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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
Link to: May 6 2008 Special Board Meeting Link to: May 12 2008 Special Board Meeting Link to: May 22, 2008 Special Joint Board Meeting Link to: May 27, 2008 Special Board Meeting
MAY 6, 2008 SPECIAL BOARD MEETING 4:30 p.m.
Meeting was called to order by Gary Beck at 28811 Blue Crane Court at 4:30 p.m.
Present: Gary Beck, Town Chairman, Paul Beere, Supervisor #1, Mike Weinkauf, Supervisor #2, Christopher Birkett, Public Works Supervisor, John Tierney, Town Engineer, Betty Novy, Clerk-Treasurer. Representing Premium Property Ventures (developer of Rookery Landing Estates Subdivisions): Greg Reesman, Bob Riggs, Greg Governatori, Engineer.
The purpose of the meeting was to discuss drainage plans affecting Blue Crane Court
Several possible solutions were discussed to address flooding that overtops Blue Crane Court during heavy rain events. Consensus of those present was to attempt the following approach:
Mike moved, 2nd by Gary to adjourn at 5:20 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
MAY 12, 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; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present.
Pledge of Allegiance.
Minutes. Mike moved, 2nd by Paul to approve minutes of the April 14, 2008 meetings. Motion carried.
Paul moved, 2nd by Mike to approve May disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the report as follows:
Betty reported on Town General CD#100194244. Based on investments approved at the April meeting, the balance of the Certificate of Deposit will be transferred to the money market account when it comes due May 29th.
Also reported:
Sheriff’s Department. A written report was submitted showing the following statistics for April: zero accidents; eight speeding citations, four traffic citations, four parking citations and twenty-one warnings were issued. Complaint statistics were as follows: sixteen complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with sixteen additional complaints, originated twenty on his own and performed follow up on ten. He reported sixteen work days, 138.25 hours and 1,527 miles driven. Four foot patrols were conducted.
Deputy Prochaska reported traffic volumes down, most likely due to the increase in gas prices. There were some ATV issues in Honey Lake this past month. Deputy Denman issued one citation. Several street name signs have been taken down in the Honey Lake Area. Deputy Prochaska asked that Mike submit a request to the district to get these replaced as soon as possible. Officers unfamiliar with the area may have difficulty locating addresses without them. Mike indicated several street lights are out in Honey Lake. WE Energies told him they prefer that the Sheriff’s Department report outages. Deputy Prochaska will record the pole numbers and report them to the Clerk to request repairs. Construction on CTH D is expected to begin soon. Gary questioned the placement of flags at the intersection of STH 36 and STH 20. It was unknown what improvements the State Department of Transportation is planning. Tierney indicated he would check into plans.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
Chris indicated the Village of Rochester is contracting with Visu-Sewer to televise their sewers. He would like to have the Town’s unmapped sewer line televised at that time. Consensus of the Board was to approve the televising. There was discussion on the different types of mowers utilized for right of way mowing. Racine County has a fourteen-foot cut mower; whereas Johnson and North have six to eight foot cut mowers. Although Racine County has a substantially higher hourly rate, the work may get done faster. Consensus of the Board was to have Donnie North do the first cut; Johnson do the mid-summer cut; and Racine County do the final cut in Fall.
Engineering Report. John Tierney’s report was reviewed as follows:
John reported working with Rookery Landing’s engineer on possible solutions to drainage problems on Blue Crane Court. He received some preliminary plans and will forward them to Board members upon final review. Betty reminded John and Board members that the developer for Rock Ridge Subdivision will be attending the regular Board meeting next month. In November of last year, a date of June 30, 2008 was set to decide whether to require installation of the final surface of asphalt in the subdivision, or to require a deposit of escrow funds so that the Town may install the final surface at their discretion. The Board will look to John for a recommendation on that topic.
Application for Pond Permit (Revised): Dassow Property, 31340 Academy Road
Betty reported on receipt of a revised set of pond plans for the Dassow site on Thursday, May 8th. The original plan was approved in November of 2007 subject to Racine County approval and conditions. Dionn Dassow addressed the Board. He explained the revised plans do not differ substantially from the initial plan. Racine County required a set of scale drawings before approving the permit. Betty reported on technical reviews that had been performed since the revised plans were received. Racine County Land Conservation performed an onsite review for soil erosion control. Side slopes of both the proposed pond and earthern berms are not in compliance with Racine County requirements. The revised plans were also reviewed by Heidi Hopkins of the State Department of Natural Resources (DNR). The revised plan does not comply with conditions established in the wetland conservation/ pond permit issued for the site last year. Heidi indicated if the pond is built to these specifications, it will be in violation of DNR provisions. Betty indicated the Town cannot approve the pond due to these conflicts. Dionn will have to obtain approval from both the DNR and Racine County on his revised plans before the Town will take an action. Racine County’s Soil Erosion Control comments were provided to Dionn for consideration.
Steve Boulden, property owner to the west, addressed the Board. Steve displayed copies of aerial photos and surveys showing the subject properties to illustrate the flow of water into the area between his and the Dassow properties. Steve’s parcel is the root parcel from which the Dassow parcel was created. In the past, Steve had a trench dug to address failure of a drain tile on what is now the Dassow property. The trench was dug so that water could flow freely into a drain tile inlet near the center of the proposed pond. This system worked adequately for many years. When the Dassow home was constructed, a downstream section of the drain tile was broken by excavators. Since then, water has backed up in the system. The Dassows have moved a lot of dirt around on their property attempting to fix the problem. Water has been flowing steadily over land through the Dassow property through the drainage ditch on and under Academy Road, eventually making its way into another drain tile that runs through several properties to the west of Weber Estates subdivision in the Village of Rochester, then back through several Town properties before eventually dumping into the Fox River. Steve burned out three sump pumps trying to keep his basement dry in the past year. All of this water previously drained underground through the drain tile system. Now standing water is common along most of the properties tributary to both tile systems.
Dassow explained he opened up the drain tile where it was broken. However, the water does not drain at an adequate rate. It was noted that the system west of Weber Estates subdivision is overloaded and has not drained properly for years. An aerial photograph showed how properties to the north, including Washington Avenue or County Highway “D”, are being affected. Water has been standing on these properties for two or more years. It was noted that this standing water is also affecting the road bed of County Highway “D” immediately west of the Village of Rochester.
Steve stated no objection to a pond on the Dassow property. However, he does have concerns over the proposed berms. He feels the berms will block the natural flow of water across his property into the proposed pond area/ drain tile on Dassow’s property. Dionn explained he only included berms in his design because the DNR told him he could not remove any excavated materials from the site. He needs a place to put the material.
Judy Schaefer, property owner to the west of the Boulden’s, also expressed concern. She questioned why the DNR allowed the Dassows’ to move so much dirt around in the wetland area. She thought there were rules against that. She also noted standing water in several areas that did not hold water prior to these happenings.
Bob Willard, property owner to the north of the Dassows, also noted standing water in some of his fields that has not dried up at all in the past five to six years. These are fields that used to drain.
Board members noted the Town pond permit could not be approved due to conflicts with other regulatory agencies. Mr. Dassow was given direction to modify his plans to exclude the berms. He was also directed to contact the DNR with his revised plans.
Request for interpretation: “hoofed animal” ordinance
Betty reported on an inquiry from the Health Department regarding the property at 144 N. Honey Lake Road. The Health Department received an anonymous complaint about the quantity of animals on the property, rats and junk. Upon investigation, Andrea Yaeger, public health nurse, found a number of llamas and alpacas penned on the property. While Andrea found the environmental complaints ungrounded, she questioned whether local ordinances limited the number of animals.
The Town’s animal ordinance limits the number of hoofed animals on a parcel between two and five acres to one. The subject parcel is 4.5 acres. The ordinance does not include a legal definition of “hoofed animal”. There was question on whether llamas and alpacas fall under that classification. After discussion, consensus of the Board was that they were. However, further discussion gave rise to the question of whether the limitation is reasonable. Several properties throughout the Town were noted to be in violation of this ordinance. The question of why five acres is the cut off also arose. It was noted that as little as three acres could be sufficient for two horses. However, this would be dependent on the type of land and several other factors.
Gary moved, 2nd by Mike to table consideration of the ordinance violation for 30 days while the clerk researches possible modification to the ordinance that may ease restrictions, with particular attention to possible special exception or permit provisions that would be subject to Town Board approval. Motion carried. It was suggested that the Town’s Association be consulted for model ordinances.
Discovery of unmapped sewer service off N. River Road; possible infiltration source
This item was discussed under the Public Works Department Report.
Establish value for Sewer Replacement Fund; determine annual contribution amount
Betty reported on replacement values for the pumps currently installed in the Fox River Prairie lift station. The current price per pump is $4,893. Useful life was estimated anywhere between ten and thirty years depending on use and whether they are routinely maintained. The pumps are currently five years old. Several annual contributions scenarios to establish a replacement fund were discussed. Consensus of the Board was to create a segregated fund with an annual contribution amount of $1,000.00. Betty will have an ordinance or resolution drawn up to that effect for the June meeting.
Summer Newsletter presented for additions or corrections
Betty reported a front page article will be drafted after the public information meeting on consolidation is held. Consensus of the Board was to approve the newsletter for distribution.
Application for Operator’s License: David S. Murphy
Betty reported David’s responsible beverage server’s course completion certificate had been submitted and his criminal background check shows no alcohol or drug related charges. Mike moved, 2nd by Gayr to approve an operator’s license for David S. Murphy. Motion carried.
Period for Public Comment: There was none.
Mike moved, 2nd by Gary to adjourn at 9:05 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
May 22, 2008 JOINT TOWN/ VILLAGE BOARD MEETING 7:00 p.m.
Meeting was called to order at 7:00 p.m., with Chris Denman, Dean Stapleton, Russ Kumbier, Jim Henning, Bill Weidert, Dave Pattengale and Mark Tamblyn present from the Village Board; Gary Beck and Mike Weinkauf present from the Town Board. Town Supervisor Paul Beere was absent.
Betty Novy, Clerk-Treasurer, was also present.
Technical Revision: Land Use Plan Map
Novy reported on a revision to the Joint Land Use Plan map proposed by both Racine County and Southeastern Wisconsin Regional Planning Committee. A parcel on English Settlement Road (CTH J) is classified “Other Public Open Space”. Racine County sold the land last year. It is currently being used as a gravel pit. SEWRPC recommended changing the classification to “Extractive”. Consensus of both Town and Village Boards was to approve the revision to the map.
Installation of gravel base for parking area; south side of Municipal Building
Denman reported on Village Board approval for Community State Bank to install a gravel base for their parking lot this year. This is a lot that will be shared by the bank and the municipal building. The bank will not be paving until either late fall- or early spring next year because the foundation area of the house previously sited on the lot is settling. A quote was solicited to install a gravel base in what will be the Town and Village’s area of the lot. Denman indicated the Village would like to obtain additional quotes, but questioned whether the Town Board was agreeable to installing the gravel base this year. Consensus of the Town Board was that this is agreeable and to forward information on additional quotes when it becomes available.
Installation of concrete sidewalk on west side of building.
Denman reported on several Village projects that will involve concrete work this year. Due to minimum concrete orders, the Village is proposing to install a sidewalk from the new parking lot around the west side of the building to the side entrance with these projects. The estimated cost for the concrete is $2,000. The Village’s request is for the Town to donate $650 towards the sidewalk.
Gary Beck moved, 2nd by Mike Weinkauf to approve installation of the sidewalk with the Town contributing $650 towards the cost. Motion carried.
Russ Kumbier moved, 2nd by Bill Weidert to approve installation of the sidewalk to coincide other Village concrete projects. Motion carried.
Establish format for consolidation public information meeting.
Board members indicated the brochure that was mailed to citizens explained many of the more common questions heard on the consolidation issue. However, it was noted there may be some issues Board members have not yet heard. Those present were encouraged not to try to answer questions without knowing the answer. Unknown answers can be researched, with a response given either individually, in the next community newsletter or at the planned October information meeting.
The Clerk was directed to have additional copies of the (mailed) brochure available at the meeting. In addition, both municipality’s zoning maps, the Joint Land Use Plan map and the budget example from the brochure should be put on display. These images should also be available for projection as well. The agenda for the meeting was for the Clerk to provide a summary of the consolidation process to date, followed by open discussion on the topic.
Mike Weinkauf brought up the issue of representation. He reported being questioned by several individuals about how many residents that now live in the Town will be on the new Village Board. It was noted the question could not be answered because it will depend on who decides to run for Village President and Village Trustee positions. It was noted the population of what is now the Town is twice that of the Village. Representation will depend on people’s willingness to run. The consolidation ordinance was set up so that positions would be elected “at large” from the community. Districts could be assigned in the future if it is found to be the will of the combined community.
Jim Henning questioned what happens to unincorporated areas once re-classification as a Village occurs. Honey Creek and Honey Lake areas were specifically mentioned. The clerk is to research this topic in advance of the public information meeting.
Mike Weinkauf reported serving as the Town’s representative on the Honey Lake Protection and Rehabilitation District. He noted some resentment by individuals living in Honey Lake. They have private roads which they pay to maintain through extra tax dollars to the Honey Lake District. Some residents do not feel that arrangement is fair considering they pay the same town taxes as residents who live on roads maintained by the Town. Gary Beck reported a brief history of the issue, indicating Honey Lake roads are very narrow and improving them to meet Town standards would mean that many front yards would be lost. When the Town explored taking over those roads in the past, residents did not want to give up their yards in exchange for public roads. Chris Denman reported several private road developments in the Village that pay for upkeep of their own roads. He considered this a similar arrangement. A representative of the new Village Board will have to be a liaison to the Honey Lake Protection and Rehabilitation District.
There was also a question about gravel pits in the Town and how operations will be regulated when and if the municipality incorporates. It was noted that the Town has a permit requirement that regulates operations. Gravel pit restoration requirements are regulated by the Department of Natural Resources. The responsibility to administer and enforce those regulations will stay with Racine County.
Gary Beck moved, 2nd by Russ Kumbier to adjourn at 8:19 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
MAY 27, 2008 SPECIAL 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.
Sandi Swan, Deputy Clerk and John Hotvedt, Town Attorney were also present.
Review land division ordinance provisions with particular attention to rural density requirements for residential development recommended by the Land Use Plan for the Town and Village of Rochester
John Hotvedt stated that he read through Town Board minutes and talked with Betty Novy and feels he has a general direction to create an ordinance as to amend the provisions in the land division ordinance. He stated that he laid out some guide posts of what he thought needed to be addressed to further the goals of the board.
He felt it came down to two sections of Chapter 27 that would require detailed review and modifications. First, Section 27.303 entitled “Subdivision Development Yield Analysis” also known as “Density” and Section 27.700 entitled “Conversation and Conventional Subdivision Requirements” would both require amendments.
Both sections mentioned break down land divisions into six categories. Hotvedt went through the categories with the Board.
A. Conservation (PUD) non-sewered subdivision - Minimum 3 acre density (Section 27.303 Sub paragraph b. and Section 27.714 subparagraph b.) - 60% open space (section 27.303 subparagraph b. and Section 27.714 subparagraph b.
B. Conservation subdivision in a sewered district
The Land Division Ordinance currently requires, at Section 27.303 subparagraph B, that the density associated with type of division be consistent with the Land Use Plan for the Town and Village of Rochester 2020. Additionally, the ordinance requires that any such land division maintain not less 40% open space (Section 27.702 subparagraph a. and section 27.714)
C. Conventional subdivision in a non-sewered dist
The Land Division Ordinance requires, at Section b. 27.303 subparagraph c.,that land divisions of this nature maintain not less than 5-acre density.
D. Conventional subdivision in a sewered district
The Land Division Ordinance requires, at Section 27.303 subparagraph d., that the density in any such land division be consistent with the Land Use Plan for the Town and Village of Rochester 2020 as amended time to time.
E. Minor land division in a non-sewered district
The Land Division Ordinance requires, at Section 27.603 subparagraph c.1., that any such division maintain a minimum density of not less than five acres.
F. Minor land division in a sewered district
The Land Division Ordinance requires, at Section 27.603 subparagraphc.2, that the density of any such land division be consistent with the Land Use Plan for the Town and Village of Rochester 2020 amended from time to time.
After reviewing each category and incorporating the changes that best fit the wishes of the Board. Weinkauf moved, 2nd by Beck to direct Atty. John Hotvedt to amend the Land Division ordinance to require a minimum density of 3 acres in non-sewered land division categories and to remove any such reference to open space requirements. Motion carried.
Discussion was held about how to protect land that has been classified by SEWRPC as un-developable. Consensus was to not specify changes in that area at this time.
Motion made by Beck, 2nd by Weinkauf to adjourn at 7:49 p.m. Motion carried.
Respectfully submitted by, Sandi Swan , Deputy Clerk-Treasurer
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