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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
July 14 2008 Regular Board Meeting Minutes July 19 2008 Special Board Meeting Minutes July 21 2008 Special Board Meeting Minutes
JULY 14, 2008 REGULAR BOARD MEETING 7:00 p.m.
Meeting was called to order by Gary Beck at 7:00 p.m. with Supervisors Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present.
Pledge of Allegiance.
Minutes. Mike moved, 2nd by Paul to approve minutes of the June 9 & 24, 2008 meetings as printed. Motion carried.
Mike moved, 2nd by Gary to approve July disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the report as follows:
Also reported:
Sheriff’s Department. A written report was reviewed showing the following statistics for June: one accident; eleven speeding citations, seven traffic citations, ten parking citations and fifteen warnings were issued. There was one misdemeanor and two ordinance arrests. Complaint statistics were as follows: thirty-four complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty additional complaints, originated thirty-two on his own and performed follow up on twenty-six. He reported twenty-two work days, 191.75 hours and 1,869 miles driven. Thirteen foot patrols were conducted.
Deputy Prochaska reported overall traffic statistics down. This may be attributed to high gas prices. There have been no traffic fatalities to date. There have been two reported commercial thefts- scrap metal from International Production Specialists and truck accessories from Lynch Truck Center. Deputy Prochaska also reported on status of the abatement order issued to the Fait property regarding care of horses. Some progress has occurred since June 24th; however drainage is still a major problem. Gary stressed not letting too much time to slip by. The compliance date is September 1. Deputy Prochaska is to re-state the previous offer of help to Mr. Fait.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
Chris further reported obtaining a price from Racine County to ditch an area of Oak Knoll Road where some drainage problems exist. It should be less than $500.00. He also noted possible savings of $2-3,000 a year based on Don North completing the roadside mowing in one day. Other contractors will be given an opportunity to cut in preparation for bidding out the service next year. Mike commended Chris for his efforts during recent flooding, including sandbagging.
Asphalt Repair
Quote: Eagle Ridge Drive
Engineering Report. John Tierney’s written report was reviewed as follows:
John reported on recent communication with the developer of Rookery Landing Estates. Observations during the last few rain events convinced him that re-directing water, as previously discussed, will not work. The areas they had identified as possible storage areas were already saturated. He recognizes Blue Crane Court will have to be raised. The pond that overflows onto the road was never supposed to hold water. There are several engineering issues with drain tile including inquiries from those down stream who are claiming the development takes up the capacity of the tile first and does not allow their lands do not drain at the same rate they used to. John indicated the developer may need to install some detention ponds to deal with the water.
Application for Conditional Use to continue a sand and gravel operation to include crushing, washing and operation of an asphalt plant and all necessary equipment Location: Honey
Creek Site, 34604 High Drive; & Kramer-Buss Site, 810 N. Browns Lake Road
Betty reported on Plan Commission review of the application. They recommended approval with no other conditions other than those imposed by Racine County. Brian Endress was presented representing Payne & Dolan. A resident asked Brian about people camping in trailers in the Kramer-Buss site. Brian explained these are members of the road crew working on the STH 36 by-pass project. They are using the site only as a place to sleep during the week.
Mike moved, 2nd by Paul to approve conditional use permits for both Payne and Dolan locations with no additional conditions other than those imposed by Racine County. Motion carried.
Application for Zoning and Conditional Use Permits to construct a lean-to for storage of a car carrier/ hauler Location: 33344 Washington Avenue Owner/ Applicant: Paul Lorbiecki
Mike reported on Plan Commission review of the application. They recommended approval. Mike moved, 2nd by Gary to recommend approval of zoning and conditional use permits for Paul Lorbiecki with no other conditions other than those imposed by Racine County. Motion carried.
Application for Zoning and Conditional Use Permits to construct an addition for the operation of a children’s day care center for up to forty-four children Location: 31144 Hunters Trail Owner: Franciscan Missions, Inc.; Agent: Atty. John M. Bjelajac
Atty. Bjelajac addressed the Board. He explained the request to construct and operate a day care center at a convent located at 31144 Hunters Trail. He stated forty-four children would be the limit for the operation. Of the total count, some children would be limited to morning and others to an afternoon program. Jeff Horwarth, builder, explained the site plan. Grading will direct drainage towards the roadway. A two-story addition is proposed to add 4,500 square feet in a 3,100 square foot footprint. A basement will be under half of the addition, with the rest on a slab. There should not be much additional lighting required as operational hours will be during the daytime. Father Sereno reported the concept is being proposed by the sisters of the convent. The sisters explained they have been working with child care programs at St. Mary’s in Burlington. They know of the need in the community. Joanna Storm, an abutting property owner, addressed the Board. She stated concerns over septic system arrangements, maintenance of the access road, state certification and signage. She also stated that when the convent was first proposed, Father Sereno indicated that there would be no day care at the site. She also reported several water problems in the area. Jeff Horwath indicated septic field requirements will be established by Racine County based on the size of the facility. Father Sereno indicated they have been plowing and maintaining the access road. State certification will be mandatory before opening the facility. As to signage, only a small sign is proposed at the entrance. Bill Monnin, also an abutting property owner, indicated a lot of the drainage problems in the area are caused by berms on Payne & Dolan’s gravel pit, abutting property to the west. He indicated these berms should be removed when the gravel pit is reclaimed within the next year or so. That should help alleviate drainage problems. Mike moved, 2nd by Paul to recommend approval for zoning and conditional use permits to construct an addition for a day care center at 31144 Hunters Trail contingent:
· That lot lines be adjusted to adequately size and site the septic field for the proposed use; · That the capacity of the center does not exceed forty-four children · That the hours of operation be limited as proposed: 6:30 a.m. to 5:30 p.m.; · On the Town engineer’s review and approval of site drainage; and · On compliance with all other conditions imposed by Racine County.
Motion carried.
Application for Kennel License to house five to eight dogs: Mar Jean Richardson, 34733 Oak Knoll Road
Mar Jean Richardson addressed the Board stating her desire to raise Boxers. She has thirteen acres and her nearest neighbors are her tenants. Deputy Prochaska reported familiarity with the property. He stated no concerns with the license. Paul moved, 2nd by Mike to approve the kennel license to house five to eight dogs at 34733 Oak Knoll Road. Motion carried.
Installation of driveway through Wetland Conservation Easement: Bruce Kozelou, 920 Rock Ridge Road
Bruce Kozelou addressed the Board. He is building a house on Lot 7 of Rock Ridge Subdivision and would like to cross a wetland conservation easement area with a driveway. DNR approved the wetland crossing with provision of two 18” culverts to maintain drainage towards Eagle Creek. There is an existing driveway he would like to retain for farm machinery. The proposed driveway location would provide more direct access to his house. A restriction on the subdivision plat that prohibits grading, filling or excavating in wetland conservation areas was recently discovered. It was explained to Bruce that he must obtain the permission of all the owners in the subdivision, the Town, County and any other signers on the plat to remove the restriction. Bruce wished to obtain input from the Board as to why the restriction was put in place and whether they would be willing to sign off on it for his driveway.
Steve Kempken, developer of the subdivision, indicated that the 75’ setback on wetlands is a provision in the Town’s land division ordinance. His concern is the impact the proposed driveway would have on subdivision drainage.
Consensus of the Board was to schedule a site meeting with the Town Engineer for Saturday, July 19th at 9:00 a.m. to review the proposed driveway location and potential impacts on subdivision drainage.
After the fact Pond Permit: Wayne Fuller, 28700 Plank Road
Permit application materials were reviewed along with engineering review. John Tierney reported the pond in question as the smaller, pumping pond (vs. the larger one assumed last month). A small culvert crossing and pond within 500 feet of Eagle Creek is the subject of the permit. The Wisconsin Department of Natural Resources and Racine County have both issued permits per submitted plans. Racine County’s permit is contingent on Town approval. Mike moved, 2nd by Gary to approve an “After the fact” pond permit for Wayne Fuller, 28700 Plank Road, based on submitted plans and payment of the $50 fee. Motion carried.
Blocked drainage path in Heritage Acres/ Vista View Subdivision: Pat Hurley
Pat Hurley addressed the Board regarding a drainage path that is blocked by a three to four foot berm at 32819 Vista View Drive. She would like the berm removed to facilitate drainage off her parcel which is located immediately to the north. She indicated the berm has been there since Vista View was developed and questioned why the town engineer did not require it to be removed as part of final inspection of the subdivision.
Betty reported on research performed on the history of the Vista View/ Heritage Acres development. Heritage Acres Subdivision was approved by the Town. After the Town executed a developer’s agreement for the subdivision and site improvements began, it was discovered the subdivision did not receive County approval. The developer’s agreement was then amended and an agreement for Certified Survey Map and Town Road Acceptance was executed. Lots were then created through a series of certified survey maps. Drainage easements associated with the grading plan for the Heritage Acres Subdivision were incorporated into the certified survey maps. A copy of the preliminary subdivision plat shows the elevations and direction of flow. The grading plan for the subdivision is referenced in approvals for the certified survey maps.
Correspondence from the town engineer, dated January 28, 2000, refers to the grading plan and inspection. In the letter, he issues a certificate of substantial completion but refers to a need to review the site after winter snow cover is gone. The next reference in Town Board minutes to Heritage Acres CSM is when a new town engineer was appointed. In the engineer’s initial report, given in July of 2000, he indicates the Heritage Acres CSM is complete except the surface course of asphalt- there is no reference to grading in the minutes. In June of 2003, the engineer recommended that the final surface of asphalt be installed.
The preliminary plat of Heritage Acres was reviewed. A large storm-water retention area is shown. Those present verified a retention area was not built to these plans. However, it was unknown whether these were final approved grading plans. John Tierney will check contours of the preliminary plat against what is now there. He will also check with the previous town engineer to see if any additional history can be obtained. Consensus of the Board was to check with the Town attorney to see if any legal recourse was available if grading was not performed per approved plans.
Ordinance #3-2008 to amend Ch. 7.30 “Hoofed Animals” to establish animal unit equivalents and associated acreage requirements
The first draft of the ordinance was reviewed by the Board as well as several residents of N. Honey Lake Drive. Concerns were expressed regarding the specification of five acres or less as the cut off point that determines when animal limitations are imposed. Some residents felt the current animal ordinance allows unlimited animals starting at five acres and that the proposed ordinance would be more restrictive. Darlene Geiser addressed the Board specifically regarding her 4.5 acre alpaca farm. She indicated current possession of seventeen alpacas and two llamas on her property. She questioned the Board regarding grand-fathering the quantity of animals she currently owns and whether it would be transferable to a new owner. Board members indicated only legal uses would qualify for grand-fathering and they would not be transferable. A change in ownership would require that the property become compliant with whatever law is in effect. There was also question on whether an individual could rent land from an adjacent parcel in order to by-pass limitations imposed on less than five acres. Board members indicated they did not feel that should qualify. Board members expressed the need to provide some regulation on the quantity of animals allowed on smaller agriculturally zoned parcels in order to curb over-intensive use of the land. Gary Beck preferred that the permit process referred to in the ordinance be expanded upon. The ordinance also gave rise to applicability when a mixture of animals was proposed. The ordinance is to go back to the Town Attorney with these questions for further revision.
Ordinance #4-2008 to amend relevant sections of Ch. 27 “Land Division” to specify a minimum density of 3 acres in non-sewered land division categories and to remove open space requirements
Board members agreed the ordinance contains the changes discussed with the Town Attorney at their May 28th meeting. Mike moved, 2nd by Paul to adopt Ordinance #4-2008. Motion carried.
County Highway “D” Improvement Plans
Betty reported on Racine County’s planned Highway D improvement schedule. The portion Highway D between Heritage Road and the Village of Rochester limits is not scheduled for reconstruction until 2012. The area just west of Village limits is flooded and has been for a number of months. The County’s Public Work’s Engineer stated Rochester may try to influence or bump up the schedule by requesting that consideration from our County Supervisor(s). Board members discussed the condition of the flooded section of highway. Vehicles have been observed on numerous occassions straying from their traffic lane to avoid standing water. This is particularly hazardous due to the blind curve immediately west of the flooded location. Board members were concerned about the saturation of the road base and the troubles winter ice will bring if the water problem is not addressed. Consensus of the Board was to send a letter to County Supervisors requesting their assistance in addressing this matter. Betty is to research drainage and/or storm-water management districts as a possible approach to water problems in this area.
Appoint Alternate Board of Review Member: Nancy Klemko
Gary moved, 2nd by Paul to appoint Nancy Klemko as an alternate member of the 2008 Board of Review. Motion carried.
Application for Operator’s License Renewal: Shirley A. Knight
Betty reported a clean criminal background check. Mike moved, 2nd by Gary to approve an operator’s license for Shirley A. Knight. Motion carried.
PERIOD FOR PUBLIC COMMENT:
A resident of N. Honey Lake Road addressed the Board regarding train horns which blow constant as they pass several crossings between Oak Knoll and Academy Roads. Board members indicated prior contact with the railroad on this issue. They were unable to influence the horn patterns. It is federal regulation that causes them to blow the horn through the crossings and any attempt to change that would have to be taken up with federal representatives.
Geoffrey Cook, 33719 Academy Road, addressed the Board. Geoffrey stated concern about a neighbor to the west who built a garage and installed a cement driveway. Ever since these improvements were made, he has had increased water on his property. He is concerned about his septic system. Geoffrey was informed that he will need to work out these drainage issues with his neighbor. Chris Birkett will look at the intersection of N. Honey Lake Road and Academy to make sure there aren’t any culverts plugged.
Paul moved, 2nd by Mike to adjourn at 9:58 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
JULY 19, 2008 SPECIAL BOARD MEETING 9:00 a.m.
Meeting began at 9:00 a.m. at 920 Rock Ridge Road with Chairman Gary Beck, Supervisors Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Supervisor; and John Tierney, Town Engineer; were also present.
Steve Kempken and Steve Knurr were present representing SKSK Development, developers of Rock Ridge Subdivision.
Bruce Kozelou, 920 Rock Ridge Road and Greg Gilanyi, 910 Rock Ridge Road, were also present.
Site visit regarding possible placement of a driveway through a wetland conservation area
Bruce showed those present the location of his planned driveway which would cross a designated wetland conservation area of the Rock Ridge Subdivision. John Tierney provided topographical information and drainage plans associated with the area. There was discussion regarding the potential impact of the proposed driveway on adjacent properties. It was noted that subdivision drainage is working as is. Christopher Birkett indicated reluctance to authorize any changes.
Bruce was notified that a deed restriction exists on the Rock Ridge Subdivision plat which prohibits filling, excavating or grading in wetland conservation easement areas. He was also notified of what must be done in order to remove the restriction including preparation of all necessary legal documents and obtaining signatures of all approving authorities from the original subdivision plat and all current owners of property in the subdivision. He was also told that if the driveway is constructed without removing the deed restriction that any party could enforce it, causing him to remove the driveway.
Board members indicated amending the plat may be expensive for Bruce and that he should make sure he has the support of all other parties before proceeding further. Bruce is to contact the Town Board if he is able to obtain the necessary signatures and wishes to pursue this farther.
The meeting adjourned at 9:45 a.m.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
JULY 21, 2008 JOINT TOWN/ VILLAGE BOARD MEETING 6:30 p.m.
Meeting was called to order at 6:30 p.m., with Chris Denman, Russ Kumbier, Jim Henning, Dave Pattengale and Mark Tamblyn present from the Village Board; and Gary Beck, Mike Weinkauf and Paul Beere present from the Town Board. Village Trustees Dean Stapleton and Bill Weidert were absent.
Betty Novy, Clerk-Treasurer, was also present.
Town Chairman Jim Simon and Town Supervisor Roy Lightfield were present representing the Town of Spring Prairie.
Pumper and Tanker Repair Replacement
Fire Chief Tim Dahlberg and Assistant Fire Chief Jack Biermann addressed the Boards regarding recent inspections performed on back-up pumper and tanker trucks. Both vehicles did not pass inspection and require extensive repairs. The last time trucks were inspected by a firm specializing in DOT safety standards was six to eight years ago. They recently contracted for annual inspections. Tim noted only one back-up vehicle required to maintain their ratings. The pumper is outfitted with a 1,000 gallon tank and would be the most logical to repair due to its dual functionality. Estimates were presented to completely rebuild the pumper from R.N.O.W., Inc. ranging between $210,000 and $235,000 and from Reliant Fire Apparatus, Inc. for $254,295. Board members concurred this option is cost prohibitive due to the age of the vehicle (1980 model). The cost of a new pumper-tanker combination vehicle was estimated at $600,000. It was noted when new vehicles are ordered, it can be six months to a year before the vehicle is delivered.
Tim reported when accidents occur with emergency vehicles, very thorough inspections follow. Because of liability concerns, the back-up trucks are not being utilized until they can pass such an inspection.
A mechanical repair estimate for the pumper was presented from Emergency Apparatus Maintenance for $8,200. There is also some separation of the body from the frame on this vehicle. Jack contacted a metal fabricator for an estimate on frame repairs and will forward same to the Board members upon receipt. Tim indicated if these repairs are made, he would feel comfortable putting the pumper back in service. The pumper’s life extension was estimated at three to five years. Total repair costs were estimated in the $20,000 range.
Jim Simon indicated a preference for interim repairs and at least three years to plan for a replacement vehicle. He would like efforts made towards better planning for vehicle replacement in the future because of the budgetary impacts. Consensus of all Boards was to agree with this statement. Paul Beere thanked Tim for being pro-active with the inspection.
Tim estimated the time line for repairs at two to three months. He also noted two committees have been formed. One to determine a schedule for truck replacement and one to determine a replacement schedule for equipment. It was noted the 1988 Grass Rig has an expected life of ten years, though they will most likely need to replace the water tank before then. Five and ten year replacement schedules will be presented when they are ready. An estimate for a replacement pumper-tanker will also be obtained for budgetary purposes.
2009 Joint Budget Preparations
Chris Denman reported Village appointments to the Joint Finance Committee as himself and James Henning. Town Board members will comprise the rest of the committee. The Clerk is to obtain salary information on village trustees serving in Racine County. The impact of consolidation on garbage and insurance costs is also to be researched. A meeting is to be scheduled late August to early September or whenever draft budget numbers are available.
2009 Planning and Zoning Services
Correspondence from Julie Anderson, Director of Racine County’s Planning and Development Department, was reviewed. For budgetary purposes, the planning department needs to know if Rochester will continue to utilize their planning services if consolidation occurs in 2009. A copy of a planning services agreement executed with the Village of Caledonia was reviewed along with statistics on Town of Rochester permits. The way the Caledonia agreement works is:
It was noted Rochester’s annual fee would be much less because of the size difference. Concern was stated about how Caledonia’s contract fee was determined. Data from the previous three years was averaged. Due to the housing slow-down, this may not be an accurate method to reflect Rochester’s 2009 needs. Board members felt a more accurate method could be to average three years, but subtract 20% due to the housing slow-down. It was also noted that if the consolidation referendum passes, it will not be effective until a new Village Board is elected in April. Consensus of the Boards was to request a contract dollar amount pro-rated for nine months of 2009.
Set Date for September Public Information Meeting
A date and time of Wednesday, September 24th at 7:00 p.m. was set for the next public information meeting on consolidation of the Town and Village of Rochester.
Mike Weinkauf moved, 2nd by Russ Kumbier to adjourn at 8:22 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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