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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
**There are three different meeting minutes on this page for the month of February. Please keep scrolling down to find all three.
February 5, 2003 SPECIAL JOINT TOWN BOARD 6:00 P.M. PLAN COMMISSION AND SUBDIVISION ORDINANCE COMMITTEE MEETING
Meeting was called to order with Board members Wayne Schrader and Nancy Klemko present. Town Chairman, Gary Beck, was absent.
Chuck Haubrich (Committee Chairperson), Jane Babik, and Ed Stone were present from the Subdivision Ordinance Committee.
Jane Babik and Bob Willard were present from the Plan Commission.
Betty Novy, Clerk, was also present; along with residents Mike Weinkauf and Mrs. Stone.
Purpose of the meeting was stated to review the proposed subdivision ordinance.
It was reported that, due to a family emergency, Gary Beck was unable to attend. All present agreed that Gary’s attendance was crucial for the stated purpose of the meeting. Consensus was to reschedule the meeting.
Chuck invited any comments from those present.
Ed Stone stated concern regarding impact of the proposed ordinance on land values (per acre); and requirement that all land divisions creating more than three parcels require Conservation Subdivision design. He did not recall when that clause was added to the ordinance. Chuck indicated it could have been discussed at a meeting that Ed did not attend.
Mike Weinkauf indicated agreement with the five-acre average density requirement. However, as an alternative to restricting common space for all time from development, he suggested requiring two to three-acre lots on new development. The remnant parcel could then be rezoned A-1 so that it would be restricted to farming. That way, the land would not be permanently restricted. At any time in the future, if the community agreed and it made sense to do so, rezoning could be an option to allow for further development on the remnant parcel.
Consensus of the group was to reschedule the meeting for Thursday, February 20th at 6:00 p.m.
The meeting adjourned at 6:30 p.m.
Submitted by:
Betty J. Novy Clerk
February 10, 2003 REGULAR BOARD MEETING 7:30 p.m.
Meeting was called to order at 7:30 p.m. with Gary Beck, Wayne Schrader and Nancy Klemko present.
Betty Novy, Clerk, Colleen Holder, Treasurer, and Gary Chart, Public Works Supervisor, were also present.
Wayne moved, 2nd by Nancy to approve minutes of the January 13, 2003 regular board meeting as printed. Motion carried.
Nancy moved, 2nd by Gary to approve February disbursements as listed. Motion carried.
Department Reports. Public Works. Gary Chart reported no concerns.
Sheriff’s Department. Sgt. Kacmarcik reported 38 citations written for the month of January as follows: five accidents, 18 speeding, and 15 traffic. 41 warnings were issued. A total of 55 complaints were addressed. Deputy Prochaska presented a list to Board members detailing junk complaints from 2002 and 2003. Most have been resolved. Traffic data charts on accidents for Washington Avenue and Academy Road were presented. In the past two years, accident totals on Washington Avenue have dropped from a high of 13 to a low of only four last year. Only one fatality occurred in the past six years. Academy Road showed a high of 15 accidents in 1998, but was down to 6 in 2001 and 8 in 2002. No fatalities have occurred on Academy in the past six year span. Gary requested a speed wagon be placed on N. Honey Lake Road as soon as possible. Chuck Haubrich reported there are a lot of beer cans littered along Maple Road and suggested Deputy Prochaska patrol that area. Deputy Prochaska reported finding at least one place to sit on N. Honey Lake Road for patrol; so far no speeding citations have been issued.
Case Eagle Park Plans: Review of License Agreement Presenter: Glen Lampark, Racine County Public Works
Jim Metzger presented a layout of park plans. Glenn Lampark reported Racine County is working with an architect to install rest room facilities near existing baseball diamonds. The plan is to ask Western Racine County Sewerage District for permission to tap into their interceptor which runs through the Park. A three-phase landscape plan has been developed for the entrance. Some large berms and boulders have already been put in place. Planned improvements this year include the entrance “island” and some plantings just inside the entrance. A picnic shelter and more parking areas are planned for the future. The Town’s agreement to maintain the ball diamond area expires in 2004 and is set to renew annually after that. Last year, several groups wished to use the ball diamonds for activities the Town Board did not feel appropriate. The County directed those groups to use other open space areas in the Park as an alternative. However, in order to clarify and put use of baseball diamonds under Town control, the agreement between the Town and County should be amended. Gary thanked the County for mowing certain areas of the Park to accommodate football and soccer practice last year. Consensus of the Board was to have Racine County Corporation Counsel draft an amendment to the agreement.
Racine County Bike Trail: Authorization of Easement for Buck Road Presenter: Glenn Lampark, Racine County Public Works
Jim Metzer presented a map of the bike trail. Glenn Lampark reported the Norway portion of the trail as finished. The City of Burlington portion was also finished last year. Cecil Mehring reported a federal “Congestion Mitigation” grant covered 80% of the project, including bridges over the Wind Lake Drainage Canal and Fox River. The trail should be open for use by late summer and is to provide continuous route from Burlington to where the Racine County line crosses State Highway (STH) 36. Waukesha County has plans to extend its own bike trail from this termination point in the future. In order to extend the trail from its current termination point at the Wind Lake Drainage Canal and STH 36; two alternatives were considered. One was to connect the trail by utilizing STH 36 and 20 right-of-way; the other to route the trail over Buck Road. A property owner has agreed to grant a necessary easement to allow the Buck Road route. This is preferred to routing bike traffic over state highways. It was also requested a “bike trail” sign be approved for placement within Buck Road right of way to identify the trail entrance. Wayne moved, 2nd by Nancy to enter into a license agreement between Racine County and the Town of Rochester to allow use of Buck Road for extension of the Racine County Bike Trail. Motion carried.
Land Division creating two parcels out of one: 29503 Evergreen Drive Owners: Ronald & Deirdre Fladwood/ Agent: Lu Robbins (Parcel #014-39-19-02-001-002)
Lu reported that all lots in the neighborhood are a half-acre or less. A lateral is present to the west of the proposed new lot which will allow connection to the sewer district interceptor. Jane Babik (Plan Commissioner) reported the Plan Commission reviewed this land division and felt it was consistent with what is already in the area. The Town Engineer had put forth requirements of approval in connection with providing sewer service to the lot. The land division was approved based on those contingencies. Although Wayne indicated some concern that the property is located in environmental corridor, both Gary and Nancy agreed it is consistent with other development on the street. Gary moved, 2nd by Nancy to approve the land division contingent on conditions specified by the Town Engineer as follows:
1. Any necessary permits are obtained from the Sewer District prior to the installation of the new lateral. 2. The Town of Rochester approves the road opening of Evergreen Drive with the appropriate bond in place to insure proper restoration. 3. The new lateral connection to the existing riser is inspected by either the Building Inspector or the Town Engineer prior to backfilling and restoration.
Motion carried.
Hunting Operation Concerns/ Dale Creek Gun Dogs, 6810 County Road DD Bill & Therese Lancour, 34454 Oak Knoll Road
Bill indicated concern over the fact he did not receive notice of the Conditional Use Hearing for this parcel to operate a hunt club and dog kennel. Although his property does not abut the parcel in question, his house is closest. Since the operation began on December 1, hunts are routinely performed along with dog training. A lot of shooting takes place. On Christmas Day, there was an extreme amount of shooting. He has concerns about noise and safety and questions how this operation will continue in the future. Bill feels Mr. Waite (owner of Dale Creek Gun Dogs) needs to post his property and enforce the restriction on his Conditional Use Permit requiring a 50-yard barrier around his property be mowed (he reports it is not); and that no firearms be discharged within that area. To date, this restriction has been violated by several people hunting on the property. There needs to be some type of barrier between the operation and Bill’s property. His 5-year old daughter often comes in from outside because she is afraid of the noise.
Nancy indicated some concern that item #13 on the Conditional Use Permit is being observed. The Condition restricts the site from being opened to the general public and only allows hunting and shooting activities in relation to dog training. Some promotional literature she ran across suggested this may not be the case.
Thomas Waite, present in the audience, was given the opportunity to answer Bill and Nancy’s concerns. He was unaware of any literature being distributed that would imply his operation is open to the public. Hunts are only performed in conjunction with dog training. He indicated that since December 1, there have been only 17 scheduled hunts. Ten of those were on the weekends. Seven were on weekdays. He admits that with construction of his facility, he has not done his best to keep the barrier mowed. He will improve this upcoming season. He keeps 90% of training activities as far away as he can from the Lancour property; at least 400 feet. He pointed out if he bought the property for himself only, he could hunt along the fence line with no restriction. Hunts are only scheduled between two time periods: 8:30 – noon and 1:00 p.m. – 4:30 p.m. He tries to encourage weekday hunts for his clients, but sometimes this is not practical.
It was suggested Tom post the buffer area. He agreed, but stated this could not be accomplished until Spring when the ground thaws. Bill reiterated he would like the 50-yard rule followed.
Gary stated Tom appears to be operating within the rights and confines of the conditional use agreement; with the exception of observing 50-yard buffer restrictions. Gary referred Tom to the last item of the Conditional Use Permit stating “Failure to comply with the terms and conditions stated herein could result in citations being issued and/or the approval/permit being revoked”. Tom was counseled to live within confines of the approval.
Tom indicated hunting operations are only December through April. Off-season, most of the fields will be planted. There was some disagreement on Christmas Day shooting allegations. Tom indicated he does not run hunts on holidays. Gary indicated Tom and Bill should try to work out some agreement together. The County will be sent out in Spring to investigate compliance with Conditional Use Restrictions.
Petition from residents regarding reconstruction of N. Honey Lake Road
A petition was receipted as signed by several residents along N. Honey Lake Road. The petition stated objection to movement of the paved surface of the road 16 feet east (to center it within the right of way); as reconstruction plans propose. The objection is based on forced removal of several trees and perceived reduction of some properties on the east side of the road. Several residents were present in the audience. It was stated the road has been in existence since 1837 and some disbelief was expressed over the assertion it is not centered within the right of way. Those present requested clarification on how right of way lines were determined. There were also comments addressing safety on the road. Residents asserted that reconstruction of the road is not the answer to several unsafe conditions. Statement was made that signage and a reduction in the speed limit would serve the same purpose. Gary stated the petition has been received and entered in the record. .A special meeting was set for Tuesday, March 4, 2003 at 7:00 p.m. The Town Engineer will have all maps and details available as to how right of way is determined at that meeting.
Ordinance #2-2003 amending Chapter III “Building Code” to update statutory references.
Gary moved, 2nd by Wayne to adopt Ordinance #2-2003. Motion carried.
Ordinance #3-2003 creating Chapter XLIII “Ponds”
Wayne moved, 2nd by Nancy to adopt Ordinance #3-2003. Motion carried.
Ordinance #4-2003 creating Chapter XLIV “Carriage Services”
Gary moved, 2nd by Wayne to adopt Ordinance #4-2003. Motion carried.
Amendment to Chapter XVII “Driveway Construction”
Correspondence was read from the attorney asking for clarification of whether a Bituminous (asphalt) requirement would apply in all circumstances where curb and gutter are not present; or whether it would be limited to driveways where installation of cement was intended. Consensus of the Board was the requirement should apply only when a driveway is surfaced and should be enforced by requirement of a driveway permit to be issued by the Building Inspector.
Proposed Addition to Dog Bite Ordinance: Western Racine County Health Department
Requested language was proposed as follows: “REPORTING OF ANIMAL BITE INCIDENTS. All bite incidents occurring in the Town of Rochester, in which any animal bites a person, or is suspected of biting a person, shall be reported within twenty-four hours to the Western Racine County Health Department.” Gary moved, 2nd by Nancy to have an amendment drafted which includes this language. Motion carried.
Operator’s License: Deanna Z. Majkowski; The Bunker
Wayne moved, 2nd by Gary to approve the operator’s license. Motion carried.
Resignation from Western Racine County Sewerage District: Richard J. Mogensen
A written letter of resignation was accepted. Nancy moved, 2nd by Wayne to send a thank-you letter to Dick, signed by all Board Members, in appreciation for his years of service as both a Town Board Member and Sewer District representative. Motion carried.
Preview of Website: Server Options
Betty previewed a Town website for those present. Items suggested for inclusion were:
There was some discussion on developing a logo for Rochester. The Deputy Clerk will continue to work on that. The clerk reported on researching servers. Yahoo Geocities offers a $15.00 set up fee (includes domain name registration) and monthly fees of $11.95. This was the best price combination available. Consensus of the Board was to go ahead and publish the web site.
Application for Town Credit Card
Gary moved, 2nd by Nancy to authorize the Clerk to apply for credit card at Community State Bank with a $1,000.00 credit limit. Motion carried.
90-day Salary Review: Deputy Clerk
Gary moved, 2nd by Nancy to increase compensation from $10.00 to $11.00 per hour for the Deputy Clerk. Motion carried.
Nancy moved, 2nd by Wayne to adjourn at 9:35 p.m. Motion carried.
Submitted by:
Betty J. Novy Clerk
February 20, 2003 6:00 p.m. SPECIAL JOINT TOWN BOARD, PLAN COMMISSION AND SUBDIVISION ORDINANCE COMMITTEE MEETING
Meeting was called to order at 6:00 p.m. with Gary Beck, and Nancy Klemko from the Town Board. (Wayne Schrader was absent). Ken Dahlstrom, Jane Babik, Brian Wanasek, and Bob Willard from the Plan Commission (Maureen Eckert was absent). Chuck Haubrich, Jane Babik, Bob Willard, Pat Hurley, and Ed Stone were present from the Subdivision Ordinance Committee (Julie Anderson, Wayne Schrader, Dennis Crombie, and Rhoda Runzheimer were absent). Ken Dahlstrom left at 7:15 p.m. and Jane Babik left at 7:55 p.m.
Citizens: Buzz Hurley, Jim Pluta, Kathy North, Lavun North, Lucille Borucki, Beverly Borucki, Earl Squire, Mrs. Stone, Mike Weinkauf, Tom Griel, Paul Beere, and Barbara Beere.
Kelly Brutlag, Deputy-Clerk, was also present.
Resolution #1-2003 to extend land division moratorium until such time as the new subdivision ordinance is adopted. Gary moved, 2nd by Nancy to extend the land division moratorium until May 8, 2003. Motion carried. If another moratorium is expected, it should be reviewed at the April 2003, Town Board meeting.
Land Division Ordinance Highlights The document “Land Division Ordinance Highlights” was gone over with the following results:
2. Variances Discussion on how variances would be handled and who would do them. Ken Dahlstrom said they would be handled on an individual basis. The plan commission could handle variances.
Change from: 2/3rds vote on Town Board required for a variance Changed to: simple majority vote on Town Board required for a variance
3. Conceptual Plans
The following paragraph was changed from:
Assuming neighboring properties are likely to be developed in the future, the Plan Commission may require a neighborhood plan prior to accepting the conceptual plan. The Town would be responsible for preparing such plans. The initial developer would fund the plan and recover a percentage from future developers as specified in the Rochester fee table.
To:
5. Public Notification Discussion on how to contact property owners in the area of the land division was discussed. Jane brought up the signs she saw for a land division/rezone in the Town of Burlington. The property had a sign in the yard letting citizens know about land division. It was decided to obtain a copy of the ordinance from the Town of Burlington regarding posting signs for rezoning and land divisions.
The following paragraph was changed from:
Fourteen days (14)
To:
Fourteen days (14)
6. Subdivision Development Yield Analysis
Loss of land to open space was a concern. The discussion was tabled on how much open space is appropriate for sewered lots. Committee would like engineer to give recommendation on how much open space is normal and some examples.
7. 27.603 Conceptual Development Plan
There was some discussion if the word “known” should be removed. It was left.
The following was deleted from #4 Section 27.603 a.:
9. 27.606 CSM Information
Company was deleted from 27.606 c and provider was added.
c.
For development within or within 200 feet of a primary or secondary
environmental corridor a qualified ecological service
Concern over the definition of provider was brought up. Chuck said a list of accredited providers could be made and more added to it as time went on. Gary made comment that some of the agencies had long waiting lists to get this service for free.
Discussion was also brought up on who would administer the conservation subdivision requirements. It was thought that a person would have to be hired. Chuck stated that it wouldn’t take that much time and he would train someone.
1. Mandatory conservation subdivisions.
Ed Stone clarified the definition of a conservation subdivision to those present in the audience. Chuck read and discussed parts of the handout Rationale for Conservation Subdivisions as a Standard.
After discussion from the public and the committee and board, Brian Wanasek stated he thought the Land Ordinance plan had good items in it to help the Plan Commission with requirements for land divisions, but he didn’t think that the conservation subdivision should be mandatory.
Bonus item for conservation subdivision was discussed but nothing was decided.
A concern about deed restrictions needs to be discussed further.
The next meeting was scheduled for Thursday, March 6, 2003, at 6:00 p.m., with Thursday, March 13, 2003, at 6 p.m. as an alternate date. Chuck will contact the developer of a conservation subdivision in Caledonia and have him do a presentation at the next scheduled meeting.
The committee didn’t discuss items 10-14 on LDO Highlight sheet.
Pat moved, 2nd by Bob to adjourn at 8:10 p.m. Motion carried.
Submitted by:
Kelly A. Brutlag Deputy-Clerk |