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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
August 13, 2001 REGULAR BOARD MEETING 7:30 p.m. Meeting was called to order with Gary Beck, Wayne Schrader and Nancy Klemko present. Betty Novy, Clerk, and Colleen Holder, Treasurer, were also present. Wayne moved, 2nd by Nancy to approve July 9, 2001 and July 18, 2001 minutes as printed. Motion carried. Nancy moved, 2nd by Gary to approve August disbursements as presented. Motion carried. Treasurer’s ReportColleen reported the following balances: TOWN GENERAL FUND BALANCE $282,665.46 TOWN MONEY MARKET BALANCE $220,842.98 PARK AND RECREATION BALANCE $20,728.81 HONEY LAKE FUND BALANCE $13,977.21 TOWN ROAD FUND BALANCE $39,888.58 SEWER UTILITY GENERAL BALANCE $13,273.20 SEWER UTILITY MMA BALANCE $41,687.33 SEWER UTILITY CD’S $138.873.73 Availability of Sewer funds was discussed. The Town may need to provide partial funding for the Fox River Prairie Lift Station. Colleen will report C.D. due dates at the September meeting. Roadman ReportGary Chart reported street name signs for Ridge Line and Fox View have been ordered and will be installed this month, each pointing in direction of the respective roads in order to help drivers better locate the road. Gary B. reiterated any new signs are to have a 6-inch letter height. Posts on Honey Lake Road are yet to be installed. Due to extreme heat last month, the project did not get done. Clerk’s ReportBetty questioned whether farming equipment has been removed from Earl Squire’s property, as notice has been sent. The answer was no. A complaint made by Jack Givens, N. River Road, regarding speeding and loud music on the street was discussed. Clerk is to send letter to the Sheriff’s Department requesting special attention be paid to this area. Developer’s Agreement: Fox River Prairie Subdivision. The clerk reported that Mike Doble, Golden Fields Development, called and explained they would not be ready to discuss this issue until September. The item was tabled. Request to turn Outlot #1: Scotsdale Estates into a buildable lot: Paul Weber. Mr. Weber was not in attendance. The item was tabled. Conditional Use Application; N7254 Honey Creek Road: to construct a wireless telecommunications service facility consisting of a 180’ tall lattice tower with an 11 x 24’ support structure to be located within a 50’ x 50’ lease area: Site Acquisition Consultants for William and Loretta Gendrich. (Parcel #03-19-06-006-002 41.52 acres) Yvonne Murray appeared on behalf of Site Acquisition Consultants (hereinafter referred to as S.A.C.). Yvonne explained this tower will have initial antennae placed at the very top position; at least three other companies will be able to co-locate on this tower. In regards to height comparison, it was explained the Rowntree Road tower is 196 feet, this tower is 180 feet. Correspondence from Leonard & Jeremy Arnout’s attorney was read by Board members. The Arnouts feel the tower should be located at least 900 - 1000 feet away from their property, as this consideration was given to Honey Creek neighbors when the tower was considered for placement on their property originally. Gary questioned how far the tower would have been from the Arnout's home if it had been placed on their property. Arnouts responded 300 – 400 feet. Gary cites a possible reason Plan Commission members recommended approval on the Gendrich location (vs. the Arnouts) was the amount of concern shown by neighbors. The Arnout property generated a lot of opposition from neighbors. The Gendrich location is only being opposed by the Arnouts. Leonard Arnouts goes back to Plan Commission minutes on their proposed location, indicating the Plan Commission directed S.A.C. to attempt location east of the railroad tracks. They also directed S.A.C. to contact Payne and Dolan and International Product Specialists as potential locales. Arnouts question why this was not insisted upon. S.A.C. representatives merely stated Payne & Dolan was not located within their search grid, and IPS had “environmental concerns”. Wayne indicates he would like to see rejection letters from Payne and Dolan and International Production Specialists which indicate S.A.C. at least approached them as potential locations. He would also like “environmental concerns” defined and the amount of money offered for site location specified in those letters. Nancy would also like to see letters and be able to tour potential cell tower sites when they are proposed. Wayne moved, 2nd by Nancy to table this issue until proof of denial from alternate locations, or verification from an engineer as to why Payne & Dolan or I.P.S. sites cannot be utilized, specifying any environmental issues, is obtained. Motion carried. Yvonne indicates Payne and Dolan is too far east for their grid pattern and questions whether a statement from one of their Radio Frequency engineers would be sufficient. Gary clarifies the Town would have to pay for an unbiased engineer to make this determination. Conditional Use Permit Changes: Payne & Dolan’s Honey Creek Site: to update sand and gravel mining and asphalt plant permit and comply with new State mining restoration requirements: Edward A. Reesman (Parcel #03-19-06-010-000 & 03-19-06-001-000 154 acres). Ed distributed a newly revised document to the Board which incorporates changes requested by the Town of Waterford Board and Town of Rochester Plan Commission. This document includes legal description of park land to be donated to the Towns of Waterford and Rochester, and also includes clarification of Payne and Dolan's intent to correct any problems with neighboring wells within 2500 feet after work on their lake is initiated. The permit needed to be reviewed as several requirements contradicted with both new and existing State and Federal regulations. Changes to the permit include: request to utilize 300,000 yards of excess topsoil which will not be needed for restoration due to formation of lakes and ponds on the site; clarification of Payne and Dolan’s responsibility to drill new wells or deepen wells if contamination occurs within 2500 feet of their pit; permission to place one exterior fence with warning signs every 200 feet vs. fencing every individual pond; and expansion of Saturday operating hours to a number greater than the existing 10 Saturdays a year limit. The Town of Waterford approved 30 Saturdays yearly from 6:00 a.m. to 2:00 p.m. It was explained Rochester’s Plan Commission had concerns about increased truck traffic on Washington Avenue. Ed asked that, if Rochester offers less operating Saturdays for Payne and Dolan than Waterford, that they consider at least allowing gravel extraction operations for up to 30 Saturdays. They would then exit trucks on the Waterford side, avoiding Washington Ave. Wayne indicates no problems with Payne and Dolan trucks. He lives on Washington Avenue and observes trucks routinely passing his home and decreasing their speeds in observance of speed limit signs posted there. Gary questions whether any claims have been made against Payne and Dolan in regards to well contamination. Ed responds no. Gary indicates gravel is now being transported out of the pit in three ways, by train, Washington Avenue and Hwy. 20. He feels this takes some pressure off Washington Avenue traffic in itself. He sees no problem with granting additional Saturdays. Gary moved, 2nd by Nancy to approve changes to Payne and Dolan’s conditional use permit to include 30 Saturdays per year with hours specified in the updated proposal. Motion carried. Case/Eagle Park Ball Diamond Improvement Bids and Prices. Prices are gone over as follows: Asphalt site preparation. J.D. Trucking and Landscape: $3,374.00. Supply and Laying of Asphalt: J.D. Trucking & Landscape: $8,100; Payne and Dolan: $4,792.50. Fencing of Players Benches: Century Fence, $4,339. Installation of four Foul Poles: Century Fence, $1,485 ($275 deduct if done at same time as other projects). Fencing of Metro enclosure: Century Fence, $1,862; Four 20-foot portable aluminum players benches with backs: Kay-Park: $2,464, Miracle Recreation: $2,954. Jim Dignin indicated his bid included 4” of asphalt vs. 2 ½”. Discussion followed as to trucks driving over the asphalt. It was determined fencing the Metro in another location will take away the need for trucks to drive over the asphalt. 2 ½ inches of asphalt was determined as sufficient. Gary moved, 2nd by Wayne to do the following: have J.D. Trucking and Landscape perform site preparation at $3,374; have Payne & Dolan supply and lay the asphalt at a cost not to exceed $4,792.50; have Century Fence install fencing around four players benches for $4,339, four steel foul posts at $1,485 (with a $275 price deduction), fencing around a 10’ x 10’ asphalt location for metros at $1,862; and to order four 20 foot aluminum player’s benches from Kay Park at $2,464 for a project total of $18,041.50. Motion carried. Rowntree Road Pavement Issues. Jim Dignin reports while checking weeds last week in the right of way, his truck tires sunk into the pavement. Ruts have been made in the road by kids drag racing; both lanes have ¼ inch deep tire tracks, at least 30 feet in length. Board consensus was to direct the Town Engineer, Jim Schilling, to inspect the roads. Jim indicates he does not want to be liable if his tractor tires skuff the road while mowing the right of way. Additions to Conditional Use Permit: Boarding kennel, hunt club and game farm: Hwy. DD, Thomas Waite: agent for Leo Naroditsky (Parcel #03-19-07-001-000). Gary explains this issue is coming back to the Town for input on establishing additional restrictions to what the County imposes. The Board reviews a draft copy of conditions imposed by the County. Gary states his only addition would be establishment of a shooting buffer from parcel boundaries. He questions what is a reasonable distance when shooting towards a property line before a shell loses its forward momentum. Mike Hensel indicates dependence on which kind of firearm is being used. Thomas Waite indicates this would be light load shot guns; by 150 feet shells have lost 85% of their trajectory. He states a 50 foot buffer is used in public hunting grounds which exist within ¼ mile of this property. Jim Nabor suggests a restriction that guns never be pointed at the lot line as an alternative restriction. He reminds those present that there is nothing in place which now prevents people from hunting on the property. Thomas explains there are only two areas where shot would go towards an open field. Otherwise, all parcel boundaries are heavily wooded. Wayne brings up Mark Uttech’s new pole building, stating Mark would not appreciate his building being shot up. Thomas explains all shooting would take place on grounds east of the railroad tracks. Mark’s building would not be in the way. He further explains Mark showed up at the County hearing in favor of his development. Gary would feel safer putting in some type of shooting buffer. Thomas suggests mowing a strip outside of the field to mark the buffer. He also states mowing will eliminate wildlife presence in that particular area, thereby creating less of a reason to shoot there. Wayne expresses concern over noise. Thomas explains hunting would be restricted to November 1 – April 15th; this is a time of year when most people have their windows closed. He proposes two 3-hour hunt times. One from 9:00 a.m. until noon and one from 1:00 p.m. until 3 or 4:00 p.m. Topography and wind are identified as the biggest factors determining how far noise travels. Thomas states consultation with neighbors indicates northwest winds are dominant in this location. Gary suggests proposing a discharge setback from the property line, but leaving the distance to the County. Thomas asks the Town Board be more specific. Gary moved, 2nd by Nancy to send a letter to Racine County adding a 50’ setback from the property line for discharge of a weapon. Motion carried. Quote for new portable radio: Mike Hensel, Constable. Mike presents two quotes: one through Racine County Sheriff’s Department for $1,072.50 and one from Radcom Communications. Although the Racine County option comes with more accessories, he would have to wait until March of 2002 to order it. Mike does not feel the additional accessories are worth it. Gary questions whether there is enough for this item in the budget. The clerk indicates this may require a budget amendment, but we can accommodate the purchase. Gary moved, 2nd by Wayne to purchase the radio from Radcom Communications for $1,067.00. Motion carried. Country Aire Estates Seal Coating. Gary explains his feeling the Board should correct the error made last year by applying an experimental seal coat surface. Wayne explains he looked at the road today and considers re-seal coating an unnecessary expense incurred by the Town of Rochester. He sees nothing wrong with it. Nancy indicates she drove the road. She feels the road only needs to be swept. She also drove roads in the Town of Norway with this same application on it. She indicates there were people on the road riding bikes and walking. She sees no problems with it. Marge Schmidt, 2320 Knoll Terrace, indicates the Town of Norway applied this seal coat in their Nordic Ridge subdivision and experienced nothing but trouble with it. She indicates her opinion the road needs to be re-sealed. Ken Schmidt, 2320 Knoll Terrace, indicates rubbing his hand against this surface cuts his hand. This is not a smooth surface. Charlene Fouch, 29629 Fernwood Drive, indicates dissatisfaction with crack-filling. She has a red Firebird and has been cleaning tar off the sides and back of the car for months. She complains she cannot take her dog for a walk because of the tar, and that kids can not ride their bikes or roller-blade in the subdivision. She has sticky tar all over her driveway. Dick Mogensen, 29700 Clover Lane, indicates the crack-fill material is still sticky. He feels they used the wrong type of material. Buzz Hurley indicates his feeling the road should just be over-layed with asphalt next year. He states no one in the subdivision is going to be happy with another seal coat. Gary indicates cost of an asphalt overlay would be too great. A Birdseye seal coat would put the roads in good shape for six years. Gary moved, 2nd by Nancy to direct the Town engineer to advertise for bids for seal coating roads in the Greil-Mehring and Country Aire subdivisions with stipulation that they use Birds Eye Seal coat, that it be rolled with a roller and swept within 15 – 20 days after application. Votes were Gary- Aye, Nancy- Aye, and Wayne- Aye (under protest). Motion carried. Ordinance 2-2001 “Chapter XXXVI- Nuisance- Motor Vehicle Tracks”. Nancy moved, 2nd by Wayne to adopt the ordinance. Motion carried. Clerk is to check what other municipalities have in place for this type of situation for further consideration. Recommendation from Racine County on re-naming N. River Road. Correspondence was read from Racine County indicating a change in names from N. River Road to S. River Road in the Town of Rochester does not fit in with their Uniform Street Naming and Property Numbering System. The options to the Town would be to leave the name the same – or change the name entirely. Consensus of the Board was to leave the name the same and purchase a street name sign to be installed on Highway 36 pointing to N. River Road. Quotes on multi-media projectors. Quotes were presented as follows: AV Marketplace: Proxima DX2 $2,795; Office Depot: 3M MP7630AV $2,899 or ViewSonic PJ885 Litebird Projector $2,399. Discussion followed as to warranties, product guarantees and as to whether the Village of Rochester might consider cost-sharing on this item. Nancy moved, 2nd by Gary to purchase the Proxima multi-media projector and to check with the Village if they would be interested in cost sharing. Motion carried. Oaks-Jung Gravel Pit Agreement. Wayne reported Oaks-Jung has not complied with the following items from the October 2000 agreement: dust control measures, weed cutting, warning sign placement, replacement of a current culvert with a 36” diameter culvert (as specified by Crispell-Snyder), and digging of a water retention area on the east side of the haul road driveway. Atty. Phenicie sent a notice to comply. They have responded indicating these items will be completed by the end of August. Wayne will keep in touch with Attorney Phenicie to insure items are completed in a timely manner. County imposed $50 for CSM Review. Correspondence was read from Racine County indicating imposition of this fee with question as to how the fee will be collected. Consensus of the Board was the Town Clerk shall collect the additional $50 fee when Town CSM fees are paid. A letter should be sent to Racine County indicating this procedure. Use of Town meeting room for “Day in the Country” event Saturday, September 22nd. The clerk explained a scheduling mix-up with rental of the back room for a pancake breakfast on this date. This conflicts with use of the back room as a show area for crafters. The Rochester Business Owners Association asked permission to use the Town meeting room for four craft booths. Consensus of the Board was this is okay. Conditional Use Permit; ParkView Sand & Gravel, 31844 Washington Avenue, Request for any additional conditions imposed by the Town for a 2-year extension to continue sand & gravel extraction operation with crushing & washing (Parcel #03-19-03-021-000, 03-19-03-025-000 & 03-19-03-028-000 – 126 acres). Wayne indicates #6 of the Town gravel permit stating “No gravel washing shall be permitted at any time as part of the proposed operation” is not in agreement with Parkview’s operations. Consensus of the Board was this item should be deleted from future permit renewals. Further consensus of the Board was to impose no additional conditions to County use restrictions on this business. However, concern over item #26 “All main hauling roads throughout the entire pit must be maintained in an all-weather, dust-fee condition…..” should be expressed to Racine County. This restriction is not routinely observed. Public Comment: There was none. Nancy moved, 2nd by Wayne to adjourn at 10:10 p.m. Motion carried. Respectfully submitted,
Betty J. Novy |