Town
Board Meeting September 13, 2007
Chairperson Ray Knapp convened the Regular Town Board Meeting on Thursday, September 13, 2007, at 7:02, p.m. Dan Pearson, Jan Cuccia, Gloria Wahrenbrock and Fritz Anding were present.
The following people signed the attendance
sheet: Charlie Macdonell, Ron Schock, Jill Berke, Jon Sonnentag, Bob Rolle,
Glen Wiese, Wendy Meurer and R.P. Lockwood. 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 August 9, 2007 Town Board
meeting had been distributed to the Board.
Jan Cuccia moved to approve the minutes, seconded by Dan Pearson. Motion passed, all in favor.
PARK
BOARD REPORT – Copies of the July meeting minutes and August
Park Board Report had been distributed to the board. Jill Berke gave the board a brief
summary. She report there is still one
vacancy on the board. The Park Board is
reviewing grants/funding sources, prioritizing short term and long term goals and
starting 2008 budget preparations.
PLAN
COMMISSION REPORT – Copies of the Plan Commission minutes
had been distributed to the board. R.
Knapp recapped the Wisconsin DOT presentation.
The rest of the items on the Plan Commission agenda are on the Town
Board agenda.
CITIZEN
INPUT – None
CONSTABLE
& SHERIFF REPORTS – Copies were distributed to the
board. Constable Ron Schock reviewed the
constable report with the board. He
informed the board that St. Croix Deputy Klatt is
willing to run license plate information for the constables if a citation they
issued needs to be processed and sent to the clerk of courts. R. Knapp informed the board that the retainer
fee for Kathi Pelnar, humane
officer, will be increasing by $50/year in February. He noted that the sheriff’s department
exceeded the town’s allotted monthly budget for the first time. Since signing the agreement, the sheriff’s
department has always been below the budgeted amount and we are in good shape
for this budget category.
R. Knapp asked D. Pearson to lead this
discussion since Wendy Meurer is a neighbor to R.
Knapp. W. Meurer
summarized her reasons for appealing the fire charge. There was a power surge due to a lightening
strike. Her alarm did not sound. The security company couldn’t get ahold of her because her phone was in the process of
resetting (due to the power surge) when they tried to call. She also didn’t have her cell phone on. The security company was able to get ahold of her neighbor who then ran over and told her that
the fire trucks were on their way. She
then called to cancel. Only the fire
chief showed up at her house to make sure everything was ok. Fritz Anding moved to charge 10% of the fire call ($50.00) because not all of the fire personnel
were there and it was an unusual situation, seconded by Gloria
Wahrenbrock. Motion passed, all in favor
(3-0). (R. Knapp & J. Cuccia
abstained)
DISCUSS
& CONSIDER TDR SENDING & HOLDING PERMIT & ANY NECESSARY DEVELOPER’S
AGREEMENT AMENDMENTS – VALLEY LAND CO., BJERSTEDT LANE (OLD CERNOHOUS PROPERTY)
– Jon Sonnentag, S&N Land Surveying, explained
that Valley Land is asking to remove and hold the 3 remaining development
rights until they have a buyer. The
Developer’s
Agreement has been amended to encumber the
entire development with a conservation easement instead of just 40%. Rob Jones, Cedar Corp. stated that they see
no reason not to approve the TDR permit.
D. Pearson moved to approve the TDR sending and holding permit for three
(3) development rights for Valley Land Co.,
DISCUSS
& CONSIDER REQUEST FOR ADDITIONAL PHASE – DCCI, MEADOW RIDGE OF TROY – G.
Wahrenbrock moved to table agenda item #7 which is discuss & consider
request for additional phase – DCCI, Meadow Ridge of Troy. Seconded by D. Pearson. Motion passed, all in favor.
DISCUSS
& CONSIDER MEMORANDUM OF UNDERSTANDING WITH DNR – CHAPTER 171 LOWER ST.
CROIX RIVERWAY ZONING ORDINANCE – J. Cuccia moved to
approve the following Memorandum of Understanding between the town and the DNR:
Memorandum of
Understanding
During
the last year, the Town of Troy (“Town”) and the Wisconsin Department of
Natural Resources (“WiDNR”) have collaborated on the
process of amending the Town’s Lower St. Croix Riverway Zoning Ordinance
(“LRZO”) with the mutual goal of creating a more understandable ordinance that
remains consistent with the intent of Wis
Admin. Code NR 118 (“NR118) and with the stated purposes of Chapter 171 of
the Town’s Code of Ordinances, the Town’s LRZO.
The
Town, in continuing cooperation of the WiDNR, intends
to develop a number of LRZO “Guidelines” designed to aid applicants in
understanding and complying with the complex requirements of the LRZO.
The
Town is currently working with the WiDNR in
developing Forestry, Vegetation, Erosion Control and Stormwater
Management Guidelines for public use that are designed to better explain the
specific requirements contained in the Town’s LRZO. The parties agree that neither these planned
Guidelines nor any other LRZO Guideline document shall be adopted or
implemented by the Town without prior written approval of the WiDNR.
The
Town agrees to closely cooperate with the WiDNR in
the sharing of all riverway application information, staff and public review
comments and decision and post decision reports in order to insure that the
provisions of the LRZO are applied in a manner consistent with the terms and
intent of the ordinance.
The
Town agrees to cooperate with the WiDNR in clarifying
or amending either the LRZO or appropriate Guideline when the WiDNR determines, after first conferring with the Town,
that the Town application of the riverway ordinance is inconsistent with the
terms and intent of NR 118.
This
Memorandum of Understanding does not prevent the Town Board of Appeals from
exercising its authority to grant variances and other exceptions to the terms
of the LRZO, as otherwise authorized by
This
Memorandum of Understanding does not affect the right of the Town or the WiDNR to exercise its appeal or other rights
concerning the LRZO under
Seconded by D. Pearson. Motion passed, all in favor.
DISCUSS
& CONSIDER PERMIT IN RIVERWAY FOR CONDITIONALLY APPROVED ACTIVITY IN THE
RIVERWAY FOR 3-LOT CSM AND EXCEPTIONS TO DESIGN STANDARDS FOR A SHARED DRIVEWAY
IN LIEU OF A TOWN ROAD AND TO ALLOW GREATER THAN 3:1 RATIO FOR LOTS ONE &
TWO – ROBERT & SUSAN ROLLE, 218 S. ILWACO RD. – J.
Sonnentag distributed copies of the CSM.
He explained B. Rolle could not obtain land from the adjacent landowner
(Glen Wiese) to put in a road and the town is not in favor of having 2 public
roads running parallel to each other less than 200 feet apart. Instead a private road would be used to
access the property. Two changes have
been made to the CSM since the Plan Commission meeting. 1. The following notation has been added to
Lot 3 “
Public Comments:
Glen Wiese was present,
he supports the private drive and does not want to see a town road across his
property. R. P. Lockwood still feels
that what is being proposed is a violation of the intent of the federal
administration and of Wisconsin NR118.
R. Knapp moved to approve a riverway permit for
a conditionally permitted activity in the riverway which is a 3-lot CSM minor
subdivision for the Rolle property located at
R. Knapp moved to grant an exception to design
standards for a shared private road for the 3-lot CSM being approved for the
Robert & Susan Rolle property at
R. Knapp moved to approve an exception to design
standards for a greater than 3:1 front to back average lot ratio on lots one
and two under the condition that the Developers Agreement is signed and that we
have identified buildable home sites on these 2 lots,
seconded by D. Pearson. R. Knapp stated
that any changes to what the town has approved in these three motions that is
made after-the-fact, potentially by the county, must then be presented back to
the town and separately reviewed. Motion
passed, all in favor.
The Town Board also recognizes that the Plan
Commission has considered the preservation of the view and use of the
river. They have considered the
prevention and control of water pollution.
They have considered the location of the site in respect to floodways,
flood plains, slope preservation zones and blufflines. They have considered the erosion potential of
the site and the impact on terrestrial and aquatic habitat and the location of
the site in respect to existing or future road, the adequacy of proposed
wastewater treatment, and the compatibility with adjacent land uses.
DISCUSS
& CONSIDER PERMIT IN RIVERWAY FOR A 24 MONTH
ADDITIONAL
BUILDING
PERMITS: The
following permits were submitted by the Building Inspector and reviewed by the Town
Board.
|
PERMIT # |
APPLICANT |
ADDRESS |
PROJECT |
|
07-163 |
Daniel Welch |
Deck/Alteration |
|
|
07-165 |
Kyle Brunner |
Deck |
|
|
07-166 |
Dave Zebro |
216 CTH F |
Alteration |
|
07-167 |
Mark Rubedor |
481 |
Deck |
|
07-168 |
John Mailand |
|
Storage shed |
|
07-169 |
Sarah Van Valkenburg |
374 Southern Pacific Rd |
Deck |
|
07-170 |
Bradley Erickson |
|
Alteration |
|
07-171 |
Mike McCollum |
|
New Home |
|
07-172 |
Mike Cox |
|
Deck |
|
07-173 |
Jim Lopez |
|
Deck |
DRIVEWAY
PERMITS – The following permits were submitted by the
Building Inspector and reviewed by the Town Board.
|
07-116 |
Dennis Hewitt |
|
|
07-117 |
Mike McCollum |
|
UTILITY
PERMITS – None.
DISCUSS & CONSIDER CLASS B RETAILER’S LICENSE – HARVEST
MOON BARN DANCE,
CODE BOOK PROJECT UPDATE – Copies
of the following updated draft ordinances had been mailed to the board. Town Board supervisors offered input for
consideration.
1. Fire Protection and
Emergency Medical Services
2. Emergency
Management
3. Town Board
4. Vehicles and
Traffic
Minor changes were
made to the submitted drafts based on supervisor input. Mark Mitchell will submit these ordinances to
Gwen Kuchevar, town attorney. The
following ordinances will be reviewed next month: Board of Review, Park Board and Building
Construction.
DISCUSS PLAN TO DEVELOP NUISANCE ORDINANCE – R.
Knapp explained that the town has been considering drafting a nuisance
ordinance for over a year. This was
assigned to Jim Webber and the to J. Cuccia when she
won election to J. Webber’s seat. At
this point in time, J. Cuccia informed R. Knapp that she doesn’t have time to
work on this project. After a brief
discussion, where no one expressed a strong desire to work on this project, the
board opted to put this on the back burner for now.
DISCUSS & CONSIDER COORDINATION WITH COUNTY PLANNING
DEPARTMENT – R. Knapp explained that the county and the town
are trying to coordinate joint site visits for riverway applications. Because the county has their site visits
during the day, it would be hard for most of the town’s Plan Commission members
to attend. M. Mitchell has offered to
represent the town at these meetings. He
would be considered an independent contractor and paid $22/hr with a two hour
minimum. D. Pearson moved to contract
with Mark Mitchell for $22/hr with a minimum of 2 hours to go on site reviews
with the county staff on riverway issues from November 2007 through April 2008,
seconded by J. Cuccia. Motion passed,
all in favor. R. Knapp asked if any
other board member would like to lead this effort. The board asked R. Knapp to work with M.
Mitchell and the county.
DISCUSS & CONSIDER VOTER REGISTRATION SYSTEM – MEMO OF
UNDERSTANDING WITH COUNTY –
DISCUSS & CONSIDER NEW CONTRACTS FOR ENGINEERING,
BUILDING INSPECTION AND LEGAL SERVICES – Copies of new
contracts for building inspection and legal services were distributed to the
board. They will review these for the
meeting next month. Cedar Corp. will
also provide an updated contract to board members prior to that meeting.
SET DATES FOR BUDGET MEETINGS – The
public hearing and Special Town Board meeting for the 2008 budget is scheduled
for November 13th at 7:00 p.m.
The Town Board will have a working session to develop the 2008 budget on
October 16th at 7:00 p.m.
CLERK/TREASURER
REPORT – Copies of the cash reconciliation, budget
summary and impact fees collected were distributed to the Board. S. Provos reported that Sharon Weide, Deputy Clerk, will be attending the LUCA (Local
Update of Census Addresses) workshop in
BILLS:
Checks numbered 020440 – 020510 and the Elan bill were presented in the amount
of $151,543.57. J. Cuccia moved to pay
bills from checks numbered 020440 – 020510 including the Elan bill in the
amount of $175.75 and a check to Connor/Dave Roe for the Eagle Scout project of
$848.95 for a total of $152,392.52, seconded by F. Anding. Motion passed, all in favor.
J. Cuccia will be attending a WTA teleconference
on September 24th.
R. Knapp and D. Pearson will be meeting with
town attorney, Gwen Kuchevar and Madsen’s attorney.
The town received a letter from the Wisconsin
DNR on their determination of the ordinary high water mark.
R. Knapp received a letter from the City of
R. Knapp received an email from the Town of
The Wisconsin DOT will hold a public
informational meeting on September 20th to discuss their plans for
HWY 35.
R. Knapp received a letter from Cyril Cernohous expressing his concerns about approving a shared
driveway in lieu of a town road for the Rolle property. (copy attached)
J. Cuccia moved to adjourn, seconded by G.
Wahrenbrock. Motion passed, all in
favor.
The meeting adjourned at 10:40 p.m.
These minutes were taken at a meeting
of the Troy Town
Board held on the
13th day of September, 2007.
__________________________________
__________________________________
Ray Knapp, Town Chairman