May 10, 2010
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; Christopher Birkett, Public Works Director; Jon
Schattner, Zoning Administrator; and John Tierney, Engineer, were also present.
Pledge of Allegiance.
Minutes. Weinkauf moved, 2nd by Bennett to approve minutes of the April 7
& 12, 2010 meetings as printed. Motion carried.
Period for Public Comment (for items not on the agenda). Stacy Kopchinski,
co-owner of Chances Restaurant, 208 W. Main Street, addressed the Board.
Kopchinski reported on some complaints they had received regarding the placement
and smell of the dumpster behind the restaurant. She stated they are
working with the adjacent property owner to find mutual agreement on placement
of the dumpster and that a fence will be installed to address concerns over
loose debris. Secondly, she understood the Village was recommending a
bio-chemical agent be used in the restaurant’s grease trap to reduce grease
entering the sewer system. She indicated they already used a product for
that purpose. Birkett will work with the restaurant on that item.
She also had several building and zoning permit questions. Schattner
indicated he would work with her on those issues at a later date.
Department Reports:
Sheriff.
Deputy Castillo submitted a written report showing the following statistics for
April: two accidents; sixteen speeding citations, six traffic citations,
seven parking citations and eight warnings were issued. There was one
misdemeanor arrest. Complaint statistics were as follows:
twenty-three complaints originated through calls directly to the Sheriff’s
Department; Deputy Castillo assisted with five additional complaints, originated
forty-two on his own and performed follow up on twenty-nine. He reported
twenty-one working days, 172 hours and 1,424 miles driven. Twenty-two foot
patrols were conducted.
Additionally, Castillo reported extra attention for speed enforcement on N.
River and Front Streets is continuing. Castillo then distributed
information on registered sex offenders living in Rochester and indicated intent
to inform Board members if any issues arise involving those individuals.
Beere reported on a call he received involving suspicious exchanges at the
Rochester Cemetery and concern that drug deals may be occurring there.
Another resident indicated he witnessed the same type of exchanges at the
library. Castillo will give these areas special attention. Chart
reported continued complaints about junk cars at 33335 Washington Avenue and
that neighbors had not seen any progress. Castillo will step up his
efforts to get the junk cars removed from that property.
Public Works. Birkett’s written report was reviewed follows:
Lift Stations/ Sewer: Weekly testing of stations. Ace Sewer Cleaning
and T.V. have completed their work and will be getting footage and report this
month. Cleaned wet wells in both stations.
Roads: Continuing with spring housekeeping.
Parks: Commons and Case Eagle are ready for year. Pioneer Park will
be ready by Memorial Day. I’ve been working on hazard tree removal in park
and also getting more flowers planted. Barb Beere has basically single
handedly filled the bridge bed. All parks are fertilized.
Animal Control. Very quiet this month.
Drainage: Ag School drainage. The four property owners we invited to
the D.P.W. committee meeting were very receptive to our plans and want to be
kept in the loop and have input. John Tierney did an excellent job with
his presentation.
Additionally, Birkett reported on HVAC system maintenance. One of the
municipal building’s rooftop units has a Freon leak. The unit was
installed in 1980. Jeff Katz, Racine County Public Works
Engineer, was present in the audience. Johnson questioned whether Racine
County will cooperate with the village on addressing drainage system repairs
when they run under county highways. Katz indicated the county will work
cooperatively to address the problems.
Engineer. Tierney’s written report was reviewed as follows:
Trail of Pines Condominiums: Met on site with sewer contractor and
observed test run of the lift station. The level controls need adjustment,
and the alarm does not appear to be set correctly, but the lift station is
functional.
Coyote Territory Subdivision: No activity this period.
Rookery Landing Subdivision: No activity this period.
2009 Street Improvements: Coordinated with Payne & Dolan for punch list
walk thru the week of May 10th.
Settlement of Rochester Condominiums: Collect information on past Letter
of Credit reductions, field verify present conditions, and discussion with staff
and condominium representative regarding outstanding improvements.
Ag School Drain Tile Study: No activity this period. Presentation to
land owners regarding tile system study.
Community State Bank Park Lot- Plan Review: Coordination with staff
regarding County highway storm sewer ownership and new parking lot connection.
Basic Village Engineering Services: Assisted PW Superintendent with
culvert replacement specifications on Rowntree Road. Drove Village roads
with PW Superintendent to establish a strategy for future repairs.
Provided floodplain assistance regarding a Honey Lake property on Del Monte.
Legislative Update: State Assembly Representative Robin Vos
Robin Vos addressed the Board on the following state issues:
New prevailing wage requirements are a topic of particular concern to local
governments. Public projects costing $25,000 or more are now required to
meet prevailing wage requirements. Previously, the minimum was $250,000.
He knows of many instances where this has caused increased costs for local
government. He will try to get the $250,000 minimum reinstated.
Badgercare Basic has extended Medicaid coverage to every one in five state
residents- a 9% increase.
The gas tax is proposed to go to automatic indexing this year. Vos opposes
this measure unless the tax is restricted for road maintenance purposes only.
Wisconsin Shares, a state child care program, was allocated $1 billion in the
state’s biennial budget. Fraud investigations are being stepped up for
this program.
The High Speed Rail project from Milwaukee to Madison is a very high cost
project which State Republicans oppose. Scott Walker will end this project
if elected governor.
The county wide assessment proposal has been defeated. The proposal would
have shifted costs from the Department of Revenue to County governments to
perform this function. Vos expects it will come back before the
legislature in the next session.
Proposed changes to state election laws have also been defeated at this time.
Proposed changes were such that any elector could be put on a permanent absentee
list where ballots would be mailed along with a postage paid return envelope for
every election. Municipal Clerks opposed the measure due to
increased costs. Many people were also worried about election fraud.
Vos ended his report with a request that anyone with ideas to cut costs in local
government contact him. Vos was thanked for the report.
Beck moved, 2nd by Weinkauf to adjourn the regular meeting at 7:43 p.m. to
reconvene after conduct of a public hearing. Motion carried.
Public Hearing: Ordinance #2010-1 to Rezone from A-2, General Farming &
Residential District II, & C-1, Resource Conservation District, to B-3,
Commercial Service District, the property located on the SE corner of English
Settlement Ave. (CTH J) and State Highway 36 (STH 36)
Owners: Mike & Kim Rosenthal
Ed Chart, 33525 Washington Avenue, stated concerns about the range of businesses
allowed in the B-3 zoning district. He was concerned the zoning district
would allow a high traffic impact business to be located on the parcel.
Schattner replied any proposed use will require review by the Plan Commission
and conditional use approval because of the parcel’s close proximity to the
intersection of State Highway 36 and County Highway J.
Plan Commission Chairperson Weinkauf reported on the Commission’s consideration
of this re-zoning. The Plan Commission recommended approval of the rezone
because the Highway 36 corridor is where commercial businesses are planned to
be. The Plan Commission will be able to determine access requirements for any
use while going through the conditional use process.
Schattner also reported this irregular shaped parcel will require a lengthy
driveway, thereby reducing traffic stacking concerns on both highways.
Jim Hurst, Millgate Development, LLC, commented on right of way lines shown on
the plot plan. The distance of the parcel from State Highway 36 is
deceiving because the paved surface of the highway is actually 100 feet within
the exterior right of way line. This allows more distance from the
intersection than is shown on the plan. Any driveway entrance would have
the benefit of an additional 100 feet from the intersection.
No additional comments were heard.
Chart moved, 2nd by Johnson to adjourn the public hearing and reconvene the
regular meeting of the Board.
Ordinance #2010-1 to Rezone from A-2, General Farming & Residential District
II, & C-1, Resource Conservation District, to B-3, Commercial Service District,
the property located on the SE corner of English Settlement Ave. (CTH J) and
State Highway 36 (STH 36)
Owners: Mike & Kim Rosenthal
Weinkauf moved, 2nd by Bennett to adopt Ordinance #2010-1. Motion carried.
Conditional Use for the continuation of a sand & gravel extraction operation
(Honey Creek Site), including washing, crushing of recycled concrete and asphalt
and an asphalt plant at 34604 Washington Avenue
Owners/Applicants: Payne & Dolan Inc
Beere and Weinkauf reported on the public hearing and action taken on the
proposed conditional use at the May 3, 2010 Plan Commission meeting. The
Plan Commission recommended approval of the two-year permit for Payne & Dolan at
the Honey Creek site incorporating all recommendations of the zoning
administrator specified in his memorandum dated April 30, 2010 and
compliance with Racine County restoration requirements.
Beck moved, 2nd by Chart to approve the conditional use permit incorporating the
recommendations of the Plan Commission and Zoning Administrator. Motion
carried.
Conditional Use for the continuation of a sand & gravel extraction operation
(Kramer-Buss Site), including washing, crushing of recycled concrete and asphalt
and an asphalt plant at 810 N. Browns Lake Road
Owners/ Applicants: Payne & Dolan Inc.
Beere and Weinkauf reported on the public hearing and action taken on the
proposed conditional use at the May 3, 2010 Plan Commission meeting. Beere
noted this is probably the last conditional use renewal for this site before it
is restored. The Plan Commission recommended approval of the two-year
permit for Payne & Dolan at the Buss-Kramer site incorporating all
recommendations of the zoning administrator specified in his memorandum dated
April 30, 2010 and compliance with Racine County restoration requirements.
Johnson moved, 2nd by Bennett to approve the conditional use permit
incorporating the recommendations of the Plan Commission and Zoning
Administrator. Motion carried.
Conditional Use for the continuation of a sand & gravel extraction operation,
including crushing of concrete & asphalt at 32020 Academy Road
Owners/ Applicants: Racine County Public Works
Weinkauf reported on the public hearing and action taken on the proposed
conditional use at the May 3, 2010 Plan Commission meeting. He noted
the county is performing restoration of the site as it mining progresses across
the parcel. The Plan Commission recommended approval of the two-year
permit for the Racine County Public Works gravel pit at 32020 Academy Road
incorporating all recommendations of the zoning administrator specified in his
memorandum dated April 30, 2010.
Weinkauf moved, 2nd by Bennett to approve the conditional use permit
incorporating the recommendations of the Plan Commission and Zoning
Administrator Motion carried.
First Reading: Ordinance #2010-2 amending section II(E) of Ordinance
#2009-2, to extend the deadline for the second Millgate Centre Implementation
Plan.
Novy reported this item was also considered at the May 3rd Plan Commission
meeting. The Plan Commission recommended that an extension be granted.
Legal requirements necessitate that the original approving ordinance be amended.
Because the ordinance affects zoning, a public hearing is required.
Consensus of the Board was to schedule a public hearing for the June 14th
meeting.
Permit to construct a pond on a lot located north of Washington Avenue and east
of Upland Drive Owner/ Applicant: Nick & Jacqueline Ahlers Parcel
Id#176031905002001
Chart recused himself from consideration of this matter as he is related to the
applicants. Weinkauf reported the pond permit was reviewed at the April
5th Plan Commission meeting. The Plan Commission recommended approval of
the permit to construct the pond contingent on the recommendations of the zoning
administrator, minus silt fence requirements, and letters of no objection from
abutting property owners. Bennett moved, 2nd by Johnson to approve the
pond permit subject to the recommendations of the Plan Commission. Motion
carried.
Letter of Credit, Erosion Control and Detention Pond Issues: The
Settlement Condominiums
John Tierney reported on outstanding obligations to be performed under the
letter of credit for “The Settlement of Rochester” condominium project as
follows:
·
Backfilling of curbs and curb repair
·
Binder pavement patching of all improved road surfaces
·
Surface course pavement installation on all improved road surfaces
·
Install plantings per approved landscape plan adjacent to Phase 1 condominium
plat
·
South detention pond dredging to remove silt and ensure proper functioning of
the dry hydrant system
·
Grading and soil stabilization to stop erosion problems at entrance (Buildings
28 – 33)
·
Restoration of all other disturbed areas with temporary vegetation to the
satisfaction of Department of
Natural
Resources erosion control standards
·
Stabilization/ Repair of Retaining Wall
Tierney also noted that, upon completion, the Developer was to have dedicated
the public sanitary sewer system to the Village. No dedication meeting the
requirements of the development agreement has been offered to the Village, nor
has the Village accepted the sewer system.
Bennett moved, 2nd by Chart to direct correspondence to Equitable Bank demanding
satisfactory progress on all obligations by June 30, 2010 according to the
specifications and direction of the Village engineer and to notify the bank that
if the work is not progressing, that the Village will utilize funds in the
letter of credit to complete the work. Motion carried.
Application for Special Exemption Permit for outdoor music June 19th from 5:00
p.m. to Midnight.: Hitch ‘n Post Saloon, 120 N. Browns Lake Drive
Application for Special Exemption Permit for outdoor music August 28th from 6:00
p.m. to 1:00 a.m.: Hitch ‘n Post Saloon, 120 N. Browns Lake Drive
Novy reported the first application is for a wedding and the second is an annual
fundraiser for “Kid Care ID” for the benefit of the Racine County Sheriff’s
Department. Board members noted no previous complaints. Weinkauf
moved, 2nd by Bennett to approve both permits. Motion carried.
Continued discussion on Handicap Accessible location for Village meetings
including quote for automatic door openers for back room of the library
Novy reported action being tabled on this issue at the April meeting to obtain
quotes for installation of automatic door openers for the entrance to the back
assembly area of the library. The cost of the openers was quoted at
$3,185, with optional safety scanners available for additional $578 ($3,763
total). It was verified that one unisex handicap accessible restroom is
available to the library’s assembly area. Additional information was
also reviewed from the ADA website regarding program accessibility requirements
applicable to public meetings. Birkett clarified the door
opener quote was just for the operating units, not for installation. There
would be additional costs to run the electrical.
Ed Yanke, 109 N. State Street, was present in the audience. He reported on
research that he performed on handicap accessibility requirements. He
indicated automatic openers are not necessary if less than five pounds of
pressure are required to open a door. Additionally, Beck questioned
whether there was enough room between the doors in the vestibule entrance for a
wheelchair to maneuver. Birkett indicated he would check the dimensions.
Board members questioned how strongly the Village Attorney felt about making the
changes necessary to meet ADA requirements. Novy indicated the attorney is
simply making the Board aware of federal requirements. The Board needs to
decide what exposure it is willing to assume. The exposure has existed for
a long time and has not been an issue. However, it only takes one incident
to create a problem for which the village will have no defense.
It was noted the main concern for the current municipal building is the restroom
facility. A handicap accessible entrance and path to the meeting room
already exists. Beere questioned whether the two existing bathrooms could
be combined to create one handicap accessible bathroom. There was question
on whether separate men’s and women’s restrooms were necessary, or a unisex
restroom would meet minimum requirements. Tierney stated restroom
requirements depend on the number of occupants in a building and suggested that
the building inspector be consulted on the issue.
It was noted that the Village is already embarking on a new village hall project
and will meet accessibility standards once it is finished. The question
arose was whether investing in the current building was worthwhile with another
project in the works. Comment was offered that it might be better for
re-sale if the municipal building met handicap accessibility requirements.
Weinkauf moved, 2nd by Beck to table discussion for more information on
what options are available to meet requirements, and further counsel from the
Village attorney. Motion carried.
2010 Crack Filling Proposal: Crack Filling Service, Corp.
Birkett reported on Public Works Committee consideration of 2010 crack-filling
projects. The committee recommended routing, sealing of cracks, and spot
sealing of alligatored areas on Fox River Prairie subdivision roads. Beck
moved, 2nd by Weinkauf to approve Crack Filling Service Corp. for performance of
the work for an amount not to exceed $6,000. Motion carried.
Grease Treatment Options for Sewer System
Birkett reported on Public Works Committee consideration of grease treatment
products available for the sewer system. The product under consideration
is dispensed at the source to allow enzymes to break down grease before it
enters the system. The committee recommended installing a dispenser for
this product in the drain at Chances Restaurant to reduce the amount of grease
entering the system from this location. Stacy Kopchinski, owner, had
notified the Board during the public comment period that the restaurant already
utilizes a similar product. Weinkauf moved, 2nd by Chart to authorize
purchase and installation of the product and dispenser at Chance’s Restaurant
contingent on Birkett finding that it is a more effective product than what is
already in place. Motion carried.
Rowntree Road Culvert Replacement Proposals
Birkett reported on Public Works Committee review of two proposals to replace
the Rowntree Road culvert: Andy’s Excavating for $9,600; and
Reesman’s Excavating and Grading for $9,587. The committee
recommended awarding the work to Reesman’s Excavating and Grading for $9,587.
Weinkauf moved, 2nd by Bennett to approve the committee’s recommendation.
Motion carried.
Review of Community State Bank parking lot plan and confirmation of Village
participation
Novy presented copy of a proposed plan for a shared parking area south of the
municipal building and Community State Bank. The plan still needs Plan
Commission approval. Last discussion with the Village Board indicated
willingness of the Village to pay sidewalk replacement costs associated with the
project. Novy requested confirmation that the Village Board still intends
to participate in that way. Secondly, the opportunity exists to tie the
downspouts from the Municipal Building into the storm sewer system.
Birkett recommended that this be included with the project. Consensus of
the Board was to confirm that the Village will pay for sidewalk replacement
associated with the project and to proceed with tying downspouts from the
municipal building into the storm sewer system.
Determine Direction on Storm-Water Utility Districts
Weinkauf reported on previous discussions held by the Plan Commission on this
topic. He reported performing investigation on this concept after learning
how the Town of Raymond’s storm-water utility district allows them to deal
directly with farm drainage districts rather than the drainage district directly
assessing their residents. Weinkauf reported on existing drainage issues
throughout the village and stated his opinion that a storm-water utility
district overlaying the entire Village would be helpful to address existing
problems and prepare for future development.
Tierney reported the process begins with an engineering study to determine which
properties are to be included in a district, what work is going to be
accomplished by the district, and what benefits the proposed work will produce.
Once that is determined, projects and project costs can be spread out over a
variable number of years. From that point, the municipality decides how
costs will be assessed. Some approach this by assessing one flat charge
based on the amount of impervious surface on each parcel. Others approach
this by assessing a base administrative fee to each parcel, and then layering an
additional amount based on its impervious surface.
It was noted that engineering fees are the highest cost when forming a district.
If the Board chooses to move forward with the project, a request for proposals
(RFP) for engineering services should be solicited. Consensus of the Board
was to table the concept for further consideration at the June meeting.
2010-2011 Committee Assignments and Appointments
Paul Beere made the following committee appointments:
Finance: Gary Beck, Chris Johnson and Bob Lancour.
Ordinance: Gary Beck, Ed Chart, Bob Lancour and Russ Kumbier.
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.
Historic Preservation: Joanie Beck, Jim Henning, Beverly Schlichting and Geri
Schwabe.
Plan Commission: 3-year term renewals- Paul Beere and Tom Rowntree.
Zoning Board of Appeals members: Paul will determine this appointment at the
June meeting.
Emergency Operations Committee: Fire Chief, Public Health Officer,
County Emergency Management Director, County Sheriff, Village Board.
Village representative to Western Racine County Health Board: Christopher
Bennett.
Village representative to Hone Lake Protection & Rehabiliation District:
Mike Weinkauf
Adhoc Village Hall Building Committee: Ed Chart, Bob Lancour, Russell
Kumbier, Mike Weinkauf, Peggy Shumway, Greg Beck and Eric Johnson
Weed Commissioner: Christopher Birkett
Beck moved, 2nd by Bennett to accept the appointments. Motion carried.
Report on Wisconsin Working Lands Initiative: Mike Weinkauf
Weinkauf reported on attendance at two meetings on this topic so far. He
reported the “Working Lands Initiative” expands what used to be the State’s
Farmland Preservation Program. Areas that are restricted to agricultural
use may be designated “Agricultural Enterprise Areas” through participation of
landowners and local governments. Property owners who agree to keep their
land in agricultural use for a minimum of 15 years receive a tax credit of $7.50
an acre. $27m has been approved in the state budget this year to fund the
program. Designated areas must be consistent with local land use and
comprehensive plans. Weinkauf noted Town of Burlington and Town of
Waterford are most affected by this program. Properties zoned A-1 zoning
are automatically enrolled. However, Rochester does not have any parcels
zoned this way. Weinkauf indicated the program should be watched as it may
evolve into a program that purchases development rights.
Correspondence was read from:
Wisconsin Department of Transportation denying an application for a MSIP-D grant
to resurface N. River Road; and Racine County Public Works regarding temporary
road closings on Memorial Day.
Committee Reports:
Public Works Committee: Johnson reported meeting with property
owners on the Ag School Drain Tile study. They seemed receptive to the
work that must be done. They discussed televising of sewer laterals on N.
River Road. They will be waiting for a rainy period to perform the work.
They also discussed implementing a pilot leaf collection program this fall.
Ordinance Committee: Beck referred the report to Jon Schattner as he was
not at the April Ordinance Committee meeting. Schattner reported working
on use requirements in the zoning code, with particular reference to parking,
home occupation, allowable commercial parking, etc. The next meeting will
be held May 17th.
Village Hall Building Committee: Beere reported the first meeting of the
committee was held April 27th. They discussed architectural and
construction contract services. The next meeting will be held the last
week of May.
Honey Lake Protection and Rehabilitation Board: Weinkauf reported
Board members Lutz and Schwarten attended a lakes convention in April to discuss
vandalism and learn about the care of dykes. The district operates with a
$50,000 annual budget, of which $20,000 is in a non-sinking fund. These
monies are used for trees, roads and to address vandalism in the parks.
There are 174 parcels in Rochester in the Honey Lake area. The rest are in
the Town of Spring Prairie. The equalization culvert is working as
planned.
Finance Committee Report: Beck reported the recommendation of the
Committee to approve all disbursements listed on the check detail of April 13,
2010 through May 10, 2010. The Committee also recommended the following
actions in regards to certificates of deposit:
Reinvest proceeds of the sewer utility certificate of deposit #100205092 at the
best rate of interest available for six months;
Transfer proceeds of public site fund certificate of deposit #4030555 to the
public site money market account until 2010 park projects are determined; and
Reinvest proceeds of the park donation certificate of deposit #4030877 for one
year at the best rate of interest available.
Bennett moved, 2nd by Weinkauf to approve the Finance Committee’s
recommendations. Motion carried.
Chart moved, 2nd by Johnson to adjourn at 10:01 p.m. Motion carried
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer