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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
June 12, 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, Christopher Birkett, Public Works Supervisor, John Tierney, Engineer, and Atty. John Hotvedt were also present.
Pledge of Allegiance.
Mike moved, 2nd by Paul to approve minutes of the May 8 & 31, 2006 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 Novy read the report as follows:
Betty reported Town General CD#4026964 came due on May 20th. The balance was transferred to the money market account for the N. River Road project. It was noted new legislation has caused the need to revise the Town’s public site fee ordinance. This will impact the park and recreation fund. The Town Attorney will work with Betty to determine new requirements.
Sheriff’s Department. A written report was submitted showing the following statistics for May: one accident; twenty-one speeding citations, twenty traffic citations, twelve parking citations and fifty warnings were issued. Complaint statistics were as follows: twenty-five complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-three additional complaints, originated thirty-one on his own, and performed follow up on seven. He reported 22 work days, 183.5 hours and 2,143 miles driven. Three foot patrols were conducted.
Public Works Department. Christopher Birkett reported on the following monthly activities:
Mike moved, 2nd by Paul to approve T & T’s quote to remove three trees from the various locations. Motion carried. Board members also appointed Chris “Weed Commissioner” and directed him to inspect the Town for violations of the weed ordinance.
Engineering Report. John Tierney read his project report as follows.
“Coyote Territory Subdivision”, “Rookery Landing Estates I & II”, “Kernz Certified Survey Map” and “Fox River Prairie Warranty Inspection” were all items identified as being on the agenda that night. Reports were delayed until each item came up for discussion.
Application for Final Plat(s) Approval:
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Rookery Landing Estates (West
Parcel):
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Rookery Landing Estates (East
Parcel): Developer: Premium Properties Ventures, LLC; Engineer: Thomas Foht, P.E. (Kapur & Associates)
Betty reported on Plan Commission consideration of the Plat. They recommended approval contingent on several changes to the Covenants and a road reservation or public access easement being created to the eastern parcel boundary of Rookery Landing Estates East. John Tierney reported the developer is working on finalizing plans to comply with his list of required revisions. A drain tile survey was previously presented, along with flow calculations in the tile. Mike questioned ponds, shown in preliminary plans, that are not on the Final Plat. He thought the proposed ponds would help take pressure off the drain tile system. Greg Reesman, Developer, indicated storm-water management requirements were met through installation of turf, widened ditch lines and swales throughout the subdivision. After consideration, the developer decided only to install ponds when the individual purchasing the parcel expressed a desire for it. Drain tile easement restrictions were also discussed along with a concern that individuals would plant large trees or bushes in the easement area. It was noted easement areas are clearly marked on the plat. This should give proper notification to individuals purchasing the lots. In the covenants, access to easement areas is given to repair tiles as needed. Restoration will only be in the form of replacing dirt and seeding the area. It was thought that property owners will recognize this and not plant within the easement area.
John Hotvedt explained the Developer’s Agreement and Covenants are in their final forms. There does not appear to be any issues. The developer concurred with that statement. A formal access easement document should be recorded for Rookery Landing Estates East to clarify who will be responsible to improve the easement area should a road crossing be necessary in the future. A Homeowner’s Association will also need to be created.
Gary moved, 2nd by Mike to approve the Final Plats of Rookery Land Estates West and Rookery Landing Estates East contingent on:
Motion carried.
Additional direction was given to John Hotvedt to draft the homeowner’s association documents and grant of easement. A “Monument Waiver” form was presented for consideration. John Tierney explained State Statutes require survey monuments be installed. The developer asked to delay installation until final grading is finished. John Hotvedt confirmed installation of survey monuments is addressed in the developer’s agreement. John Tierney will include an amount in the Letter of Credit for survey markers. Consensus was that the waiver can be granted. Greg Reesman reported outlots, created by the access roads, are now going to be deeded to the abutting property owners. John Hotvedt will remove any references to outlots from the Covenants and Restrictions.
Application for Final Plat Approval: Coyote Territory Subdivision Location: 120 (block) N. Honey Lake Road Developers: Johnson Development; Engineer: James Schilling, P.E. (J S Development)
Betty reported on Plan Commission consideration of the Plat. They recommended approval contingent on several changes to the Covenants and lot numbering changes. It was noted lot numbers had not changed and Jeff Johnson was asked to explain the discrepancy. Jeff explained Racine County requirements have changed and the lot numbers remained the same. However, outlot numbers shown on the current plat will be changing; Outlot Four is being deeded to Mr. Christensen and Outlot One is being deeded to Mr. Albrecht. It was noted restrictions will have to be amended to reflect the change in numbering. John Tierney reported no concerns and stated the developer is addressing outstanding plan revision requirements. John Hotvedt reported the Covenants will have to be reviewed for consistency with the revised final plat and a Homeowners Association will have to be formed.
Mike moved, 2nd by Paul to approve the Final Plat of Coyote Territory Subdivision contingent on the following items:
Motion carried.
Direction was given to John Hotvedt to draft the homeowner’s association documents for the development.
Certified Survey Map to create three parcels out of one Location: 529 N. Browns Lake Road Owner(s): Edward & Jeri Kernz; Applicant: Mark Kosobucki (Root Parcel #014-03-19-15-086-000; 3.5 acres)
Betty reported on Plan Commission consideration of the Certified Survey Map. They recommended approval contingent on John Tierney’s review of building envelopes to ensure that buildings could meet setback requirements and stay out of a drainage swale between the lots. A document showing the building envelopes was subsequently submitted and found acceptable. The map is subject to City of Burlington Extraterritorial plat review and their planner’s comments were provided. As a result, some minor technical changes were completed by the surveyor. Paul reported some neighbors appeared at the Plan Commission meeting expressing concern about outbuildings on the parcels. Their thoughts were that the area would look cluttered. Plan Commissioners agreed outbuilding sizes will be limited by lot sizes.
Gary moved, 2nd by Mike to approve the certified survey map creating three parcels out of one at 529 N. Browns Lake Drive. Motion carried.
License Renewals:
The Bunker,
29224 Evergreen Dr: Class “B” Beer & Liquor, Cigarette, Cabaret.
Dale’s Bar, 35415 Academy Rd: Class “B” Beer & Liquor, Cigarette. Operator’s License Renewals: Kathleen Tobin, Anita Breuckman, Robert Roosa
Gary moved, 2nd by Paul to approve the Class “B” Beer & Liquor, Cigarette and Cabaret licenses, as applied for, for “The Bunker”, “Hitch ‘n Post”, and “Dale’s Bar”. Motion carried.
Gary moved, 2nd by Mike to approve the operator’s licenses to serve fermented malt beverages and intoxicating liquors for “The Bunker” for Sandra Brook, Tracy Johnson, Carolyn Royske, Sherry Southard and Rebecca Murans. Motion carried.
Mike moved, 2nd by Paul to deny the operator’s license application of Sheena Plevak to serve fermented malt beverages and intoxicating liquors for “The Bunker” due to a recent Felony drug conviction (2nd offense). Motion carried.
Mike moved, 2nd by Paul to approve the operator’s licenses to serve fermented malt beverages and intoxicating liquors for the “Hitch ‘n Post” for Lee Edlebeck, Chad Augle, Tamra Menken, Anna Thomas, Jolene Thomas, William Auguer, Martin Baumgardner and Melody Jones. Motion carried.
Mike moved, 2nd by Paul to approve the operator’s licenses to serve fermented malt beverages and intoxicating liquors for “Dale’s Bar” for Kathleen Tobin, Anita Breuckman and Robert Roosa. Motion carried.
Application for Special Exemption Permits (to
allow outdoor music);
Hitch ‘n Post , 120 N. Browns Lake Drive:
Gary moved, 2nd by Mike to approve the Special Exemption Permit for “The Bunker” for July 8th from 4:00 p.m. to 8:00 p.m. for a Diabetes Fund Raiser. Motion carried.
Mike moved, 2nd by Paul to approve the Special Exemption Permit for the “Hitch ‘n Post” for August 26th from 6:00 p.m. to 1:00 a.m. for the Racine County Sheriff’s Department Kid Care ID Fund Raiser. Motion carried.
Request for Six-Month Extension: Conditional Use
Permit for multi-tenant commercial building: Applicant: Tom Roanhouse; Ground Up Opps, Inc.
Betty reported the Plan Commission recommended a six month extension for the permit. Paul explained the applicants had several issues arise that delayed construction of the building. Gary moved, 2nd by Mike to grant the six-month extension. Motion carried.
Application for Conditional Use: to renew
existing permits for
Ray Postotnik addressed the Board reporting the Kramer-Buss site will be depleted as the Burlington By-pass project continues. Restoration is occurring as they go. Payne and Dolan’s intention is then to close the pit and re-zone the land back to farming. The Honey Creek site also has some areas currently being restored. Ray reported one individual called and express concerns over asphalt plant operations at the Honey Creek site. Ray explained no asphalt plant operations will occur at the Kramer-Buss site, but the Honey Creek site may have asphalt plant operations in place from time to time. The individual asked for a baseline well test and Ray indicated they would pay for the tests and have the results added to the others. There have been no complaints regarding water quality by surrounding property owners.
Mike moved, 2nd by Gary to recommend approval of both Payne and Dolan conditional use permits with addition of one water quality test. Motion carried.
Application for Conditional Use: to temporarily occupy an existing building to include car/vehicle maintenance, repair and possible sales: 29110 Evergreen Drive Owner: Vincent Magestro; Applicant: James Strehlow
Betty reported the Plan Commission’s recommendation to approve a three-month temporary conditional use permit to occupy the existing building to include car/vehicle maintenance, repair and possible sales. Subsequently, Racine County granted a six-month temporary permit, but also included a long list of items that need to be completed on the property before a permanent conditional use permit will be considered. Jim Strehlow was present and indicated the temporary permit was a condition he set before buying the property from Vincent Magestro. Since the Plan Commission meeting, he talked to Vince about moving some equipment parked over the lot line. It should not be a problem to remove these items. Paul indicated this type of business is similar to what is already there. Mike moved, 2nd by Gary to approve the temporary permit for six months. Motion carried.
Release of Warranty Bond: Fox River Prairie Subdivision
Betty reported the one year warranty period for Fox River Prairie subdivision is up. John Tierney inspected the property and found numerous sidewalk repairs needed in the areas where driveways cross the sidewalks. John Hotvedt reported the Developer’s Agreement makes the developer responsible for any damage to the town’s property. This applies to the sidewalk situation. Paul moved, 2nd by Mike to release the Letter of Credit with the exception of $10,000.00 which is to be retained until such time as the developer completes the sidewalk repairs to the Town engineer’s satisfaction. Motion carried.
Solid Waste and Recycling Collection Contract
Two proposals were reviewed, one from Onyx Waste for $10.76 per unit per month with an eight year contract extension and one from Waste Management for $11.58 per unit per month for three years.
Mike moved, 2nd by Paul to approve the contract renewal with Onyx Waste at $10.76 per unit per month for three years (through 7/1/2008). Motion carried.
Reschedule Date for July Meeting
Betty reported she and Sandi Swan will be attending a municipal clerk and administrator institute at UW-Green Bay the week of July 10th. Due to the conflict, the regular July meeting needs to be rescheduled. Consensus was to schedule the meeting for Thursday, July 6th at 7:00 p.m.
Summer Newsletter presented for correction or additions
Consensus of the Board was to approve the Summer newsletter as presented for distribution.
Period for Public Comment. Paul Beere requested that Jim Deluca come to the next Town Board meeting to report on progress for the property on Buena Park Road and also discuss the problem of controlling construction litter. Pat Hurley commented on the collection of public site and impact fees and new legislation which affects the use of these funds. The Town attorney will work with the Clerk to determine what course of action is necessary as this relates to town ordinances.
Paul moved, 2nd by Mike to adjourn at 8:50 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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