development saga was unanimously approved at Wednesday’s meeting of the Little Chute village board. However, the result may be decided in the Outagamie County Circuit Court Branch III court chambers of Judge Mitchell Metropoulos.
Following the opinions of three attorneys and numerous comments from attendees at two public hearings the matter came to motions and voting. Trustees unanimously approved the conditional vacation of a portion of West Lincoln Avenue that currently intersects with Madison Street.
They also unanimously approved a number of conditions on the Dutch Boyz development plan.
The votes followed two public hearings and some careful explanation of both legalese and audience questions over the street segment vacation.
The initial public hearing began at 6:02 p.m. to look at the West Lincoln Avenue segment considered for vacation. One can easily visualize that segment by looking at the current West Lincoln Avenue and counting three homes in on the north side of the street. That trapezoid-shaped street segment includes 11,095 square feet of street space.
Also affected are a home on the south side of the street, known as “parcel 319” on the official map. A triangular piece of land on the corner of West Lincoln and Madison Street, owned by Outagamie County, also would be involved.
Attorney David Van Lieshout began the discussion by noting the legal action he’d filed on behalf of West Lincoln Avenue residents. The matter would be considered by Judge Metropoulos.
“I don’t believe it’s legal in Wisconsin to conditionally vacate a street,” said Van Lieshout. “The problem I have with the proposed resolution is Wisconsin law does not discuss vacation.”
Van Lieshout said the effect of the resolution put an undue hardship on 17 residences on the street, especially not knowing when the street vacation might take place. He also tied in the Dutch Boyz project noting there is no developer agreement in writing nor does anyone know what is going to happen.
“You are putting a lot of burden on these people,” said Van Lieshout. “The better course of action is to build a new street, then vacate the existing street. Give some piece of mind to the people.”
“I disagree with attorney Van Lieshout,” offered Steve Frassetto of the Menn Law Firm on behalf of developer Jerry Van Dyn Hoven and the Dutch Boyz project. Frassetto noted a Wisconsin Supreme Court case involving the community of Delafield offered adequate precedent.
“I believe based on staff recommendations and the statutes you have the ability to move forward,” said Frassetto. “It makes no sense negotiating a developer’s agreement if you don’t have a project.”
The second public hearing quickly followed related to conditional use requirements for the proposed Dutch Boyz development. Once again attorney Frassetto stepped to the podium to highlight the project at its current stage — called “Option Four” by officials and attendees.
“Change is always difficult. People like the status quo — their neighbors and their neighborhood,” said Frassetto. “My client hoped the project would be a linchpin and not detract from the community. These are preliminary approvals that would allow the developer to proceed. We hope you will look at this in a favorable light.”
Among the public concerns were serious reservations over safety, with at least two observations that crossing the Madison and Lincoln intersection is difficult at best and often dangerous. The concept of additional people and traffic in the area would increase the problems.
Residents Tammy Frassetto and Dan Mahlik wondered why the third option had been set aside in favor of the current plan. Mahlik suggested it was the same plan, just twisted in a different direction.
“I don’t see how safety was alleviated one bit,” he said.
Mahlik also said an office and retail facility would be seen differently than a residential and retail center. He countered the idea that developer Van Dyn Hoven reached out to the neighborhood.
“That’s not so. Nothing else has ever been proposed,” said Mahlik. “I don’t think adding multi-family housing on a small street is the solution. It poses problems.”
The second public hearing closed at 6:40 p.m.
When the time came to consider the ordinance proposals, Trustee Janet Verstegen, Village Adminis-trator Chuck Kell and Village Attorney Charles Koehler prefaced the considerations with their remarks.
“I lived on the street [West Lincoln Avenue for 15 years,” noted Verstegen. “I’ve asked anyone I could about solving traffic on West Lincoln. It’s a dangerous intersection. I like the vacation and think it’s a good opportunity for us.”
“This isn’t some half-baked idea we came up with and tried to run through without legal advice,” said Kell. “We feel this protects the board. When there is a new street in place, there will be a vacation. The suggestion of Van Lieshout means there would be some chances taken.”
Koehler complimented the presentations of his legal counterparts. He said his position was based on the ability of municipalities to attach conditions to zoning. He said reasonable conditions — such as easements for utilities — are allowed. He said that came under the broad powers given to municipalities.
Koehler also reminded trustees their vote on the vacation matter required a two-thirds majority or five of the seven trustees voting for it because citizen petitions had been submitted.
Verstegen was asked if she would excuse herself from a vote as she did in a previous public hearing on the matter. She said things had changed in the interim. She sold her home on West Lincoln Avenue and said she had no financial interest in the proposed project. She said that she would participate in the vote this time.
Both Mahlik and Frassetto questioned the clarity of the so called green space — the portion south of West Lincoln Avenue. A letter from Van Dyn Hoven promised to dedicate it to being green but Mahlik, in particular, wanted it in legal form and as he put it “... clear, concise language.”
The board voted to flip the considerations on their agenda and take up the Dutch Boyz conditional uses first, then take up the street segment vacation.
Mahlik and Frassetto asked to have the considerations delayed or tabled until legal language was worked out. Frassetto countered the development would be “... spinning wheels” without a decision.
He also attempted to convey a sense of urgency referring to volatile interest rates and encouraging the village board to get past the conditional use stipulations and the street segment vacation so the development could take steps forward.
“The vote that is about to take place is a step in the process,” Koehler noted. “There is a next step that can further define these conditions.”
Prior to the formal motion enumerating the conditions, Verstegen offered her thoughts on the project.
“In 30 years, I’ve never seen a government body work as closely with a neighborhood,” offered Verstegen. “I believe this project will have a handsome western boundary for our community. Extra traffic will be going down West Lincoln and onto Main Street.”
She also warned of the consequences of turning down the conditional uses and stifling the project.
“I think Little Chute will be discarded before other projects are considered. All in all, I believe it’s in the best interest for Little Chute even though I know the neighbors are against it.”
“It could be a detraction, not an asset,” Mahlik countered from the audience. “Nobody has seen it. I thought you wanted everyone to look at the windmill.”
Trustee John Elrick, who along with trustee Skip Smith, attended home meetings with residents regarding the Dutch Boyz development and countered concerns, listed a number of conditions in his motion regarding the project.
Among them were detailed plans regarding landscaping and overall design of the proposed development as well as three-dimensional plans. He said the developer needed to show lighting, storm water and electrical plans as well. The so-called “green space” on the southeast corner of West Lincoln and Madison streets would remain undeveloped.
In addition, the developer would submit plans through the village’s committee and board approval process. Another condition related to the Fair Housing Act and said the residential units would include people 55 and older.
The conditions applied to the plans in the so called “Option Four,” the current site plan. They would not apply to any other project or design. Changes to the development and its current conditions would mean a step backward requiring the developer to revert back to the lengthy negotiation and public hearing processes.
The unanimous vote on the conditional uses was quickly followed by a motion to approve the vacation of the West Lincoln Avenue segment. The unanimous vote meant the board had surpassed the five vote majority required because of the petition.
The action of trustees allows some steps forward for the Dutch Boyz project.
Several audience members could be heard talking throughout the public hearings and discussions over the motions. At some points, it was difficult to hear the proceedings through all the buzzing and side comments.
Yet one comment from an audience member best captured what is next when she said to nobody in particular “We’ll see you in court.”
That’s the next hurdle the project must cross. Undoubtedly, West Lincoln Avenue residents, current trustees, trustee candidates, village officials, hundreds of petition signers as well as interested attorneys will be monitoring the outcome.
Combined Locks approves outdoor alcoholic beverage ordinance
By Judy Dixon Hebbe
For the Times-Villager
The Combined Locks Village Board approved an outdoor alcoholic beverage ordinance allowing local bars and taverns to serve alcohol in special areas outside the licensed premises from 10 a.m.-9 p.m. Sunday through Thursday and from 10 a.m.-10 p.m. Friday and Saturday.
The outdoor entertaining area must be less that 100 feet from a building used as a dwelling for human occupancy and zoned as residential; less than 50 percent of the gross floor area of the licensed premises, and be enclosed with a solid permanent barrier or screen that is not less than six feet high. Access to the outdoor entertaining area must only be through the main entrance to the premises.
No amplified music is permitted outside the enclosed premises nor in the outdoor entertaining area. A licensee shall not permit activities in the outdoor area which would constitute a nuisance. All alcohol sales shall be restricted to the enclosed licensed premises and bartenders shall be responsible for policing the outdoor area at all times it is open for operation. Building capacity shall remain the same as for the licensed premises. A licensee shall comply with all other applicable state statutes.
Existing businesses, which were established, licensed and authorized by the village prior to the adoption of this ordinance, are exempt from the setback provision, the entertaining area size restrictions and enclosure restrictions.
“This ordinance allows us to be prepared for what may come when the state smoking ban goes into effect on July 5,” Chief Scott Lund said.
Administrator Sean Hutchison announced that the village has received a local road improvement program grant in the amount of $34,320.45 from the State of Wisconsin, which will be applied to this summer’s road improvement project estimated to cost $167,278.
Hutchison also reviewed a letter he wrote to the Department of Natural Resources in response to rule changes for NR-151 covering storm water management. The 2013 guideline deadline is proposed to move back 10 years to 2023 and a cap on annual expenditures has been proposed. Noting that to date, Combined Locks has spent more than $1 million on storm water management on the village’s and Garners Creek Storm Water Utility efforts, Hutchison said, “Basically, we can’t afford what we’re doing on storm water management. We certainly cannot take on the phosphorous removal they are talking about.”
Kaukauna to stage popular musical, ‘Grease,’ next week
By Brian Roebke
Editor
One of the most popular modern musicals will come to the Kaukauna High School stage next week and cast members of “Grease,” have been having fun and working hard to put on a great show.
There will be two separate casts for the show because of the immense amount of talent and interest in the show, which will be held Thursday through Sunday at the Bernie Hupperts Center for the Performing Arts.
Picking this show was an easy task for director Rosalyn Bauer, a choir teacher at River View Middle School who’s seen many of the 74 cast members grow from children to young adults.
“I thought it fit the students we have here right now,” she said. “It’s a cast of many, so it gave so many students an opportunity to have a leading part.”
She said the show is fun and the kids are loving it. “I think the community will enjoy it as well,” she said.
Last spring, Bauer double casted for “Aida,” and did so again this spring.
“We just have a lot of talent,” she said. “And I want them to have the ability to learn and grow more and that’s why.”
That has to be a tribute to the school district to be able to have double casts for shows in back-to-back years.
“Absolutely,” Bauer said. “When I looked at casting it with a single cast we just couldn’t make use of all the kids that really are talented enough to be out there in front.”
There are also some relative newcomers who now will have an opportunity they ordinarily wouldn’t.
“Otherwise we would have had to cut them, and then they’re not learning,” Bauer said. “I think it just helps us in future years too.”
The play was originally written in 1972 by Jim Jacobs and Warren Casey about a 1950s working class Chicago neighborhood. Set in 1959 at Rydell High School, the show’s language has been calmed down from the original script, and was made into a popular movie starring Olivia Newton-John and John Travolta in 1978.
“A couple of these students I’ve had for seven years now, so it’s going to be bittersweet,” Bauer said. “Seeing them graduate and move on to bigger things, but they’ve worked very hard.”
For the actor who plays Danny, Nick Weber, it’s going to be a different role for him than usual.
“He often has been cast as more of a nemesis or evil person in a show, so it’s good for him to try to expand and try to play the hero this year,” Bauer said.
The other Danny, David Grube, is in his first show. “His mom said she’s been trying to convince him for years,” Bauer said. “He was in the Appleton Boychoir and he sang in choir, so it’s good for him.”
Sam Kurutz and Morgan Brewster will be playing the role of Sandy. Bauer has also been directing Kurutz for seven years, and she thinks Brewster was born to play the role.
“She said it was her favorite movie as a kid and she’s grown up singing the songs, and it’s very evident,” Bauer said.
A senior headed to the Berklee College of Music, Jacklyn Krutz, plays Rizzo. “What a talented lady, what a voice,” Bauer said, adding that everyone is talented, has such depth, and has been a delight to direct.
Quinn Barrington was in the middle school version of the show, “Nifty Fifties,” two years ago at River View Middle School.
“Compared to Nifty Fifties, it has a lot more depth and complexity,” he said. “The last one was mostly a silly show and this one has some serious aspects.”
The language and subject matter is more mature in “Grease,: and Barrington said it’s more complicated as well.
“We actually dance in this one,” he said. “In the last one, all our dances were sitting at tables.”
Two years ago he was a greaser, but this year he’s playing the radio announcer.
Barrington originally thought it was a fun show but he’s found it to be challenging since he’s gone through rehearsals.
“I wasn’t sure if I would like it as much as middle school shows because it’s more commitment, but I liked it as we went on because it’s bigger and it’s more fun to actually do because the other ones you didn’t really do much. This show, you do a lot, and that was fun too.”
As a freshman, he’s learning from the older cast members including his brother, Brock, a senior.
“He’s taught me since I was little that I should do shows and I liked it, so then I did, and all the other guys taught me that you can still goof around and be funny while you’re doing this, and most of the time it can fit your character,” he said.
The brothers have done skits together but never a full-fledged show.
“That was one of the main reasons I did it this year,” he said. “I wanted to be in a show with him.”
Kylie Schroeder, a senior, plays Marty, one of the pink ladies in her last role as a high school student.
“Marty tries to be sophisticated and more grown up than all the other girls but sometimes it just blows up in her face and she ends up looking immature, but she’s not immature, she’s a high school student,” she said.
Marty has a boyfriend in the Marines in Japan and he sends her things, and she wants to get past high school and go out into the world.
Schroeder has been in theater throughout high school as well as community theatre and thinks this show will be a good one to end it.
“It’s a lot of fun, especially since it’s something a lot of people know,” she said. “It’s a pretty popular show.”
Because the public is very familiar with the storyline, Schroeder thinks it puts pressure on the cast.
“People kind of come to the show expecting something if they’ve seen the movie,” she said. “It also gives us something to look at and say, ‘is this what we want to do, do we want to make the different, our own,’ so I think it gives it both sides.”
