Town Board Meeting April 10, 2008
Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday, April 10, 2008, at 7:00, p.m. Dan Pearson, Jan Cuccia, and Brian Schwab were present. Gloria Wahrenbrock arrived later.
The following people signed the attendance
sheet: Troy Miller, Jane Dreis, Peter
Dreis, Jim Solie, Heather Solie, Anne & Bruce Schulze, Jennifer Weseli,
Heather Madigan, Jocelyn Richardt, Mel Hermansen, John Durbin, Charlie
Macdonell, Layton Traver, Jill Berke, Scott Feyereisen and Glen Weise. Others were present who did not sign in.
Newly elected Town Board Supervisors Dan Pearson
and Brian Schwab were sworn in by Sharon Provos.
R. Knapp invited those present to join in the
Pledge of Allegiance to the Flag.
APPROVE MINUTES - Minutes of the March
13, 2008 Town Board meeting had been distributed to the Board. When the revised Burning Ordinance was
presented to the board last month, it contained typographical errors in the
numbering of the ordinance sections.
This was corrected before it was published. Jan Cuccia requested that the Town Board
meeting minutes of March 13, 2008 be amended to reflect the corrected Burning
Ordinance. Jan Cuccia moved to approve
the March 13, 2008 Town Board minutes as amended, seconded by Dan Pearson. Motion passed, all in favor.
CITIZEN
INPUT – Resident Troy Miller stated that his recently
submitted driveway permit application had been denied. He asked why it was rejected and who should
he talk to about it. R. Knapp asked him
to either call him or the town office.
PARK
BOARD REPORT – Copies of the March Park Board minutes
and Park Board Report were distributed to the board. Jill Berke reported that the Park Board had
appointed Greg Small as their recording secretary effective in May. He will be compensated as the Park Board
Secretary and forgo his Park Board member stipend. The Park Board will be making its annual
on-site visit to inspect the park facilities and grounds on April 24th
at 5:30. Chris Thompson has selected to
remove buckthorn and prickly ash at
PLAN
COMMISSION REPORT – Copies of the Plan Commission minutes
had been distributed to the board. R.
Knapp recapped the Plan Commission meeting for the board.
CONSTABLE
& SHERIFF REPORTS – Copies of the Constable report, the
Sheriff’s report and the Animal Control report were distributed to the board. Mel Hermansen talked to the county district
attorney (DA) about the processing of unlicensed dogs. The DA wants the town to continue using its
current process and not send them to him.
R. Knapp stated during the Annual Town Meeting, a resident complained
about people drinking at Pembles Access.
He stated that there might have to be extra patrolling or more citations
issued to reduce the problem. M.
Hermansen agreed to share this with Constable Ron Schock and Park Ranger, Fred
Miller.
The Board reviewed the Sheriff’s report and the
Animal Control report.
AWARD
2008 ROAD PROJECT BID – Copies of the Tower Road Reconstruction
Bid Tabulation had been distributed to the board. Seven bids were received, ranging from
approximately $365,689 to $447,347. In a
memo from Cedar Corporation, they recommended awarding the project to Zappa
Brothers, the low bidder. D. Pearson
moved to award the Tower Road Reconstruction Project to Zappa Brothers in the
amount of $365,688.71 contingent upon the contractor providing bonding and
insurance as required by the contract and retaining a 5.0% construction
contingency on hand to cover any unknown expenditures that may become necessary
during construction, seconded by J. Cuccia.
Motion passed, all in favor.
UTILITY PERMITS: None
BUILDING
PERMITS: The
following permits were submitted by the Building Inspector and reviewed by the
town board.
|
PERMIT # |
APPLICANT |
ADDRESS |
PROJECT |
|
08-108 |
Dean Jakubowicz |
Pool |
|
|
08-110 |
Wayne Sprecher |
Addition |
|
|
08-111 |
Wayne Wulf |
|
Alteration |
|
08-112 |
Water’s Edge Construct |
|
New Home |
|
08-113 |
Dan Walrack |
537 Autumn Blaze Tr |
New Home |
|
08-114 |
Bob Ricci |
|
Alteration |
DRIVEWAY
PERMITS – The following permit was submitted by the Building
Inspector and reviewed by the town board.
|
08-102 |
Water’s Edge Construct |
|
|
08-103 |
Dan Walrack |
537 Autumn Blaze Tr |
REVIEW MOBILE HOME
ORDINANCE – Town
Board will review prior to Annual Road Tour.
REVIEW ORDINANCES
RELATING TO TOWN RIGHT-OF-WAY – Town Board will review prior to Annual Road
Tour.
WEED
NOTICE – J. Cuccia moved to place a class 2 notice in the
newspaper to destroy all noxious weeds, seconded by B. Schwab. Motion passed, all in favor.
Gloria Wahrenbrock arrived.
COUNTY
SPECIAL EXCEPTION (INSTITUTIONAL USAGE) – HEARTLAND MONTESSORI SCHOOL, 436 RED
BRICK RD – R. Knapp stated that both the Plan Commission
and Town Board are supportive of
Heartland Montessori School’s mission.
However, when a business asks to be situated into a residential
neighborhood, our primary responsibility is protecting the integrity and
character of that residential community.
He explained that the St. Croix County Board of Adjustments will be
meeting later this month to decide whether or not to grant a special
exception. The Troy Town Board only makes
an advisory recommendation to the county.
Jocelyn Richardt, Heartland Montessori School Treasurer, gave a
presentation of the school’s application, description of their other campuses,
an updated landscape plan and square footage per student calculations. She presented letters of support from nine
The following residents spoke against granting
the special exception application: John
Durbin, Bruce Schulze, Ann Schulze, Jim Sully, Jane Dries, Layton Traver,
Jennifer Weseli, and Heather Madigan.
Their main objections included, safety concerns for neighborhood
children waiting for the school bus and pedestrians because of the increase in
traffic on a narrow residential road, a potential decrease in real estate
values, the size of the parking lot on a residential lot, what would happen to
the property if the school moves out, the strain to the septic system on the
property, who would have to pay for improvements to
The Town Board asked J. Richardt the following
questions:
Why does the school want to move from its
present
Has the septic been inspected? A: It
will be if the county approves the special exception application.
Is the school buying the property? A:
Yes.
In response to earlier comments by residents, R.
Knapp explained to the residents present, that the town does not charge special
assessments to property owners for road improvements. He also share his personal opinion, that with
the number of student enrollment planned, the size of the parking lot, the type
of outdoor lighting used, the signage and the playground equipment, he is
afraid the property will look more like commercial property instead of
residential. D. Pearson explained that he
would love to see the school in a much more rural setting than in a residential
one. J. Cuccia would like to see a
Montessori school in
After a lengthy discussion, J. Cuccia moved to
recommend that the St. Croix County Board of Adjustments not grant approval of
the Special Exception permit for
1.
There will be no signs on Coulee Trail.
2.
The driveway to Coulee Trail will be
closed.
3.
There will be a combination of mature and
immature vegetative screening on Coulee Trail.
4.
The play area will be moved toward the
back of the property.
5.
There will be no nighttime lighting other
than what would be consistent in a residential area.
6.
There will be screening on the west side
of the property that is attractive with input from the neighbors on the
west.
7.
There will be no play equipment or hard
surface south of the home.
8.
The property will meet all state and
government regulations for health, fire, insurance and safety.
9.
There will be no more than 25 students
and no more than 5 students enrolled in the parent/toddler program.
10.
The parking lot is reduced to no more
than 11 spaces.
Seconded by G.
Wahrenbrock. Motion passed, all in
favor.
TOWN
OF
Chapter
125, Article 1
(Driveway
Ordinance #93-1)
SECTION 125-1. Title/Findings
This article is titled the “Town of
SECTION
125-2. Definitions
As
used in this article, the following terms shall have the meanings indicated:
A. Building: Single-family or other residential dwellings,
public, commercial and industrial
buildings. Agricultural buildings,
residential garages and other accessory buildings that are not the first
building built on a parcel already served by a driveway or field road are
exempt from this definition for the purposes of this ordinance. Detached residential garages are only
allowed to be the first building on a property with express, advance Plan
Commission approval. Upon receiving such
approval, detached residential garages
become “buildings” under this ordinance.
B. Driveway: Any roadway providing a single, temporary
or permanent point for vehicular access from a private or public Town road to a
building located on public or private property.
Driveways are not field roads.
C. Field Road: Any roadway providing a single, temporary or
permanent point for vehicular access from a private or public road to
non-residential land used solely for farm purposes, or to undeveloped,
non-residential land. Field roads are
not driveways.
D. New Driveways: Driveways
installed after October 11, 1993, whether temporary or permanent.
E. Pre-existing Driveways: Driveways installed on and before October 11,
1993 and still serving existing building(s).
SECTION
125-3. Driveway Access Required
All buildings built in or moved into
the Town shall have driveway access to said building from a private or public
Town road over a driveway that meets the specifications and requirements of
this article. Field roads shall meet all
specifications and requirements of this article made expressly applicable to
them.
SECTION
125-4. Driveway Permit Required
A driveway permit shall be applied for and issued by the Town before commencement of construction of any field road or driveway that crosses the right-of-way area of or intersects with any private or public Town road. No driveway permit shall be issued until a completed application that meets all requirements of this article has been submitted, reviewed and approved by the Town. Driveways that take access directly onto county or state roads need county or state access permit approval.
SECTION
125-5. Driveway Permit Fee and
Administration
Application shall be made on forms
provided by the Town. Applicants shall
provide all information requested thereon. The fee for a driveway permit shall
be paid at time of application, in the amount set forth in the separate Town
fee resolution in effect at the time the application is received.
SECTION
125-6. Specifications
A. Width: All driveways serving single-family
residences and all field roads shall have a minimum side-to-side width
clearance of 12 feet, a minimum road base of 12 feet, a minimum driving surface
width of 11 feet and shall be built and maintained to allow for emergency
vehicle access. The maximum road base
width for driveways serving single-family residences is 18 feet.
All other driveways have a maximum road base width of 30 feet.
B. Road Bed Materials: All driveways and field roads shall have a
minimum five-inch compacted bed of crushed limestone or such other materials as
approved by the Town. The subbase shall
be a stable base consisting of compacted sand or other granular materials as
approved by the Town, by
C. Culverts:
(1) Culverts shall be installed in all
driveways, and in field roads when deemed advisable by the Town Chair or
designee to protect the right of way. Culverts shall be adequate for surface
water drainage and have a minimum fifteen-inch diameter pipe. Culverts serving permanent driveways shall
have end walls. Only new galvanized
corrugated steel pipe or reinforced concrete pipe shall be used for culverts in
permanent driveways or field roads. In
all driveways and in field roads when required, culverts shall be covered with
at least one foot of fill, excluding blacktop.
(2) All driveways and field roads over
bridges or culverts shall be constructed and maintained to comply with
engineering specifications sufficient to sustain and carry not less than 25
tons and shall have the ability to withstand water from a twenty-five-year
flood. St. Croix County Highway
Department and United States NIRCS standards shall govern in determining if the
twenty-five-year flood requirement has been met. Bridges and culverts with a diameter greater
than 30 inches shall be inspected at least every five years, beginning on a
date five years from the initial permit issue date, and after any
twenty-five-year or greater flood. Such
inspection shall be undertaken and documented by the Town, or by an inspector
retained by the Town. The cost of
inspection shall be paid by the subdivision homeowner’s association when such
bridge or culvert is located inside the plat of a major subdivision for which a
homeowner’s association exists and, in the absence of a homeowner’s
association, by the owner(s). If the
cost of such inspection is not timely paid, it shall be added as a pro-rata
special charge on the tax roll against the tax parcel(s) that use (or have available
for use) the subject bridge or culvert being inspected.
(3) The owner(s) of every premises served by
a permanent driveway or field road traversing a bridge or culvert with a
diameter greater than 30 inches shall execute an agreement with the Town, suitable
for recording in the office of the St. Croix County Register of Deeds, and
containing all of the following terms:
(a) that the owner(s) agrees for himself, his heirs and assigns, to be
responsible for repairs and maintenance
to the bridge and/or culvert in accordance with this article; (b) agreeing that, in the event of owner
failure to properly maintain said bridge and/or culvert the Town may repair or maintain same, and
include the cost thereof as a special charge on the tax roll against the property
served by the said driveway or field road as authorized by Wis. Stats.
§ 66.0627; and (c) specifically
waiving any notice, hearing or proceeding that might otherwise be required
before fixing the amount of the special charge or entering it into the tax
roll; (d) all on the condition that the Town shall first give the affected
owner(s) thirty days notice, directing
said owner(s) to repair or maintain their bridge and/or culvert before the Town
performs the specified repairs. When
more than one lot, parcel or property is served by a single bridge and/or
culvert, the special charge shall be divided into equal shares, one for each
tax parcel using or that has the subject bridge or culvert available for access
to a private or public Town road. Temporary
driveways are subject to the inspection, notice, repair and special charge
requirements, except that a recorded agreement is not required.
D. Overhead Clearance: All driveways and
field roads shall have a minimum overhead clearance of 14 feet over the entire
width of the roadbed, said clearance to be maintained at all times by trimming
vegetation.
E. Line of Sight: All driveways and field roads shall be located
in such a manner that vehicles approaching or using them will have
five-hundred-foot sight lines in both directions at the point of access to a
private or public Town road.
F. Angle of Intersection: The center line of all driveways and
field roads where they connect to the private road or public Town road
right-of-way shall be at approximate right angles to the said right-of-way or
the center line of the private road.
G. Entrance Grade: The elevation of the center line of all
driveways shall be no more than one foot above or below the private or public
Town road elevation at road center for the first fifty feet of driveway from
the near edge of the paved or gravel driving surface of the private or public
Town road with which it intersects, in order to prevent or best avoid surface
water drainage from the driveway onto the road.
H. Driveways Longer Than 300 Feet: Driveways longer than 300 feet shall be
designed and built to provide continuous fourteen-foot height clearance and
either a turnaround with a minimum ninety-foot diameter or shall be otherwise
of sufficient area and design to accommodate the turning around of a 40 foot
long, tandem-axle truck. Bypasses or
turnouts may be substituted for turnarounds only with the advance approval of
the Plan Commission. Preexisting
driveways are exempt from this requirement.
I. Number of Driveways: Subdivided residential lots shall
have no more than one driveway.
Commercial lots and parcels greater than 20 acres in size may receive additional driveway
permit(s) upon demonstration of need and by showing that the flow of traffic
and public safety on any additional roads for which permits are sought will be
improved and not adversely affected thereby.
J. Field Road Location: Field roads are required to meet the
requirements of this article made applicable to them only in that portion of a
field road located in the defined right of way area of a public Town road or in
the area 33 feet from the centerline of any private road, measured
perpendicularly. The distance between
field roads, and specific field road location shall be determined at an on-site
conference between the permit applicant and the Town Chair or designee, and
shall take into account factors such as existing, useable field access,
terrain, available and practical alternative access, lines of vision/sight
lines and volume of traffic on the road to which access is sought. Under no circumstances shall fField roads shall not be located closer together than
residential driveways.
SECTION 125-7. Inspection and Approval
Application, payment of the permit
fee, plan and site inspection and approval of
proposed driveway or field road plans and location all are prerequisites
to the issuance of a driveway permit.
Any driveway or field road constructed without a permit or in a manner
not in compliance with the approved plans concerning it or with term of this
ordinance shall be corrected or removed by the owner or by the Town at the
owner’s expense. Before removing such
a driveway or field road, the Town shall provide the property owner with 14
30 days oral or written notice of
the violation and the Town’s intention, to allow the property owner an
opportunity to correct or remove the violation.
SECTION 125-8. Driveway Permit Required Prior to Issuance of Building
Permit
No building permit shall be issued
for the construction of any building on any private property until a driveway
permit has been issued pursuant to this article.
SECTION 125-9. Time for Completion of Driveway
A permanent driveway for which a
permit has been issued under this article shall be completely constructed, except
for paving, prior to occupancy of any building on the property served by the
driveway. The first 50 feet of driveway
shall be completed prior to commencement of building construction, under either
a temporary or a permanent driveway access permit.
SECTION 125-10. Expiration of Driveway
Permits
A temporary driveway permit expires
one year after issuance or, if sooner, 30 days after the determination of the
Town Chair or designee, communicated to the owner verbally or in writing, that
the building on site is substantially complete to the point where the temporary
driveway should be removed and the permanent driveway used exclusively. All temporary driveways shall be removed and
their area restored to its original condition on or before the date on which
temporary driveway permit expires.
SECTION 125-11. Variance
Where, because of practical necessity or impossibility, it appears that a property owner cannot build a driveway or field road in compliance with the specifications and requirements this article, the Town Board may, upon the Plan Commission recommendation and upon finding of hardship, grant a variance to allow for a driveway or field road with specific modifications, so long as nothing about the variance compromises the health, safety and welfare of the residents of the Town and traveling public using any affected private or public Town road.
SECTION
125-12. Violation and Penalty
No person, corporation or
organization shall construct or install any driveway or field road in violation
of any provision of this article. Any
person, corporation or organization violating any portion of this article or
knowingly aiding or abetting another in the violation thereof shall, upon
conviction, pay a forfeiture in the amount set by the Town Board in its Citation
Ordinance, plus the Town’s actual costs of prosecution. Each day a violation exists or continues
shall constitute a separate offense. The
Town may also commence proceedings to enjoin any violation of this article or
to require any person, corporation or organization to comply with this
article. The Town may remove any driveway or field road constructed
without a permit or in a manner not in compliance with approved plans concerning
it or any term of this ordinance.
Before removing such a driveway or field road, the Town shall provide
the property owner with 14 30 days oral or written notice of the violation and the Town’s
intention, to allow the property owner an opportunity to correct or remove the
violation.
J. Cuccia moved to approve the Town of Troy Chapter 125 Driveway Ordinance as presented tonight with the following changes:
1. Page 5, section 125-6 J. the last sentence
should read “Field roads shall not be
located closer together than residential driveways.”
2.
Section 125-7 Inspection and Approval,
and Section 125-12 Violation and Penalty, change 14 days to 30 days and change
oral or written to written.
Seconded
by D. Pearson. Motion passed, all in
favor.
TOWN BOARD APPOINTMENTS
– R. Knapp distributed a list of 2008 Town Board Assignments and
Appointments. R. Knapp asked each
supervisor for their input about assignment preferences.
Vice
Park
Board – Brian Schwab
Constables
– Dan Pearson
Intergovernmental
Advisory – Ray Knapp
Intergovernmental
Advisory – Gloria Wahrenbrock
Road
Crew & Recycling – Dan Pearson
Newsletter
Coordinator – Jan Cuccia
EDC
Contact – Brian Schwab
UTA
Contact – Jan Cuccia
CZCC
Vice Chair – Gloria Wahrenbrock
Comprehensive
Plan – Ray Knapp
D.
Pearson moved to accept these appointments, seconded by J. Cuccia. Motion passed, all in favor.
BOARD OF APPEALS APPOINTMENTS – Currently,
the Board of Appeals consists of the town board. The town attorney has suggested that the
Board of Appeals could be a mixture of town board members and other
residents. The board agreed that 3 town
board members (R. Knapp, D. Pearson and G. Wahrenbrock) along with 2 resident
members should be appointed to the Board of Appeals. R. Knapp will bring back the names of
potential resident members next month.
PLAN COMMISSION APPOINTMENTS - R.
Knapp recommended the reappointment of Dave Wolf and Paul Mahler to the Plan
Commission. He also recommended himself
as Plan Commission Chair and Jan Cuccia as Vice-Chair. D. Pearson moved to accept Ray Knapp’s
recommendation to appoint Dave Wolf and Paul Mahler to the Plan Commission for
a three year term, expiring 2011, seconded by G. Wahrenbrock. Motion passed, all in favor.
D.
Pearson moved to accept Ray Knapp’s recommendation to appoint Jan Cuccia and
Ray Knapp to the Plan Commission with Ray Knapp as the Plan Commission Chair
and Jan Cuccia as the Vice Chair, seconded by G. Wahrenbrock. Motion passed, all in favor.
BOARD OF REVIEW – ALTERNATE MEMBERS – R.
Knapp will contact Art Feyereisen and John Rummele to see if they are
interested in serving as alternate members of the Board of Review again this
year. He will let the board know at next
month’s meeting.
DISCUSS
& CONSIDER TOWN UTILITY PERMIT ENFORCEMENT – Copies
of a letter from Comcast were distributed to the board. R. Knapp stated that he talked to Duane
Carlson, Comcast and Duane agreed that Comcast was remiss in obtaining a
utility permit from the town. He also
stated that he never got a sense of urgency from Cedar Corp. and that Comcast
is willing to pay a reduced penalty of $1,000.
J. Cuccia stated that the penalty imposed by the town board at last
months meeting wasn’t the maximum it could have imposed. She feels that the fine imposed was
reasonable and shouldn’t be reduced. R.
Knapp stated that if the town doesn’t try to negotiate a lower fine, it will
probably end up in court and the town will incur additional legal fees. J. Cuccia moved to not change the fine the
town issued to Comcast, seconded by G. Wahrenbrock. D. Pearson moved to amend the motion to
reduce it from $10,000 to $5,000, seconded by B. Schwab. Motion to amend the motion passed 3-2 (Cuccia
& Wahrenbrock opposed). Amended
motion passed, 3-2 (Cuccia & Wahrenbrock opposed).
CLERK/TREASURER PERFORMANCE REVIEW –
CLERK/TREASURER
REPORT – Copies of the cash reconciliation, and budget
summary were distributed to the Board.
DISCUSS
& CONSIDER WRITE-OFF OUTSTANDING CHECKS –
#16666 – Huppert Bros, $540.23
#17060 – Jeramie Dixon, $125.00
#18397 – Galen Seipel, $2,083.33
#18624 – Red’s Repair, $78.95
#18716 – Juergen Weidling, $578.04
#18894 – Sidney Scott, $90.00
#20574 – Brightkeys, $96,882.00
J. Cuccia moved to write-off all of the checks
listed but the check to Brightkeys, seconded by G. Wahrenbrock. Friendly amendment changed the motion to
write-off all of the checks listed.
Amended motion passed, all in favor.
BILLS:
Checks numbered 019926 – 019992 and the Elan bill were presented in the amount
of $161,099.85. G. Wahrenbrock moved to approve checks starting with 019926 and
ending with 019992, including the Elan payment of $542.40, for a total of
checks issued of $161,099.85, seconded by J. Cuccia. Motion passed, all in favor.
G. Wahrenbrock will contact Brian Wert to see what can be done with the O’Leary property.
D. Pearson and G. Wahrenbrock met with Carpenters Nature Center(CNC). They recommended that CNC give a presentation at an upcoming town board meeting. The DNR should also be invited to attend the meeting to ensure that they feel that CNC is fulfilling the terms of their agreement with the DNR. D. Pearson will coordinate meeting dates with CNC and the DNR.
R. Knapp received a letter and photos from Peter Thompson showing that his deck wasn’t expanded. P. Thompson will be contacting the DNR to make sure he didn’t do anything inappropriate in the clearing of trees.
D. Pearson will follow-up with St. Croix Electric’s request for a fire number for their substation.
Joe Merchak has sent a letter to Brian Wert, Building Inspector, requesting a reimbursement of his building permit fees.
R. Knapp received a fireworks permit from Steve Caniff to shoot-off fireworks between July 3rd and July 7th. He also wants to store fireworks, not to exceed 5,000 lbs between April 1st and July 7th.
Gwen Kuchevar sent a letter summarizing the court’s decision in the Troy Miller case.
The DOT is holding a planning meeting for Hwy 35 between
10:00 – noon on April 28th, in
J. Cuccia will look into the email from Kitty Rhodes regarding possible grants for prescription drug collection and disposal.
The Urban Towns Association is holding a meeting in
R. Knapp has a realtor listing for resident Tony Fiorillo’s house and the town is actively working with him to collect his riverway fines.
J. Cuccia moved to adjourn, seconded by G.
Wahrenbrock. Motion passed, all in favor.
The meeting adjourned at 11:15 p.m.
These minutes were taken at a meeting
of the Troy Town Board held on the
10th day of April, 2008.
________________________