June 4 Special Board Meeting (Ag School Drain Tile)
June 17 Special Board Meeting (Racine County/ Village of Rochester Comprehensive Plan)
June 29 Special Board Meeting (Sewer Utility Ordinance)
June 4, 2009
SPECIAL BOARD MEETING
3:00 p.m.
Paul Beere called the meeting to order at 3:15 p.m. with board members Chris Johnson, Chris Bennett, Mike Weinkauf, and Bob Lancour present. Ed Chart was absent. Gary Beck arrived at 3:30 p.m.
Also present:
Betty Novy, Clerk-Treasurer; Chris Birkett,
Public Works Director; John Tierney, Village Engineer; Jeff Katz, Racine County
Highway Superintendent; Pete Wood, DNR Stormwater Specialist, and Jennifer
Jerich, DNR Wetland Specialist.
Ag School Drain Tile System Failures:
Discussion on possible solutions with Pete Wood, DNR Stormwater Specialist, and
Jennifer Jerich, DNR Wetland Specialist
Tierney provided exhibits showing the Ag School drain tile system, explained the history of the tile and that it is not fully functioning at this time. The tile system once existed primarily under Racine County ownership, but the land has since been divided. There are now multiple owners. He further explained the tile system exits east of County Highway W into two drainage ponds on private property before its final exit into the Fox River.
He reported that, during times of high water, water runs both over the surface and under the surface along this tile system. Right now, the surface is dry but the tile is running. Most of the tile is privately owned, with the exception of those segments that run through both Racine County and Village road right of ways. The tile drains areas to the east, west and north of the system.
Right now property is being damaged due to decreased functionality in the system. Several homeowners must run multiple sump pumps to keep water out of their basements. The Willard marsh holds a foot of water at all times. The Frost marsh to the west and north is expanding. Additionally, there is always water standing north and south of County Highway FF; and north and south of County Highway D. Some of these areas were farmed at one time.
Jerich stated DNR involvement with any system repairs would primarily involve permitting since the tile is running entirely in a wetland. The DNR could offer feedback on repairs and how to put material back over the tile. The outfall pond is considered navigable and is subject to their jurisdiction. Jerich stated people can fix drain tiles on private property. However, when the tile system is being changed or expanded permits are needed.
Funding options were discussed. Jerich did not know of any DNR grant programs that would assist with tile system repair. Local funding options were identified as a storm-water utility district or charging the cost of repairs as special assessments on benefitted properties. Under either scenario, legal issues need to be explored.
Jerich noted tiles in a wetland are always a problem. As an alternative to fixing the existing system, she suggested giving consideration to changing the drainage route- possibly directing water down County Highway D or County Highway FF to the river via storm sewers- or through any other area that is more environmentally friendly and manageable. She indicated accessibility and maintenance of a tile system in a wetland will always prove difficult.
If the choice is made to repair the existing tile system, she suggested that manholes be installed throughout to make the tile system more like a storm sewer system. She stated farm tiles are neither desirable nor dependable for draining urbanized areas.
It was reported that the Village’s Public Works committee recently discussed
this issue and decided that the existing system should be repaired in phases
starting from the river and moving upstream over a period of years.
It was noted that repair of the system was too expensive to perform all
the work at one time and that no single property owner could afford it
themselves. The approach they
decided on was to work the system as farm tile that may eventually become part
of a storm-water district.
Floodplain elevations were discussed in relation to elevations of the tile outlet and private ponds connected to the system.
Cooperation of private property owners was identified as an item of concern. There had been some bad experiences in the past when repairs were attempted because of tree removals, ground disruption, etc. Another identified issue was that some individuals enjoy the views and wildlife associated with the wetland while other individuals are being adversely affected.
Discussion continued that the best way to proceed would be to contact the people who own the outlet ponds regarding repair of the system. They could be given options on what can be done, either to modify the existing outlet so that it exits directly into the river or to by-pass the existing outlet and re-route the tile to the river through a different property.
Novy reported easements are not held in either case and will need to be obtained before any work is performed.
Jerich indicated willingness to check old aerials to see when the drain tile outlet ponds showed up. They are not shown on the original tile map. She also indicated the engineer should double check elevations before going much further. If ponds are removed and the outlet moved directly to the river, there could be different head pressure and the system may not perform as expected. Backflow devices or flap gates should be installed in either case that could be controlled during flood conditions. It should also be noted that proper functioning of the outlet pipe could be impacted by the Rochester dam. The dam may be removed one day.
It was reported that a number of feeder tiles flow into this system and that there are numerous other tile systems in the Village that need to be identified and mapped. The Public Works Director is attempting to get information together on all existing tile systems.
Jerich indicated a master or long term plan should be developed and that those plans should consider what tile systems are doing and whether storm-sewers might be a better solution for the long term. She noted old farm tiles are not usually in the best locations. Rebuilding roads might be an opportunity to install storm sewers to replace aging tile systems once a plan is developed.
Weinkauf moved, 2nd by Bennett to adjourn at 4:20 p.m. Motion carried
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer
June 8, 2009
VILLAGE 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, and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer; John Tierney, Engineer; and Chris Birkett, Public Works Director were also present.
Pledge of Allegiance.
Minutes. Johnson moved, 2nd by Weinkauf to approve the May 11, 2009 minutes as printed. Motion carried.
Period for Public Comment (for items not on the agenda). Bennett requested that the agenda be amended to include a proclamation congratulating Korey Kumbier for achievement of Eagle Scout status. Beck moved, 2nd by Weinkauf to add the item to the agenda as item number 17. Motion carried.
Department Reports:
Rochester Volunteer Fire &
Rescue Company.
Assistant Chief Biermann reported on a successful practice burn of the Fait house that past weekend. As requested at the April meeting, he supplied a replacement schedule for fire department trucks. He also reported submitting a grant to FEMA for purchase of a new tanker truck. If granted, the municipality would have to supply $15,000 of the $317,000 purchase price. Weinkauf questioned whether the grass rig, scheduled for replacement this year, was recently inspected. Biermann indicated it had been and should last another year. Fire company member Jim Nickel was also present. Jim reported the used pumper/ tanker purchased last year has had numerous problems and the Fire Company has put $20,000 into repair costs.
Sheriff’s Department.
Deputy Castillo submitted a written report showing the following statistics for May: three accidents; ten speeding citations, eight traffic citations, eight parking citations and nine warnings were issued. There were two arrests. Complaint statistics were as follows: nineteen complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with nine additional complaints, originated thirty-six on his own and performed follow up on thirty-six. He reported nineteen working days, 143.5 hours and 1,218 miles driven. Thirty-one foot patrols were conducted.
Castillo reported the Memorial Day parade went well and there were no complaints. The Community Garden is also going well. There were two accidents last month: one on the Academy/ Heritage Road curve again; and one at the intersection of Academy and N. Honey Lake Road. He will get statistics on accidents at Heritage and Academy to support a request for installation of some type of warning signal for the curve.
Two complaints were referred to Deputy Castillo. A Board member relayed a complaint regarding the use of scooters and four-wheelers on Mink Ranch Road. Bill Weber, N. Rochester Street, complained of continual noise violations by motorcyclists and also of motorists speeding through Case Eagle Park. Castillo will keep an eye out for these issues.
Renewal of the 2010 Sheriff’s Department contract was discussed. Novy reported an overall cost increase of $6,300, or 6.5%, from the 2009 contract. Sergeant Kacmarcik reported contract negotiations with the deputy’s union had been stalled for two years with no salary increases. In 2008, a contract was negotiated that resulted in an increase. Weinkauf reported need of the Fire Company for a paid rescue staff person. He requested that the Board table the law enforcement contract to allow consideration of moving some of the law enforcement budget towards that position. Weinkauf moved, 2nd by Chart to table the 2010 Law Enforcement Contract. Motion carried.
Public Works.
Birkett presented his written report
as follows:
Lift Station: Weekly maintenance and exercise. We are having the need for both pumps to come on in the E. Main Street lift station. I am looking into it.
Parks: All three are in pretty good shape. Case Eagle spot application to weeds growing in the infield. Pioneer looked good for Memorial Day. I’d like to thank Barb Beere and Debbie Stienke and Russ Kumbier for all their help with the flower beds. Planning on anchoring picnic tables in park this month.
Sewer: I have marked out leaking laterals on Evergreen and N. River. Came up with a fact sheet handout and will be contacting homeowners next week to start televising schedule. Waterford will be working with me on this.
Roads: Currently lining up contractors for some ditching and shoulder work. Britnall will be starting right of way mowing this week. Signage for No Parking on Evergreen will also be going in.
Drainage: Continuing to look into laying out a Village wide map.
Miscellaneous: Digger’s Hotline tickets are up to date as are any complaint calls. Continuing to open park bathrooms.
Animal Control: Ordered a quarantine for an unvaccinated dog after it bit a neighbor and myself while handling him. Cleared rabies exam. Received another thin horse complaint. Stopped and spoke with owner. I am keeping an eye on it. Horse suffers from Heavas, similar to Asthma. Dassow dog ran loose again. I returned dog and contacted Tony Castillo to give him a ticket.
Birkett reported three tree removal quotes for the black locust tree in Pioneer Park. They ranged from $600 to $1,150, with T & T Tree Service being the lowest. Weinkauf moved, 2nd by Beck to have T & T Tree Service perform the work. Motion carried.
Bennett moved, 2nd
by Chart to adjourn the regular meeting to reconvene after the public hearings
beginning at 7:30 p.m. Motion
carried.
Public Hearing on Rezoning as
B-4 Highway Business District with PUD Planned Unit Development Overlay District
the development known as Millgate Centre, 151 – 231 S. Millgate Drive
Zoning Administrator Jon Schattner reported the purpose of the rezoning request and what had occurred to date. No residents appeared to offer comment. Beck moved, 2nd by Lancour to adjourn the public hearing on rezoning Millgate Centre at 7:40 p.m. Motion carried.
Public Hearing on Ordinance
#2009-1 to amend certain off street parking requirements
Schattner reported the need to amend the ordinance so that existing businesses are able to meet parking requirements of the zoning code. No residents appeared to offer comment. Lancour moved, 2nd by Weinkauf to adjourn the public hearing on Ordinance #2009-1 at 7:44 p.m. and to reconvene the regular meeting. Motion carried.
Engineer.
Tierney presented his written report as follows:
Trail of Pines Condominiums- No activity this period. Awaiting a response from the developer to B & W letter regarding the driveway culvert. The bank notified the Village that the Letter of Credit expired 6/1/2009. We prepared an estimate for completion of key improvements.
Rookery Landing Subdivision- Met with design engineer and developer to discuss remedial work.
2009 Street Improvements Design- Performed field measurements of roadway. Staked-out locations for pavement cores and soil borings to be completed by PSI, Inc. Began preparing project manual.
Ordinance Amendment Assistance- No activity this period.
Settlement of Rochester Condominium- No significant activity this period. Continued coordination with Village and utilities regarding foreclosure on the property.
Regional Drainage Concern Consultation- Updated survey exhibits for CTH W and Gypsy Lane drain tile clean outs with new field data. Presented findings at Village Public Works committee meeting and attended a special Village Board meeting with DNR and Racine County representative.
Millgate C-Store Plan Review- Reviewed preliminary site plans for the convenience store and attended Plan Commission meeting.
Tierney reported a feeder tile was opened in Rookery Landing and that the development now appears to be draining. It was also noted that the roads are in bad shape. This needs to be addressed in some way before snowplowing season.
Zoning.
Jon Schattner presented his written report showing six zoning permits issued for the month of May; and one application for variance. Jon indicated the first meeting of the Zoning Board of Appeals is scheduled for Thursday, June 25th. He also continues to review zoning ordinances to eventually merge Village and County codes into one document.
Building Inspection:
Lee Greivell presented written reports showing permits issued for April and May. April permits included one new home and one addition. It also included a raze permit for the Coral Reef Restaurant. Lee also reported that the Little Thinkers Day Care project is almost complete.
Action Items:
Rezoning Ordinance #2009-2 to
amend the Village of Rochester Zoning Code by zoning as B-4 Highway Business
District with PUD Planned Unit Development Overlay District the development
known as “Millgate Centre”
Weinkauf moved, 2nd by Bennett to suspend the rules requiring a second reading of the ordinance. Motion carried.
Weinkauf moved, 2nd by Chart to adopt Ordinance #2009-2. Motion carried.
Amendment to Developer’s
Agreement: “Millgate Centre”
Novy reported the amendment necessary to reflect the change in zoning. Bennett moved, 2nd by Weinkauf to approve the amendment to the Developer’s Agreement “Millgate Centre” as approved by the Village Attorney. Motion carried.
Ordinance 2009-1 to amend
certain off street parking requirements
Beck moved, 2nd by Johnson to adopt Ordinance #2009-1. Motion carried.
Resolution 2009-5 Specific
Implementation Plan to construct and operate a gas station/ convenience store/
car wash at 151 S. Millgate Drive
Applicants:
Millgate Development LLC; Owners:
Jim and Mary Hurst
Parcel #176031911009020
Schattner reported on Plan Commission review of the submitted site plan. Weinkauf reported the Plan Commission reviewed the proposal closely and recommended approval based on all conditions outlined in the resolution. Weinkauf moved, 2nd by Beck to adopt Resolution #2009-5 approving the specific implementation plan to construct and operate a gas station at 151 S. Millgate Drive. Motion carried.
Liquor License Renewals:
Chances Restaurant, 205 W. Main
Street: Class “B” Liquor & Beer, Soda
Operator’s License Renewals:
Daniel Pellin, Judy Hegemann, Jill Conti, Kim Schweitzer
The Bunker, 29224 Evergreen Dr:
Class “B” Beer & Liquor, Soda, Cigarette,
Cabaret.
Operator’s License Renewals:
Shirley Knight, Tracy Johnson, Sandra Brook, Kathleen Elliott, Sherry Southard,
Carolyn Royske, Tammy Albin, Jody L. Spiegelhoff, Jonni A. Hahn
Hitch ‘n Post Saloon, 120 N.
Browns Lake Dr: Class “B” Beer & Liquor,
Soda, Cigarette, Cabaret.
Operator’s License Renewals: Jessica Bichler, Tamra Menken, Martin
Baumgardner, Chad Augle, Anna Thomas, Krista Anderson.
New Operator’s License: Megan
Czajkowski
Honey Lake Inn, 35415
Academy Rd: Class “B” Beer & Liquor, Soda,
Cigarette, Cabaret.
Operator’s License Renewals:
Vincent Popp, Melissa Lloyd, David Murphy, Julie Werlein
Rochester Mini Mart, 605 S. Front Street: Class “A” Liquor & Beer,
Cigarette, Soda.
Operator’s License Renewals: Brenda Erb, Deanna Beck, David Vanwinkle, Christina
Dahlman
Deputy Castillo reported minor complaints from time to time, but no major concerns with any of the licensed establishments. He also reported that emergency contact cards have been updated for each establishment.
Beck moved, 2nd by Bennett to approve all license renewals and one new operator’s license for Megan Czajkowski. Motion carried.
Special Exemption Permit to
allow outdoor music: Hitch ‘n Post
Saloon, 120 N. Browns Lake Drive, Saturday, August 29, 2009 from 7:00 p.m. to
1:00 a.m.
“Pig Roast/ Poker Run to raise
funds for Racine/ Burlington Kids Care ID Program”
Weinkauf moved, 2nd by Lancour to approve the annual event. Motion carried.
Request for Special Animal
Permit: Jeffrey Buelow, 407 Renee
Street
Birkett reported on the request. As a result of combining two households, there are currently four dogs at this address. This exceeds the Village’s ordinance limit of three adult dogs per household. One of the dogs is 16 years old; and another is 12 years old. All dogs appear well kept and there have been no complaints other than the quantity of dogs. There was discussion regarding the difference between previous Town and Village ordinances in that the Town ordinance allows four adult dogs per household; and the Village ordinance allows three. This will have to be reconciled as the ordinance committee works on merging the two codes. Chart moved, 2nd by Lancour to grant the special animal permit allowing four dogs at 407 Renee Street pending decision of whether to uphold a three or four dog limit. If the decision is three, the permit would be in effect until such time as one of the dogs dies at which time they will be held to the limit. Motion carried.
Quarry, Gravel Pit and Asphalt
Plant Permitting Processes:
Redundancy between Conditional
Use and (previous Town) Village process
Schattner reported on two gravel pit permitting processes that ran simultaneously in the past. One was the conditional use permit process implemented by Racine County and the other was a local permit process implemented by the Town. Racine County required public hearings every four years, but renewed conditional use permits on a two year basis. Town permits were effective for two years. Both permits ran on different schedules. The Town’s ordinance is much more detailed than the county’s, but some county provisions are not included. Both processes are redundant now that the Village is administering zoning (including conditional use permits).
Beck moved, 2nd by Lancour to direct Schattner to draft an ordinance to permit quarries, gravel pits and asphalt plants under one permit process utilizing Chapter XI of the previous Town ordinances as the base model and augmenting the code with Racine County’s conditional use language. Novy is to notify holders of overdue permits that they may continue to operate under existing permits until such time as the ordinance is revised. Motion carried.
Sewer Utility Issues:
Lateral Televising Options/
Cost Sharing.
Birkett reported televising results of forty-two houses with leaking laterals. The Town of Waterford has equipment to televise laterals and has agreed to do so at a cost of $100 per house. The Public Works Committee considered this issue at their June 3rd meeting and recommended that the Village spread the cost of televising laterals over four quarterly sewer bills to the homeowner at $25.00 per quarter; and that if no problem is found that the utility pays the cost. Birkett indicated his desire to get started as soon as possible on Evergreen Drive so that if excavations are necessary they can be done before the resurfacing project. Johnson indicated there may be some funding programs for sewer lateral repair. He will perform research on that item. Weinkauf moved, 2nd by Chart to approve televising and proposed cost sharing as recommended by the Public Works Committee. Motion carried.
E. Main Street Lift Station
Pump Rebuild.
Birkett reported costs of $3600 each to rebuild the E. Main Street lift station pumps. One has a leaky seal and should be done first. He also noted some recent problems with the transducer and that he needs to hold off re-building the pumps until that issue is resolved. Chart moved, 2nd by Johnson to rebuild the pumps, order two additional rebuild kits to have on hand, and to perform these repairs and get the pumps rebuilt as soon as possible. Motion carried.
Resolution #2009-6 Wisconsin
Department of Natural Resources NR 208- Maintenance Compliance- Rochester Sewer
Collection System
Novy reported this report is due to the DNR annually. The resolution states the utility’s intent to investigate and repair sources of clear water into the sanitary sewer system and intent to review and adjust rates every six months based on sewage treatment costs. Bennett moved, 2nd by Weinkauf to adopt Resolution #2009-6. Motion carried.
Authorization to proceed with
work: Heritage Acres Drainage Swale
Birkett reported the Public Works Committee’s recommendation to have CJ’s Soil Testing perform the work for the cost of fuel and any other reimbursable expenses. A certificate of insurance will be provided. Beck moved, 2nd by Bennett to authorize CJ’s Soil Testing to perform the work and for the Village Engineer to certify final grades. Motion carried.
Community State Bank/
Rochester Municipal Building Parking Lot Surfacing:
Design and Cost Sharing
Novy reported on previous consideration of this matter by Town and Village Boards. Negotiations began last year to pave a parking lot south of the bank and municipal building. The Village owns approximately 10% of the area to be surfaced. In conjunction with the project, some sidewalk and asphalt shoulder work will have to be performed. The Public Works Committee discussed the issue at their June 3rd meeting and agreed the Village should pay sidewalk and asphalt shoulder repairs costs out of the appropriate Village budget categories. Novy requested clarification that current Board members supported this approach so that the Village Attorney could draw up a cost sharing and maintenance agreement. No objection was stated. Consensus of the Board was to proceed with that direction.
Joint Resolution #637
Authorizing the Submittal of a State Grant Application and Subsequent
Appropriation of Village and Town Funds for a household Hazardous Waste
Collection program for the Town of Burlington, Town of Dover, Village of
Rochester and Village of Waterford
Novy reported this resolution is the board’s final step in approving an application for the multi-jurisdictional grant. Johnson moved, 2nd by Lancour to adopt Joint Resolution #637. Motion carried.
2009-2010 Assessor’s Contract
Novy reported on Kathy Romanak’s proposal to renew her assessment contract with the Village. Her annual salary request is $12,300, a 2.5% increase from her previous combined Town and Village salary. Weinkauf moved, 2nd by Johnson to approve the 2009-2010 assessment contract with Kathy Romanak. Motion carried.
Request for letter indicating
Village Board opinion that “The Settlement Condominium Project” has been
abandoned by the developer: Robert
Peregrine, Equitable Bank
Novy reported on contact with Robert Peregrine of Equitable Bank. He explained that their property management firm recently reported the poor condition of the development. Peregrine indicated that the bank would like to take the property into receivership so that it can begin to address maintenance and other outstanding issues, including the turn lane. He indicated receivership would allow them to proceed much quicker than foreclosure. In order to proceed with receivership, the bank will have to prove that the developer has abandoned the project. He asked the Village to provide him with a letter concurring with that statement. This letter would then be presented to a judge in support of their claim.
Bennett moved, 2nd by Beck to have the Village Attorney draft and send a letter indicated the Village’s opinion that the developer has abandoned “The Settlement” condominium project. Motion carried.
New Street Light Installation
costs: N. English Settlement Avenue
Novy reported costs of $2,089 for WE Energies to install a pole and 150 watt street light at Settlement Drive and N. English Settlement Avenue. None of the existing poles are in a position that would light the intersection. The WE Energies representative noted there was a vacant free standing meter pedestal behind a masonry entrance wall that could be utilized to power an alternative fixture. Consensus of the Board was to have the Public Works Committee look at lighting options and report a recommendation back at a future meeting.
Summer Newsletter- presented
for additions or corrections
Novy reported final editing had not
been done, but requested approval for content.
A cover story had yet to be drafted.
Consensus of the Board was to approve as submitted.
Johnson questioned whether advertising by local businesses could be
considered. Novy will research the
possibility.
Eagle Scout Proclamation:
Korey Kumbier
Weinkauf moved, 2nd by Bennett to issue a proclamation congratulating Korey Kumbier for his attainment of Eagle Scout. Motion carried.
Russ Kumbier was present in the audience. He thanked the Board for the recognition and noted his youngest son will also be looking for Eagle Scout projects.
Correspondence was read from the Department of Natural Resources regarding recent actions on controlling the mute swan population; Town of Waterford Sanitary District rescinding their previous request to re-open the Western Racine County Sewerage District contract; Congressman Paul Ryan regarding the TIGER Discretionary Grants Program; State Senator John Lehman acknowledging receipt of the Village’s Prevailing Wage and Clean Sweep Resolutions; and Racine County Emergency Management requesting representation from the Village at an upcoming Hazard Mitigation Task Force meeting. Chris Bennett offered to attend.
Committee Reports:
Public Works Committee: Johnson reported on items not discussed during the Board meeting. The Village will receive a $1,000 credit from Visu-Sewer due to some shortcomings in their recent televising. Lighting issues for the library, fire station and municipal building were also discussed at the June 3rd meeting. The committee hopes to have quotes and a recommendation ready for the July Board meeting.
Ordinance Committee: Beck reported the first meeting of the committee will be Monday, June 15th at 7:00 p.m.
Honey Lake Protection and
Rehabilitation District: Weinkauf reported on
district efforts to replace a 400 foot long 24” cement pipe between Tahoe and
Delmonte Lakes. The pipe is crushed.
They are also planning to sell some unimproved right of way.
Western Racine County Health Department: Bennett reported the department discontinued separate blood pressure clinics and now only perform those services in conjunction with their immunization clinics. The availability of blood pressure machines at numerous locations has significantly decreased attendance at those clinics. They also plan to hold another unwanted pharmaceutical collection next year. There were six confirmed cases of Swine Flu in Western Racine County; and three probable. They are trying to get costs associated with tracking those cases reimbursed by FEMA. Their next meeting is July 28th.
Finance Committee: Approval of 6-8-09 Disbursements and Investments. Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail of May 12th – June 8th. These were no certificates of deposit due. Bennett moved, 2nd by Johnson to approve the finance committee’s recommendations. Motion carried.
Beck moved, 2nd by Bennett to adjourn at 9:57 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer
June 17, 2009
Joint Plan Commission and Village Board Meeting
6:45 p.m.*
*Note:
An open house immediately preceded this meeting, beginning at 6:00 p.m.,
at which maps and a summary of the proposed Multi Jurisdictional Comprehensive
Plan for Racine County were available for viewing.
Paul Beere called the roll for the Village Board. Gary Beck, Chris Bennett, Ed Chart, Chris Johnson, and Mike Weinkauf were present. Bob Lancour was absent.
Mike Weinkauf called the roll for the Village Plan Commission: Paul Beere, Maureen Eckert, Chris Johnson, James Joseph, Tom Rowntree and Mark Tamblyn were present.
Also present: Betty Novy, Clerk-Treasurer; Jon Schattner, Zoning Administrator; Julie Anderson, Director of Planning Services for Racine County; Dave Schilling, Southeastern Wisconsin Regional Planning Commission; and Kristie Lie, UW- Extension Coordinator.
Public Hearing:
Multi- Jurisdictional Comprehensive Plan for
Schilling reported on Comprehensive Plan activities to date. Schilling, Anderson and Lie served as staff support to representatives of the seventeen communities represented in the plan. Ten newsletters summarizing plan chapters were distributed as they worked through the process. It took three years and 24 meetings to draft the plan. The Comprehensive Plan includes each municipality’s individual plan and fills the gaps needed to meet the ten plan elements required by Smart Growth legislation. Schilling noted that every community was missing at least one element. A master planning map of all 17 communities has been created.
In order to keep residents informed and involved, public information meetings were held, surveys were utilized, and information was available online throughout the process.
The comprehensive plan is to be used as a guide for day to day planning decisions. Beginning January 1, 2010, land use decisions will have to be consistent with the plan. When development is not consistent, both the plan and ordinances will have to be amended. Any changes to the comprehensive plan require a 30 day legal notice. Additionally, each municipality enacting a change should send a copy of the information to Anderson for compilation of an annual report.
It was clarified that the zoning map does not have to be amended immediately to reflect the recommendations of the plan. However, as development occurs, the zoning map should be amended to be consistent with the plan map. The Village’s zoning ordinance needs to be updated to include a zoning classification that supports three acre density with flexibility for conservation subdivisions. The C-2 zoning classification should also be changed to read five acre density instead of three (the classification applicable to environmental corridor).
The comprehensive plan includes reference to area wide drainage. It was noted the Village is working to map farm drain tiles.
Schilling indicated community support developments such as schools, elderly home facilities, and playgrounds are consistent with any land use classification. He noted six public hearings have been held so far. The Towns of Dover and Waterford have already adopted the plan. They have not run into any opposition.
There was question about the year 2035 plan date. Schilling indicated state law requires the plan to be at least 20 years out. In ten years, it is recommended that the plan be updated. However, he noted the plan will most likely be updated more frequently as each municipality enacts changes.
Weinkauf commented on the amount of information gathered for this plan. It lists everything in Racine County there is to list. He found it interesting to review the tables which inventory items such as lakes, parks, and other resources.
Schilling noted completion of the comprehensive plan worked well for all of Racine County. Racine County was the only county where all municipalities agreed to cooperatively complete the plan. State grant monies were awarded and no municipality incurred any direct out of pocket costs for plan preparation.
Beck asked Schattner for a recommendation. Schattner recommended the plan be approved as submitted.
No residents appeared for the public hearing.
Bennett moved, 2nd by Eckert to close the public hearing at 7:20 p.m. Motion carried.
Weinkauf called the Plan
Commission meeting to order at
Resolution #1-2009 Adopting a
Comprehensive Plan
Joseph moved, 2nd by Tamblyn to adopt Resolution 1-2009. Motion carried.
Beere moved, 2nd by
Johnson to adjourn the Plan Commission meeting at
Beere called the Village Board
meeting to order at
First Reading:
Ordinance #2009-3 Adopting the Comprehensive Plan for the Village of
Rochester
Weinkauf moved, 2nd by Bennett to suspend the rules requiring a second reading of the ordinance. Motion carried.
Weinkauf moved, 2nd by
Johnson to adopt Ordinance #2009-3 Adopting the Comprehensive Plan for the
Beck moved, 2nd by
Johnson to adjourn at
Respectfully submitted,
Betty J. Novy
Clerk-Treasurer
Planning Secretary
June 29, 2009
SPECIAL BOARD MEETING
6:00 p.m.
Paul Beere called the meeting to order at 6:00 p.m. with board members Gary Beck, Chris Bennett, Ed Chart, Chris Johnson and Bob Lancour present. Mike Weinkauf arrived at 6:10 p.m.
Also present:
Betty Novy, Clerk-Treasurer; and Chris
Birkett, Public Works Director.
Reconcile inconsistency between policy
and ordinances defining responsibilities for repair of private sewer laterals
within public right of way.
Novy reported on recent review of the consolidated sewer utility ordinance with the Village Attorney. Under the definition of “Building Sewer” a clause was discovered that places responsibility of sewer lateral maintenance within the street right of way on the utility. This was not the intent when the ordinance was drafted.
Common practice by sewer utilities throughout the state is such that private laterals are the responsibility of the homeowner because they serve the homeowner exclusively. In past conversations with legal counsel, the crossing of the lateral through the road right of way was explained as more or less an easement granted for the benefit of the property owner. The fact that the consolidated sewer ordinance does not reflect that policy should be corrected before any private lateral repairs are found necessary and/or ordered.
There was discussion regarding past and current sewer lateral construction practices and ways to identify sources of clear water infiltration into the sewer system. Board members agreed the utility should actively look for sources of clear water infiltration and that fines should be issued when intentional violations, such as connection of storm water drains, are found.
Bennett moved, 2nd by Chart to direct the Village Attorney to draft an amendment to the sewer ordinance that clarifies responsibility of private laterals from the building to the main as the property owner’s and that includes a graduated fine schedule for residents that discharge storm-water drains to the sewer system as follows: 1st violation- written warning; 2nd violation- $500 fine; 3rd violation- $1,000 fine. Motion carried.
Additionally, Board members indicated they would like to see all sewer maps consolidated into one map and/or into a GIS system.
Bennett moved, 2nd by Beck to adjourn at 6:52 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer