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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
December 13 Regular Board Meeting
December 13 Sewer Utility Board Meeting
DECEMBER 5, 2006 SPECIAL TOWN BOARD MEETING 6:00 p.m.
Meeting was called to order at 6:00 p.m. with Gary Beck, Paul Beere and Mike Weinkauf in attendance.
Also present was Deputy Clerk Sandi Swan and Town Attorney John Hotvedt.
Purpose of the meeting was to discuss procedure of amendments to the Land Use Plan.
Hotvedt explained that when the Master Plan was adopted in 1999, it was adopted by a resolution passed by both the Town & Village Plan Commissions. He stated the resolution passed by the Board to adopt the Plan may have been a requirement by SEWRPC, however, pursuant to Chapter 62.23 the Plan Commission is charged with the duty and function of creating a Master Plan for the physical development of the Township.
He stated the same procedure applies to amendment of the Land Use Plan. The amendments need to be passed by an affirmative majority vote of the Plan Commission via a resolution. If that resolution passes, it is then certified by the Board and the procedure stops there.
Hotvedt stated that he researched the authority governed by Chapter 60 for Townships because he anticipated questions as to why the Town Board doesn’t have final say. He said that Chapter 60 states the Town Board has authority unless a specific statue designates another governing body, which according to Chapter 62.23 is the Plan Commission.
Beere questioned if the Plan Commission has to approve all amendments or nothing. Hotvedt stated that he did not interpret the statues that way. The Commission can accept any or all amendments.
Weinkauf questioned if the Commission approves the amendments and the Town Board does not agree with some of the amendments, is there some action that the Board can take. Hotvedt answered there is nothing the Board can do; the law clearly states that the decision falls directly on the Plan Commission.
Weinkauf went on to explain the amendments to density requirements that are the issue of concern.
Discussion was also held about members of the Plan Commission and how the vote might go.
Beere questioned if the land division ordinance has to follow the Land Use Plan. Hotvedt stated the Land Division Ordinance talks about the legal requirements that must be met to the Towns satisfaction in order to divide a parcel. The Land Use Plan talks about the use of those parcels. He stated that he would have to research it; however he feels that the Land Use Plan would take precedence.
Beck questioned if Hotvedt could draft a letter to the Plan Commission on behalf of the Town Board expressing their feelings that they object to any requirements that mandate cluster development in non-sewered residential neighborhoods; which further require that all open space be one large contiguous out lot.
Beere stated there’s no accountability with the Plan Commission making this major decision. The Board is elected by the people and this decision will reflect on the Town Board even though they are not making the final decision.
Motion made by Beere, 2nd by Weinkauf to adjourn at 6:54 p.m.
Respectfully submitted,
Sandi Swan
DECEMBER 13, 2006 REGULAR BOARD MEETING 7:00 p.m.
Meeting was called to order at 7:00 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer, and John Tierney, Engineer, were also present. Christopher Birkett, Public Works Supervisor, was absent.
Pledge of Allegiance.
Mike moved, 2nd by Gary to approve minutes of the November 13 & 16, 2006 meetings as printed. Motion carried.
Mike moved, 2nd by Paul to approve December disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the report as follows:
Betty reported 2006 tax bills have been mailed out. A school district error was found that affected ten parcels in Rock Ridge Subdivision. Tax bill adjustments will be made, with the Town absorbing the shortfall this year and taxing in 2007 to make up the loss.
Sheriff’s Department. A written report was submitted showing the following statistics for November: four accidents; twenty-four speeding citations, fifteen traffic citations, four parking citations and fifty-four warnings were issued. Complaint statistics were as follows: twenty-four complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-two additional complaints, originated fifty-six on his own, and performed follow up on fourteen. He reported twenty-four work days, 211.0 hours and 2,229 miles driven. Seven foot patrols were conducted. Sergeant Kacmarcik reported department approval to carry over left over 2006 hours to the 2007 contract. Board members questioned whether there were any snowplowing issues. Sergeant Kacmarcik indicated he was not aware of any. Mike reported on one complaint he had received.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
Engineering Report. John Tierney read his project report as follows:
Agreement to Provide Public Health Services: Western Racine County Health Dept. (Camile Gerou)
Camille Gerou addressed the Board regarding a previously stated concern about how many Rochester residents are using immunization and blood pressure clinics at other sites since the Rochester clinic has been discontinued. Camille presented statistics on the declining use of clinics over the past five years. She explained some clinic times and locations were discontinued because it was not cost effective to have a public health nurse staff a clinic and only a few individuals attend. Clinics were consolidated at better attended locations and times. In 2006, 58 Rochester residents attended immunization clinics at other locations. There is no way to quantify the number of Rochester residents attending alternate blood pressure clinic locations. They do not collect the same participant information at those clinics. Board members questioned Camille on how residents are made aware of the services. Information is made available at the municipal buildings and in community newsletters. Gary moved, 2nd by Mike to approve the agreement to provide public health services with Aurora Health Care. Motion carried.
Application for Final Plat: Stoneridge Subdivision Location: 2700 (Block) Maple Road Developer/ Owner: Ed Stone; Engineer: David Olsen
Betty reported that several minor revisions to the developer’s agreement and covenant documents have met the Town attorney’s approval since last month’s meeting. John Tierney reported on review of the revised construction plans and the Final Plat. The plans and plat have also met approval requirements. John made the Board aware that a significant number of trees will have to be removed along Maple Road at the entrance of the new road. Ed Stone addressed the Board. He indicated many of the trees are old and would most likely not live that much longer anyway. Ed will be installing a fence around the whole development because of the horse trail. He tried to address as many issues as he could in the Subdivision Covenants to ensure that this will be a quality development and the properties well cared for. Mike moved, 2nd by Paul to approve the Final Plat, Developer’s Agreement and Covenants and Restrictions for Stoneridge Subdivision as presented. Motion carried.
Application for Conditional Use Permit (to occupy part of an existing building and property with auto repair, including auto service, maintenance and sales) Applicant: James and Dawn Strehlow- 29110 Evergreen Drive; Parcel ID No. 014031901020030
Betty reported on Plan Commission review of the application. Their recommendation was to approve the conditions imposed by Racine County and to add an additional requirement that a storm-water management plan be submitted and approved by the Town Engineer before any paved surfaces are expanded. Since the Plan Commission meeting, the building inspector inspected the site for compliance with building codes for the change in use. His review found the following changes necessary to comply with State Building Codes:
1. COMM. 82.34 (8) will require the oily and flammable waste to go thru an oil interceptor and separator before discharging into the sanitary sewer.
2. They will need to have their exit lights repaired and illuminated and additional exit lights installed at each exit door.
3. The IBC will require mechanicals to be brought into compliance. He needs to exhaust and bring in make up air.
All State and local permits need to be obtained for the work. Items 1 and 2 need State approved plans and some time to design. The building inspector recommended giving the applicant a deadline of one year to achieve compliance.
Mike reported on his visit to the site. The applicant has put a lot of work and money into fixing up the place, including installation of an epoxy surface on the garage floor. Mike did not feel the applicant should have to install oil interceptors as this would require a portion of the floor to be opened up. Paul questioned number eight of Racine County’s conditional use permit, indicating he did not know how the applicant could prevent driveway/parking lot runoff from running directly/ unfiltered into the wetland. This is the direction the water flows. Paul indicated existing businesses do not have to comply with these requirements. John Tierney indicated Groundup Opps (next door) is filtering the flow by means of rip-rip installation in the areas where drainage exits their parking lot. Jim Strehlow indicated his disappointment that he had not been made aware of these building requirements sooner. He will meet the requirements he has to in order to receive permanent conditional use permit approval. Gary indicated there is not much the Town can do about State codes. If the State steps in and requires immediate compliance, Jim will have to perform the work they require within their specified timeframe.
Mike moved, 2nd by Gary to approve a permanent conditional use permit with the conditions imposed by Racine County in their letter of November 21, 2006; and a deadline of December 13, 2007 to comply with any and all State Building Code requirements as they apply to auto repair use of the building. Motion carried.
Site Plan Review (to convert three 2nd story apartments to commercial space, allowing the expansion of an existing commercial tenant) Applicant/ Agent: Design Build Group- 29200 Evergreen Drive; Parcel ID No. 014031901021040
Betty reported on Plan Commission review of the application. Their recommendation was to approve the Site Plan with the conditions imposed by Racine County contingent that the submitted parking plan meets minimum space requirements for this use.
Board members discussed the change in use of this building. It was noted the building is served by the Rochester Sewer Utility District, and is assigned 8 residential equivalency units for billing purposes. The unit count is based on six residential apartments and two businesses. However, water use for the day spa and child care businesses are unknown and residential use of the three apartments are now being discontinued. Consensus was that a requirement be added to the conditional use permit that a water meter be installed so that sewer use could be billed accurately.
Mike moved, 2nd by Paul to approve the Site Plan Review for 29200 Evergreen Drive subject to installation of a water meter and compliance with Racine County’s minimum parking requirements for the change in use. Motion carried.
Direction to Plan Commission regarding Land Use Plan update
Mike reported on research he had done regarding the approval process of updating the Land Use Plan. Because the plan was adopted as a “Master Plan”, it follows statutory requirements that make the Plan Commission responsible for approval and adoption of the plan. A “Comprehensive Plan” requires Town Board approval and is the kind of planning document the County is now working on. Mike indicated his concern that the recommendation the Land Use Plan Committee is making to the Plan Commission to update the Land Use Plan negatively affects the value of land in the Town. He indicated he is in favor of controlling growth, but not stopping it. He also stated he cannot support consolidation efforts if the recommendation of the Land Use Plan committee takes affect. Board members reviewed a letter drafted by the Town Attorney. Consensus of the Board was that the letter accurately conveys the Board’s wishes for amendments to the plan, for Plan Commission consideration, that were expressed at a previous meeting. Gary moved, 2nd by Paul to send the letter to the Plan Commission. Motion carried.
Resolution #9-2006 “Adopting Public Participation Procedures for the Preparation of a Comprehensive Plan for the Town of Rochester”
Gary moved, 2nd by Mike to adopt Resolution #9-2006 outlining public participation procedures for the preparation of a Comprehensive Plan for the Town of Rochester (in partnership with Racine County and the Southeastern Wisconsin Regional Plan Commission). Motion carried.
Resolution #10-2006 Resolution as to Cooperative Boundary Agreement (with Village of Rochester and Town of Dover)
Resolution #11-2006 Resolution as to Cooperative Boundary Agreement (with Village of Rochester and Town of Spring Prairie)
Paul moved, 2nd by Mike to adopt Resolutions #10-2006 and #11-2006 and to move forward with the Boundary Agreement process with the Towns of Dover and Spring Prairie. Motion carried.
Resolution #12-2006 Regarding Approval of the 2006 Tax Levy
Gary moved, 2nd by Mike to adopt Resolution #12-2006 approving the 2006 tax levy. Motion carried.
Resolution #13-2006 Authorizing Application Fees for Alcohol, Operator’s, Cigarette and Cabaret Licenses
Mike moved, 2nd by Paul to approve Resolution #13-2006 specifying the fees charged for alcohol, operator’s, cigarette and cabaret licenses. Motion carried.
Resolution #14-2006 Authorizing Reimbursement for Attendance at meetings other than regularly scheduled Town Board meetings
Gary moved, 2nd by Paul to approve Resolution #14-2006 authorizing per diem compensation for attendance at meetings other than regularly scheduled Town Board meetings. Motion carried.
Subdivision Groundwater Testing Requirements
John Tierney presented a sample ordinance requiring that sufficient soil boring data be submitted by a developer to establish the highest ground water level in the area to be developed; and requiring that 80% of the minimum lot area be at least three (3) feet above that level. John reported that engineering review of developments typically involves surface waters. Due to concerns recently expressed about groundwater levels, a requirement could be added to the Town’s ordinance that the developer provide a certain number of soil borings. Pat Hurley, present in the audience, indicated most Town developers are already submitting soil boring data to meet sanitary review requirements. She felt these tests should be sufficient for analysis of water table levels. Consensus of the Board was that the soil test data currently provided to Racine County for sanitary review should be copied to the Town engineer for analysis of groundwater levels. In sewered developments, a requirement should be added to the code that requires the developer to submit soil boring tests at the Town engineer’s discretion. John will work on some language.
Election Official Appointments
Mike moved, 2nd by Gary to approve appointment of the following election officials for 2007:
Chief Election Officials: Joyce Schrader, Margaret Schmidt and Sandra Swan.
Election Officials: Colleen Holder; Jane Babik; Edna Dobson; Maureen Eckert; Bill Miller; Mildred Welke; Lucille Hardie; Wayne Schrader; Richard Gay; Mary Grube; Pamela Schweitzer; and Mary Janaky.
Motion carried.
Plan Commissioner Appointment (to succeed the three year term of Christopher Johnson)
It was noted Chris Johnson has been a valuable addition to the Plan Commission. Gary Beck re-appointed Christopher Johnson to serve an additional three year term.
Winter Newsletter: presented for corrections or approval
Consensus of the Board was that the newsletter was approved as presented.
Mike moved, 2nd by Paul to adjourn at 8:54 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy, CMC Clerk-Treasurer
DECEMBER 13, 2006 ROCHESTER SEWER UTILITY DISTRICT #1 8:55 p.m. BOARD MEETING
Meeting was called to order at 8:55 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer, and John Tierney, Engineer, were also present
Review of 2007 Budget and recommended rate adjustment
A 2007 budget proposal was presented for review. The budget estimated 2007 expenses exceeding 2007 revenues at the current rate of $73.00 per residential equivalent unit. Gary moved, 2nd by Mike to increase the 2007 per unit rate by $7.00 to $80.00 per residential equivalent unit effective for the March billing. Motion carried.
Review method of unit charges assigned to Business Uses
John Tierney presented a draft letter to Lynch Truck Center discussing metering options for their facility. Consensus of the Board was to send the letter. Metered flows for comparative Burger King Restaurants were also reviewed showing a range of 3.03 to 7.05 residential equivalent units, with an average of 4.77 units. Consensus of the Board was to send a letter to Burger King explaining an adjustment to 4.77 units, unless the restaurant chooses to install a water meter. In which case, actual flows will be used to determine the appropriate billing amount.
Mike moved, 2nd by Gary to assign the duty of reading meters to Christopher Birkett. Motion carried.
Paul moved, 2nd by Mike to adjourn at 9:20 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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