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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
Special Meetings: 10-17-2005
October 10, 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; and Christopher Birkett, Public Works Supervisor; were also present.
Pledge of Allegiance.
Paul moved, 2nd by Mike to approve minutes of the September 8, 12 & 26, 2005 meetings as printed. Motion carried.
Mike moved, 2nd by Gary to approve October 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.
A special meeting was scheduled for Monday, October 17, 2005 at 7:00 p.m. to start work on the 2006 Budget.
Sheriff’s Department. Sergeant Kacmarcik reported the following statistics for September: three accidents; twelve speeding citations, nine traffic citations and forty-one warnings were issued. Complaint statistics were as follows: thirteen complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-eight additional complaints, originated thirty-one on his own and performed follow up on five. He reported 19 work days, 166.75 hours and 2,019 miles driven. Sgt. Kacmarcik reported on 2006 budget cuts at the County level. There will be fourteen less officers in 2006. However, Deputy Prochaska will remain assigned to this contract position. Deputy Prochaska reported on one fatal vehicle accident on STH 20 and CTH D. There will be felony charges based on intoxicated use of a vehicle. Deputy Prochaska continues to collaborate with Chris Birkett on house number installation; they are addressing problems as they come along. He reported back on inspection of CTH D in the area of Payne and Dolan’s entrance. The area does not seem as severely rutted as the intersection of CTH D and STH 36. Chris Birkett will check with the County Road Supervisor to see if work is planned for these areas.
Public Works Department. Christopher Birkett presented the monthly report as follows:
Lift Station: · Standard exercise of values and generator. · There appears to be some damage to the roof of the station. Chris is looking into it.
Roads: · Getting ready for Winter by touching up shoulders and checking culverts. · Right of ways are being mowed for the last time. · Tree cleanup on Upland Drive is finished.
· The Rock Ridge Subdivision cul de sac was inspected with the
Town Engineer. They concur two-way
Culvert Grates:
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Based on engineer recommendations, the Town should make grates mandatory on
culverts over 20” or
· In addition, Chris is in the process of getting prices to
install grates on those culverts identified as a
House Numbers:
·
Nothing was installed in the past month, but Chris will start up again this
week. He hopes to have
Snow Plowing Contracts:
· Several contacts have
been made with potential contractors. Chris is encouraging them
Snow Management Seminar:
· Chris attended the
two-day program and found it very informational. He thanked the
Gary inquired about the culvert at the Hazelo property. Chris stated he will be working on it in the next seven to ten days.
Proclamation for the “National Business Women’s Week”
The Proclamation was presented at the request of the Waterford Area Business and Professional Women’s group. Gary moved, 2nd by Paul to adopt the Proclamation. Motion carried.
Conditional Use Application to extend Sand and Gravel Extraction and Processing Operation and to be allowed to Mine Below the Water Table: Park View Sand and Gravel; 31844 Washington Avenue
The Conditional Use Application, Plan Commission minutes and recommendations were reviewed with clarification that Lloyd and Joan Sippel had already been given an opportunity for baseline water testing. Paul moved, 2nd by Mike to approve extension of the Conditional Use Permit for Park View Sand and Gravel’s gravel extraction and processing operation, including mining below the water table, contingent that additional property owners, identified as: Robert and Dorothy Gollmar, 31705 Washington Avenue; Rhoda Runzheimer, 31617 Washington Avenue; Curtis and Donna Peterson, 31539 Washington Avenue, and the Ela Apple Orchard, 31308 & 31219 Washington Avenue; be given the opportunity for baseline well tests next year. Motion carried.
Request to waive Developer’s Agreement requirement for building pad locations and elevations from the as-built survey; verification of first 12-month improvement requirements and clearance to issue building permits; Rock Ridge Subdivision: Steve Kempken
Steve Kempken addressed the Board reporting all 12-month requirements have been met on his development with the exception of locating building pads and their elevations on the as-built survey. Steve explained these are large parcels and people have a lot of flexibility as to where they build their houses. He requested a wavier from the requirement. Review correspondence provided by the Town engineer, John Tierney, verified all 12-month requirements have been met with the exception of building pad elevations, which he had no objection to waiving for this type of subdivision. Gary moved, 2nd by Mike to waive the building pad elevation requirement, to approve verification that 12-month requirements have been met and to allow issuance of building permits contingent on verification by the Town Attorney that all legal requirements have been met. Motion carried.
Clarification of “Planned Sewer Service Area” and
“Urban Reserve” requirements to affect development of the following parcels:
28815 Washington Avenue- Owner: Joyce Malison (55 acres); and Developer: Premium Properties Ventures, LLC; Engineer: Thomas Foht, P.E. (Kapur & Associates)
Plan Commission review of these proposed developments identified two issues that need resolution before plans can move forward. Direction from the Board was requested on whether or not public sewer extension will be required. The parcels are designated both “Planned Sewer Service Area” and Urban Reserve” in the Land Use Plan. The Plan Commission recommended that if the area is to be developed that it be allowed to develop at four to five acre average density rather than force sewer to come to the area. Discussion clarified these parcels are not in the sewer district, rather in an area planned for sewer expansion in the future. Two options for expanding sewers into the area were reviewed, as documented in the Rochester Sanitary Sewer Study. The nearest Town sewer line is over a mile a way and connection is cost prohibitive at this time.
John Kojis, 29020 Washington Avenue, stated he looks up to these properties from his own and stated preference for low density development. He feels this would help minimize additional water run-off from developed lands. He also commented that one of the presented sewer alternatives shows one mile of sewer running through his family’s farm land. He indicated if sewer was run through this property and they are assessed, the Town can expect his farm to be developed at a high residential density.
Ken Dahlstrom, N. English Settlement Drive, commented the Land Use Plan Committee saw this area as a possible expansion of commercial development planned for the “triangle area” bounded by CTH D, CTH 20 and CTH 36. Ken indicated whatever development is allowed needs to consider future plans. When serving on the Plan Commission, Ken requested a neighborhood plan be created before any development would be allowed. He feels this is a complex situation that should be well thought out.
Gary moved, 2nd by Paul to obtain a legal opinion that clearly defines the legal issues involved to remove an area from the Planned Sewer Service Area without repercussions. Motion carried. The Town Attorney is to be invited to special meeting planned for October 17th.
Building Code Ordinance and Fee Amendment Requests: Jim Deluca, Building Inspector
Jim presented proposed ordinances he is working on with the City of Pewaukee. He requested consideration of similar building, plumbing and electrical code language to be adopted into Town ordinances. Some issues addressed in the updated language include:
Jim requested Board review of the ordinances to identify issues that could be deleted or added accordingly. He feels these requested ordinances will provide him with necessary tools if problems should arise in the future. Consensus of the Board was to review the ordinances over the next month and contact Jim with any concerns. Jim was directed to put something together for next month that highlights new areas of the ordinance and how the fee schedule would change.
Request to waive inspection fees for sewer plant
upgrades:
A letter received from Lynn Tamblyn, WRCSD Secretary, requested a refund of Town inspection fees on sewer plant upgrades. The Clerk reported a total of $4,663.12 charged for structural, HVAC and Plumbing permits on the sewer plant addition. The Town Building Inspector has already been compensated for his services (80% of the permit fees). Jim indicated multiple inspections were required. Mike moved, 2nd by Paul to deny the request with explanation to the District that due to late timing, a refund cannot be considered at this time. Motion carried.
Application for Holding Tank Permit: Robert
Bartz, 35313 Academy Road
The realtor representing sale of this property was present. She explained the required septic test failed and submitted soil tests found a holding tank system to be the only option. This is for an existing house. Gary moved, 2nd by Mike to approve the application for a holding tank system at 35313 Academy Road. Motion carried.
Application for Operator’s License: Michelle D. Schroyer; Dale’s Bar
The Clerk reported a responsible beverage course completion certificate was submitted with the application and the criminal background check did not find any alcohol related offenses. Mike moved, 2nd by Gary to approve the Operator’s License for Michelle Schroyer. Motion carried.
Period for Public Comment: Pat Hurley questioned use of Park and Recreation funds. Board members indicated they are allowing the fund to build until enough is available to light the baseball diamonds at Case Eagle Park. Pat questioned whether the Board would consider installation of a tennis court. She stated there are USTA grants available, up to $20,000, to build tennis courts. Consensus of the Board was they would take this into consideration in the future.
Gary moved, 2nd by Mike to adjourn at 9:15 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
October 17, 2005 SPECIAL BOARD MEETING 7:00 p.m.
Beck stated that the Board could not advise the developer on which direction to take until after the Land Use Plan Committee Meeting.
2006 Budget Preparations The Clerk presented costs as estimated or known for 2006.
Budget figures were approved for public hearing as follows:
The resulting mill rate is $2.96 per $1,000.00 of assessed value.
Motion made by Weinkauf seconded by Beere to adjourn meeting at 9:20 p.m. Motion carried.
Repectfully submitted,
Sandi Swan Deputy Clerk – Treasurer
October 27, 2005 JOINT TOWN/ VILLAGE BOARD MEETING 5:30 P.M.
Gary Beck, Town Chairman, called the meeting to order at 5:30 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present from the Town Board; Jim Henning, Dean Stapleton, Mark Tamblyn, Judy Karweik and Bill Weidert present from the Village Board. Chris Denman, Village President, arrived at 5:40 p.m.
Also present: Christopher Birkett, Town Public Works Supervisor; and Betty Novy, Clerk-Treasurer (T. & V.).
Award of Snowplowing Contract
Proposals were reviewed and compared from four companies:
Chris Birkett reported finding all companies to be well run and felt confident with any choice. DOC’s Sewer and C & C Asphalt rates were found to be most economical. It was noted DOC’s has numerous commercial accounts and some concern was expressed over potential service conflicts. C & C Asphalt owns less equipment, but has many back-up sources should problems arise. It was also noted C & C has minimal commercial conflicts and is located right outside the Town border. It was assumed the company closest in proximity would offer the quickest response time.
Weidert moved, 2nd by Weinkauf to award the 2005-2006 Town and Village snowplowing contracts to C & C Asphalt.
Town votes: 3 (Aye):0 (Naye), Motion carried. Village votes: 6 (Aye):0 (Naye), Motion carried.
Henning moved, 2nd by Beere to adjourn at 5:50 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy, CMC Clerk-Treasurer
October 27, 2005 JOINT LAND USE PLAN COMMITTEE 6:30 P.M. SPECIAL TOWN BOARD MEETING
Committee members present: Brian Wanasek (chairperson), Bob Willard, Pat Hurley, Chris Johnson, Chuck Haubrich, Chris Denman, Dennis Crombie, Dean Stapleton and Mike Weinkauf.
Town Board members present: Gary Beck, Paul Beere and Mike Weinkauf.
Betty Novy, secretary, was also present.
Brian called the meeting to order at 6:30 p.m. and began with a brief report on recent dealings with Walworth County. Walworth County requires a five-acre density on new land divisions in its A-2 zoning, with an 80% open space requirement; 50% if commonly owned. They approach required open space with a set of priorities, the first being preservation of agricultural lands; the second being preservation of environmental corridor; the third being preservation of natural resources; additional preservation objectives are then prioritized from there. Brian offered this information to illustrate how the Land Use Plan Committee’s density and open space requirements compare to what neighboring Towns and Counties are doing.
Minutes. Pat Hurley moved, 2nd by Dean Stapleton to approve minutes of the September 28, 2005 meeting. Motion carried.
Progress Update and Direction on Requested Amendments to Land Use Plan: Town of Rochester Board
Gary Beck, Town Chairman, addressed the committee. Gary reported on receipt of a petition for map amendment to remove a strip of land, approximately three hundred feet wide, existing to the south of Washington Avenue in the area west of its
October 27, 2005 JOINT LAND USE PLAN COMMITTEE 6:30 P.M. SPECIAL TOWN BOARD MEETING
intersection with STH 20, from both Planned Sewer Service and Urban Reserve designations in the Land Use Plan. The request is to amend this area to a rural density classification. He further explained the request was submitted at the direction of the Town Board to create consistency between the Land Use Plan and a recent development proposal. It was clarified this area is not currently in the sewer district, rather an area that was identified for future expansion of the district. The Board feels the area would best be developed at low residential densities vs. the higher densities that would result if sewer extension was required.
Gary also noted the Land Use Plan committee has been stuck on the rural density issue for a long time and questioned how soon the committee would get to addressing requests for map amendment.
Brian reported the committee is close to a recommendation to amend rural density options. At the September meeting, two options were agreed upon. They were:
No vote was taken on the recommendation because some committee members felt a definition for open space was needed before they would feel comfortable doing so.
Gary Beck stated the Town Board would like an indication of when this issue will be settled. Additionally, he stated the Town Board has never side-stepped committees and values their input. However, in this instance, the committee appears to be stagnant on the rural density issue. He requested the committee move forward.
Continued discussion on Rural Densities; and an
Open Space definition and Intent statement:
Open space intent and definition statements submitted by Mike Weinkauf, Chris Denman, Chuck Haubrich, Brian Wanasek and Dennis Crombie were discussed.
Chris Denman moved, 2nd by Bob Willard to recommend amendment of the Land Use Plan to incorporate the two rural density options reached by consensus at the September meeting and adopt the open space definition submitted by Chuck Haubrich (as follows):
Open Space Definition:
Open space is defined as one or more out lots (separate tax parcels) in a subdivision, with undeveloped land that has been deed restricted or protected by conservation easement from development. A deed restricted or conservation easement protected outlot may be owned by one person or multiple people in common.
The outlots will be large contiguous areas suitable for agriculture, recreation, or environmental habitat. They will be maintained for the preservation, restoration, and management of agricultural, environmental, or historic features.
Open space shall be substantially free of structures, but may contain historic structures and/or recreation and/or agricultural facilities approved by the municipality.
Examples of acceptable open space (based on 80 acre parcel):
October 27, 2005 JOINT LAND USE PLAN COMMITTEE 6:30 P.M. SPECIAL TOWN BOARD MEETING
Not acceptable for open space:
Discussion on the outlot concept brought up a question on whether outlots require separate tax key numbers. Paul Beere noted Racine County discourages multiple tax key numbers for land under single owner ship. Betty Novy noted existence of at least one subdivision where some lots have an associated outlot attached under one tax key number. Brian Wanasek indicated this issued should be clarified with Racine County in the future.
Votes were: Crombie: Aye; Denman: Aye; Willard: Aye; Haubrich: Aye; Stapleton: Aye; Wanasek: Aye; Hurley: Aye; Weinkauf: Naye; Johnson: Naye. Motion passed.
Brian then stated agenda items for next month as follows:
Period for Public Comment:
Jim Anderson, Washington Avenue, questioned whether consideration had been given to setting back development from the heron rookery located on the southern border of the Malison-Hoyer properties. Wanasek indicated this will become a consideration of the Plan Commission as they work through the development. However, the Land Use Plan Committee is aware of its existence and will be sure not to place the Urban Reserve designation right up to its boundary.
Ken Dahlstrom, N. English Settlement Ave., questioned whether the intent of open space was to keep open space accessible to all the property owners of a development. If so, the ability for one or limited property owners to own it is not consistent with the intent. Response was such that this is not the intent of open space unless a developer wants to set it up that way.
Buzz Hurley, N. Browns Lake Drive, questioned who pays for the required 50% open space that will just lie there. Brian Wanasek replied if no open space requirement is desired, five- acre average density is still an option. Buzz stated further concern about how densities in the sewer district will pan out. Brian noted this is still to be discussed and all the Land Use Plan committee has done at this point is create another option for rural development.
The next meeting of the committee was set for Wednesday, November 30th at 6:30 p.m.
Bob Willard moved, 2nd by Dean Stapleton to adjourn at 7:54 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Secretary
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