Town Board Meeting May 8, 2008

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday, May 8, 2008, at 7:00, p.m.  Gloria Wahrenbrock, Jan Cuccia, and Brian Schwab were present.  Dan Pearson arrived later.

 

The following people signed the attendance sheet:  Josh Miller, Jim Fitzpatrick, Jill Berke, Anne & Bruce Schulze, Mary Ann Smith, Diane Deisch, Jay Griggs, Jane & Pete Dreis, Peter Dreis, Mel Hermansen, Karen Blodgett, Jack Anacker, Jon & Wendy Byl, Bob Setzer, Susan Holt, Marsha Mose, Francis Ogden, Charlie Macdonell, and Mark Mitchell.  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 April 10, 2008 Town Board meeting had been distributed to the Board.  Jan Cuccia moved to approve the Town Board meeting minutes from April 10, 2008, seconded by Gloria Wahrenbrock.  Motion passed, all in favor.

 

CITIZEN INPUT – Resident Sue Holt stated that the residents of Red Brick Road would like to petition the town to reduce the speed limit on Red Brick Road to 35 mph.  The town board agreed to put this on next month’s agenda.  S. Holt will give the town clerk a signed petition prior to the meeting.

 

Resident Jane Dries stated that the residents on Red Brick Road would like to join the town if the Troy Town Board decides to ask St. Croix County Board of Adjustments to reconsider their decision affecting the Heartland Montessori School.  She explained that she listened to the tape of the Board of Adjustment (BOA) meeting and shared her concerns with the town board.  After listening to the tapes, she had two concerns that might affect the ruling by the BOA.  1. that the chair of the BOA’s children had attended a Montessori School and 2. that the realtor commenting on property values was a member of the Heartland Montessori School Board.

 

Resident Bruce Schulze stated that the neighbors on Red Brick Road are not against the Montessori School, just against locating it on Red Brick Road because of safety and traffic concerns.  He stated that there would be 16 permanent parking spaces with an additional 54 vehicles allowed to park on the grass on a 2 ½ acre lot.  There would be 6 events allowed per year which is basically one every other month.  He is also worried about the capacity of the septic system, but stated that the county is giving the school a year to upgrade it. 

 

Resident Sue Holt stated that she had also listened to the tape of the BOA deliberations and that the board compared having the Montessori School in the neighborhood to having a public school in the neighborhood.  She stated that a public school would provide more green space.  She felt that there are not many studies available regarding what happens to property values if a Montessori school locates in the neighborhood.  She was also concerned that the realtor that told the Board of Adjustments that property values wouldn’t be affected by a Montessori School also serves on the Heartland Montessori School Board.

 

Resident Jack Anacker stated that if the school can’t be prevented from locating on Red Brick Road, he feel that the access to the school should be from Coulee Trail, not Red Brick Road.

 

PARK BOARD REPORT – Copies of the April Park Board minutes and Park Board Report were distributed to the board.  Jill Berke recapped the annual on-site park visit done by the Park Board.  She stated that the roof needs to be replaced on the bathrooms at Glover Park, the town crew will install recycling cans at Glover Park, Trail Source will begin the trail finishing work at Glover in May and the Park Board is working with the constables on extra signage regarding “no alcohol use” at Pembles Access.  She has also asked the road crew to periodically remove graffiti found at Glover Park.  They are willing to do it, but would need to purchase an orbital sander.  The Park Board is willing to split the cost of a sander with the town. 

 

There was a brief discussion about ball field usage conflicts at Glover.  A River Falls team had the field reserved last Sunday, only to find a Hudson team already using the field when they arrived.  The Hudson team has now requested to reserve the fields for the next three Sunday evening.  Since the Hudson and River Falls ball organizations have the field reserved Monday through Thursday, the Town Board wants to give other reservation requests priority over the ball teams.  The Park Board will discuss the reservation process at its next meeting, until then, S. Provos was directed to deny the Hudson ball team’s reservation request.

 

The Park Board is also requesting a camera be purchased for the park ranger.

 

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.  Constable, Mel Hermansen stated that he thought the park ranger should have a camera.  He has been told by the town attorney that pictures help in defending a citation in court.  He is also seeking guidance and back-up from St. Croix County in dealing with alcohol problems at Pembles Access.  S. Provos will work with Fred Miller on the purchase of the camera.

 

The Board reviewed the Sheriff’s report and the Animal Control report.

 

CARPENTER NATURE CENTER PRESENTATION ON RELATIONSHIP WITH TOWN & DNR – Jay Griggs, Carpenter Nature Center (CNC) gave a brief history of the center.  He explained that they are trying to coordinate the covenants on the Hein property, the regulations from the Wisconsin DNR Stewardship grant and the conservation easement on the property.  They have removed the no trespassing signs and opened the land to the public as required by the Stewardship Grant.  The amount of money CNC received from the sale of development rights will be spent on their Wisconsin Campus sometime in the future.  The DNR does not dictate a timeframe for when the money has to be spent, just that it has to be spent to further the objectives of the DNR grant.  Karen Blodgett, DNR stated that the DNR will continue to keep track of this.  She has been working with CNC to ensure that they stay in compliance with the Stewardship Grant.  J. Griggs stated that CNC is in the process of sending the DNR a letter that should resolve any outstanding issues. 

 

G. Wahrenbrock commented that she was involved with the early negotiations when CNC sold its development rights.  Town representatives had thought that these dollars would be directed only at the Wisconsin facility and we have been concerned with both allocation of funds and the hesitancy of CNC to open all land to the public.

 

 

RIVER FALLS FIRE RESPONSE AREA ANALYSIS PRESENTATION – CEDAR CORPORATION- Copies of the project overview were distributed to the Board.  Josh Miller, Cedar Corp., explained that they are assisting the City of River Falls and the River Falls Rural Fire Department with conducting a study that will analyze existing and future fire protection within the River Falls Fire Response Area.  The study will look at projected growth and how this will affect the fire department and the residents in River Falls and the adjacent towns.  They hope to present their findings to the town in August or September. 

 

POSSIBLE REQUEST FOR RECONSIDERATION OF BOARD OF ADJUSTMENT (BOA) DECISION AFFECTING HEARTLAND MONTESSORI SCHOOL – R. Knapp stated per an email from Gwen Kuchevar, Town Attorney that a reconsideration request and new evidence must be filed with the secretary of the BOA at least 15 days before the next BOA meeting.  She suggested that one reason for asking for reconsideration with no new evidence would be to revisit the matter because the statement in the BOA’s staff report that the proposed school is an allowed use in an Ag-Residential District is incorrect.  The allowed uses in an Ag-Res District are described in sec, 17-15(1)(a)-(d) and schools are not among them.  R. Knapp asked the rest of the Town Board if they wanted him to continue to work with G. Kuchevar to ask the BOA for reconsideration.  G. Wahrenbrock moved to give Ray Knapp the responsibility of working with the town attorney to develop a response to the St. Croix County Board of Adjustments focusing on there that may have been incorrect findings presented to the Board of Adjustments specifically regarding the Ag-Residential zoning and also that the town be concerned that the BOA making an attempt to spot zone in the Town of Troy.  That kind of spot zoning being inconsistent with Troy’s Long Range Plan.  And that this letter be sent to St. Croix County Board of Adjustment in a timely manner so that they can reconsider their decision.  Seconded by D. Pearson.  Motion passed, all in favor.  R. Knapp clarified that even though residents have expressed an interested in joining the town in its efforts to ask the BOA for reconsideration, he doesn’t think that would be appropriate.  If residents want to pursue this matter, they would have their own recourse through court action. 

 

DISCUSS & CONSIDER SECURITY LIGHT – COVE BOAT LAUNCH – Charlie Macdonell distributed a security light proposal to the Board.  He stated that Windford Lands Homeowners Association (WLHA) is going to discontinue financially supporting the security light at the intersection just east of the Cove boat ramp.  The Park Board would like to see the town take over support of the light once a new fixture is installed.  St. Croix Electric would install a new arm and eco-friendly fixture with downward illumination on the existing pole.  The cost would be $225 to install and approximately $7.50/month.  G. Wahrenbrock moved to approve the installation of an eco-friendly light for a cost of $225.00 and monthly cost of approximately $100/year which would come out of the Park budget, seconded by J. Cuccia.  Motion passed, all in favor.

 

SET-BACK EXCEPTION TO DESIGN STANDARDS – SHAWN & KIM COFFEY, 510 ORCHARD DR. – There isn’t a recommendation from Plan Commission at this time.  It will be on the Plan Commission agenda next month.

 

UTILITY PERMITS:  None

 

BUILDING PERMITS:  The following permits were submitted by the Building Inspector and reviewed by the town board.

PERMIT #

APPLICANT

ADDRESS

PROJECT

08-105

Matt Hollister

530 Old Hwy 35

New Home

08-115

Derrick Cravens

322 Soo Line Rd

Alteration

08-116

Pete Scharber

478 Meadow Ridge Tr

New Home

08-118

Ross Goulette

592 Boundary Rd

New Home

08-119

Cingular/AT&T

705 Tower Rd

Antenna

08-120

Jerome Anderson

21 Serenity Ct

New Home

08-122

Martin Blel

244 Plainview Dr

Alteration

08-123

Jim Kruizenga

417 New Century Dr

Alteration

 

DRIVEWAY PERMITS – The following permits were submitted by the Building Inspector and reviewed by the town board.

08-101

Matt Hollister

530 Old Hwy 35

08-104

Pete Scharber

478 Meadow Ridge Tr

08-105

Ross Goulette

592 Boundary Rd

08-106

Jerome Anderson

21 Serenity Ct

 

DISCUSS & CONSIDER ACTION TO COLLECT BID BOND – R. Knapp reviewed the information from G. Kuchevar, that the bond company for Precision Excavating has refused to pay the bind bond.  The town must now decide whether to file suit to collect it.  D. Pearson moved that the town start legal action against Granite Re and Precision Excavating for the bid bond, seconded by J. Cuccia.  Motion passed, all in favor.

 

BOARD OF REVIEW – ALTERNATE MEMBERS – R. Knapp asked Art Feyereisen and John Ruemmele to be alternate Board of Review members and both have agreed. 

 

R. Knapp read the following resolution:

 

 

Town of Troy

Resolution 08-01

Board of Review Alternate Members

 

 

BE IT RESOLVED,

That the alternate members of the 2008 Board of Review shall be:

 

Art Feyereisen and John Ruemmele

 

That both non-Town officer members and alternate members of the 2008 Board of Review shall be entitled to a per diem payment of $45.00 for each meeting or continued meeting of the 2008 Board of Review actually attended.

 

D. Pearson moved to adopt resolution 08-01, seconded by G. Wahrenbrock.  Motion passed, all in favor.

 

DISCUSS & CONSIDER CHANGING DATE OF JUNE TOWN BOARD MEETING – Neither R. Knapp or D. Pearson would be able to attend the Town Board meeting scheduled for June 12th.  Board consensus is to change the date of the meeting to June 19th. 

 

BOARD OF APPEALS APPOINTMENTS –.David Hense has agreed to serve on the Board of Appeals.  R. Knapp is looking for another resident willing to serve on the committee.  R. Knapp moved that the Town Board supports appointing Gloria Wahrenbrock, Ray Knapp, Dan Pearson, Jan Cuccia and Dave Hense as the 2008 Board of Appeals, seconded by J. Cuccia.  Motion passed, 4 – 0 (D. Pearson abstained).

 

Board supervisor Brian Schwab left.

 

CODE BOOK PROJECT UPDATE OF PUBLIC RECORDS AND ANIMALS –.Mark Mitchell reviewed the Public Records Ordinance and the Animal Control Ordinance with the Board.  M. Mitchell will check with county zoning to determine how much of the proposed Animal Control Ordinance language is already covered under county zoning ordinance.  He will also clean up the Public Records Ordinance and have S. Provos review it before sending it to the State for review.  Next month the Board will review the Animal Control, River Access and Parks Ordinances.  R. Knapp and M. Mitchell will meet to discuss the schedule for the remaining ordinance updates.

 

CLERK/TREASURER PERFORMANCE REVIEW – R. Knapp recapped the job performance review he and J. Cuccia had with S. Provos.  He listed the major job elements as:  elections, financial records, office management, website and Town Board minutes.  They are recommending a 1.00/hr increase (approximately 4.5%) which is comparable to the increase the road crew received.  R. Knapp moved to retro to April 1st, increase the wages for the Clerk/Treasurer from $22.00/hr to $23.00/hr which is approximately a 4.5% increase, seconded by J. Cuccia.  Motion passed, all in favor.

 

CLERK/TREASURER REPORT – Copies of the cash reconciliation, and budget summary were distributed to the Board.  S. Provos is still working on the impact fee information requested by the Board last month.  S. Provos recommended a $1.00/hr increase for Deputy Clerk, Sharon Weide.  She stated that S. Weide hasn’t had an increase since 2006 and is currently making $11.00/hr.  This was an action item specifically noticed under the Clerk/Treasurer report.  D. Pearson moved to increase the deputy clerk wages from $11.00/hr to $12.00/hr effective April 1, 2008, seconded by J. Cuccia.  Motion passed, all in favor.  R. Knapp and S. Provos will meet with S. Weide in June to review her job expectations/concerns.

 

In reviewing the budget, S. Provos stated that Law Enforcement expenses and Engineering Fees were higher than what was budgeted.  R. Knapp will talk to the county about cutting back on their hours during the latter part of the year.  S. Provos was reminded that some of the engineering costs were budgeted for in the Comprehensive Zoning category.  She will transfer the engineering fees to the proper accounts.

 

DEVELOP PROCEDURE FOR ADDRESSING OBJECTS IN ROAD RIGHT OF WAY – A list of addresses with objects in the road right of way and with two driveways was compiled by the road crew and distributed to the Board.  R. Knapp has asked the town attorney to draft form letters that the town can send out to cover right of way and driveway issues.  R. Knapp moved to table this agenda item until next month, seconded by D. Pearson.  Motion passed, all in favor.

 

BILLS: Checks numbered 019993 – 020041, the Elan bill and an impact fee check to DCCI, were presented in the amount of $49,903.92.  J. Cuccia moved to pay checks 019993 through 020041, including the Elan check for $564.30 and the check to DCCI for $6,480.00, for a total of $49,903.92, seconded by G. Wahrenbrock.  Motion passed, all in favor.

 

CORRESPONDENCE –

J. Cuccia received a letter from Jim Doyle thanking her for her letter regarding Transportation Aids.

 

There will be an Urban Towns Association meeting in Hammond on July 24th.

 

Resident Cindy Dehler emailed R. Knapp asking that a center line be painted on Plainsview Road.

 

Comcast has paid the $5,000 fine to the town.

 

The current DOT schedule for Highway 35 is to build the Coulee Trail overpass in 2011, the Radio Road interchange in 2013 and the date for the Glover Road intersection is undefined.  They also stated that based on traffic data they are not willing to consider reducing the speed limit on the highway to 55 mph.

 

The UW-Extension has a Density, Farmland, Natural Areas and Leadership workshop scheduled for Friday June 13th.

 

COMMITTEE REPORTS –

 

J. Cuccia attended the Madsen preconstruction meeting.  There were some questions on the height allowed for the decking.  The Madsens will be submitting their construction plans to Brian Wert for review.

 

The Riverway Committee will be meeting with the DNR tomorrow.  Their main goal is to address any DNR concerns the DNR may have in relation to the Town’s Riverway Ordinance. 

 

R. Knapp moved to adjourn, seconded by G. Wahrenbrock.  Motion passed, all in favor.

 

The meeting adjourned at 11:32 p.m.

 

These minutes were taken at a meeting

of the Troy Town Board held on the

8th day of May , 2008.

 

________________________

Sharon Provos, Clerk/Treasurer