April 27, 2009
BOARD MEETING
7:00 p.m.
Paul Beere called the meeting to order at 7:00 p.m. with Gary Beck, Chris
Bennett, Ed Chart, Chris Johnson, Bob Lancour, Mike Weinkauf present.
Betty Novy, Clerk-Treasurer; Chris Birkett, Public Works Director;
John Tierney, Engineer; Jon Schattner, Zoning Administrator; and Lee
Greivell, Building Inspector, were also present.
Minutes. Weinkauf moved, 2nd by Beck to approve minutes of the March 23,
2009 meeting of the Consolidated Board of Trustees for the Village of Rochester.
Motion carried.
Period for Public Comment. Tom Iverson, 403 Oak Hill Drive, presented a
letter to the Board stating concern over the lack of erosion control measures in
The Settlement condominium development. He also submitted photographs of
silt flowing through the development and accumulated silt deposits. He
indicated this is partially to blame for failure of the dry hydrant system that
is installed in their pond. He also stated concern over failure of curbs
and asphalt in the development. He asked that the Board consider
addressing these issues when drawing on the letter of credit to complete
improvements. The development is currently in foreclosure.
Iverson updated the Board on legal actions the condominium owners are pursuing
in order to make the condominium association functional. Right now,
whoever owns the development holds 41 of the 58 votes needed to make decisions
on behalf of the association. They are also responsible for 41/58 of
maintenance costs, etc. Since the bank is foreclosing on the development,
the condominium owners are seeking action to see that they are reimbursed for
costs incurred and that they are able to make decisions regarding maintenance.
Iverson also asked that the Board consider placement of a street light at the
intersection of County Highway J and Settlement Drive.
Department Reports.
Rochester Volunteer Fire & Rescue. Jim Nickels, Executive Vice President
of the Fire Company, addressed the Board. Beere stated the desire of the
new Village Board to have quarterly reports from the Fire Company, including
information on equipment and upcoming capital purchases. Jack Biermann,
Acting Fire Chief, indicated a replacement schedule for vehicles is included in
the annual budget presentation. It was noted replacement of the grass rig
was put off to accommodate purchase of a back-up pumper/ tanker. The
replacement date for this vehicle should be considered in upcoming budgets.
Nickels reported numerous mechanical problems with the pumper/ tanker that was
purchased last year. However, they hope the problems will be resolved
soon. Beere requested an update on daytime rescue call coverage. It
was reported that less than five responders are available during the day because
of employment obligations. Mutual aid is heavily relied upon.
Additionally, training and paperwork requirements continue to increase for their
volunteers. Nickels reported rescue call revenues are down 33% this year.
The ability of the fire company to fund a full-time position has been
compromised. Weinkauf expressed his desire that the Village fund a
full-time position for rescue when and if it becomes necessary. Biermann
also reported he is working on a federal grant towards purchase of a new pumper.
Sheriff’s. A written report was reviewed showing the following statistics
for March: one accident; sixteen speeding citations, seven traffic
citations, ten parking citations and eighteen warnings were issued. There
were zero arrests. Complaint statistics were as follows: Eight
complaints originated through calls directly to the Sheriff’s Department; Deputy
Castillo assisted with six additional complaints, originated fifty-five on his
own and performed follow up on twenty-eight. He reported seventeen working days,
139.0 hours and 1,199 miles driven. Eighteen foot patrols were conducted.
Public Works. Chris Birkett, Director of Public Works, submitted the
following written report:
Sewers/ Lift Station.
Exercise generator valves weekly. Fox River Prairie station has been
acting up again, working to resolve issue. Wet well cleaning is scheduled
for May 4th. Western Racine County Sewerage District is looking into
different repairs for laterals into interceptor.
Roads.
Basically in good shape. Small pot holes, nothing significant. There
were some washouts with this last rain. Signage is in good shape. We
have one stop sign down. Will take care of tomorrow.
Parks.
Global started mowing last week. Rochester Commons and Pioneer Park are
fertilized. Case Eagle is scheduled for tomorrow. Bathrooms are open
in Case Eagle. Playground chips need to be replenished at Rochester
Commons.
Animal Control.
Very quiet. Caught three cats and have found homes for them.
Drainage.
Still looking into issues on Maryl Street/ old agricultural school property.
Last rains really messed up beaver plans on County Highway FF. Rookery
Landing looks like water was on the road again by debris left on pavement, but
can’t say for sure.
There was discussion regarding several playground chip material options. Rubber
chips were mentioned. Birkett will research options and costs to report at
the next Board meeting. Weinkauf reported stopping an individual from
dumping three cats off at his farm. Birkett indicated anyone observing
this type of behavior should report the vehicle license number to the police.
This is an offense punishable by citation.
Engineer. John Tierney, Engineer, submitted the following written report:
Trail of Pines Condominiums
-
No activity this period. Awaiting a call from the developer to test the
private lift station.
Coyote Territory Subdivision
-
No construction activity this period. Drive thru inspection revealed
possible erosion starting in ditches.
Rookery Landing Subdivision
-
Periodic site visits during and after rain events to verify revised grading
function.
Heritage Acres Drainage
-
Topographic survey completed and printed copy delivered to Village Clerk.
Rochester Street Bridge Drainage
-
No activity this period.
2009 Street Improvements- Design
-
Topographic survey of Evergreen Drive is complete. Coordinating with soil
engineering companies for Village services. Met Public Works Supt. On site
to review drainage problem at intersection.
Ordinance Amendment Assistance
-
No activity this period.
Little Thinkers Day Care- Evergreen Drive
-
Met with property owner and the proposed tenant at the building to review
drainage in the playground area. Prepared approval memo to Zoning
Administrator.
Settlement of Rochester Condominiums
-
Coordinating with TDS Telecom for their wire relocation. Copied plans for
CTH J and transmitted to TDS.
Dassow Pond Drainage Complaint
-
Met with Village staff and visited site to investigate recent drainage
complaints regarding drain tiles and work in wetland area.
Regional Drainage Concern Consultation
-
Prepared a draft letter to DNR for Village review and signature. Letter
requests DNR assistance on regional drainage issues involving wetlands, farm
tiles and property damage.
Millgate C-Store Plan Review
-
Reviewed preliminary site plans for the convenience store and gas station at the
corner of Hwy. 36 and Main Street.
Lot 10 Rock Ridge Drainage Review (Laux)
-
Coordinated with Village Zoning Administrator and reviewed drainage and grading
plan. Submitted suggested conditions for the Shoreland Contract.
There was discussion regarding the function of storm water facilities in Rookery
Landing Subdivision. Tierney will follow up with the developer. Novy
reported on communication with a State engineer on the N. Rochester Street
project and associated ditch complaint. The State is scheduling a meeting
with Village officials and the design engineer to discuss resolution of the
issue. It was clarified that “Regional Drainage Concern Consultation”
deals with drainage problems west of the Fox River.
Building Inspection. Lee Greivell submitted a written report detailing 13
building permits for March. He reported building activities slightly up
from preceding months. Greivell noted Racine County is proceeding with a salt
storage shed project at their public works garage on Academy Road. Board
members asked that erosion control measures be given special attention.
Greivell also reported two raze permits, one for the Mansell house, 407 N.Front
Street, which was a recent victim of fire; and another for the Coral Reef
Restaurant, 706 S. Front Street.
Zoning Administrator.
Jon Schattner submitted a written report detailing eight zoning permits issued
for the months of February through April. These included one conditional
use permit and two site plan reviews. Schattner reported on some of the
challenges incurred since starting to work for the Village in January.
Most zoning forms and procedures are now in place.
Revisions to the Rules and By-Laws of the Village Board (2/3 Vote Required.)
Novy reported proposed revisions to the by-laws include amending the standing
meeting date and committee structure. Weinkauf moved, 2nd by Bennett to
amend the by-laws to establish the 2nd Monday of every month at 7:00 p.m. as the
standing meeting date and to provide for the following committees: Public
Works, Finance, Ordinance, and Ad Hoc. Motion carried.
Request for extension of deadline for removal of dogs from premises:
Roberta Connor, 207 E. Main Street
A written extension request submitted by Roberta Connor was reviewed along with
the original notice ordering the Connors’ to remove or relocate the number of
dogs in excess of what Village ordinance allows by April 21st. The Village
Attorney also provided correspondence outlining enforcement options. Novy
reported that the owner of the house had contacted her the day of the meeting.
He was granted a court order evicting the Connors’ and expects them to be out
within 48 hours or ten days. He was not sure of the timeline because of
conflicting deadlines in the paperwork he received from the courts.
Birkett requested enforcement direction by the Board just in case the Connors’
remain on the premises past the eviction date. Weinkauf moved, 2nd by
Chart to assess a fine of $154.50 per day starting May 10th if the dogs are
still there. Motion carried.
Schedule Racine County Comprehensive Plan Open House/ Public Hearing (June 9, 17
or 18); Reconcile differences between Land Division Ordinance, Zoning Code
and Land Use Plan
Novy reported a need to schedule Rochester’s public hearing date for the Racine
County Comprehensive Plan. Racine County and Southeastern Wisconsin
Regional Planning Commission (SEWRPC) will have staff present to field technical
questions at all hearings. Consensus of the Board was to schedule the
hearing for Wednesday, June 17th at 7:00 p.m.
She also reported on contact with Dave Schilling of SEWRPC regarding final steps
in completing the Comprehensive Plan. The County’s plan includes all
individual municipal plans. Rochester needs to reconcile some differences
between its land division and zoning ordinances; and the Land Use Plan.
The Land Use Plan specifies three acre density with a 50% open space requirement
for divisions of land classified as “Rural Density Residential and Agricultural
Land”. The Land Division Ordinance specifies three acre average density
with no open space requirement. By the time the Racine County
Comprehensive Plan is adopted, the conflict must be resolved- either by amending
the ordinance or by amending the Land Use Plan. The Plan
Commission takes the first step in reviewing and recommending changes in either
instance.
Weinkauf moved, 2nd by Lancour to provide direction to the Plan Commission
indicating the Board’s preference that requirements of the Land Division
Ordinance be reflected in the Land Use Plan so that future divisions of land
classified as “Rural density residential and agricultural land” would be subject
to three-acre average density without mandatory open space requirements but that
options would be retained to create open space at the developer’s request and
that development would be limited in those areas classified as undevelopable.
Motion carried.
Multi-jurisdictional Clean Sweep Grant Participation
Novy reported a number of west end municipalities are considering participation
in a grant application to hold a 2010 Clean Sweep Household Hazardous Waste
Collection event. The chances of a grant award are greatly increased when
the event involves more than one municipality. Local municipalities would
be responsible for 25% of the costs. It is proposed that those costs be
divided based on the number/ percentage of individuals participating from each
municipality. Beck moved, 2nd by Johnson to include Rochester in the 2010
Clean Sweep Grant application. Motion carried.
Letter of Credit Draw- The Settlement of Rochester
Novy reported on status of The Settlement of Rochester condominium development.
Equitable Bank has initiated foreclosure on the developer’s holdings in the
project. Exhibits were shown to display the three phases of the
project referenced in the development agreement and the number of active
condominium units. The development agreement called for construction of 84
units. Currently, 58 units have been assigned tax key numbers and are
subject to condominium restrictions. Of 58 units, 24 are built and 17 are
occupied.
The engineer provided a list of outstanding improvements and associated cost
estimates to complete the work. Email correspondence from the Village
Attorney regarding how the developer’s letter of credit (financial guarantee)
could be utilized was also reviewed. The Village Board took action
at their March 18th meeting to draw on the developer’s letter of credit to
complete outstanding improvements in a specified order. Subsequent
consultation with the Village Attorney suggested further consideration was in
order regarding sewer and road improvements in the areas not subject to
condominium restrictions. There is flexibility in the way those areas can
be built out. The attorney recommended the Board not complete any
improvements in areas not subject to condominium restrictions.
Novy reported on priorities of the previous Village Board. The first
priority was to complete the road connection to Millgate Drive (Oak Hill Circle)
and associated storm sewer to address public safety and access issues.
This falls within the area not subject to condominium restrictions. Both
Millgate and The Settlement developments have only one access point for
emergency and other vehicles. The sanitary sewer is already installed
under Oak Hill Circle in the area that will connect to Millgate Drive and the
road is partially built. The Village Attorney counseled that if the connection
road is constructed, the Village will be responsible for maintenance of that
section of road until/ if the condominium continues as planned. Public
access and sanitary sewer easements provide the ability for the Village to
proceed on that matter.
The second priority was to install the remainder of public sanitary sewer.
Due to the flexibility assigned to the rest of the development, this does not
seem to be a practical use of letter of credit monies. The third priority
was to construct the County Highway J turn lane, including relocation of utility
poles and phone cables. This was supposed to have been completed by the
developer in 2005 and is a condition of the Racine County Public Works highway
access permit. The fourth priority was to install the second lift of
asphalt on roads already installed; and the fifth priority was to complete the
roads not yet installed. Additional direction was given to
complete whatever work is necessary to make the dry hydrant system operational.
Discussion continued regarding timing of the installation of the second lift of
asphalt, curb failures, erosion control measures and repair of the dry
hydrant system installed in the pond at the entrance to the development.
Bennett moved, 2nd by Weinkauf to authorize a draw on the developer’s letter of
credit for the following amounts:
· $51,000 to move utilities to
allow construction of the southernmost County Highway J turn lane;
· $10,500 to reimburse the
Village $5,400 in delinquent legal and engineering fees and to replenish the
cash deposit for future legal and engineering fees; and
· an additional amount to be
determined by the Village Engineer for earthwork and erosion control measures
necessary to repair and ensure proper operation of the dry hydrant system
contingent on favorable counsel from the Village’s attorney that this draw is
authorized under the terms of the developer’s agreement.
Motion carried.
Heritage Acres Drainage Survey: John Tierney
Tierney reported on results of the drainage survey and presented a conceptual
plan to remove a section of the berm between the drainage easement on the Mayer
property, 32819 Vista View Drive, and the vacant parcel to the north. The
berm is blocking water from the drainage path. It was noted the plan was
just created in advance of the meeting and it had not been submitted to the
Mayers’ for review. Most of the work would occur on their property.
Consensus of the Board was to mail a copy of the plan to the Mayers’ and to
invite them to a Public Works Committee meeting for further discussion.
2009 Crack filling proposal
Birkett presented a proposal from Crack Filling Service, Corp., to seal cracks
on the following roads not to exceed $7,500: N. River Road; Rowntree
Road; Musquequack Street; Vergon Road; Old Orchard Way; Way-Mar
Lane; Langmaid Street; Fairview Street; and Oak Knoll Road. The work
on Oak Knoll will proceed until time and materials meet the $7,500 limit.
Weinkauf moved, 2nd by Bennett to approve the proposal. Motion carried.
Park improvement plans: Christopher Birkett
Birkett presented a list of recommended improvements for Pioneer Park as
follows: fix concrete around posts for chain link railing/ fence;
mulch around trees, plantings, shrubs and benches; identify hazard trees
and prioritize removal; remove two to three poor doing shrubs;
remove brush from river bank; come up with a better anchor system for
picnic tables and put it into practice; repaint and/or stain tables;
trash cans same as picnic tables; fill in low spots and reseed.
He also suggested soliciting participation by the community gardening club for
park landscaping and children enrolled in summer library programs to paint
picnic tables. Consensus of the Board was to refer these
recommendations to the Public Works Committee for further consideration.
Resolution #1-2009 authorizing creation of a 2010 Census Complete Count
Committee
Novy reported on communication with a representative of the U.S. Census Bureau
asking that the Village consider forming a complete count committee. This
is to show support of local municipalities for resident participation in the
census. Beck moved, 2nd by Chart to adopt Resolution #1-2009. Motion
carried.
Resolution #2-2009 designating public depository and authorizing withdrawal of
Village moneys
Novy reported the purpose of the resolution to update signatures on the bank
accounts. Bennett moved, 2nd by Weinkauf to adopt Resolution #2-2009.
Motion carried.
Appoint 2009 Board of Review: Paul Beere & Betty Novy (Statutory), Mike
Weinkauf, Chris Bennett, Ed Chart. Schedule first meeting:
Wednesday, May 27, 2009 6:30 p.m. – 8:30 p.m.
Beck moved, 2nd by Weinkauf to confirm Board of Review appointments and schedule
the first meeting date of Wednesday, May 27th. Motion carried.
2009-2010 Committee assignments
Paul Beere made the following committee appointments:
Public Works: Christopher Bennett, Gary Beck Jr., Chris Johnson, Ed Chart,
Mike Weinkauf and Vince Klemko. Christopher Birkett is to serve as staff
support for these meetings.
Finance: Gary Beck, Chris Johnson and Bob Lancour.
Ordinance: Gary Beck, Ed Chart, Bob Lancour and Russ Kumbier.
Historic Preservation: Joanie Beck, Jim Henning, Beverly Schlichting and Geri
Schwabe.
Plan Commission appointments and assignment of terms: 3-year terms:
Mike Weinkauf (chairperson), Chris Johnson and Maureen Eckert; 2 year
terms: Mark Tamblyn and James Joseph; 1 year terms: Paul Beere
and Tom Rowntree.
Village representative to Western Racine County Health Board: Christopher
Bennett.
Assign terms for Zoning Board of Appeals members: Paul will determine terms at
the May meeting.
Beck moved, 2nd by Lancour to accept the appointments. Motion carried.
Appointments: Clerk-Treasurer, Deputy Clerk-Treasurer, Assessor, Attorney,
Prosecutor, Engineer, Head of Emergency Management Services.
Beck moved, 2nd by Weinkauf to confirm the following existing appointments:
Betty Novy, Clerk-Treasurer; Sandra Swan, Deputy Clerk-Treasurer;
Assessor: Katherine Romanak; Attorney: Thomas Kircher;
Prosecutor: John Hotvedt; Engineer: John Tierney; Head
of Emergency Management Services: Tim Dahlberg (Fire Chief). Motion
carried.
Correspondence was read from Racine County Public Works regarding Memorial Day
Parade road closings; and Elizabeth Joseph regarding a request for fence and
kennel setback regulations. The regulation request will be referred
to the Ordinance Committee for further consideration.
Committee Reports:
Public Works: A meeting was scheduled for Wednesday, May 6th at 7:00 p.m.
to discuss Heritage Acres drainage, park improvement plans and the Dassow pond
permit.
Ordinance Committee: A standing meeting date of the third Monday of each
month at 7:00 p.m. was established to begin work on consolidating (previous)
Town and Village ordinances into one code of ordinances.
Racine County Comprehensive Plan Multi-Jurisdictional Advisory Committee:
Weinkauf reported 19 meetings of the committee so far, and that the committee
is nearing the end of plan creation. Public hearings are being scheduled
for all Racine County municipalities.
Honey Lake Protection and Rehabilitation District Board: Weinkauf reported
175 households in Honey Lake that exist on the Racine County/ Rochester side.
The District Board deals with issues such as proper operation of the dam, fixing
roads, plowing, etc. The area is served by private roads.
Western Racine County Health Board: Novy reported representatives will
attend the May meeting to give their annual report and overview of services.
Finance Committee: Beck reported the committee’s recommendation to pay
April disbursements listed on the March 24 -April 27, 2009 Check Detail.
Chart moved, 2nd by Bennett to approve the recommendation. Motion carried.
Other Business: Beere reported the Rochester Commons Community Garden is
prepped and ready. The Garden Club is renting 20 x 20 plots for $20.
Weinkauf moved to adjourn at 10:47 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer