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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
June 13, 2005 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; Christopher Birkett, Public Works Supervisor; and Atty. John Hotvedt were also present.
Pledge of Allegiance.
Mike moved, 2nd by Paul to approve minutes of the May 9 & 10, 2005 meetings as printed. Motion carried.
Mike moved, 2nd by Paul to approve June disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the Treasurer’s report as follows.
Betty reported some discrepancies in sewer utility accounts receivables and asked that a special meeting of the Sewer Utility Board be scheduled to discuss this matter. Consensus of the Board was to schedule the meeting at a later date.
Public Works Department. Chris Birkett reported on several pump failure alarms at the Fox River Prairie pump station during the past month. The wet well was cleaned and a cable on pump one was replaced. Since then, alarms have ceased. Cutting Edge Lawn Care will be repairing damage to the lawn at Case Eagle Park. Mulch was spread under trees which were recently planted in the baseball diamond area and Chris is working on assembling soccer goals. Routine road patrol continued. Right of ways are scheduled for cutting soon and Chris is marking culverts to avoid mishaps. Installation of 25 m.p.h. signs is near completion. Only two to three streets are left. House number signs are in and he will begin installation in the next two weeks.
Sheriff’s Department. Sergeant Kacmarcik reported the following statistics for May: two accidents; six speeding citations, twelve traffic citations and twenty-eight warnings were issued. Complaint statistics were as follows: twenty-seven complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with seventeen additional complaints, performed follow up on ten and originated twenty-six on his own. He reported 18 work days, 146.25 hours and 1,681 miles driven. Deputy Prochaska reported on response to several complaints of trespass at the Racine County Public Works facility. Apparently, people are fishing in the pond. Six citations were issued. The armed robbery reported last month involved marijuana and Deputy Prochaska is working with the drug unit on the issue. Sergeant Kacmarcik indicated Alpine Valley concert events are minimal this year due to septic problems at the facility. Their first concert is not scheduled until mid-July. The Department will keep a watch on concert schedules and provide additional coverage as necessary. In addition, Sergeant Kacmarcik pointed out he was able to reduce proposed costs for the 2006 contract. A joint meeting of Town and Village Boards will be scheduled to address this issue.
License Renewals:
The Bunker, 29224 Evergreen Dr: Class “B” Beer
& Liquor, Cigarette, Cabaret.
New Operator’s License: Martin Baumgardner Dale’s Bar, 35415 Academy Rd: Class “B” Beer & Liquor, Cigarette. Operator’s License Renewals: Kristie Price, Anita Breuckman, Robert Roosa, New Operator’s License: Jane Rider
The Clerk reported all license applications were in order, fire inspections were passed and operator background checks showed no reason for denial. The new operator’s license of Martin Baumgardner is pending submission of his responsible beverage servers course completion certificate. Gary moved, 2nd by Mike to approve all license renewals, with Martin Baumgardner’s contingent on submission of his responsible beverage servers course completion certificate. Motion carried.
Enve’ Salon and Day Spa, 29200A Evergreen Dr.: Class “B” Beer & Liquor Operator’s License Renewals: Cheryl Remer, Carrie Mittelstaedt, Leah Parson
Novy reported on recent contact with the Department of Revenue indicating their interpretation of State Statutes does not allow beauty salons or spas to be Class B license holders. Wis. Stats. 125.32(3m) “Limitations on other Business” was pointed out stating the only “other businesses” allowed on a Class B licensed premises (to mean the facility actually licensed), other than the sale of alcohol, are: a hotel; a restaurant, whether or not it is a part of or located in any mercantile establishment; a combination grocery store and tavern; a combination sporting goods store and tavern in towns, villages and 4th class cities; a combination novelty store and tavern; a bowling center or recreation premises; or a club, society, or lodge that has been in existence for 6 months or more prior to the date of filing application for the Class “b” license or permit. Atty. Hotvedt further explained other businesses are allowed in the same building only if they do not share a common entrance. A Class “B” licensed establishment must have the sale of alcohol as its primary business. He recommended the Town deny renewal of the license before the Department of Revenue takes further action.
Gary moved, 2nd by Paul not to renew liquor licenses associated with the Enve’ Salon and Day Spa. Motion carried.
Application for Special Exemption Cabaret
License: Fundraiser for Racine County Sheriff’s Department “Kid Care ID” Program
The application requested a time frame of 10 a.m. until 2 a.m. Michelle Edlebeck explained music stops at 1:00 a.m., but people are generally outside until 2 a.m. She explained invitations are extended to all neighbors in the immediate vicinity. Mike moved, 2nd by Paul to approve the Special Exemption Cabaret License for August 20, 2005. Motion carried.
Application for Special Exemption Cabaret License: The Bunker, 29224 Evergreen Drive: July 4, 2005 July 4th Celebration
The application requested a time frame of 1:00 p.m. to 6:00 p.m. Paul moved, 2nd by Gary to approve the Special Exemption Cabaret License for July 4, 2005. Motion carried.
Application for Final Plat Approval: Rock Ridge Subdivision
Location: 28601 (Approx) Rowntree Road ; SKSK
Development
Betty reported changes to the developer’s agreement and declaration of covenants were agreed upon at the Plan Commission meeting. The face of the plat itself was approved by all parties: the engineer providing review services for the Town (Crispell-Snyder Engineering), Racine County Planning, the State of Wisconsin Department of Administration, and the Town Plan Commission.
Atty. Hotvedt reported agreement with the developer’s modification to language in the restrictive covenants that addresses the existing drain tile situation. This change was approved by the Plan Commission. However, since then, an adjoining property owner, Dick Rehberg, requested a change to the document.
Dick Rehberg addressed the Board. He requested an asterisk be placed next to the “Third Party” mentioned in the covenants so that it could be further defined to include Donald and Della Rowntree. It was noted the Birkett and Rehberg properties are individually listed. After discussion, it was agreed to group the Rowntree’s name and parcel identification with other property owners noted to be part of the THIRD PARTY identified in a 1950 drain tile maintenance agreement. Atty. Hotvedt explained including the names does not bind these individuals to participate in drain tile repair. By virtue of these covenants, only the lot owners in the development are bound. Dick stated his understanding of this and indicated he may pursue an agreement outside of this document to further define responsibilities of all parties involved in this situation. Chris Birkett questioned whether the Town would participate in an agreement of this nature. Mike Weinkauf questioned a Town’s responsibilities in regards to drainage. Atty. Hotvedt indicated he would look further into the issue.
Steve Kempken questioned whether a requirement in the developer’s agreement could be changed. Section 2(c) requires construction of buildings on 80% of the lots be complete before the final lift of asphalt is installed. He requested a change to 50% because of the low number of lots. Consensus of the Board was not to change the requirement because it is a standard clause the Town utilizes in all developer’s agreements.
Novy reported a Letter of Credit has been received on the development. Steve reported ownership is now completely in the name of SKSK Development and all DNR permits have been received.
Gary moved, 2nd by Paul to approve the Final Plat, Restrictive Covenants and Developer’s Agreement to include changes to restrictive covenants further defining the THIRD PARTY as it relates to drain tile maintenance. Motion carried.
Amendment to Restrictions on Certified Survey Map #2358 (to allow home to be built closer to Rowntree Road): Location: Parcel 4, Rowntree Road; Owners: John & Jill Stafford (Parcel #014-03-19-12-010-040; 9.63 acres)
Betty reported a document was drafted by Atty. Hotvedt to lift this restriction after initial consideration of the Stafford’s request by the Plan Commission in May. Jill reimbursed the Town for his services and was able to achieve approval from other property owners in order to lift the restriction. The Town is the last party that needs to sign off before the document can be recorded. Paul reported on Plan Commission consideration of the request. The Plan Commission felt lifting the restriction would not cause a problem and would keep the house further from the road, a result other property owners favored. There was communication with Gene Meyer on how this would affect drainage. Gene expressed no concern and did not feel it would cause drainage issues. Paul moved, 2nd by Mike to approve the amendment. Motion carried.
Atty. Hotvedt indicated he would record the document upon receipt of the recording fee from the Staffords. He would then follow up by providing copies to all affected property owners.
Request for adjustment of stop signs at
intersection of Sharon Lane and Beck Drive:
Kurt Petrie addressed the Board. He requested consideration to change the layout of stop signs at Beck and Sharon Lane. Traffic exiting the truck center on Sharon Lane now stops at Beck Drive. Instead, he would like traffic exiting Beck Drive to stop at Sharon. He reported oncoming traffic turning left onto Beck (from Sharon) is not yielding to traffic leaving the truck center. He feels the intersection is confusing to drivers. Correspondence from the Town Engineer was reviewed. The engineer report stated it is not generally advisable to remove a stop sign once it has been established. Because both roads are low traffic, the only suggestion was to place stop signs at both locations. Consensus of the Board was to install a temporary stop sign at Beck for a couple of months to see if it helps with the situation. In addition, a stop bar will be painted at the existing stop sign. Kurt indicated the truck center will have lower branches removed from a pine tree at the corner which interferes with sight at the intersection.
Gravel Pit Permit Renewal Applications:
Betty reported the Plan Commission reviewed the application at their June meeting and recommended approval with no changes from the previous permit. Mike moved, 2nd by Paul to approve renewal of the permit. Motion carried.
Shouldering Proposals: Oak Knoll Road
In addition to a quote received from Payne and Dolan of $10,388.25 at the May meeting, estimates were received from Racine County Public Works at $3,028.90 and B.R. Amon and Sons, Inc. at $3,625.00 Chris Birkett reported on use of crushed asphalt for shouldering material. After talking with contractors, it was determined use of this material only increased costs. Gary moved, 2nd by Mike to approve the proposal by Racine County Public Works to shoulder Oak Knoll Road. Motion carried.
N. Honey Lake Road Restoration Warranty/ Options for Repair of Slope
Two options were provided from Payne and Dolan to repair landscaping on a slope that failed after last year’s reconstruction project. Option one was to push the dirt back up the hill and haul in an additional three to five cubic yards of dirt; seed, fertilize and place a fiber erosion mat for $1,645.00. Option two was to clean up the existing topsoil and place SS fabric under ten tons of 8 – 12” rip rap for $1,220.00.
Betty reported the engineering firm that managed the project does not feel the Town should have to pay for any repair. Repairs should fall under the one-year warranty specified in the construction contract. Chris Birkett stated he would like to see repairs take place as soon as possible and grass reseeded where it failed to grow in adjacent areas. Consensus of the Board was to send correspondence to the contractor demanding repair of the slope at their own cost under warranty with additional direction that either repair option was acceptable. Additionally, Atty. Hotvedt directed a seven day deadline for the contractor to acknowledge responsibility and a 30 to 45 day deadline to get the work done.
Award of Contract: 2005 Road Improvements
Three bids were received on 2005 road improvements follows:
Bids were qualified by Baxter-Woodman Engineering and a recommendation letter reported Payne and Dolan to be the lowest responsible bidder. Paul moved, 2nd by Gary to award the 2005 Road Improvement project to Payne and Dolan, Inc. at $59,948.00. Motion carried.
Proposal to modify municipal building walkways and entrances to comply with Handicap Accessible Voting mandates: Kresken Concrete
A proposal was reviewed to expand the sidewalk on the west side of the building to six feet wide and eliminate the lip from the walk up into the side door. Options to replace one square of sidewalk in front of the building to include a ramp from the parking area and the cement slab at the front entrance were also included. Betty reported the Village of Rochester Board approved the work and cost sharing on all projects at their May meeting. Paul moved, 2nd by Mike to approve the proposal for $2,615.00 for all specified work. Motion carried.
Resolution #1-2005 to enter into a Mutual Aid Box Alarm System to coordinate fire protection and EMS services in the event of large scale emergencies
Dick Bosworth, Fire Chief, requested Board action on this resolution to establish an agreement identifying responsibilities under an expanded mutual aid system. Gary moved, 2nd by Paul to approve Resolution #1-2005. Motion carried.
Resolution #2-2005 to borrow $518,750 to finance reconstruction of N. River Rd
Gary moved, 2nd by Mike to approve Resolution #2-2005 to borrow $518,750.00 to reconstruct N. River Road. Motion carried.
Resolution #3-2005 to accept final completion of Fox River Prairie Subdivision
Betty reported receipt of payment on all outstanding bills, including sewer televising and cleaning. Engineer correspondence of May 6, 2005 reported no outstanding items related to subdivision construction. Gary moved, 2nd by Paul to approve Resolution #3-2005 accepting final completion of Fox River Prairie Subdivision. Motion carried.
Plan Commission Appointment (to fill unexpired term of James Pluta): Maureen Eckert
Gary reported Plan Commissioner James Pluta passed away the previous month. Gary appointed Maureen Eckert to fill Jim’s unexpired term. He reported on Maureen’s previous service as Town Clerk and that she has served on the Plan Commission before. Mike Weinkauf suggested resident Bob Lancour be considered in the next round of appointments. It was explained appointments will come up again in December.
Quarterly Newsletter presented for correction or additions
Consensus of the Board was to approve the June newsletter for distribution.
Period for Public Comment
Patricia Hurley questioned the affect of Caledonia’s incorporation attempt on consolidation of Town and Village of Rochester. It was explained it had no affect as any legislation written to allow Caledonia’s incorporation would be specific to their municipality. She then questioned whether Rochester qualifies under Charter Town legislation and explained this would be another vehicle to stop annexation. Gary explained the process needed to qualify for Charter Town status is the same as consolidation. Boundary agreements are still needed. Pat then questioned whether the Town could look into grant money to extend the bike trail on CTH W to STH 36. Gary explained a cooperative effort with Waterford to qualify for CMAQ funds for a similar project. The Board may consider it in future budget cycles.
Correspondence from the Department of Administration regarding discontinuation of the Smart Growth grant program was discussed. Betty is to check with Racine County Planning to see whether any efforts are being taken to protect program funding.
Two tentative dates to schedule a joint meeting for Town and Village Boards to discuss 2006 law enforcement contract sharing were set as Monday, June 20th or Monday, June 27th at 6:00 p.m.
Paul moved, 2nd by Mike to adjourn at 9:05 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy, CMC Clerk-Treasurer
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