Town Board Meeting September 9, 2010

Chair Ray Knapp convened the Regular Town Board meeting on Thursday September 9, 2010, at 6:58 pm., immediately following the Board of Appeals meeting, as noticed. Supervisors Jason Kjos, Jan Cuccia, Gloria WahrenBrock and Brian Schwab were present.

The following people signed the attendance sheet: Charlie Macdonell, Jill Berke, Gary Parent, Mel Hermansen and Louise Hermansen. 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 12, 2010 Town Board meeting had been distributed to the board. J. Cuccia moved approval of the Town Board minutes for the August 12, 2010, seconded by B. Schwab. Motion passed, all in favor.

CITIZEN INPUT

Licensed plumber, Tim Thompson explained that the septic system for residents Peter and Nancy Zitzewitz has failed and collapsed. They have received the necessary permits from the state and the county to put in a holding tank. They thought if they were outside the 40 foot bluff boundary area they didn’t need a riverway permit from the town. T. Thompson is asking for permission to get an after-the-fact permit so the holding tank can be installed as soon as possible. The board gave R. Knapp permission to work with the plumber on a possible after-the-fact process that would adhere to the spirit of the town’s ordinance.

PARK BOARD REPORT – The August Park Board report was distributed to the board. J. Berke explained that Park Board member Jim Freund is working with Lawn Barbers on a contract. The new picnic tables and bleachers have been installed at Glover Park. Pembles Access is only open on the weekends until it closes at the end of September. The Park Board has also approved installing a “Park Watch” sign at Pembles that would list the phone number for St. Croix County dispatch.

PLAN COMMISSION REPORT – Minutes of the Plan Commission meeting had been distributed to the board. J. Cuccia stated that the Plan Commission heard 2 applications in September. One was for a 2-lot CSM for Shaun Bird and the other was a riverway permit for Eric & Jeanie Sonstegard. Both applications are on tonight’s agenda.

PARK BOARD APPOINTMENTS – J. Berke stated that the Park Board has recommended reappointing Eric Starr to Park Board position #1 and Greg Small to Park Board position #2. J. Kjos moved to appoint Greg Small and Eric Starr to Park Board member #1 and Park Board member #2 for a three year term, seconded by B. Schwab. 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 Mel Hermansen said that there was very little activity at the parks over Labor Day Weekend. Pembles Access was quieter this year, than in the past. Usage at the boat launch has been fairly steady this summer.

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

RIVERWAY REVIEW FOR A RIVERWAY PERMIT TO REBUILD STAIRWAY – ERIC AND JEANIE SONSTEGARD, 326 N. COVE RD. – Rob Jones, Cedar Corp., explained that the applicant wants to reconstruct the last leg of the stairway. The Plan Commission has recommended approval for reconstruction and the town Board of Appeals has granted a variance for an approximately 4’x4’ platform that would be used to pull the stairs up. The stairway is considered a conditionally permitted structure. The applicant does not plan on having lights on the stairway. The applicant is also aware that if they don’t get approval from the county for the landing, a new plan would have to be submitted to the town. J. Cuccia moved that the Town Board approve a riverway permit for the reconstruction of a stairway requested by Eric & Jeanie Sonstegard at 326 North Cove Rd., as shown on the plan submitted. This is a conditionally permitted structure that has received a variance from the Troy Board of Appeals for the 42” x 48” landing that does not meet requirements of 171-J.7(c). The applicant must also seek a variance from the county for this landing. If the stairs are built without the landing, new drawings must be submitted to the Plan Commission for review before construction can begin. And also that if lighting is added to this stairway, it must be downcast and visually inconspicuous from the river. Motion was seconded by G. WahrenBrock. Motion passed, all in favor.

2-LOT CSM – SHAUN BIRD, 351 GLOVER RD. – R. Jones explained that the application is for splitting a 5.39 acre lot between Glover Rd. and Ruthie lane. They have proposed to follow the requirements of Subdivision Ordinance 135-7C, “The single lot exception.” This exception allows lots to be split with the following special conditions:

1. The lot is not located in a major subdivision

2. The lot was legally created prior to 7/31/96

3. The lot contains an area of no less than 5.0 acres and no more than 6 acres

4. The division must result in a maximum density ratio of one dwelling unit per 2.5 acres

5. The minimum lot size is 2 acres.

These conditions have been met. The Plan Commission decided that they could support this lot split if both driveways were off of Ruthie Lane. The Plan Commission reviewed numerous lot configurations and recommended approval of CSM option F if the driveway serving lot 9 is more clearly shown and that a statement addressing the removal of the driveway on Glover Rd. is added to the drawing.

Jon Sonnentag, S&N Land Surveying, distributed a new CSM labeled “G” incorporated with the additional language requested by the Plan Commission. J. Sonnentag gave a brief summary of the project stating that the applicant was asking for an exception to design standards for lot 9 to reduce the front setback from 150’ to 100’. After briefly reviewing the CSM, R. Jones noticed that the front setback on lot 10 is only 75’now, but had been 100’ on CSM option F recommended by the Plan Commission. After a very in-depth discussion, it was determined that per the town’s Subdivision Ordinance, the setback on lot 10 could be 75’, however, the Plan Commission recommendation was 100’. R. Knapp asked J. Sonnentag if there were any other changes to the CSM option G, besides the 2 noted in the Plan Commission motion and the front setback to lot 10. J. Sonnentag stated those were the only 3 changes between option F and option G. R. Jones commented that something other than dots be used to note the minimum lot width of 120’ because it could be confused with the lot setback line.

R. Knapp told the applicant that changing options have added to the time, confusion and cost of this review process. R. Knapp expressed disappointment that the applicant had come to the Plan Commission requesting a recommendation on option F and then came to the Town Board with a modified option G.

Owner Shaun Bird questioned the bills he received for the town attorney and town engineer fees. He stated that Cedar Corp, has billed for over 40 hours, which is more hours than he has been billed by his own engineer. R. Knapp asked him if Cedar Corp. were to provide him with a detailed breakdown of their hours, would that be enough for him to reimburse the town for the fees. He stated that it would.

J. Cuccia asked who would pay to close-off the current driveway if both lots are sold at the same time. R. Knapp suggested that the words “by the seller” be added to the end of the NOTE on the CSM.

R. Knapp moved that the Town Board approve a single lot split exception for Shaun Bird at 351 Glover Road. This is based on the Plan Commission’s review that this lot split meets the requirements of our subdivision ordinance for a single lot not located in a major subdivision that was legally created prior to July 31, 1996. This motion applies to the applicant’s submission labeled option “G”, revised 9/8/10. This option “G” needs to be revised such that the setback from Glover Road on lot 10 is returned to 100 foot setback shown in the option “F” presented to the Plan Commission. In addition, the note that describes the removal of the driveway needs to be modified as such, that it clarifies that the new driveway to serve lot 9 would be put in by the seller. In addition, the Town Board approves two exceptions to design standards for the submitted certified survey map option “G”, revision date 9/8/10, first the front lot setback from Glover Road has been reduced from 150 feet to 100 feet on lot 9 and second that both lot 9 and 10 have less than the required minimum lot width of 120 feet at the Ruthie Lane right of way. Motion seconded by J. Cuccia. Motion passed, all in favor.

DISCUSS & CONSIDER EASEMENT FOR COMMUNICATION CABINET – Ken Carlsrud, Baldwin Telecom(BTI), showed the board a picture of what the communication cabinets would look like. They are asking that the town allow two cabinets to be placed on the town hall/shop property. In consideration for placing the cabinets on town property, the town hall would receive fiber optic internet service free for the duration of the easement. They are asking for a 99 year term. The board consensus is for R. Knapp to work with BTI and the town attorney on this easement.

DISCUSS & CONSIDER UTILITY PERMIT RESOLUTION (BROADBAND) – R. Knapp will have the town attorney draft the resolution for the next Town Board meeting.

BROADBAND INSTALLATION PLAN REVIEW – CEDAR CORP. – R. Jones stated that the major phase plan review would be covered by the $500 to be paid by BTI for engineering fees related to the BTI broadband project. R. Jones will coordinate the plan review with BTI.

UTILITY PERMITS: None.

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

PERMIT #	APPLICANT	ADDRESS	PROJECT
10-145	Bill Montgomery	75 E Woodridge Dr	Porch
10-146	Gary Romberg	243 Glen Circle	Storage Shed
10-147	Troy Burne Golf Course	295 Lindsay Rd	HVAC/Electric
10-148	Charles Larson	271 Turnberry Ct	Alteration

DRIVEWAY PERMITS – none.

DISCUSS & CONSIDER ADOPTION OF PARK AND RECREATION FACILITIES ORDINANCE –CHAPTER 109 – Copies had been distributed to the board members. J. Cuccia stated that the proposed changes to the current ordinance were approved by the Park Board back in May of 2008 and reviewed by the Town Board back in June of 2008. They have been submitted to the town attorney for review. She reviewed the attorney’s comments with the board recommended a few changes to the proposed ordinance. G. WahrenBrock moved to adopt the Park and Recreation Facilities Ordinance – Chapter 109 with the changes as addressed tonight, seconded by J. Kjos. Motion passed, all in favor. J. Cuccia will make the approved changes to the ordinance and get the final copy to S. Provos.

Changes will need to be made to the Town’s Citation Ordinance – Chapter 39 to reflect the approved changes to the Park and Recreation Facilities Ordinance. This will be put on next month’s agenda.

DISCUSS & CONSIDER RECYCLING FEES AND CONTRACTS – B. Schwab recommended contracting with River City Metals for hauling the appliances and scrap metal collected at the town recycling center. They are one of the few haulers who are certified salvagers and safe transporters for refrigerants per Chapter 488, Wisconsin Administrative Code and Wisconsin State Statute 285.59. They would provide a 20 yard dumpster for the appliances and metal and pay the town $30/ton. Paul’s Industrial Garage would continue to haul the rest of the materials. B. Schwab suggested not making any changes to the fee schedule at this time, but revisiting it after a couple of months to see if the town is covering its costs. B. Schwab moved to approve a one year contract with River City Metals to haul appliances and mixed metal, seconded by J. Cuccia. Motion passed, all in favor.

DISCUSS & CONSIDER A TITLE SEARCH OF OLUND AVENUE – Since no one from the St. Croix Yacht Club was present, the board decided to put this on next month’s agenda. S. Provos will contact the club and ask them to attend the meeting.

DISCUSS & CONSIDER FIRE CALL INVOICES – S. Provos gave a brief explanation of the two outstanding fire call bills. One is from 2/21/08 that Lifequest was unsuccessful in collecting and the other is from 2/10/10 in response to an unsuccessful St. Croix River rescue. R. Knapp moved to authorize the clerk to pay the two Rural Fire Association invoices of $500 and $700 and in the future pay these old invoices unless they become excessive and she feels that she needs to bring this to our attention, seconded by G. WahrenBrock. Motion passed, all in favor.

DISCUSS & CONSIDER APPOINTING CONSTABLES – R. Knapp stated that with Park Ranger Fred Miller resigning and Mel Hermansen not running for reelection, the town has an opportunity to change from elected constables to appointed ones. The change can only be made by a vote of the town residents. This item could be added to the agenda for the town meeting scheduled for November 16, 2010. An article could also be put in the upcoming newsletter. R. Knapp moved that the Town Board put on the November Town Meeting agenda, an item where we put to the electorate, moving toward appointed vs elected constables, seconded by B. Schwab. Motion passed, all in favor.

SET DATES FOR BUDGET MEETING – The board set the budget workshop meeting for October 12, 2010 at 7:00pm at the town hall.

DISCUSS & CONSIDER CLASS B RETAILER’S LICENSE & OPERATOR LICENSE – KINNICKINNIC HEALTH FOUNDATION – The town has received a request from the River Falls Area Hospital Foundation (formerly Kinnickinnic Health Foundation) for a Class B Picnic license and an operator’s license for Sarah Knecht for their upcoming annual Harvest Moon Barn Dance to be held at 526 Rolling Meadows Drive on October 2, 2010. R. Knapp moved to approve the Special Class B Retailers Picnic license to the River Falls Area Hospital Foundation for an event to be held on October 2, 2010 with a licensed operator of Sarah Knecht, seconded by J. Cuccia. Motion passed, all in favor.

APPROVE OPERATOR LICENSES – The town has received operator license applications for Kristi Kelly and Mariah Snow. S. Provos stated that all the necessary paperwork, background checks and classes have been completed and is recommending approval. R. Knapp moved to approve operator licenses for Kristi Kelly and Mariah Snow, seconded by J. Cuccia. Motion passed, all in favor.

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 reminded the board that there will be a September Primary on September 14^th.

BILLS: Checks numbered 022767 – 022835 and the Elan bill were presented in the amount of $289,477.72. S. Provos explained that a payroll check should also be approved for Supervisor G. WahrenBrock. J. Cuccia moved to approve checks #022767 – 022835 including the bill to Elan of $75.08 and including the a check to Supervisor Gloria WahrenBrock for a total of $289,477.72, seconded by B. Schwab. Motion passed, all in favor.

CORRESPONDENCE –

There will be a Boundary Agreement meeting for all Town Board members with the City of River Falls on September 14^th.

COMMITTEE REPORTS –

River Falls Rural Fire Association is still in negotiation discussions with the City of River Falls. G. WahrenBrock will keep the board updated.

J. Cuccia is in the process of completing the fall newsletter.

B. Schwab is hoping to attend a Tennant Resource Center seminar in Stevens Point in November.

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

The meeting adjourned at 10:00 p.m.

These minutes were taken at a meeting

of the Troy Town Board held on the

9th day of September 2010.

________________________

Sharon Provos, Clerk/Treasurer