Town Board Meeting September 11, 2008

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday, September 11, 2008, at 7:00, p.m.. Gloria Wahrenbrock, Jan Cuccia, Dan Pearson and Brian Schwab were present.

 

The following people signed the attendance sheet:  Mel Hermansen, Jill Berke, Gary Parent, Steven West and Charlie Macdonell.  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 14, 2008 Town Board meeting had been distributed to the board. Dan Pearson noted an error under “Utility Permits”.  S. Provos agreed that there were no utility permits presented in August and that the two sentences under that agenda item should be deleted.  D. Pearson  moved to approve the minutes as corrected, seconded by Jan Cuccia.  Motion passed, all in favor.

 

CITIZEN INPUT – None.

 

PARK BOARD REPORT – Copies of the August Park Board minutes and Park Board Report were distributed to the board.  Jill Berke reviewed the report with the board.  The Park Board has started the 2009 budget process and hope to finish it at their September meeting.  Other items discussed were the pavilion and restroom roof shingling at Glover Park, getting estimates to restore the proper placement of the concrete ramp slab at the boat ramp, naming of the trails at Glover Park and the ball field project at Glover Park.    

 

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes had been distributed to the board.  J. Cuccia summarized the Plan Commission meeting for the board.  Two Riverway applications and one Riverway concept were heard by the Plan Commission.  They also discussed the pros and cons of wind power, reviewed the amendments of the Lower Riverway Zoning Ordinance and reviewed two more chapters of the Comprehensive Plan.

 

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 its been a relatively quiet summer.  The constables will also be making a recommendation to the Park Board that 2 people cover the parks during the 4th of July and Memorial Day weekends instead of just one.  The constable/park ranger hours could be reduced in January and February to make up for the increase in coverage they’re requesting.

 

In reviewing the Animal Control Report, J. Cuccia asked if there is any follow-up on the licensing of unlicensed dogs taken to the animal shelter.  R. Knapp stated that he would discuss the process with Kathi Pelnar.

 

RIVERWAY APPLICATION FOR CONSTRUCTION IN A CONFORMING AREA – PAUL GERTENBACH & KATHRINE REED, 438 STAG’S LEAP LN -

R. Knapp reviewed the application materials for the board.  Rob Jones, Cedar Corp., stated that Cedar Corporation’s noted earlier concerns with regard to the minimum lot width, the existing lot is approximately 195 feet wide at the building line, but after comments from the DNR and the Plan Commission, does not now feel that this condition creates non-conformity of the principal structure.  Thus, expansion or reconstruction are allowed within the terms of the remaining General Standards.  The Plan Commission recommended that the applicant submit a Vegetative Plan to the town board.  Steve West, Landsted, presented a Vegetative Plan.  The four trees detailed in the plan would be planted in the spring of 2009.  The board discussed the plan and the location of the trees.  R. Jones stated that the Plan Commission had recommended a plan that was 12ft on center, whereas the one submitted was closer to 18ft on center.  However, because the placement of the trees is closer to the house than the Plan Commission discussed, the plan would provide a more immediate screening of the house from the river. 

 

J. Cuccia moved that the Town Board approve the Saint Croix Riverway application for construction in a conforming area for Paul Gertenbach and Kathrine Reed, 438 Stag’s Leap Lane.  The proposed tree plantings, as defined in the applicant’s landscaping plan dated/revised September 8, 2008, will not only preserve but further screen the view of this home from the river. It is understood that the trees being planted must be nurtured to mature height and are a condition of this application’s approval.   As analyzed by the Plan Commission and Town Board this application also meets the following requirements; (1) the proposed construction will not create an unsafe or unhealthful condition, (2) it prevents and controls water pollution, (3) the location of the home in respect to floodways, flood plains, slope preservation zones, and bluff lines is allowable, (4) erosion potential of the site has been addressed, (5) there is no impact on terrestrial and aquatic habitat, (6) there is no impact of the site in respect to existing or future roads, (7) there is adequate wastewater treatment and (8) it is compatible with adjacent land uses. The applicant must also obtain any required County approvals before beginning construction.  Seconded by G. Wahrenbrock.  Motion passed, all in favor.  J. Cuccia asked how the town was going to follow-up to with the applicant to ensure the trees had been planted.  S. West stated he will submit photos to the town after the trees are planted.

 

RIVERWAY APPLICATION FOR AFTER-THE-FACT PERMIT FOR RECONSTRUCTION OF STAIRS – JAMES SWAN, 177 GLENMONT RD;

R. Knapp reviewed the application materials for the board.  R. Jones, Cedar Corp. stated that this is a conditionally permitted activity.  He explained that the town Plan Commission had requested that an engineer certify that the stairway components, as designed, will be securely anchored to prevent them from shifting and causing erosion.  The newly submitted River Access Layout (dated 6/28/08) and the Stairway Details (dated 7/9/08), showing the location and installation methods have been signed by a Wisconsin registered professional engineer.  The Plan Commission was satisfied that the applicant had protected the existing vegetation during the portions of the construction completed prior to the site review.  R. Jones also stated that the Plan Commission noted that the applicant began construction of the replacement stairs prior to obtaining a permit.  The Plan Commission recommended a violation remedy under the Uniform Building Code.  Cedar Corp. reviewed the material submitted and found that it contained all of the information requested during the concept review. 

 

Applicant James Swan offered to answer questions from the board.  D. Pearson asked J. Swan to comment on why he had started construction prior to obtaining a permit.

 

After review, J. Cuccia moved that the Town Board approve the Saint Croix Riverway application for an after-the-fact permit to reconstruct a stairway at the James Swan residence at 177 Glenmont Road under the condition that a special exemption permit from St. Croix County is obtained.  The Plan Commission and Town Engineer have reviewed submitted plans and agree that it meets our Lower Saint Croix Riverway Ordinance requirements.  As analyzed by the Plan Commission and Town Board this application meets the following requirements; (1) the applicant has taken precautions to screen the stairway from the river, (2) the proposed construction will not create an unsafe or unhealthful condition as attested to by a licensed engineer, (3) it prevents and controls water pollution, (4) the location of the stairway in respect to floodways, flood plains, slope preservation zones, and bluff lines is allowable, (5) erosion potential of the site has been addressed to a great extent by leaving the existing wooden steps, (6) there is no impact on terrestrial and aquatic habitat, (7) there is no impact in respect to existing or future roads, (8) there is no impact on wastewater treatment and (9) it is compatible with adjacent land uses.  Seconded by D. Pearson.  Motion passed, all in favor.

 

The board then discussed the violation remedy.  R. Knapp moved that James Swan, as a condition of approving the Riverway application for an after-the-fact permit to reconstruct a stairway at 177 Glenmont Road receive a citation under Chapter 27, Building Construction Ordinance, in the amount of $200.  Mr. Swan claims that he did not adequately understand the Town’s Riverway ordinance and consequently did not make application before beginning construction of his stairway.  As a minimum he should have verified whether a building permit was required and can be cited for not obtaining a building permit under Chapter 27, seconded by G. Wahrenbrock.  Motion passed, all in favor.

 

DISCUSS & CONSIDER TOWER ROAD MODIFICATIONS – D. Pearson explained that he had met with Cedar Corp., the town road crew, Zappa Bros., and B. Schwab at Tower Road to discuss the grade at the intersection of Tower Road and Marson Drive.  They discussed whether the newly reconstructed intersection may be steep enough to cause problems for school buses and trucks to start from the stop sign when turning onto Tower Road.  Rob Jones, Cedar Corp. reviewed the memo from Cedar Corp. he had distributed to the board.  He referred to the drawing and cost estimate to provide a more gradual approach to the Marson Drive stop sign.  The cost would be approximately $9,000.  He stated that in the center of the road, the intersection is comparable to what it had been before the reconstruction.  He did concur that on the side of the road, the intersection may be a little steeper. 

 

R. Jones reviewed the proposed beam guard on the south side of Tower Road near the intersection with Old Highway 35. The contractor entered into an agreement with the property owner where the beam guard was to be installed.  This agreement allowed the contractor to grade onto private property and much further south than was originally proposed.  Due to this additional grading, a more gradual slope may now be maintained in this area, removing the engineering warrants for a beam guard.  Removing the guard would reduce the project cost by approximately $8,000.

 

R. Jones went on to discuss the length of the installed culverts.  He stated that the town road crew would like to see 26 foot culverts installed to reduce the slope of the driveway embankment.   The contractor installed five 22 foot culverts with end caps as per construction plans.  R. Jones estimated that it would cost between $2,000 and $3,000 to replace the culverts at this point.

 

R. Knapp expressed concern that these types of changes should be made up front before construction starts because engineering changes are costly to the project.  D. Pearson agreed, but felt that if changes can be made to make the road safer they should be done.  The board went on to discuss the safety issues involved, the increased costs, the budgetary impact of the changes, and the future maintenance of the guard rail.  There were mixed opinions as to whether the guard rail or culverts should be changed.

 

D. Pearson moved to grade Marson Drive at the intersection of Tower Road and Marson Drive according to the scale proposed in the Cedar Corp. materials with the budget proposed in the materials dated September 11, 2008.  Motion was seconded by J. Cuccia.  Motion passed, all in favor.

 

REVIEW OF DRAFT AMENDMENT FOR LOWER RIVERWAY ZONING ORDINANCE, DECISION ON READINESS FOR FORMAL AMENDMENT – R. Knapp explained that the Plan Commission reviewed and was ready to move forward with version 9 of the amendments.  Since then, R. Jones had made suggestions to the Riverway Committee regarding several small changes and the committee had agreed the changes should be made.  Therefore, version 10 will be reviewed by the Plan Commission at their October meeting.  If they recommend moving forward, the public hearings would be scheduled for November 6 and November 13th at 6:30 p.m..  The town board will also have an opportunity to review the amendments (version 10) at their October meeting.

 

2009 SPEED LIMIT MAP – R. Jones distributed copies of the updated Town Speed Limit Map.  It was approved on April 13, 2006 and has been revised on September 11, 2008.  R. Jones explained that Cedar Corp. has incorporated the changes approved by the town board since April 13, 2006.  After reviewing the map, G. Wahrenbrock moved to approve the Official Speed Limit map of September 11, 2008, 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

08-138

Aaron Clay

20 Serenity Ct

Storage shed

08-162

Chet Marlow

792 Coulee Trail

Addition/ Alteration

08-164

Marquette Builders

303 Eagle Bluff Dr

New home

08-165

Mark Anthony Homes

493 Autumn Blaze Tr

Alteration

08-166

Young Hwa

353 Lindsay Rd

Alteration

08-168

Mark Woyak

338 Plainview Dr

Addition

 

 

 

 

 

DRIVEWAY PERMITS – The following permit was submitted by the Building Inspector and reviewed by the town board.

08-115

Marquette Builders

303 Eagle Bluff Dr

 

 

 

 

UPDATE OF HUDSON JOINT LIBRARY CAPITAL FUND REFERENDUM – R. Knapp reviewed the Joint Library Capital Fund Contribution Worksheet with the board.  He summarized by saying that the town’s voluntary contribution would be $302,000 over a ten year period at a projected interest rate of 5%, or $38,439/year for 10 years.  Copies of the proposed resolution authorizing the Town of Troy to exceed the levy limit specified in Wisconsin Statutes section 66.0602 on an ongoing basis during budget years 2009-2018 for library acquisition and reconstruction costs and the Levy limits referendum question and explanatory statement on effective vote were distributed to the board.  R. Knapp reviewed the proposed resolution, referendum question and explanatory statement with the board.  D. Pearson asked if this would be a binding referendum.  R. Knapp stated that it would be, if all the conditions were met such as each of the four joint library members approving their referendum and matching private contributions being obtained by the library foundation.  B. Schwab asked if it would limit future levy limits.  R. Knapp explained that the town could request other levy limits in the future for other town requirements.  The board discussed their concerns including, whether Troy residents would understand what they are voting for, how to inform residents about the referendum question and its impact on Troy residents, the ten year commitment, the wording of the referendum question and the explanatory statement and how this referendum question compares to the question that was on the April ballot.  R. Knapp explained that all of the conditions set forth at the June Town Board meeting to move forward with a November ballot had been met and if anything, the financial contribution was somewhat smaller than the April non-binding question.  R. Knapp moved that the town board support the process of bringing the library referendum question to the voters in November as a ballot referendum question, seconded by D. Pearson.  Motion failed 2-2-1.  (For:  R. Knapp and D. Pearson.  Against:  G. Wahrenbrock and B. Schwab.  Abstain:  J. Cuccia.)

 

CODE BOOK PROJECT UPDATE (Roads and Roadway Ordinance and the Utilities Ordinance) – Copies of the proposed ordinance were distributed to the board prior to the meeting.  G. Wahrenbrock moved to table this until next month, seconded by J. Cuccia.  Motion passed, all in favor.

 

SET DATES FOR BUDGET MEETINGS – The board scheduled the budget workshop meeting on Tuesday October 14 at 7:00pm.  The public hearing for the budget is scheduled for November 18th.

 

CLERK/TREASURER REPORT – Copies of the cash reconciliation, impact fee summary and budget summary were distributed to the Board.

 

BILLS: Checks numbered 020226-20308 and the Elan bill were presented in the amount of $133,250.50.  J. Cuccia moved to approve checks 020226-20308 including the elan bill of $209.30, for a total of $133,250.50, seconded by B. Schwab. D. Pearson pointed out that the amount listed for checks 020299 & 020300 were reversed.  Friendly amendment  “Clarify that check 020299 is for $1,038.94 and check 020300 is for $3,126.14.”  Amended motion passed, all in favor.

 

COMMITTEE REPORTS – J. Cuccia is in the process of finalizing the newsletter.  She has sent out the draft to the board and is looking for feedback.

 

CORRESPONDENCE –

R. Knapp stated that he will be attending the Hudson Area Fire Department meeting next week.

 

River Falls Rural Fire Association will be reviewing the future fire department needs at a meeting on September 24th held at the River Falls Library.

 

 

R. Knapp moved to adjourn, seconded by J. Cuccia.  Motion passed, all in favor.

 

The meeting adjourned at 10:37 p.m.

 

These minutes were taken at a meeting

of the Troy Town Board held on the

11th day of September, 2008.

 

________________________

Sharon Provos, Clerk/Treasurer