Town Board Meeting September 10, 2009

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday September 10, 2009, at 7:00 pm.  Jan Cuccia, Gloria WahrenBrock, Dan Pearson and Brian Schwab were present. 

 

The following people signed the attendance sheet:  Jill Berke, Ron Schock, Tanner Turnquist and Jon Sonnentag.   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 13, 2009 Town Board meeting had been distributed to the board.  J. Cuccia moved to approve August 13, 2009 Town Board minutes, seconded by G. WahrenBrock.  Motion passed, all in favor.

 

CITIZEN INPUT – None.

 

PARK BOARD REPORT – Copies of the August Park Board Report and the August Park Board minutes had been distributed to the board. Jill Berke stated that the Park Board is currently working on the 2010 budget.  She also reported that Bryce Dierke has finished his Eagle Scout project of installing the south kiosk and restaining the pavilion.  She thanked Preco Laser and Riverland Laser for the engraving work they provided on engraved maps of the park trails.  The Park Board also awarded Flanagan Sales, Inc the new park equipment project in the amount of $21,033.  The new equipment should be delivered and installed in early October.

 

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes had been distributed to the board.  J. Cuccia stated that the Plan Commission reviewed the 3 lot CSM application from Tanner Turnquist and a riverway concept application from Steve Weekes.  Prior to the Plan Commission meeting, the Andings requested that their rezoning applications be removed from the agenda.  D. Pearson moved to removed item #8 (Rezoning Exclusive Ag to Ag/Res – Frederick & Ruth Anding, 431 Hwy 35) and item #9 (Rezoning Exclusive Ag to Ag/Res – Raymond and Eloise Anding, 403 Hwy 35) from the agenda this evening, seconded by B. Schwab.  Motion passed, all in favor.

 

PARK BOARD APPOINTMENTS – The Park Board recommended the appointment of Suzanne Van Mele to fill the unexpired term of Park Board Supervisor #6, currently held by Mark Daun.  B. Schwab moved to approve appointing Suzanne Van Mele to fill Park Board position #6 currently held by Mark Daun, seconded by D. Pearson.  Motion passed, all in favor.  J. Cuccia acknowledged and thanked M. Daun for his work on the Park Board. 

 

PARK BOARD BUDGET AMENDMENT – B. Schwab explained that in the 2009 Park Budget there is $12,600 available for undesignated capital projects.  The Park Board would like to move $2,000 from the undesignated category to the playground equipment line item.  B. Schwab clarified for the Town Board that the Park Board will not spend all of its capital budget in 2009.  B. Schwab moved to take $2,000 from the undesignated capital allocation in the 2009 Park budget and move it to playground equipment line item at Glover giving us a total there for $22,000, for the slight overage on the equipment and some additional sand.  Seconded by J. Cuccia.  Motion passed, all in favor.

 

CONSTABLE & SHERIFF REPORTS – Copies of the Constable report, the Sheriff’s report and the Animal Control report were distributed to and reviewed by the board.  Constable Ron Schock summarized that the summer was a good one, with nothing out of the ordinary happening.  R. Knapp asked about the comment in Park Ranger, Fred Miller’s report stating that the gate to Glover Park was opened by someone before 8:00am when Eric Starr was on vacation.  B. Schwab will follow-up with E. Starr. 

 

The board appreciated the additional patrolling at Pembles Access by the sheriff’s department. 

 

While reviewing the Animal Control Officer’s report, J. Cuccia commended Kathi Pelnar for facilitating a resolution between two pet owners, when one resident’s dog killed the other person’s cat.

 

3 LOT CSM – TANNER TURNQUIST, 576 BOUNDARY ROADRob Jones, Cedar Corp., gave a brief summary of the CSM application.  This was originally a 40 acre exclusive ag parcel.  It was rezoned and subdivided in 2004 as a 50/50 Farm Plan.  The applicant’s CSM request creates lots 5, 6 & 7 from what was originally lot 1 under the 2004 farm plan.  Lots 2 & 3 were previously created in 2004 and are not affected by this CSM.  This was considered a minor subdivision in 2004 and therefore, according to Troy Ordinance, can be further subdivided after 5 years.  The lot could potentially be divided into 4 lots instead of 3 at this time.  The applicant chose not to pursue that option and the Plan Commission requested that no further subdivision be allowed on this property in the future and any claim to the additional Development Right be given up.  The Plan Commission also stated that the applicant must request an amendment to the original farm plan and an exception to design standards to the town’s Road Ordinance to allow three homes access to a shared driveway.  To satisfy the Plan Commission requests, Jon Sonnentag, S & N Land Surveying, provided copies of the Easement and Declaration of Covenants, Conditions, and Restrictions for Joint Driveway, the Release and Waiver of Development Right, an Application Addendum, and a new CSM.  The town attorney is in the process of a final review of these additional documents.  The Town Board is also concerned with assurances that the shared driveway is paved.  After additional discussion, J. Cuccia moved to approve the 3-lot CSM for Tanner Turnquist at 576 Boundary Road, and approve that CSM as presented tonight with the note specifically that

the shared driveway is for private residential use by lots 5, 6 and 7 only and shall not be extended or expanded and represents an exception to our ordinance-based Town Road Standards, as issued by the Town Board on 9/10/09. And further that such driveway will be asphalted with a 12 foot asphalt surface with 3 feet of shoulders. That we note and accept the application amending the original Farm Plan approved on January 15, 2004.  That we acknowledge that the applicant has completed a notarized release claim and waiver of an additional Development Right as a condition of the amended Farm Plan and that final approval is contingent on the town attorney and the applicant working out the Easement and Declaration of Conditions and Restrictions for the Joint Driveway and that further there be an agreement that there be a financial guarantee or paved driveway prior to occupancy.  Seconded by D. Pearson.  Friendly amendment to motion:  “financial guarantee or paved driveway prior to occupancy building permit.  Amended motion passed, all in favor.

 

REZONING EXCLUSIVE AG TO AG/RES – FREDERICK & RUTH ANDING, 431 HWY 35 – Removed from the agenda.

 

REZONING EXCLUSIVE AG TO AG/RES – RAYMOND & ELOISE ANDING, 403 HWY 35 – Removed from the agenda.

 

TEENS FOR CHRIST – OLD TESTAMENT TABERNACLE (SUMMER OF 2010) – Bruce

Cicchese, Teens for Christ, gave a brief history of the Old Testament Tabernacle exhibit and explained what it looks to the board.  They would start setting-up the exhibit in May and would remove it in October.  From stake to stake, it would take up about 37,000 square feet.  It only requires one light bulb and would be staffed by the Teens for Christ.  He estimates that approximately 3,000 people will view the exhibit.  It would be open mostly during the week.  R. Knapp gave a brief summary of the Teens for Christ property and special exception permit.  He asked the other board members if they are willing to consider allowing the temporary exhibit.  Consensus was yes, howeverthere was uncertainty as to what permits are necessary since this is an unusual request.  The board asked B. Cicchese to talk to other communities that have allowed the Tabernacle exhibit and see what variances, permits and/or concessions were necessary.  Copies of these permits must be made available to the Town Board.  They also suggested he contact the neighbors of the Teens for Christ site to see how they feel about the temporary exhibit.  D. Pearson and R. Knapp will work with the Teens for Christ and St. Croix County to get a better understanding of what would be involved in allowing the exhibit and bring this information back to the Town Board.

 

DISCUSS & CONSIDER PROFESSIONAL REVIEW FEE DEPOSIT REFUND – KERNON BAST, COTTONWOOD SUBDIVISION - S. Provos stated she hasn’t received a written request from K. Bast yet, that documents his request to withdraw his development application.  The town attorney is also still reviewing the matter.


UTILITY PERMITS:  The following permit was submitted by Cedar Corp.:

U09-006     St. Croix Gas             Underground gas @ 344 N. Cove Rd.               $   50.00

 

J. Cuccia moved to approve utility permit #U09-006 for St. Croix Gas for underground gas service at 344 N. Cove Road contingent upon receipt of the fee, seconded by B. Schwab.  Motion passed, all in favor.

 

COMMITTEE REPORTS –

R. Jones gave the board a brief update on the current road projects on Tower Road and on Townsvalley Road.  The projects are substantially complete, however Cedar Corp., and several Town Board members are not entirely satisfied with the work that has been completed.  Cedar Corp. will be getting together with the contractor on-site to create a punch-list of items that need to be corrected/completed.  The final completion date as spelled out in the contract is August 14, 2009.  After that date, the town can assess the contractor $500/day until the projects are complete.  The town is also holding a 2 ½% retainer.  R. Knapp asked R. Jones to also evaluate the intersection of Gilbert Road and Tower Road to see if it has been done to the project specifications.  There are concerns about the crowning of the road at this intersection.  

 

BILLS: Checks numbered 022022 – 022091 and the Elan bill were presented in the amount of $340,334.78.  The board discussed reservations for approving check #22026 to Antczak Construction, Inc. for $173,414.50 because of their concerns over the status of the road projects.  G. WahrenBrock moved to approve bills 022022 – 022091 including the Elan bill for $1,502.89 for a total of $340,334.78, with the contingency of holding check #22026 for Antczak Construction, Inc. in the amount of $173,414.50 until the road restoration approval by the town board chair and the town engineer is mutually agreed upon, seconded by B. Schwab.  Motion passed, all in favor.

 

DISCUSS & CONSIDER RENTAL INSPECTIONS – D. Pearson followed up with the county regarding inspections of rental properties and found out that the county doesn’t have procedures/rules in place to perform them.  D. Pearson and B. Schwab agreed to follow-up with the WTA and other communities to see what procedures/requirements are being used by other towns.

 

BUILDING PERMITS:  The following permits were submitted by the building inspector and reviewed by the Town Board.

PERMIT #

APPLICANT

ADDRESS

PROJECT

09-141

Clint Ronnestrand

679 Coulee Tr

Deck

09-142

Sanjil Sethi

500 East Cove Rd

Pool

09-143

Mike Vivoda

583 Wyngate Dr

Deck

09-144

Tim Mosconi

222 Plainview Dr

Storage Shed

09-145

Tom Stiles

231 Muirfield Tr

Storage Shed

09-146

Joseph Klewicki

329 Lindsay Rd

Pool

 

 

 

 

 

DRIVEWAY PERMITS – The following permits were submitted by the building inspector and reviewed by the Town Board.

PERMIT #

APPLICANT

ADDRESS

09-107

Bill Gold

310 North Cove Rd.

09-108

Tanner Turnquist

Boundary Rd

 

 

DISCUSS & CONSIDER CLASS B RETAILER’S LICENSE & OPERATOR LICENSE – KINNICKINNIC HEALTH FOUNDATION – S. Provos has received the application for the Class B Retailer’s license and temporary operators license for the fourth annual Harvest Moon Barn dance.  She ran a background check on the operator, Sharon Johnson and it was clear.  J. Cuccia moved to approve the temporary operator’s license for Sharon Rose Johnson and the temporary Class B Retailer’s license for the River Falls Area Hospital Foundation to serve liquor at its 4th annual Harvest Moon Barn Dance on October 3rd, seconded by G. WahrenBrock.  Motion passed, all in favor.

 

DISCUSS & CONSIDER OPERATORS LICENSES – TROY BURNE, LLC. – S. Provos received two applications for operators from Troy Burne, LLC.  The necessary paperwork, class requirements and background checks have been completed.  B. Schwab moved to approve the operator’s licenses for Elizabeth Straub and Darcy Yanish for Troy Burne, LLC., seconded by J. Cuccia.  Motion passed, all in favor.

 

SET DATES FOR BUDGET MEETINGS – The board decided to hold its budget workshop meeting at 11:10am on Monday October 19, 2009.

 

DISCUSS STATUS OF REVALUATION – D. Pearson would like to see the assessor provide the board or review with a listing of the 2008 real estate sales within the town.  R. Knapp made the other board members aware of the fact that the Board of Review has been pushed back to November 7th at 9:00am because the assessors will not be ready by October 19th, as originally scheduled.  The Board of Review will have to meet on October 19th, at 11:00am to reconvene to November 7th.  

 

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 answered questions from the board.

 

DISCUSS CZC BUDGET REQUIREMENTS FOR 2009 – The Comprehensive Zoning Code (CZC) Committee was scheduled to finish up its work by August of 2009.  The Town Board recognized that the deadline has been extended to December of 2009.  The first 4 months of 2010 will be spent reviewing their body of work with comments submitted by the Plan Commission, Town Board and town attorney.  Draft copies will be shared with the county and the document will be shelved until such time that the town can legally assume zoning authority.   R. Knapp reviewed the updated CZC budget with the board.

 

DISCUSS PLAN TO STAFF RECYCLING CENTER – D. Pearson summarized that Scott Frederickson had been hired to replace Marvin Nelson who recently resigned his position at the Recycling Center.  S. Provos will run a background check on S. Frederickson. 

 

CORRESPONDENCE –

The board discussed an article regarding email accounts in the Municipal Law Alert from Bakke Norman.  S. Provos and J. Cuccia will follow-up with work email accounts for the town board members.

 

The town road crew is working with residents on East Woodridge Drive to resolve a gravel washout complaint.

 

Board members received a copy of the letter sent from the town attorney to Stephen Dunlap regarding a complaint by John Salmon.

 

R. Knapp sent a letter to the St. Croix County Board of Appeals regarding safety concerns surrounding the driveway placement at the Montessori School on Red Brick Road.  The county will respond to the letter after the 45 day appeal period has ended for the Circuit Court decision.

 

The Hudson Fire Department budget meeting is scheduled for next Monday night.

 

J. Cuccia asked if anyone wanted to attend the WTA Working Lands Initiative workshop scheduled for October 28th in Eau Claire.  D. Pearson and J. Cuccia expressed interest.

 

COMMITTEE REPORTS –

J. Cuccia reported that the newsletter was finished and would be mailed out on Friday.

 

J. Cuccia recapped the fire department chief workshop she attended at the City of River Falls.

 

B. Schwab asked if the town would consider doing North Glover Road next year if the bids were low enough.  He would like to see the bike path along Glover considered as an option in the bidding process.  B. Schwab will get cost estimates on North Glover from Cedar Corp. on how much it would take to do the engineering required to obtain bids on North Glover.

 

 

G. WahrenBrock moved to adjourn, seconded by B. Schwab.  Motion passed, all in favor.

 

The meeting adjourned at 10:35 p.m.

 

These minutes were taken at a meeting

of the Troy Town Board held on the

10th day of September, 2009.

 

________________________

Sharon Provos, Clerk/Treasurer