REGULAR TOWN BOARD MEETING

OCTOBER 9, 2006

 

Leair called the meeting to order at 7:05 p.m. Present were Supervisors Carlson, Reid, Morris and Schmittinger. Also present was Planner/Administrator Herrmann and Clerk Whitmore.

 

Discussion/action – Minutes to be approved – Regular Town Board Meeting of Sept. 11, 2006;  Special Town Board Meetings of Sept. 14, 2006; Sept. 21, 2006; Sept. 28, 2006

Regular Town Board of 9-11-06 - Carlson made motion to approve, Reid seconded, motion carried unanimously.  Special Town Board Meeting of 9-14-06 – Carlson made motion to approve, Schmittinger seconded, motion carried unanimously.  Special Town Board Meeting of 9-21-06 – Carlson made motion to approve, Morris seconded, motion carried unanimously.  Special Town Board Meeting of 9-28-06 – Carlson made motion to approve, Morris seconded, motion carried with Schmittinger and Reid abstaining.

 

Monthly Report from Wales-Genesee Fire Board – Tim Schmidt

Schmidt was not present.

 

Discussion/action – Request for a 4-Way stop, Townline Road & Pheasant Run – Sue Winslow

Leair stated she talked to Sheriff Trawicki and has reports from several deputies that sat there to do a study and also issued several tickets.  Deputy Powell was present and said he was there for a time and counted 118 cars during that time, one was clocked at 52 mph, and most were traveling between 36 and 37.  A report is on file from the other deputies.

 

Leair read the letter received from the Sheriff and Town of Waukesha Constable.

 

Reid suggested possibly placing “dangerous intersection ahead” signs on both sides of the road. Leair said the Sheriff said the stop signs could cause more problems, discussion.  Deputy Powell agreed the stop signs may cause more problems because of the hills and people not being able to stop.

 

Buck Houston stated he has lived in the area for 15 + years and has not had any problems at that intersection, he felt it was better also since the brush was cut, he felt the 4 way stop would be a nightmare.

 

Leair will contact Rich Bolte, Waukesha County Highway’s to find out where to place and what kind of signs he would recommend, and Carlson will check the intersection for grass /weed cutting on a regular basis.

 

Discussion/action -  Resolution 06-9R request to amend the District Zoning Map of the Waukesha  County Zoning Code from R-1 Residential District to the R-3 Residential District -Paul & Amy Dabey, S30 W29838 Sunset Drive, Waukesha, WI 53188

Herrmann explained to the Board this is an existing duplex on Sunset Drive, they would like to divide the parcel into 2 lots both 150” wide, they applied for a variance through the county and it was approved. If this is approved they will be applying for a certified survey map to split the property.

 

 

 

 

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 2

 

Zoning Map of the Waukesha County Zoning Code from R-1, Residential district to R-3, Residential District subject to the modification in the conditions, Carlson seconded, motion carried unanimously.

 

RESOLUTION 06-9R

TOWN BOARD OF THE TOWN OF GENESEE

A Municipal Corporation

 

            WHEREAS, a rezoning request was filed by Paul and Amy Dabey to amend the District Zoning Map of the Waukesha County Zoning Code for the Town of Genesee from R-1 Residential District to R-3 Residential District, on the property described as follows:

            Part of the SW Ό of Section 11, T6N, R18E, Town of Genesee, located at the

            S30 W29838 Sunset Dr., Waukesha, WI 53188. More specifically, the property

            is located on the north side of Sunset Dr. (C.T.H. “DE”) between Boettcher Rd.

            and Ridgewood Dr.

 

and,

            WHEREAS, A Joint Public Hearing was held by the Town of Genesee Plan

Commission and a staff representative of the Waukesha County Department of Parks and Land Use on May 22, 2006 at 7:00 p.m. at the Genesee Town Hall located at S43 W31391 Highway 83, Genesee Depot, Wisconsin to consider said request; and

            WHEREAS, the Town of Genesee Plan Commission held a public meeting to discuss said request, after discussion in regards to said request, by motion, properly made and seconded, the Town of Genesee Plan Commission voted to recommend to the Genesee Town Board an approval of the request.

            WHEREAS, the Genesee Town Board held a public meeting on Monday,

October 9, 2006 to discuss said request.  BASED UPON THE SAME:

            IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE TOWN OF GENESEE, it being the town affected by said proposed amendment,

 

 

 

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 3

 

              THAT, the request for the petitioner be approved based upon the following,

 

1.      No more than two (2) lots shall be created.

2.      A Certified Survey Map shall be required for any land divisions.

3.      All conditions imposed by the Waukesha County Board of Adjustment

      shall be adhered to.

4.      All lots shall comply with the Town of Genesee Land Division and Development Ordinance unless waived by the Town Plan Commission and Town Board.

5.      Soil tests need to be conducted indicating that soil is suitable for a sewage disposal system

 

AND FURTHER BE IT RESOLVED;

 

            BY THE TOWN BOARD OF THE TOWN OF GENESEE, that the Town of

 

Genesee does hereby give notice to the County Zoning Agency that it approved the

 

proposed rezoning amendment of Paul and Amy Dabey.

 

            Dated this __9th___ day of ______October_______, 2006.

                                                                  TOWN OF GENESEE

 

                                                                  ___Sharon L. Leair_______

                                                                  Sharon L. Leair, Town Chairman

ATTEST:

 

___Barbara A. Whitmore___

Barbara A. Whitmore, Town Clerk

 

Discussion/action – Request for reduction in Letter of Credit – Harmony Homes, Kettlefields

Discussion.  Schmittinger made motion to approve the request to reduce the Letter of Credit for Kettlefields Subdivision by reducing it by $21,316.00 to a new amount of $86,684.00; Carlson seconded, motion carried unanimously.

 

Monthly Report from Wales-Genesee Fire Chief Greg Jezak

The Chief reported there were 25 calls in the month of September; they are running about a week ahead of calls for last year. The new tanker went into service on October 2nd. The North Prairie tanker was returned to and inspected by their Chief; Jezak will be sending a thank you shortly. The department is very busy right now with Fire Prevention month; all of the Wales Elementary classes will be coming to the station this year.  

 

Update on house numbers grant

Jezak said he is working on possible grants for the house numbers.

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 4

 

Update on NIMS Training

Jezak is working holding the classes at the fire station.

 

 

Discussion/action -  Holding Tank request of Brad Winquist for Commercial Condominiums on Little John Drive

This item was pulled from the agenda.

 

Discussion/action – Ordinance 06-12 Solid Fuel Fired Heating Devices

Discussion of information brought in from Central Boiler web site regarding questions and facts. Section D, 1 c should be changed from 500 feet to 200 feet, and chimneys should be at least 2 feet above neighboring roof lines.  Discussion of products that should not be burned.  Schmittinger also suggested that a spark arrestor requirement be added.  It was agreed the minimum charge for the permit should be $35.00.  Schmittinger made motion to approved Ordinance 06-12 subject to the changes discussed this evening, Morris seconded, motion carried unanimously.

 

Discussion/action – Stormwater Maintenance Agreement - Crown Development -Executive Dr.

Discussion, this document is a requirement of the county and will need to be recorded properly with the Register of Deeds. 

 

Morris made motion to approve the Stormwater Maintenance Agreement for Crown Development, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Resolution 06-8R Acceptance of a portion of Harvest View Dr. –

John and Karen Smart CSM

A letter was received from Town Engineer Bob Gassert that he has inspected the final lift and recommends acceptance of the road.

 

Schmittinger made motion to approve Resolution 06-8R, accepting a portion of Harvest View Drive, Carlson seconded, motion carried unanimously.

 

TOWN OF GENESEE

               RESOLUTION 06-8R      

ACCEPTANCE OF ROAD

 IN THE CERTIFIED SURVEY MAP # 10,126

SMART DEVELOPMENT

 

   The Genesee Town Board on _October 9, 2006__, conditionally accepted the

 

   road in the Conservancy at Genesee Subdivision, with a one year  guarantee on the

 

   road, as per the developers agreement. 

 

   The accepted road is:

 

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 5

                                             

HARVEST VIEW DRIVE

 

    Approved this _9th_  day of __October_____ 2006   

 

                    __Sharon L. Leair____

                                                        Sharon L. Leair, Town Chairman

ATTEST:

 

__Barbara A. Whitmore__

Barbara A. Whitmore, Town Clerk

 

Discussion/action – Ordinance 06-11 Speed Limit for a portion of Harvest View Dr.

Schmittinger made motion to approve Ordinance 06-11, setting the speed limit for a portion of Harvest View Dr.  Carlson seconded, motion carried unanimously.

 

STATE OF WISCONSIN     TOWN OF GENESEE     WAUKESHA COUNTY

ORDINANCE 06-11

AN ORDINANCE CREATING A 25 M.P.H. SPEED ZONE REGULATION

ON ROAD ON HARVEST VIEW DRIVE

CERTIFIED SURVEY MAP # 10,126 SMART DEVELOPMENT

     The Town Board of the Town of Genesee, Waukesha County, State of Wisconsin, DO

ORDAIN AS FOLLOWS:

 

     SECTION 1:

     An ordinance entitled TRAFFIC CODE for the Town of Genesee, subsection 1.02 entitled Speed Limits, Subsection 2 entitled Twenty Five Miles per Hour Speed Zones, is hereby amended b the addition of the following language:

 

                     HARVEST VIEW DRIVE – South from Harvest View Drive in the

                     Conservancy at Genesee to the border of Harvest Canyon Subdivision

 

     SECTION 2: SEVERABILITY.

      The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the Ordinance. The remainder of the Ordinance shall remain in full force and effect. Any other Ordinances whose terms are in conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. 

   

     SECTION 3: EFFECTIVE DATE.

     This Ordinance shall take effect immediately upon passage and posting or publication   as provided by law.

 

 

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 6

 

    This Ordinance passed this __9th__day of _October _ 2006.

 

                                                                     ___Sharon L. Leair__

                                                                     Sharon L. Leair, Town Chairman

ATTEST:

__Barbara A. Whitmore__

Barbara A. Whitmore, Town Clerk

 

Discussion/action – Ordinance 06-10 To Prohibit Unnecessary Motor Vehicle Noise within Town Limits of the Town of Genesee, Penalty Section

Discussion, Schmittinger made motion to table this item, Carlson seconded, motion carried unanimously.

 

Discussion/action- Set administrative fee for special exemption from cul-de-sac length requests

Discussion, Schmittinger made motion to set the administrative fee at $75.00, Morris seconded, motion carried unanimously.

 

Discussion/action – Operator Permits

There were no applications this month.

 

Reports –

Roads – Gordy Carlson

A. Contract update – Patching of town roads

Carlson reported there was quite a bit of shouldering work to be done because of the rain.

 

Herrmann reported he sent the snow plowing contract to Butterfield for review.

 

Chairman – Sharon Leair

Leair reminded the Board of the 8:30 am meeting tomorrow at the county regarding the Generac rezoning request.

 

There will be another seminar here on October 31st, let Barb know if you will be attending.

 

Clerk – Barb Whitmore

A. Update on up-coming dates

Whitmore reminded the Board that there will be voter registration and absentee voting at the town hall on October 11 and 14; the joint meeting with Wales and the Joint Fire Board will be here on Thursday evening at 7 pm; the flu shots will be given here on the 24th from 10 to 2; Trick or Treat hours are the 29th from 4 to 7.  The Vidmar pre-trail conference has been rescheduled to November 13th at 10:30 am

 

Treasurer – Carol McCormick

McCormick reported she called several of the people on the delinquent personal property tax bill list and two of them have come in and paid their tax.

 

REGULAR TOWN BOARD MEETING                OCTOBER 9, 2006                PAGE 7

 

Discussion/action – Bills to be presented

Whitmore stated she received an invoice from Butterfield for road work after the checks were written, discussion.  Schmittinger made motion to approve the check and pay the Butterfield invoice subject to Carlson approving the invoice, Morris seconded, motion carried unanimously.

 

Correspondence

Board members were copied with the correspondence.

 

Schmittinger made motion to adjourn, Carlson seconded, motion carried unanimously.  Meeting adjourned at 8:25 p.m.

 

Respectfully submitted,

 

 

 

Barbara A. Whitmore, CMC

Town Clerk

.