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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
June 9, 2003 REGULAR TOWN BOARD MEETING 7:30 p.m.
Meeting was called to order at 7:30 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk, and Colleen Holder, Treasurer, were also present.
Paul moved, 2nd by Mike to approve minutes of the May 12 and May 19, 2003 meetings of the Board as printed. Motion carried.
Gary moved, 2nd by Mike to approve June disbursements as follows. Motion carried.
Department Reports: Treasurer’s Department. Colleen Holder read the Treasurer’s report as follows:
Mike moved, 2nd by Gary to accept the report as printed. Motion carried.
Public Works Department. Gary Chart was not present.
Sheriff’s Department. Deputy Prochaska reported the following statistics for May: six speeding citations, twenty-six traffic citations and thirty-two warnings were issued. Complaint statistics are as follows: thirty-one originated through calls directly to the Sheriff’s Department, Deputy Prochaska assisted with nine additional complaints, performed follow up on thirteen and originated thirty five on his own. Nineteen foot patrols were conducted.
Deputy Prochaska also reported on adjustment of hours to accommodate summer activity and on a severe accident occurring on Heritage and Academy this past month.
Complaint regarding vehicles parked at 33228 Washington Avenue Darryl Slak; (property owner: Paul Womack)
Darryl Slak addressed the Board reporting twenty vehicles parked on this adjacent property. Deputy Prochaska reported several complaints filed earlier this year and that when checked last week there were six or seven vehicles on the property. According to ordinance, there is only violation when vehicles are inoperable and on the property in excess of 30 days. When checked last winter, the only vehicles which would not start were diesel fueled. The temperature was below zero. Deputy Prochaska continued that the owner’s intention is to put vehicles in a pole barn once their home is constructed. Paul Womack, owner of the property, was present in the audience. Paul reported only nine vehicles on his property and stated they are all operable. He agreed to remove all cars in excess of four by July 1. Most of the vehicles being kept are not his. Consensus of the Board was to have Deputy Prochaska check the property on July 1 and to issue citations as applicable. Each successive day is to be counted as a separate violation.
Special Exemption Permit: Cabaret License “Hitch ‘n Post” August 23, 2003 Racine County Sheriff’s Department Kid Care ID Fundraiser (Michelle Rudzinski and Deputy Brian Zimmermann)
Mike moved, 2nd by Paul to grant the Special Exemption Permit. Motion carried.
Conditional Use Permit Application to park one semi-tractor truck and up to three dump trucks inside building. Lot 2; Fairview Street (Parcel #014-03-19-06-006-020): Jeffrey Radewan
Mike and Paul reported on attending the Plan Commission meeting on this topic. Neighbors were predominantly concerned with the condition of the roads vs. allowing Jeffrey the conditional use. Paul moved, 2nd by Mike to approve the conditional use with conditions recommended by the Plan Commission as follows:
1.) that use be limited to parking one semi-tractor truck and no more than three dump trucks inside of the building; 2.) that no parking of these vehicles be allowed outside of the building; and 3.) that no loaded vehicles be allowed on the property.
Motion carried.
Langmaid and Fairview Street Repair Concerns: Debra Schwinn; Leonard Arnouts
Debra Schwinn presented the Board with pictures of these two roads and explained no maintenance has been done since a chip-seal in 1994. Neighbors indicate they want the road improved, however do not want the road widened due to several trees and a pond existing in the right of way. The right of way was established as 60-foot wide. Leonard explained needed extension of Fairview to accommodate a land division. He is required to construct this extension 22 feet wide with a 6 foot shoulder. It is wider than the access road and three feet of asphalt is missing between the existing road surface and where they need to connect. The sides of Fairview are breaking away and he does not feel he should bear the cost of improving that area in order to connect his extension to the existing road. Consensus of the Board was to have the Town Engineer look at the road and advise the Town how to rectify the space between required improvements and the existing road surface. It was also decided to look at moving Fairview and Langmaid up on the road improvement schedule.
Shoreland Contract to construct 2,600 square foot detached garage: Gary Kempken, 35510 Ravine Drive (Parcel #014-03-19-18-142-000)
Gary Kempken was not present. It was noted by Board members that correspondence received from Racine County Corporation Counsel upheld zoning staff interpretation of the ordinance allowing this size of structure in residential zoning. Jim Deluca (Building Inspector) reported conversation with an engineer on behalf of Gary as to required stormwater calculations. This was the only contact on the issue since the last meeting. Several residents were present and concerns were expressed about storing commercial equipment in a residential area; that a building of this size would block the view of the lake for some property owners; and impact of large equipment going over substandard roads. Gary explained residential zoning restricts use to storage. Any commercial activity would have to be reported to and handled through Racine County’s zoning enforcement. Residents were encouraged to take concerns about heavy equipment to the Honey Lake Protection and Rehabilitation District as these are private roads under their jurisdiction. As to construction of the building, an actual survey is required and stormwater calculations will be required to verify setbacks from lot lines, septic fields and to prove no damage will occur at stormwater discharge points. Until information is provided to the Building Inspector and Town Engineer’s satisfaction, no building permit is to be issued.
License Renewals: Hitch-N-Post, 120 N. Browns Lake Drive: Class “B” Liquor, Cigarette, Cabaret Operator’s License Renewals: Anna Thomas, Lee Edlebeck, Jolene Thomas, Chad Augle, William Auger New Operator’s License: Tamra Menken Dale’s Bar, 35415 Academy Road: Class “B” Liquor, Cigarette Operator’s License Renewals: Kristie Price, Robert Roosa, Anita Breuckman, Dale Webster New Operator’s License: Karla Bourgeois The Bunker, 29224 Evergreen Drive: Class “B” Liquor, Cigarette, Cabaret Operator’s License Renewals: Sandra Brook, Deanna Majkowski, Kara Olson New Operator’s License: Julie L. Henningfield
Gary moved, 2nd by Paul to approve renewal of Class “B” Liquor, Cigarette and Cabaret licenses for the Hitch ‘n Post, Dale’s Bar and The Bunker. Motion carried.
Gary moved, 2nd by Mike to approve application for Operator’s License to Karla Bourgeois contingent on submission of a responsible beverage servers course completion certificate. Motion carried.
Mike moved, 2nd by Paul to approve applications for Operator’s Licenses to Anna Thomas, Lee Edlebeck, Jolene Thomas, Chad Augle, William Auger and Tamra Menken (Hitch-N-Post); Kristie Price, Robert Roosa, Anita Breuckman and Dale Webster (Dale’s Bar) and Sandra Brook, Deanna Majkowski, Kara Olson and Julie L. Henningfield (The Bunker). Motion carried.
Special Exemption Permits: Cabaret License “The Bunker”, 29224 Evergreen Drive
Mike moved, 2nd by Paul to grant Special Exemption Permits to “The Bunker” on June 28th and July 4th. Motion carried.
Proposed amendment to Chapter 27 “Land Division Control” of the Town of Rochester Code of Ordinances
Chuck Haubrich reported on amendment to the ordinance since discussion at the May 19th meeting. Concern was expressed over language inserted in 27.202 requiring a developer to present a conservation subdivision plan. Chuck explained this language was taken from the Land Use Plan and that the purpose of revising the ordinance was to make it consistent with the Plan. Consensus of the Board was to change 27.202 so that a developer does not have to present a conservation subdivision plan; that design choices should be left as an option of the developer. Mike expressed concern that this ordinance contains too many restrictions. Conversations he had with an appraiser led him to believe this ordinance will lower the value of land in the town. He indicated the fourteen points required to do a minor land division are too many hoops to jump through. Mike is not in favor of the ordinance and thinks people of the Town do not want it. Gary stated his thought that the major objection to the ordinance was whether conservation subdivisions are mandatory or an option. He agreed they should not be mandatory, but feels other things may still need updating in the ordinance. Chuck indicated consistency between the ordinance and Land Use Plan is the objective. The two ordinances need to be consistent. Bob Willard stated there may be misunderstanding in the community in that they may see the ordinance as creating more hoops to jump through as opposed to its intent, which is planning for orderly growth. He continued that separating off a single lot does not require “jumping through hoops”; there is only a minimal impact on that type of land division. Pat Hurley questioned the ecological study requirement. She indicated time frame for a developer to use public agencies like the DNR or SEWRPC is a year or two. These agencies have waiting lists and time limits specified in the ordinance for a land division would be exceeded. Mike indicated a developer will make his money in either two ways, by charging more for lots or paying less for land from the start. Ed Stone indicated the design option should be left with the person selling the lots, not the plan commission. He suggested if the Land Use Plan needs to be consistent with the ordinance than change the Land Use Plan. He also asserted that recent election results showed the preference of the community. Earl Squire stated agreement. Gary indicated a need to progress on this ordinance to the point where the Board takes a vote. Consensus of the Town Board was to meet with the Town attorney, in closed session as possible, to discuss further progress of the ordinance and legal ramifications. The Clerk is to check with all parties and set a date.
Request for anticipated amendments to Sewer Service Area: WRCSD
Gary identified a potential area to include in the Sewer Service Area as the Mather subdivision along the southern portion of N. River Road. He indicated time may come when sewer is required in this area because of its existence in environmental corridor along the Fox River. It was agreed the parcel adjacent to the Fox River Prairie subdivision would not be recommended for inclusion until a neighborhood plan is presented for the whole area. Consensus of the Board was to canvas people in the Mather Lane area for feedback on whether they would like to be included in the district. It is to be clarified in any correspondence that inclusion in the district does not mean immediate hook-up, but that the opportunity would be there to hook up in the future in case of failures.
Case/Eagle Park License Agreement for baseball diamonds: Racine County
Correspondence provided by the Town Attorney showed the only significant difference between this agreement and what is already in place is the Town’s ability to manage use of the diamonds. Mike moved, 2nd by Paul to approve the license agreement giving control of Case Eagle Park Baseball Diamonds to the Town. Motion carried.
Discussion regarding pursuit of Cooperative Boundary Agreements Information from the Department of Administration’s website on the process was shared with Board members. It was explained the consolidation bill for the Town and Village is making its way through the Senate and indications are it will probably pass into law without problem. It was suggested work on Boundary agreements with abutting municipalities begin as this is a requirement of the new legislation. Mike moved, 2nd by Paul to direct the Town attorney to draft beginning Co-operative Boundary agreements for pursue with abutting municipalities. Motion carried.
Ordinance #6-2003 amending chapter XVII “Driveway Construction”
Gary moved, 2nd by Mike to adopt Ordinance #6-2003. Motion carried.
Request for donation from Village of Sturtevant to share the cost of changes to Amtrak depot
Consensus of the Board was to deny the request.
Proposal for flooring in back hall
Mike moved, 2nd by Gary to approve 50% cost sharing (with the Village of Rochester) to retile the back room of the municipal hall for $4,293.00 as proposed by Davis Designs. Motion carried.
Clean Sweep Grant Applications
It was reported that grant applications are due next month if planning an event for 2004. Consensus of the Board was not to schedule an event due to budget concerns.
WisDOT pavement requirement rating
Correspondence received from the Department of Transportation indicated need for the Town to submit pavement ratings by December of this year. Consensus of the Board was to have Gary Chart rate the roads according the PASER guidelines and to submit ratings by the specified deadline.
Appointment of Wendy Ela to Rochester Library Board
Gary moved, 2nd by Paul to approve recommended appointment of Wendy Ela as town representative to the Rochester Public Library Board. Motion carried.
Request by Village of Rochester to place “Reduced Speed Ahead” sign on N. River Road
Gary moved, 2nd by Paul to grant permission to the Village of Rochester to install one “Reduced Speed Ahead” sign within town right of way on N. River Road, north of Village limits contingent that installation and maintenance be performed by the Village. Motion carried.
Summer Newsletter: approval for distribution
Consensus of the Board was to approve the newsletter for distribution.
Period of Public Comment.
Ray Najdowski, 430 Shervin Drive, requested the Town check into freezing funds to the Honey Lake Protection and Rehabilitation District (or other methods) to force compliance with Disability Acts mandating handicap access to the lake. It was explained boats need to be carried out 30 yards to allow access. Consensus of the Board was to check with the Town Attorney as to whether the Town has a way to do this.
Paul moved, 2nd by Mike to adjourn at 9:50 p.m. Motion carried
Respectfully submitted:
Betty J. Novy Clerk
June 18, 2003 SPECIAL BOARD MEETING 4:00 P.M.
Meeting was called to order at 4:00 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Bill Phenicie, Attorney, and Betty Novy, Clerk, were also present.
Jane Babik addressed the Board stating objection to holding a meeting regarding the land division ordinance in closed session. Gary and Mike stated concern about possible litigation on issues revolving revision of the ordinance stated at previous meetings on this subject. They felt section 19.85(g) of State Statutes allowed discussion with the Town Attorney in closed session regarding those concerns. Attorney Phenicie verified this as so. Jane left at that time.
Mike moved, 2nd by Paul to adjourn to closed session as allowed by §19.85(g) of the Wisconsin State Statutes “conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved”. Motion carried.
Gary moved, 2nd by Paul to reconvene in open session. Motion carried.
Mike moved, 2nd by Paul to direct the Town attorney to review the existing Land Use Plan and latest draft of revisions to the Land Division Ordinance to offer suggestions to the Town Board as to modification of those documents so as to allow various land division options for both Certified Survey Maps and subdivisions in general, and specifically to allow and consider the following:
Motion carried.
Gary moved, 2nd by Paul to adjourn at 5:12 p.m.
Respectfully submitted,
Betty J. Novy Clerk
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