Town Board Meeting March 11, 2010

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday March 11, 2010, at 7:00 pm. Jan Cuccia, Gloria WahrenBrock, Dan Pearson and Brian Schwab were present.

The following people signed the attendance sheet: Jason Kjos, Mel Hermansen, Daniel Freiermuth, Jill Berke, Mark Moelter, Greg Moelter and Paul Martin. Others were present who did not sign in.

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

APPROVE MINUTES - Minutes of the February 11, 2010 Town Board meeting had been distributed to the board. J. Cuccia asked that the word “create” be changed to “lay-out” in the sentence “J. Cuccia volunteered to create a brochure/packet that would contain the contact information available to help tenants resolve issues with their landlords.” G. WahrenBrock moved to approve the minutes of the Town Board meeting of February 11, 2010, seconded by D. Pearson. Motion passed, all in favor.

CITIZEN INPUT –David Peterson introduced himself, stating that he is running for County Board Supervisor 12 in the upcoming April election.

PARK BOARD REPORT – Jill Berke gave a brief report stating that another scout is interested in planting trees in the park as an eagle scout project. The Park Board will discuss the Stewardship Local Assistance Program at their next meeting. The Park Board did not meet in February.

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes were distributed to the board. J. Cuccia explained that the Plan Commission made recommendations to the Town Board, for the temporary exception to design standards for setbacks for Teens for Christ and the building permit for construction of an accessory structure for Daniel Freiermuth. The Plan Commission also heard a riverway concept review for a septic replacement for Mark Warnken which will end up going to the Board of Appeals as a riverway variance request.

CONSTABLE & SHERIFF REPORTS – Copies of the Constable report and the Animal Control report were distributed to and reviewed by the board. Constable Mel Hermansen stated that it has been very quiet. Due to other obligations, there may not be park ranger/constable coverage every single day of the year. It is the intent of the board to have a presence, not necessarily 365 day/year constable coverage. The board reaffirmed that they are not asking constables/park rangers to sacrifice family plans if a day can not be covered.

TEMPORARY EXCEPTION TO DESIGN STANDARDS FOR SETBACKS – TEENS FOR CHRIST, 538 OLD HWY 35 - Rob Jones, Cedar Corp., explained that the Teens for Christ want to erect a large temporary structure that will encroach on the setbacks. This request has come before the Town Board at an earlier date. R. Knapp stated that the county had granted an amendment to the special exception permit for the structure. The board reviewed St. Croix County’s findings, conclusions and decisions for the amendment. R. Knapp stated that after a lengthy discussion at the Plan Commission, the consensus was that the county is responsible for enforcing the conditions placed on the special exception permit.

J. Cuccia moved that the Town Board approve a temporary exception to design standards for the Teens for Christ at 538 Old Hwy 35. This is the placement of a temporary structure within the existing setback along Tower Road as shown on the site plan submitted by the Teens for Christ in their land use application packet dated 2/4/10. This temporary exception to design standards is issued under the condition that Teens for Christ meets all of the conditions outlined in the St. Croix County special exception permit amendment decision dated 12/23/09 and all earlier special exception conditions placed on the property by St. Croix County. If the Teens for Christ asks St. Croix County to amend their decision of 12/23/09 or violates any of their earlier special exception permit conditions, the town reserves the right to rescind this temporary exception to designs standards. The Town Board has determined that this temporary exception to design standards is consistent with policies underlying the SDO, will not adversely effect surrounding properties and will not effect the general safety of town residents. The town building inspector and the Hudson Fire Department shall determine that the structure, access and exiting conform to all applicable state and federal safety and handicapped requirements before issuing a building or occupancy permit. The building and occupancy permit is temporary and the town building inspector shall indicate the expiration date of November 10, 2010 of the face of the permit. Seconded by D. Pearson. Motion passed, all in favor.

BUILDING PERMIT FOR CONSTRUCTION OF AN ACCESSORY STRUCTURE – DANIEL FREIERMUTH, 572 BOUNDARY RD., – R. Jones summarized that the building inspector was not willing to permit the proposed construction without further review and recommendation from the Town Board because the accessory structure will be built before the primary structure and the proposed accessory structure is large enough that it could be used for commercial purposes. The accessory structure is also supposed to be subordinate in size to the primary structure. R. Jones also explained that because the property is located in a minor subdivision, the first fifty feet of the driveway, does not need to be blacktopped. R. Knapp read the Plan Commission motion and reviewed it with the board. Applicant, Dan Freiermuth explained that the house will be larger than that shown on his application. His plan is to complete the driveway up to the accessory structure “garage”. The shed would contain a mudroom, bathroom, shop area, and storage for his car, camper, snowmobiles, etc. The open area of the shed would be approximately 35 feet. He assured the board that he had no intention of ever using the garage for commercial purposes and will sign a document attesting to that. His plans are to construct the garage in 2010, sell his current house in 2011 and build a new home at 572 Boundary Road in 2012. R. Knapp explained to D. Freiermuth that if he wanted to use the accessory structure for commercial or business purposes, he would have first needed to apply to St. Croix County for a special exception permit before the Town Board would have granted the issuance of this building permit. D. Pearson moved that the Town Board direct our building inspector (Brian Wert) to issue a building permit to Daniel Freiermuth, 572 Boundary Rd. for the construction of a garage as outlined in his land use application of 1/28/10. The applicant has asked that an accessory structure be built on a residential lot prior to the construction of the primary residential structure. The issuance of the building permit shall be contingent upon the fact that the applicant has signed a legally binding document designed by the town attorney, at the applicant’s expense, to assure that the accessory structure is not now or in the future used for commercial business purposes. The applicant was advised that if he has any present or future plans to use this structure for commercial or business purposes, he would have needed to first apply to St. Croix County for a special exception permit before the Town Board would have granted the issuance of this permit. In addition, the driveway at this property must be installed to present residential standards prior to the construction of the accessory structure. 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
10-104	Gary Porter	260 Troon Ct	Alteration
10-105	Gina Haskins	630 Swedish Mission Rd	New Home
10-106	Evan Carstedt	163 South Glover Rd	Alteration

DRIVEWAY PERMITS – None.

COMMITTEE REPORTS – R. Jones stated that they are looking at going out for bids on the 2010 road projects in late April. He hopes to schedule an informational meeting for the residents in the next few weeks.

DISCUSS & CONSIDER RECORDS RETENTION ORDINANCE – M. Mitchell stated that he started working on the ordinance in April 2008. It was reviewed by the clerk/treasurer, deputy clerk/treasurer and the town board. Then it was sent to the state for their approval. It came back with recommended changes. Those changes were made and the ordinance was sent back to the state. After the state approved it, the town attorney reviewed it and made changes to Article I to make it more understandable instead of just a duplication of state statutes. A Public Records Notice prepared by the town attorney will be posted, if the ordinance is approved, explaining the public record request process to the public. D. Pearson moved to adopt Chapter 112 – Public Records; Access and Retention, seconded by J. Cuccia. Motion passed, all in favor.

SET ROAD TOUR DATE – The road tour date of April 17^th at 8:00am was confirmed.

REVIEW 2009 REVALUATION PROCESS AND ADDRESS ACTION ITEMS – Roger Koski, Bowmar Appraisals, Inc. explained that in 2010 the assessors started by assessing mobile homes and personal property within the town. After that is completed, they assess new construction. Around the end of April, they expect to start the ag review process and address resident concerns. They have asked that property owners, concerned with their valuations, submit a copy of their tax bill, a written explanation of their concerns, their phone number and an appraisal, if they have one, to the assessors. Once they have addressed properties flagged for review, they will set up Open Book and Board of Review dates. They hope to be ready for Board of Review in July or early August. D. Pearson asked if farmers needed to contact the assessors if their land was declassified and now it’s being farmed again. R. Koski said yes, they should be contacted whenever there is a change. D. asked where the assessment notices are sent for out of town land owners. R. Koski replied that they get the addresses from the county at the beginning of the year. Any changes in address during the year are not received by the assessors until the following year. The assessment notices are sent out a minimum of 15 days before the Board of Review per state statute. R. Knapp referred to a letter the town received from some landowners along the river, asking that the town consider a new classification for riverway property. It is the state that determines the assessment categories. R. Koski sent a copy of the letter to the Wisconsin Department of Revenue, but has not heard back. He recommended that the town ask the WTA for comment.

CLERK/TREASURER PERFORMANCE REVIEW – R. Knapp and B. Schwab will meet with S. Provos for her review in April.

CLERK/TREASURER REPORT – Copies of the cash reconciliation, impact fee summary, legal and engineering fee summary and budget summary were distributed to the board. S. Provos asked who planned on attending the Wisline Board of Review training. J. Cuccia will attend the April 27^th session. S. Provos will purchase the tape from Wisline and the rest of the board will listen to the tape to satisfy the Board of Review training requirements.

BILLS: Checks numbered 022394 – 022481 and the Elan bill were presented in the amount of $5,159,582.44. S. Provos stated that she had received a $700 bill for a fire call for a snowmobile accident on the St. Croix River on February 5th. A letter of explanation was distributed to the board. The town is being billed because the call came from a town resident. The St. Croix River is not part of the town. When the River Falls fire department arrived on the scene, responders that were already there identified the area that the victim fell through the ice, which was near the Afton Marina. The Minnesota responders took command of the scene. After a lengthy discussion, the board didn’t reach a decision on whether this should be paid. G. WahrenBrock moved to approve checks numbered 022394 – 022481 and the Elan bill for total of $5,159,582.44, seconded by B. Schwab. Motion passed, all in favor.

CORRESPONDENCE –

A letter was received by the River Falls Fire Department expressing concern for the mobile homes located in the Fox Mobile Home Park. B. Schwab will contact the fire chief to set up a meeting. R. Knapp volunteered to participate. He also plans to discuss the February 5^th snowmobile accident fire call charge.

COMMITTEE REPORTS –

J. Cuccia reported that the newsletter has been sent. There were some problems due to new regulations. She would like the town to consider moving their bulk permit from the River Falls Post Office to Hudson Post Office.

The date for the broadband stimulus funding application has been changed from March 15^th to March 29^th. The committee is continuing its efforts to get letters of support.

The assignments for the Annual Meeting are: Gloria – CZC, Jan – Nomination paper/caucus, Dan – Road construction projects, Jill – Parks, Sharon – Financial statements and Ray – Broadband.

G. WahrenBrock app moved to adjourn, seconded by D. Pearson. Motion passed, all in favor.

The meeting adjourned at 9:30 p.m.

These minutes were taken at a meeting

of the Troy Town Board held on the

11th day of March 2010.

________________________

Sharon Provos, Clerk/Treasurer