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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
JUNE 9, 2008 REGULAR BOARD MEETING 7:00 p.m.
Meeting was called to order by Gary Beck at 7:00 p.m. with Supervisors 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.
Minutes. Paul moved, 2nd by Gary to approve minutes of the May 6, 12, 22, 27 & 28, 2008 meetings. Motion carried.
Paul moved, 2nd by Mike to approve June disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the report as follows:
Also reported:
Sheriff’s Department. A written report was reviewed showing the following statistics for May: zero accidents; four speeding citations, one traffic citation, nineteen parking citations and eight warnings were issued. There was one misdemeanor arrest. Complaint statistics were as follows: twenty-three complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with six additional complaints, originated twenty-five on his own and performed follow up on four. He reported twelve work days, 110.5 hours and 1,179 miles driven. Eight foot patrols were conducted.
Deputy Prochaska and Sergeant Kacmarcik were not available to attend the meeting.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
In Chris’s absence, Betty requested input from the Board on planting trees in the right of way. Consensus of the Board was not to allow planting of trees in road right of ways.
Engineering Report. John Tierney’s report was reviewed as follows:
John reported on flooding over Blue Crane Court. During the last heavy rain event, flood waters reached the intersection of Blue Crane with Rookery Glen Road. Mike reported on contact with the Andersons, property owners to the north of the intersection. Their septic system was under water again due to the flooding. They continue to express concerns that their septic system will be compromised by continual flooding of the area. John reported the developer’s plans to address flooding were still in process. Consensus of the Board was for John to notify the developer that the Town will not accept the road in its current state. The road will either have to be raised and a larger retention pond installed; or removed.
John also reported meeting with Chris Birkett to review flooding on Oak Knoll Road. Mike also reported on the same issue. The property owners will fill in a swale that they recently created to direct water from their land into roadside ditches. This swale is causing the water to enter the ditch at a faster rate than before. Mike also reported a concern voiced by Gene Meyer regarding the drain tile system that serves Rookery Landing Estates. He was concerned that the beehive grates were allowing more water to enter the system. John will check into whether the grates have an impact on the system.
License Renewals:
Betty reported the fire inspector inspected all three establishments and that they had passed.
The Bunker, 29224 Evergreen Dr: Class “B” Beer & Liquor, Cigarette, Cabaret. Operator’s License Renewals: Sandra Brook, Tracy Johnson, Sherry Southard, Kathleen Elliott, Jonni A Holm, Susan Sunday
Mike moved, 2nd by Gary to approve Class “B” Beer & Liquor Licenses, Cigarette and Cabaret Licenses; and Operator’s licenses for Sandra Brook, Tracy Johnson, Sherry Southard, Kathleen Elliott, Jonnie A. Holm and Susan Sunday. Motion carried.
Hitch ‘n Post Saloon, 120 N. Browns
Lake Dr: Class “B” Beer & Liquor, Cigarette, Cabaret.
Gary moved, 2nd by Mike to approve Class “B” Beer & Liquor Licenses, Cigarette and Cabaret Licenses; and Operator’s licenses for Chad Augle, Anna Thomas, Jolene Thomas, Martin Baumgardner, Melody Jones, and Krista Anderson, with Krista Anderson’s approval contingent on submitting proof of holding a operator’s license within the past two years. Motion carried.
Honey Lake Inn, 35415 Academy Rd: Class “B” Beer & Liquor, Cigarette, Cabaret. Operator’s License Renewals: Beth Brockman, Clark Krieger, Melissa Lloyd, Michael Maciosek, David Murphy. New Operator’s Licenses: Julie Werlein; Kari Rosenberger
Mike moved, 2nd by Paul to approve Class “B” Beer & Liquor Licenses, Cigarette and Cabaret Licenses; Operator’s license renewals for Beth Brockman, Clark Krieger, Melissa Lloyd, Michael Maciosek, David Murphy; and new Operator’s licenses for Julie Werlein and Kari Rosenberger. Motion carried.
Special Exemption Permit to allow outdoor music: Hitch ‘n Post Saloon, 120 N Browns Lake Drive
August 16, 2008 from 7:00 p.m. to 1:00 a.m.
Michelle Edlebeck addressed the Board. She acknowledged the need for additional funding towards lighting the Case Eagle Park baseball diamonds and would like to donate proceeds from the poker run towards this cause. Board members thanked Michelle for her willingness to do so. Gary moved, 2nd by Paul to approve a special exemption permit to allow outdoor music at the Hitch ‘n Post Saloon, 120 N. Brown Lake Drive on Saturday, August 16, 2008 from 7:00 p.m. to 1:00 a.m. Motion carried.
Rock Ridge Subdivision Pavement Requirements
John Tierney reported on current pavement conditions in the subdivision and what options are available to deal with repair of the binder (base course) and installation of the final surface. The question before the Board was whether to allow installation of the final surface now, or to delay installation until the subdivision was 80% built out. Due to the slow-down in the real estate market, it was noted the subdivision will probably not be built out for many years. Concern was expressed about home construction vehicles damaging the road, however it was noted building in the subdivision will most likely occur sporadically over time vs. all construction occurring at once. The road will also be stronger once the final surface is installed. Steve Kempken and Steve Knurr, developers, addressed the Board. Steve Kempken presented two paving proposals, one from Payne & Dolan; and one from B.R. Amon to perform the necessary repairs and install the final surface. Paul moved, 2nd by Mike to allow patching and installation of the final surface at this time, with inspections and approval to be performed by the town engineer. Motion carried.
Application for Pond Permit (Revised): Dassow Property, 31340 Academy Road
Dionn Dassow addressed the Board. He explained that the individual who drew the previously submitted set of plans drew the wrong set. The revised set is compatible with Department of Natural Resources (DNR) permit conditions. John Tierney reported working with the DNR water management specialist to identify whether the average depth of the pond meets their permit conditions. He stated 70% of the pond is less than four feet deep. The other 30% has an average depth of 8 feet. Racine County’s comments were also reviewed. The revised plan meets the county’s 2:1 side slope requirement. Two requirements will be imposed by Racine County as follows: new trees will have to be planted to replace those removed in the environmental corridor area and the existing driveway entrance from County Highway FF will have to be abandoned before a new driveway connection can be made.
Steve Boulden, abutting property owner to the west, addressed the Board. Steve stated skepticism about the impact of the pond on area drainage. He noted more water problems than ever before. Dassow reported a swale was created on the revised plan to funnel water draining from the Boulden property into his pond.
There was question on whether funneling this water would cause erosion. John Tierney indicated invert elevations of the culverts are not specified on the plan, elevations are based on an overlay of Racine County GIS information vs. an actual survey, and the elevation of the 8” drain tile is unknown. John stated a need for more information in order to perform an accurate review of the impact of this design.
The Board directed John Tierney to create a list of additional information needed for pond review and to submit that list to Mr. Dassow. Further consideration of this item was delayed until the regular meeting in July.
Sample ordinances regarding hoofed animals
Betty reported receipt of five animal limitation ordinances obtained from different municipalities throughout the State. A report summarizing ordinance differences was also provided. Darlene Geiser addressed the Board. Darlene owns fifteen alpacas and two llamas on her land at 146 N. Honey Lake Road. The parcel is 4.5 acres in size and was subject of a recent complaint to the health department. While the complaint was found to be ungrounded, it caused investigation regarding the applicability of the Town’s hoofed animal ordinance which limits the number of animals allowed on a parcel smaller than five acres.
Darlene submitted information on alpacas, including their feet. On printed information sheets, it was stated that alpaca feet are unlike hooves and have two toes which have a toenail and pad. The article states the pad is very similar to a dog’s pad. Based on this information, the Board determined the hoofed animal ordinance did not apply.
Board members questioned Darlene on the weight of alpacas. Darlene indicated the average weight of an adult alpaca is 150 pounds. She indicated her alpacas are kept in a two-acre fenced area and that their diet is supplemented with feed other than native grass. Several neighbors were present in the audience. They offered support of Darlene’s alpaca operation and indicated no objections to the animals and/or quantity of animals on the parcel.
Board members indicated they are looking at the animal ordinance because the current ordinance does not offer flexibility in determining appropriate limits for the number of animals on agriculturally zoned parcels. Board members indicated they will be working with the Town attorney to draft a new ordinance. They suggested that those present visit the Town’s website or call the municipal office if they are interested to see when a draft version of a new ordinance will be considered.
Bid Award: 2008 Road Improvement Program
A recommendation letter from Baxter-Woodman listed four bids received for the 2008 program as follows:
Part A was defined as Evergreen Drive from STH 20 to end of roadway. Part B was defined as the Fire Station Parking Lot with 3 inches of asphalt in parking areas. The Alternate Bid was defined as the Fire station Parking Lot with 2.5 inches of asphalt in parking areas. Baxter-Woodman recommended award of the bid to Payne & Dolan as the lowest responsible bidder. Mike moved, 2nd by Paul to award the bid to Payne & Dolan for parts A and B for $131,748.75, with award of Part B contingent on approval of cost sharing by the Village of Rochester. Motion carried.
Resolution #1-2008 Wisconsin Department of Natural Resources NR 208 –Maintenance Compliance- Rochester Sewer Collection System
Betty reported this resolution and report must be submitted to the DNR annually. The resolution includes direction to deposit $1,000 annually in a separate fund to replace the sewer system’s mechanical equipment. Gary moved, 2nd by Mike to adopt Resolution #1-2008. Motion carried.
Resolution #2-2008 Mutual Aid Box Alarm System (MABAS) Agreement
Betty reported this is to update an existing agreement. The wording acknowledges private fire companies and adds a non-discrimination clause (Addendum A). Mike moved, 2nd by Paul to adopt Resolution #2-2008. Motion carried.
After the fact Pond Permit: Wayne Fuller, 28700 Plank Road
Betty reported receipt of several violation notices from both the DNR and Racine County regarding a pond on Wayne Fuller’s property. The pond has been on the Fuller property since the late 90’s. Recent modifications brought the pond closer to Eagle Creek and implemented a different set of standards and permit requirements. Wayne now has approval for both DNR and Racine County “after the fact” pond permits. Racine County will be sending paperwork asking for Town approval before issuing the permit. In this instance, the pond pre-dates the Town’s pond ordinance which was implemented in 2003. The Board was questioned on whether a Town pond permit is required or whether the pond would be considered “grandfathered”. Consensus of the Board was to require a permit since review is required. Wayne is to pay the $50.00 application fee and submit pond plans to the engineer for review. Further consideration of the permit is to be scheduled for the July meeting.
Parking Lot Grading Quotes
Betty reported on three different options for grading the parking lot behind the municipal building in conjunction with Community State Bank. Two quotes were received for installation of traffic bond. The municipal portion of the quotes were $2,680 from Custom Grading; and $2,500 from Roman’s Grading. As an alternative, Community State Bank is recommending the work be done by Asphalt Contractor’s, the company that will ultimately asphalt the surface. Asphalt Contractor’s is willing to remove topsoil and install a mixture of stone and crushed asphalt for a total cost of $3,700. While the bank was not specific about cost sharing, previous discussions estimated the municipal portion to be 10% of the overall project. Consensus of the Board was to go with Asphalt Contractors.
Interim State-Issued Certificate of Franchise Authority: Time Warner Cable
Betty reported receipt of a notice from Time Warner that they applied for a State Franchise Certificate. This is the result of a change in State Statutes that takes franchise authority away from the Town. The State Franchise will invalidate the Town’s franchise agreement with Time Warner. A letter was sent claiming retention of the Town’s 5% fee. This should retain revenues into the future. Consensus of the Board was to agree with this action.
Period for Public Comment
Board members briefly discussed hoofed animal ordinance samples. They stated a preference for: § Utilizing an “animal unit” concept vs. the current hoofed animal reference § A minimum 2.5 acre requirement before an “animal unit” would be allowed, on agriculturally zoned parcels only, with an increase of one animal unit allowed for each additional acre of land up to five acres. § The keeping of over ten animal units on less than five acres would entail licensing requirements similar to those currently imposed by the Town’s kennel license ordinance. These suggestions are to be referred to the Town Attorney, along with applicable ordinance samples, for drafting an amendment to the current hoofed animal ordinance. Harsh penalties for violation of the ordinance, such as destruction of the animals, are not to be included.
Buzz and Pat Hurley inquired about a parcel they own on County Highway D that abuts the Vista View subdivision. A berm was created along the side of a parcel abutting their land that is blocking the flow of water. There is a large retention pond in the Vista View Subdivision that is supposed to receive this water but never does. It is always dry. The water being held on the Hurley’s land has damaged crops. Buzz believes the berm was left by the developer of the subdivision and that it was an oversight of the Town Engineer that it was not ordered removed at that time. The property owner that owns the land with the berm on it has no objections to it being removed. Gary Beck did not recall any details regarding the berm and how it relates to the construction of the subdivision. He was not sure whether it was left there with a purpose or not. Betty is to look into subdivision plans and notes to see if the berm has a purpose.
Mike moved, 2nd by Gary to adjourn at 9:45 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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