Town Board Meeting July 19, 2007

Chairperson Ray Knapp convened the Regular Town Board Meeting on Thursday, July 19, 2007, at 7:03, p.m.  Dan Pearson, Jan Cuccia, Gloria Wahrenbrock and Fritz Anding were present.

 

The following people signed the attendance sheet:  Charissa Hollister, Kim Flackey, Tom Ruemmele, Gary Parent, Charlie Macdonell, Paul Cooper, Chris Dillingham, Paul Madsen, Judy Corneziul, Tim Reichert, Jon Sonnentag, Joel Pearson, Chas Garbf, Dan Anderson and Glen Weise.  Others were present who did not sign in.

 

Chairperson Ray Knapp invited those present to join in the Pledge of Allegiance to the Flag.

 

APPROVE MINUTES - Minutes of the June 14, 2007 Town Board meeting had been distributed to the Board.  Jan Cuccia requested the following changes under the agenda item – Discuss & consider amendment of the Town of Troy Chapter 171 Lower St. Croix Riverway Zoning Ordinance:  1. Change “in the past” to “currently” at the beginning of the first sentence in the second paragraph. 2. Add words “subject to confirmation by the town board.” to the end of the third sentence (The amendments state that the town chairperson will appoint members to the Board of Appeals.)  Dan Pearson moved to approve the minutes with the stated changes, seconded by Fritz Anding.  Motion passed, all in favor.

 

PARK BOARD REPORT – Copies of the June meeting minutes had been distributed to the board.  Charlie Macdonell gave the board a brief summary.  The Park Board is seeking candidates to fill two Park Board vacancies.  There is also a need for additional no parking signs beyond Ahrens Road near the boat launch.

 

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes had been distributed to the board.  D. Pearson summarized the Plan Commission meeting for the board.  He read the following paragraph regarding Plan Commission approval of the John Mailand building permit:

 

The applicant understands that this building permit approval applies to a detached accessory structure to be constructed on a conforming property within the Town riverway district.  The inclusion of a bathroom in the accessory structure in no way changes this structure’s designation.  The property may serve one single family residence.

 

D. Pearson moved to remove item #7 ( Setback variance – John Mailand, 192 Glenmont Rd.) from the agenda, seconded by J. Cuccia.  Motion passed, all in favor.

 

CITIZEN INPUT – None

 

CONSTABLE & SHERIFF REPORTS – Copies were distributed to the board.  No constables were present.  R. Knapp reviewed the reports with the board.

 

1 LOT CSM – DAN PEARSON, S. GLOVER RD. – D. Pearson excused himself from the board.  He distributed copies of the CSM to the board.  It was noted that the side & rear setbacks need to be added to the CSM.  R. Knapp reviewed the Plan Commission recommendation.  G. Wahrenbrock moved to approve the 1 lot CSM for Dan Pearson, S. Glover Rd. contingent upon receiving a final CSM with the side and rear setback lines shown, seconded by F. Anding.  Motion passed 4-0. 

 

EXCEPTION TO DESIGN STANDARDS (SETBACK VARIANCE) – DEAN FLACKEY, 530 OLD HWY 35 – Charissa Hollister distributed copies of the vegetation plan to the board.  The plan is for a mixture of 16 evergreen pine trees, at least six feet in height, to be planted on each lot.  The trees will be planted 20 to 40 feet apart within 6 months of the certificate of occupancy, weather permitting.  R. Knapp reviewed the Plan Commission recommendation.  He stated that the Plan Commission had been concerned with maintaining the rural character of the property.  D. Pearson moved to grant a variance for lot 15 of 100 feet, approving the vegetation plan that’s on the map with evergreen trees spacing approximately 20’ apart, 16 evergreen trees as presented on the map and lot 14 a setback variance of 125’ with the same vegetation plan as shown on the map.  The trees will be planted within 6 months of occupancy, weather permitting.  Seconded by J. Cuccia.  J. Cuccia amended the motion to included the following – “If the vegetation plan as discussed, is not implemented within the timeframe of 6 months of certificate occupancy, weather permitting, that the town would do so at the applicant’s expense”, seconded by F. Anding.  Motion to amend the motion passed, all in favor.  J. Cuccia read the following reasons for granting the variance:  1. The existence of new Hwy 35 creating the narrow lot on lot 15.  2. The drainage ditch and berm on the west side of the property.  3. With the additional vegetation it provides adequate screening.  Amended motion passed, all in favor.  

 

REZONING AG TO AG/RES – KERNON BAST, COTTONWOOD RIDGE (WILCOXSON PROPERTY) – Jon Sonnentag, S&N Land Surveying distributed copies of the concept to the board.  He summarized the concept and reviewed the comments received from the Plan Commission.  These comments included possible reduction in the number of allowable lots, screening concerns and the addition of a connector road.  Rob Jones, Cedar Corp. stated that the plan does meet all of the technical requirements of a 40/60 plan.  R. Knapp verified that the conservation easement is in place and the Plan Commission recommended approval of the rezoning.  G. Wahrenbrock recommended the approval of the rezoning from Ag to Ag/Res of the Wilcoxson property also know as Cottonwood Ridge to St. Croix County based on the conservation easement being in place and that this rezoning is in compliance with Wisconsin State Statutes 91.77, the Town of Troy Growth Management Plan and the Town of Troy Subdivision Ordinance.  Seconded by D. Pearson.  Motion passed, all in favor.

 

REVIEW TOWN/COUNTY COLLABORATIVE RIVERWAY ENFORCEMENT EFFORTS –  Working off a memo written by Chairman Knapp to the county, C. Macdonell summarized a meeting he and R. Knapp had with St. Croix County Zoning.  A couple of goals included coordinated scheduling between the two agencies and joint site reviews.  C. Macdonell and R. Knapp will also be meeting with both the county and the DNR on August 7th to address some of the perceived differences in direction received from DNR.

 

DISCUSS & CONSIDER AMENDMENT OF THE TOWN OF TROY CHAPTER 171 LOWER ST. CROIX RIVERWAY ZONING ORDINANCE.  INCLUDING ACTION TO APPROVE PROPOSED ORDINANCE AMENDMENTS AND ACTION TO PROVIDE FOR PUBLICATION AS PARTIAL CODE OF ORDINANCE – D. Pearson moved to approve the comprehensive amendments and revisions to Chapter 171, seconded by G. Wahrenbrock.  Motion passed, all in favor. 

 

D. Pearson moved to adopt ordinance no. 2007-01 as follows:

 

                        An Ordinance Enacting Partial Code of Ordinances

            (Comprehensive Amendment to chapter 171, Code of Ordinance)

 

Section 1:        Purpose

 

The purpose of this ordinance is to enact a partial code of ordinances containing a comprehensive amendment of Chapter 171 of the Town’s Code of Ordinances, which comprehensive amendment has been prepared under the authority of the Town Board.

 

Section 2:        Authority

 

The Town Board of the Town of Troy has authority under Wis. Stat. 66.0103 to enact a partial code of its ordinances by enacting this ordinance and incorporating the partial code by reference.

 

Section 3:        Adoption of Ordinance

 

The Town Board hereby adopts this ordinance incorporating the said partial code, and exercises the Town’s authority pursuant to Wis. Stats. 66.0103 to enact a partial code of some of its general ordinances in this fashion. 

 

Section 4:        Enactment and Incorporation of Partial Code of Ordinances

 

The Town Board hereby adopts the partial code of ordinances entitled “Chapter 171 – Lower St. Croix Riverway Zoning Ordinance”, this partial code having been previously made available for public inspection in the office of the Town Clerk/Treasurer for a period of two weeks commencing on May 31, 2007, and pursuant to 66.0103, Wis. Stats.   The said partial code of ordinances is hereby incorporated into this ordinance by reference.

 

Section 5:        Effective Date

 

This ordinance and the partial code it incorporates are effective the day after publication of the notice set forth below.  The Town Clerk/Treasurer shall promptly publish the notice shown below as required by 60.80, Wis. Stat.

 

Motion seconded by G. Wahrenbrock. 

 

Voice vote:  G. Wahrenbrock - yes, J. Cuccia – yes, R. Knapp – yes, D. Pearson – yes, F. Anding – yes.  Motion passed, all in favor.

 

TRANSPORTATION PLAN – Rob Jones, Cedar Corp. reviewed the current draft of the Town of Troy Transportation Study.  D. Pearson moved to adopt the updated July 2007 version of the Town of Troy Transportation Plan that covers years 2007 – 2012, seconded by J. Cuccia.  Motion passed, all in favor.

 

REVIEW & AWARD ROAD CONSTRUCTION PROJECTS – R. Jones recapped the road construction bid process to date.  Based on Precision Engineering’s unwillingness to perform the road construction as per their original bid, Cedar Corp. has recommended awarding the road construction project to the next lowest bidder, F&K Trucking and Excavating, Inc.  D. Pearson moved to award the project for the Plainview Drive and Townsvalley Road reconstruction to the next lowest bidder, F&K Trucking and Excavating, Inc., in the amount of $441,682.52 contingent upon the contractor providing bonding and insurance as required by the contract documents, seconded by F. Anding.  Motion passed, all in favor. 

 

DISCUSS & CONSIDER SPEED LIMIT – COUNTRY OAKS – R. Jones stated that the official town speed limit maps shows the current speed limit of 35mph for County Oaks.  The town has the authority to lower the speed limit by 10mph without DOT approval.  If a lower speed limit is approved, the official speed limit map would have to be updated and approved and new speed limit signs would have to be erected before the lower speed limit could be enforced.  J. Cuccia moved to lower the speed limit on the roads of Country Oaks Road, Country Oaks Lane and Country Oaks Circle to 25mph and follow-up with the appropriate posting and legal notices to make sure it effective, seconded by D. Pearson.  Motion passed, all in favor. 

 

UTILITY PERMITS –none.

 

DISCUSS EXCESS DOT PROPERTY – R. Knapp discussed an April 24, 2007 letter he received from the Wisconsin DOT requesting the town to re-visit the possibility of granting a variance for a cul-de-sac on a 6.93 acre parcel of land it owns at the end of Valley View Drive.  Board members agreed that the DOT would have to submit a formal application for a variance.  R. Knapp asked S. Provos to send the DOT a letter sharing the board’s opinion.

 

DISCUSS & CONSIDER ANIMAL IMPOUND FEE – D. Pearson summarized that during a meeting with the town’s humane officer, she recommended that the town implement an impound fee to help it recoup some of the animal control fees.  The fee would be collected by the Humane Association when an owner reclaims its pet.  All of the board members were interested in pursuing an impound fee.  S. Provos will call the Humane Association to see how it is administered.  It will also be discussed with the town attorney at the staff meeting.

 

DISCUSS & CONSIDER REVISIONS TO CHAPTER 39 – CITATIONS (PARK RANGER) – J. Cuccia read the following resolution:

 

                        Resolution Establishing Park Ranger as an additional

                                                Enforcement Official

 

                                                Resolution No. 2007-07

 

Be it resolved that the Town’s citation ordinance, being Chapter 39 of the General Code of the Town of Troy, is hereby amended as follows:

 

 -Section 3-4 of the Ordinance is amended to add that for violation of:

 

               Glover Park (Ch. 109, Art. I)

               Parking Restrictions (Ch. 156, Art. II)

               River Access (Ch. 120)

 

The designated enforcement official shall also include the Park Ranger.

 

J. Cuccia moved to adopt resolution 2007-07, seconded by D. Pearson.  Motion passed, all in favor.

 

DISCUSS & CONSIDER REVISIONS TO CHAPTER 21 – BOARDS, COMMITTEES AND COMMISSIONS ORDINANCE – J. Cuccia read the following resolution:

 

 

                                    Resolution No. 2007-04

 

Certain amendments to chapter 21, the Park Board Ordinance of the Town of Troy of Municipal Ordinances being desirous to clarify the appointment process for park board members and the process under which they can be removed in compliance with state law.

 

BE IT RESOLVED:  that section (21-22A) shall be and is hereby amended to add the underlined language and delete language through which a line has been drawn, as follows:

 

The Park Board shall consist of seven members, including a Town Board Supervisor, and six citizens who are residents of Troy.  and a high school student representative when available.  This student will not have voting privileges or count towards a quorum.  Citizen members shall be persons of recognized experience and qualification.

 

The Town Board Supervisor member shall be appointed elected by a two thirds majority vote of the Town Board.  The Park Board shall recommend citizen members to the Town Board and the Town Board shall appoint the citizen member by majority vote.

 

The citizen members shall be appointed by the Town Chairperson upon creation of he Park Board to hold office for a period ending one, two and three years, respectively, from the succeeding first day of July.  Thereafter, during June, two such members shall be appointed annually for a term of three years.

 

The citizen Park Board member positions shall be called:  Park Board Member #1, Park Board Member #2, Park Board Member #3, Park Board Member #4, Park Board Member #5 and Park Board Member #6.

 

When available, a high school student who is a resident of Troy may be recommended by the Park Board to the Town Board to serve as a Youth Representative.  The candidate may be approved by a majority vote of the Town Board, and the Youth Representative will participate in various Park Board proceedings.  However, this student will not be considered a member of the Park Board, and will not have voting privileges and will not count toward a quorum.

 

Park Board terms of office for citizen members shall be determined as follows:  The citizen members shall hold office for a term of three (3) years with two members being appointed annually to create three sets of staggered terms.  The sequence of three year staggered terms shall be established initially by appointment of citizens to fill the positions of Park Board Members #1 and #2 for the period ending July 31, 2007; Park Board Members #3 and #4 for the period ending July 31, 2008; and Park Board Members #5 and #6 for the period ending July 31, 2009.  Thereafter, annually at the July Town Board meeting two citizens shall be appointed or reappointed to fill the two Park Board member positions with then expiring terms, and each appointment will be for a term of three years beginning August 1 of that year. 

 

BE IT RESOLVED:  that section (21-22.E) shall be and is hereby amended to add the underlined language and delete language through which a line has been drawn, as follows:

 

Park Board members are “at pleasure” appointments within the meaning of 17.13 WIS. Stats. Who are appointed for a set term.   Removal during an appointed term shall be by a majority vote of the entire Town Board, preceded by a hearing at which the Park Board member shall be entitled to be heard on the matter and to present testimony on his/her behalf.  “Just cause” or “cause” is not required for removal.

 

The Town Board may remove any park board member without cause.

 

 

J. Cuccia moved to adopt resolution 2007-04, seconded by D. Pearson.  Motion passed, all in favor.

 

APPROVE OPERATORS LICENSES – S. Provos stated that Noelle Huftel & Natalie Wires had applied for operator licenses.  They had completed the required paperwork, training and background check.  F. Anding moved to approve operator licenses for Noelle Huftel & Natalie Wires, seconded by J. Cuccia.  Motion passed, all in favor.

 

2007 AUDIT BID – J. Cuccia moved to get a bid for the 2007 audit from 3 firms, seconded by F. Anding.  Motion passed, all in favor.  G. Wahrenbrock & J. Cuccia will get the bids.

 

RURAL FIRE ASSOC. UPDATE – G. Wahrenbrock gave the board an update on the Rural Fire Association.  They are in the process of doing driveway inspections to make sure driveways within the town are accessible by emergency vehicles.  They are negotiating with the City of River Falls for vehicle fire call collections.  They are starting to do business fire inspections as required for their 2% fire dues reimbursement.  The cost to the businesses will be $35 per inspection.  They have asked the town for a list of businesses within the town.  The board agreed that G. Wahrenbrock would provide them with the business list she has complied.

 

CLERK/TREASURER REPORT – Copies of the cash reconciliation, budget summary and impact fees collected were distributed to the Board.  S. Provos stated that the town’s new website address will be:  townoftroy.org.

 

BILLS: Checks numbered 020327 – 020381 and an impact fee check to DCCI were presented in the amount of $68,100.79.  J. Cuccia moved to pay bills numbered 020327 – 020381 and including check no. 1004 to DCCI for impact fees in the amount of $4,860 and also to approve up to $800 to the postmaster for bulk mailing fees for a total of $68,100.79 plus the up to $800.  Seconded by D. Pearson.  Motion passed, all in favor.

 

BUILDING PERMITS:  The following permits were submitted by the Building Inspector.

PERMIT #

APPLICANT

ADDRESS

PROJECT

07-139

John Eral

467 Dylan Ct

New home/Shed

07-142

Luther Johnson

431 Jordyn Ln

New Home

07-143

KD Homes

317 Plainview Dr

Deck

07-145

Louis Tulibaski

550 Gilbert Rd

Deck

07-146

Matt Hieb

178 Bjerstedt Ln

New Home

07-147

Mike Christensen

318 South Glover Rd

Deck

07-148

Jay Thompson

548 Gilbert Rd

Deck

07-149

Richard Vocovich

245 Glen Circle

New Home

07-151

Riccardo Albores

276 St Andrews Dr

Alteration

 

 

 

 

 

DRIVEWAY PERMITS – The following permits were submitted by the Building Inspector

07-108

John Eral

467 Dylan Ct

07-109

Luther Johnson

431 Jordyn Ln

07-111

Matt Hieb

178 Bjerstedt Ln

07-112

Richard Vocovich

245 Glen Circle

 

CORRESPONDENCE –

Town board members discussed upcoming WTA meeting and workshop opportunities.

 

There will be a closed session Troy Town Board meeting on August 30, 2007 at 7:00p.m.

 

COMMITTEE REPORTS –

F. Anding attended the Sewer Service Planning/Zoning meeting regarding the water/sewer extension for the new Hudson elementary school.  The application is pending DNR approval.

 

 

D. Pearson moved to adjourn, seconded by F. Anding.  Motion passed, all in favor.

 

The meeting adjourned at 10:24 p.m.

 

These minutes were taken at a meeting

of the Troy Town Board held on the

19th day of July, 2007.

 

__________________________________

Sharon Provos, Clerk/Treasurer

 

 

__________________________________

Ray Knapp, Town Chairman