Leair called the meeting to order at
Minutes to be
approved –
Monthly report
from Wales-Genesee Joint Fire Board –
Schmidt was unable to make tonight’s meeting.
Discussion/action – Pay request #14 for Ray Stadler Construction Co.
The Joint Board has recommended payment of this pay request. Carlson made motion to approve pay request #14 for Ray Stadler in the amount of $6,345.00; Morris seconded, motion carried unanimously. There will be a balance to finish including the retainage in the amount of $2,500.00.
Monthly report
from Wales- Genesee Fire Chief Greg Jezak
A. Update on house
numbers grant
Jezak told the Board he has received some information regarding signs, with funding from the homeland securities grant, he will continue to pursue the possible grants, and also has some feelers out to some insurance companies.
The Department has had as of tonight 331 calls, which is running about 23 days ahead of last year. Jezak went over the monthly report totals.
There will be a
Discussion/Action
on final conditions of approval on the request of Tribute Design Systems, LLC,
for a Conditional Use Permit/Site Plan and Plan of Operation to allow a Columbarium
Garden, including three (3) columbarium units, a central planting feature and
sidewalks on property owned by
The Plan Commission did recommend approve subject to the
conditions of the Town Planner. It was
questioned why the Town Board was acting on this request. Herrmann said that by law, chapter 157 of the
state statutes, the Town Board has to approve cemetery’s. Reid made motion to approve the request of
Tribute Design Systems, LLC for three (3) columbarium units, plantings and
sidewalks on the
Memorandum
To: Town of
From: Jeffrey C. Herrmann
Date:
Re:
On September 25, 2006, the Town of Genesee Plan
Commission held a joint public hearing with a staff member of the Waukesha
County Department of Parks and Land Use Staff to consider the Conditional Use
request of St. Paul Catholic Church, S38 W31602 C.T.H. D, Genesee Depot,
Wisconsin to amend their existing Conditional Use Permit to allow the construction
of a columbarium garden, including three (3) columbarium units, a central
planting feature and sidewalks.
The property is located in the SW ¼ of Section 16, in
the Town of
The Town Planner recommends that the Town of
1.
Subject to all conditions previously imposed by the
Town of
2. The Columbarium garden shall comply with the proposed concept layout as submitted with the application for Conditional Use and attached hereto as Exhibit’s B and C.
3.
Subject to no more than one (1) 6’ x 32’ columbarium
built into the site as a retaining wall with a total of 192 niches. Two (2) other phases may be constructed
provided each additional phase complies with the proposed conceptual layout
submitted at the public hearing and attached hereto as Exhibit’s B and C. Each additional columbarium shall not exceed
6’ x 10’ (double-sided) and shall contain no more than 120 niches. Any modifications to the size and/or location
of a columbarium shall be reviewed and approved by the Town of
4. The proposed columbarium garden shall comply with all applicable Wisconsin State Statutes, including but not limited to, Chapter 157 Wis. Statutes.
5.
The Town of
6. If this area is to be lighted, a detailed lighting plan shall be reviewed and approved by the Town Engineer, prior the issuance of a Conditional Use Permit.
7.
Subject to all laws, ordinances, regulations and rules
of the State, County, Town and
8.
The applicant
shall allow the premises to be available for inspection by the Town of
9. All activities on the subject property herein may not in anyway become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor.
10.
The Town reserves the right to review any
condition imposed as part of this Conditional Use if said use becomes a problem
in the area. The Town Plan Commission
may modify, change, delete, add, etc. any conditions, which they feel may be
reasonable in order to allow this use and ensure it does not become detrimental
to the surrounding area without the necessity of having a public hearing. Any major change, as determined by the Town
Plan Commission and
11. Petitioner shall, on demand, reimburse the Town of Genesee for all costs and expenses of any type that the Town incurs in connection with this conditional use permit, including the cost of professional services incurred by the Town of Genesee (including engineering, legal, planning and other consulting fees) and for the review and preparation of the conditional use permit or attendance at meetings or related professional services for this application, as well as for any actions that the Town of Genesee is required to take to enforce the conditions in this conditional use permit due to a violation of these conditions. All fees due and owing at the time shall be paid prior to the issuance of the conditional use permit, and such fees coming due following the issuance of the conditional use permit shall be paid within thirty (30) days of billing.
Discussion/Action-CSM-Scott
Stollenwerk,
The Plan Commission recommended approval of this CSM subject to conditions of the Planner.
This CSM has two lots, lot 1 is 3.4 acres, lot 2 has 4.78,
there are currently 3 existing building, 1 shed will be removed on lot 2. Discussion of the
conditions of approval by the Planner.
Reid made to approve the CSM for Scott Stollenwerk subject to the
conditions dated
Discussion/Action-CSM-Tom
The Plan Commission recommended approval of this CSM. Schmittinger made motion to approve the CSM for Tom Williams subject to the conditions of the Planner, Carlson seconded, motion carried unanimously.
CERTIFIED SURVEY MAP
PROJECT NAME: Williams
CSM
DATE:
OWNER: Tom Williams
W292
TAX KEY NO.: GNT
1546.001
GNT 1546.002
GNT 1546.043
LOCATION: Being a part of the SE ¼ of the NW ¼ of
Section 27, Town of
ZONING CLASSIFICATION: B-2
Local Business District.
REQUESTED USES: A combination of three (3) parcels into a one (1) lot Certified Survey Map (CSM).
COMPLIANCE WITH THE
The recommended Land Use
Plan for the Town of
STAFF ANALYSIS:
In August and September
2005, the Town of
On
location and number of accesses onto S.T.H. 83. Mr. Williams and the Town Planner met with
the DOT and all indications are that at least one (1) access onto S.T.H. 83
will be allowed.
On
In performing a detailed
review of the CSM dated revised
Section 2.06 (E) The existing septic system should be checked. If a new septic system is warranted, soil tests will need to be performed. If a holding tank is required in the future, a holding tank agreement shall be reviewed and approved by the Town Board prior to the issuance of a building permit.
Section 5.02 (E) All utility and/or drainage easements shall be shown on the final CSM.
Section 5.02 (I) The square footage of lot shall be shown on the CSM as well as the exact acreage of the lot to the nearest 1/100th acre, such indicator to be located within the boundary of the lot.
Section 6.06 Duplicate CSM to be Filed; An identical reproducible copy (on stable drafting film at least 4 mils thick) along with the recording data shall be placed on file with the Town Clerk.
Section 7.02 (A) A planting strip at least 30 feet in depth shall be provided adjacent to S.T.H. 83. This strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees and shrubs, the building of structures hereon is prohibited.”
PLANNER’S RECOMMENDATION:
Based on the above information, the Town Planner recommends that the Town Plan Commission recommend to the Town Board to approve the CSM subject to the aforementioned conditions being satisfied prior to Town signing the final CSM and subject to the following:
1. All conditions imposed by the Town of Genesee and Waukesha County regarding the zoning amendment request shall be adhered to and if applicable, complied with prior to the Town signing the final CSM.
2.
A note shall be placed on the face of the final CSM
stating, “No lot or outlot shall be further divided absent the express written
approval of the Town Board of the Town of
absent the
express written approval of the Town Board of the Town of
3. The existing zoning on and adjacent to the proposed CSM shall be shown on the CSM.
Williams CSM Page
3
4. Any future development of the property shall require the submittal of a Site Plan/Plan of Operation to the Town Plan Commission for review and action, prior to the operation of a business.
5. Any and all waivers reviewed and approved by the Town Plan Commission and Town Board shall be noted on the final CSM. The Town Planner shall approve the language of the note.
6. All existing and proposed easements shall be shown.
7. Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.
8. Professional fees. Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions.
9. Payment of Charges. Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to
Section
66.0627, Wisconsin Statutes. Such unpaid
bills also constitute a breach of the
Town,
including possible cause for termination of the conditional approval.
This submittal is a C.S.M., which
gives the Town Plan Commission 45 days and the Town Board 60 days to take
action. The Town received the CSM on
Discussion/Action-Request
of Tom Williams for a waiver from Section 7.02 (A) of at least
the Town of
30 feet in depth
adjacent to the highway-
Discussion, the Plan Commission can recommend plantings. Schmittinger made motion to approve,
Reid seconded, motion carried unanimously.
Discussion/Action-request
of Tom Williams for a waiver from Section 7.06 (A) lot size and area
(40,000 sq. ft.
and 150’ width).
Schmittinger made motion to approve the waiver from section 7.06(A), Carlson seconded, motion carried unanimously.
Discussion/Action-CSM-Paul
Fleckenstein,
The Plan Commission did recommend approval of this CSM subject to the conditions of the town Planner. The CSM is combining lots 6 and 7 in Granada Hills subdivision, the house on lot 6 was removed and a tennis court was built there, the new lot will have a total of 14.5 total acres. Reid made motion to approve, Carlson seconded, motion carried unanimously.
CERTIFIED SURVEY MAP
PROJECT NAME: Fleckenstein
CSM
DATE:
OWNER: Paul Fleckenstein
S50
TAX KEY NO.: GNT
1545.006.001
GNT 1545.007.002
LOCATION: Being a part of the NE ¼ of Section 27, Town
of
ZONING
CLASSIFICATION: A-2 Rural
Home District.
REQUESTED USES: A combination of two (2) parcels into a one (1) lot Certified Survey Map (CSM).
COMPLIANCE WITH THE
The recommended Land Use
Plan for the Town of
STAFF ANALYSIS:
Over the past several
months, the petitioner (Paul Fleckenstein) has been trying to construct a third
accessory building on his property.
However, he removed an existing residence from
one (1) of the two (2)
parcels that he owns. Therefore, in
order to construct the third accessory building, he is required to combine the existing
parcels into one (1) lot.
On
In performing a detailed
review of the CSM dated
Section 4.01 The map scale shall be not more than 100 feet to the inch.
Section 4.01 (B) The legal description should be changed so that “all of Lot 6 and part of Lot 7, Granada Hills”, is stated before the quarter section, section, Township, Range, County and State.
Section 5.02 (E) All utility and/or drainage easements shall be shown on the final CSM.
Section 6.06 Duplicate CSM to be Filed; An identical reproducible copy (on stable drafting film at least 4 mils thick) along with the recording data shall be placed on file with the Town Clerk.
PLANNER’S RECOMMENDATION:
Based on the above information, the Town Planner recommends that the Town Plan Commission recommend to the Town Board to approve the CSM subject to the aforementioned conditions being satisfied prior to Town signing the final CSM and subject to the following:
10.
According to the
11. A portion of the property is located within the Waukesha County Shoreland and Floodland Protection jurisdiction. The boundary of the Shoreland jurisdictional boundary shall be shown on the face of the CSM.
12.
Since a portion of the property is located within the
Waukesha County Shoreland jurisdictional limits,
13. All existing buildings shall be clearly identified on the CSM. It appears that a small building/structure is located next to the tennis courts. This building/structure shall be shown on the CSM.
14.
A note shall be placed on the face of the final CSM
stating, “No lot or outlot shall be further divided absent the express written
approval of the Town Board of the Town of
15. There shall be no commercial or business use on the lot, except as specifically permitted pursuant to the applicable Zoning Code.
16.
17. According to Town of Genesee Ordinance No. 97-8, in all districts no more than one (1) driveway entrance and approach shall be constructed for any lot or premises except when additional road accesses are approved by the Town Board after being deemed by the Town of Genesee Road Superintendent and the Town of Genesee Engineer to be necessary and feasible without impairment of safety, convenience and utility of the Street. The petitioner currently has two driveway entrances because he had two residences served by separate driveways. The petitioner will need to seek a waiver from the Town Board if he intends to keep two (2) driveways.
18. Any and all waivers reviewed and approved by the Town Plan Commission and Town Board shall be noted on the final CSM. The Town Planner shall approve the language of the note.
19. All existing and proposed easements shall be shown.
20. Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.
21. Professional fees. Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions.
22. Payment of Charges. Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to
Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval.
This submittal is a C.S.M., which
gives the Town Plan Commission 45 days and the Town Board 60 days to take
action. The Town received the CSM on
Discussion/Action-Request
for waiver from Section 4.01 to show scale on CSM less than the
required 1”=100’-
Schmittinger made motion to approve the waiver, Carlson seconded, motion carried unanimously.
Discussion/action –
Request to change name of road from
Ellen Kleineider
This request was withdrawn.
Discussion/action –
Request to amend Declaration of Covenants and Restrictions – Bonnie
Schaefer, Neumann
Developments Inc.
Schaefer went over the requested amendments to the Declaration of Restrictions and Covenants that will now require natural materials on the front elevations, either wood shakes or dimensional shingles for the roofing material, increasing the minimum home square footage requirement , to allow one detached accessory structure and to correct a fee listed in the original document. Schaefer said the changes were to improve the size of the homes and the quality. Morris made motion to approve, Carlson seconded, motion carried unanimously.
Discussion/action
– Resolution 06-13R Acceptance of Roads in Red Fox Run Subdivision
Schmittinger made motion to approve Resolution 06-13R Accepting the Roads in Red Fox Run Subdivision, Carlson seconded, motion carried unanimously.
TOWN OF
RESOLUTION 06-13R
ACCEPTANCE OF THE ROAD
IN RED FOX RUN SUBDIVISION
The Genesee Town Board on _November 13, 2006_, conditionally accepted the
road in the Red Fox Run Subdivision, with a one year guarantee on the road, as per
the developers agreement.
The accepted road is:
Approved this __13th____ day of ___November__________, 2006
__Sharon L. Leair_
Sharon L. Leair, Town Chairman
ATTEST:
___Barbara A. Whitmore___
Barbara A. Whitmore, Town Clerk
Discussion/action
– Ordinance 06-13 Creating a 25 MPH Speed Limit on
Schmittinger made motion to approve Ordinance 06-13, creating
a 25 MPH Speed Limit on
STATE OF
ORDINANCE 06-13
AN ORDINANCE
CREATING A 25 M.P.H. SPEED
IN RED FOX RUN
SUBDIVISON
The Town Board of
the Town of
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:
of the cul-de-sac
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.
This Ordinance passed this __13th__day of _November______ 2006.
___Sharon L. Leair___
Sharon L. Leair, Town Chairman
ATTEST:
___Barbara A. Whitmore__
Barbara A. Whitmore, Town Clerk
Discussion/action – Request to lower Letter of Credit – BB McGee, LLC
A letter was received from Town Engineer
Discussion/action
– Request to carry over 32hours of vacation time to 2007 –
Herrmann asked the Board to carry over 32 hours of vacation hours from 2006 to 2007, this is a one time request, and there will be no change to the contract. His contract does state the carry over of hours does have to be approved by both the Oconomowoc and Genesee Board. Reid made motion to allow Herrmann to carry over the 32 hours of vacation hours from 2006 to 2007, Carlson seconded, motion carried unanimously.
Discussion/action –
Ordinance 06-10 to Prohibit Unnecessary Motor Vehicle Noise within Town
Limits – Penalty Section
Discussion of the penalty. Reid made motion to set the penalty at $100.00 plus court costs for unnecessary motor vehicle noise within the Town limits, Carlson seconded, motion carried unanimously.
Discussion/action
– Operator Permit Applications
Carlson made motion to approve the new application for Daniel Huber at Genesee Market, Schmittinger seconded, motion carried unanimously.
Discussion/action
– Bid adjustment for
Discussion of the pay request from Payne & Dolan for $1,300.00 more than the bid amount. Schmittinger made motion to table this until we have more information, Morris seconded, motion carried unanimously.
Discussion of
Clerk’s use of Notary Seal
Whitmore told the Board she has been asked to count ballots for members of a dog club, the club needs someone to notarize the election results, they will pay her for doing this job, and the election has around 1,000 ballots. She wanted to be sure the Board had no problem with her doing this and using the notary seal that the town purchases for her to use as a convenience for town residents. The Board agreed this would be fine as long as it is not done on town time.
Reports
Roads – Gordy Carlson
Carlson reported the signs and striping on highway 83 in
front of the office has been completed.
The signs for
Chairman – Sharon Leair
Leair attended the Waukesha County Cooperative Council
Meeting on
Clerk – Barb Whitmore
Whitmore reported the final 2006 population is 7,535.
The Town received a check form Horton Group for no worker’s compensation expenses for $237.00.
A copy of the Notice of Motion and Motion to Dismiss was received from our attorney’s regarding the Vidmar case.
Treasurer –
McCormick said she felt she would be doing a charge back on the delinquent bill for On Trac, she had been told they are out of business, she will do some more investigating and then decide what she will do.
Discussion/action
– Bills to be paid
Schmittinger made motion to approve the bills as presented, Carlson seconded, motion carried unanimously.
Correspondence
Board members were copied with the correspondence.
Herrmann asked the Board members to review the
Intergovernmental Agreement between the Town of
Schmittinger made motion to adjourn, Carlson seconded,
motion carried unanimously. Meeting adjourned at
Respectfully submitted,
Barbara A. Whitmore, WCMC
Town Clerk