REGULAR TOWN BOARD MEETING

FEBRUARY 12, 2007

 

Reid called the meeting to order at 7:00 p.m. Present were Supervisors Carlson, Schmittinger and Morris. Chairman Leair was absent; also present were Administrator/Planner Herrmann and Clerk Whitmore.

 

Minutes to be approved – Regular Town Board Meeting of 1-8-07 – Carlson made motion to approve, Morris seconded, motion carried unanimously.  Special Town Board Meeting of 1-26-07 – Morris made motion to approve, Schmittinger seconded, motion carried with Carlson abstaining.

 

Monthly report from Wales-Genesee Fire Department – Tim Schmidt

Mr. Schmidt was unable to make tonight’s meeting.

 

Monthly report from Wales-Genesee Fire Chief Greg Jezak

Homeland Security Grant received for $111,773.00

Chief Jezak was not present, he had dropped off the monthly report earlier and all Board members were copied.  The report showed a total of 34 calls in the month of January; 4 more than in January 2006.

 

The fire department received a grant in January that Chief Jezak had applied for, the amount of the grant is $111,773.00.

 

Update on house numbers grant – Chief Greg Jezak

Jezak was not present to discuss the grant.

Discussion/action – Preliminary plat, Fields Crossing – Countrywide Development – Hwy 83

Herrmann went over the work done on this plat; the access will be re-worked by the state when they begin the work on STH 83 and its intersection with CTH “X” (Saylesville Road).  The Plan Commission did recommend approval on January 22nd subject to the conditions of the Planner and evidence be submitted to the Town Planner by February 9, 2007, that there is a suitable septic site on lot 8.

 

The Town has received a letter, dated February 7, 2007 from the County’s Environmental Health division that a suitable site has been found on lot 8 for the sewage system.

 

Schmittinger made motion to approve the preliminary plat for Fields Crossing subject to the conditions of the Town Planner, Carlson seconded, motion carried unanimously.

 

Memorandum                                                        Town of Genesee Plan Commission

From:             Jeffrey C. Herrmann, Town Administrator/Planner

Date:              01/15/07

Re:                  Field’s Crossing – Preliminary Plat – Revised November 14, 2006

Over the past year, the Town of Genesee Plan Commission has reviewed different concept plans for a proposed development on property owned by Countrywest Development, LLC, 10425 W. North Avenue #100, Wauwatosa, Wisconsin.  The property is located in the SE ¼, NW ¼ and SW ¼ of Section 34, in the Town of Genesee.  More specifically, the property is located on the west side of S.T.H. 83, north and adjacent to the Johns/Joyce farm and contains approximately 114 acres.  The petitioners are seeking approval of a preliminary plat for “Field’s Crossing”, which is a seventeen (17) lot subdivision with seven (7) outlots.  New public road improvements are proposed, which will result in one (1) permanent cul-de-sac and two (2) temporary cul-de-sacs.  On May 22, 2006, the Town of Genesee Plan Commission approved a Special Exception from the cul-de-sac length for the proposed development.  On June 12, 2006, the Town of Genesee Town Board also approved a Special Exception from the cul-de-sac length.  The lots will range in size from 3.00 acres to 3.02 acres and will be served by private on-site sewage systems and private wells.  The petitioner’s have met with the Wisconsin Department of Transportation regarding the access onto S.T.H. 83.  The property is bisected by a navigable stream (Spring Brook) and contains wetlands, primary environmental corridor and slopes in excess of 20%.   Soils tests locations are included on the face of the plat, and the soil test data was submitted with the preliminary plat.  Based on the soil data, it is evident that the site contains a moderate seasonal high ground water level.  Many of the sites will contain mound-type septic systems.  Therefore, the home sites may require additional fill in order to construct homes with basements.  The developer will need to submit a final grading and drainage plan along with a stormwater management report.  The Waukesha County Land Resources division has reviewed a preliminary grading and erosion control plan, a preliminary stormwater management plan and a geotechnical engineering and stormwater infiltration feasibility study.   

This submittal is a preliminary plat, which gives the Town Plan Commission 75 days and the Town Board 90 days to take action.  The preliminary plat was filed with Waukesha County on November 29, 2006, and the Town received the preliminary plat on December 4, 2006, giving the Town Plan Commission until February 12, 2007 and the Town Board until February 27, 2007, to take action, unless the Developer grants an extension in writing. 

 

The Town Planner recommends that the Town of Genesee Plan Commission make a motion to recommend to the Genesee Town Board to approve the preliminary plat for “Field’s Crossing” dated revised November 14, 2006, subject to the following conditions:

1.         The developer shall satisfy all comments, conditions and concerns of the Town  Planner, Town Engineer and all reviewing, objecting and approving bodies, including but not limited to the State of Wisconsin Department of Commerce per ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code; State of Wisconsin Department of Administration per ch. 236, Wisconsin Statutes; the Waukesha County Department of Parks and Land Use and the Village of North Prairie in regard to the preliminary plat, prior to commencing construction of

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007                      PAGE 3

 

      any improvement, whether public or private, or site development or approval of the final plat,

      whichever is earlier.

 

2.         The developer shall submit to the Town Clerk and receive approval as to form from the Town Attorney and as to amount from the Town Engineer, a letter of credit or cash and subject to the Developer submitting to and receiving from the Town Attorney, Town Planner and the Town Engineer, approval of a Developer’s Agreement for the improvements (including all public, private and site development improvements), prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.

 

3.         The Developer shall submit to and receive from the Town Planner, Town Attorney and the Town Engineer, approval of the final draft of the deed restrictions, prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.

 

4.         Subject to the Developer applying for and receiving from the Plan Commission for the Town of Genesee, the Town Board for the Town of Genesee, and Waukesha County all necessary variances or waivers (if any) to the Waukesha County Zoning Code, the Waukesha County Shoreland and Floodland Protection Ordinance, and the Town of Genesee Land Division and Development Ordinance, prior to commencing construction of any improvement, whether public or private, or site development or approval of the plat, whichever is earlier.

 

5.         Subject to Waukesha County Department of Parks and Land Use, Land Resources Division, approving a final Stormwater Management and Erosion Control Plan prior to the Town approving a final plat.  A detailed overall grading, drainage and stormwater plan shall be reviewed and approved by Waukesha County, Town of Genesee and the DNR (if appropriate), prior to the Town acting on the final plat.

 

6.         An overall “Master Grading Plan”, including grading, drainage and stormwater management plan for the entire development is necessary to insure any proposed grading work does not result in future adverse drainage problems.  Proposed building pads shall also be included on the “Master Grading Plan”.  The proposed “Master Grading Plan” shall be reviewed and approved by Waukesha County Department of Parks and Land Use, Land Resources Division and the Town Engineer, prior to the Town signing the final plat.  The developer should take into consideration proposed septic sites and future home sites.  A copy of the final “Master Grading Plan” shall be kept on file with the Town Clerk.  The Master Grading Plan shall be labeled as such.  Any deviations from the Master grading plan shall be reviewed and approved by the Town Engineer and Waukesha County (if applicable).

 

7.         The Primary Environmental Corridor shall be field identified and surveyed. A report detailing the location of the Primary Environmental Corridor shall be submitted to Southeastern Wisconsin Regional Planning Commission (SEWRPC) for concurrence.  Documentation shall be

 

           REGULAR TOWN BOARD MEETING               FEBRUARY 12, 2007          PAGE 4

 

           submitted to the Town Planner that SEWRPC concurs with the Primary Environmental

           Corridor delineation prior to approval of the final plat.

 

8.         A seventy-five (75) foot floodplain and wetland setback shall be shown on the final plat.

 

9.         The final plat shall be reviewed and approved by the Department of Administration prior to the Town signing the final plat.

 

10.     Any and all waivers reviewed and approved by the Town Plan Commission shall be noted on the final plat.  The language of all notes shall be reviewed and approved by the Town Planner.

 

11.     Any conditions imposed by the Town Engineer shall be complied with prior to the Town signing the final plat.

 

12.     Documentation shall be provided to the Town Planner that the Wisconsin Department of Transportation has approved the access location onto S.T.H. 83.

 

13.     The note near Outlot 5 indicates that part of Outlot 5 and 6 is a street reservation for future street to be dedicated to the Town for public road purposes at the time WDOT relocates connection to S.T.H. 83.  Outlots 6 and 7 should be dedicated to WDOT for future road purposes and that portion of Outlot 5 needed for future Road Connection to S.T.H. 83 shall be dedicated to the Town of Genesee as part of this plat.  The exact language for dedication shall be reviewed and approved by the Town Planner and Town Attorney.

 

14.     The plat shows at least two (2) trash piles on the property.  The developer shall complete a Phase I Environmental Assessment.  Two (2) copies of the Phase I Environmental Assessment shall be submitted to the Town Planner for review and comment.

 

15.     Easements shall be provided at the end of the temporary cul-de-sacs in a location as determined by the Town Engineer.  Notes shall also be provided on the plat indicating the purpose of the temporary cul-de-sacs.

 

16.     The vision corner easement that bisects Outlot 6 is also located partially on the adjacent neighbor’s property.  Documentation, as approved by the Town Attorney, shall be submitted to the Town Clerk indicating the adjacent property owner has approved said easement.

 

17.     Building envelopes shall be shown on all the lots.  A note shall also be added to the plat indicating that no structures shall be constructed outside a building envelope without the written approval from the Town of Genesee Plan Commission and Waukesha County.  This notation shall also be included in the Covenants and Restrictions.

 

18.     All conditions established by the Town of Genesee Plan Commission and Town Board regarding the Special Exception for the cul-de-sac length shall be complied with prior to the Town of Genesee approving the final plat.

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007          PAGE 5

 

19.     If a stormwater maintenance agreement is required, said agreement shall be reviewed and approved by the Town Board prior to the Town signing the final plat.

 

20.     The preliminary plat identifies hydric soils, but only for three (3) specific hydric soil types.  Since other hydric soil types are located on the property, this information is misleading.  All hydric soils shall be shown on the plat.

 

21.     Subject to the developer satisfying all conditions within one year of the Town Board granting conditional preliminary plat approval.

 

22.     Documentation shall be provided to the Town Planner that the Wisconsin Department of Transportation has approved the access location onto S.T.H. 83.

 

23.     Any and all correspondence from the Wisconsin Department of Natural Resources shall be submitted to the Town Clerk.

 

24.     All lots shall contain adequate private onsite waste disposal systems on the individual lot itself.  No septic systems shall be allowed by easement onto another lot or on the Outlots. 

 

25.     Subject to, prior to the Town signing the final plat, all other required signatures must be inscribed on the final plat.

 

26.     Subject to the Developer submitting to and receiving approval from the Town Plan Commission of the Town of Genesee of a landscaping, signage, street name, and entrance plan prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.

 

27.     Subject to the Developer submitting the plat to the Village of North Prairie Fire Chief for review of the same, including, but not limited to, approval of any and all issues regarding street names, water cisterns, and access for emergency vehicles.  Any issues and/or concerns of the Fire Chief shall be reported to the Town Board for final resolution, prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.

 

28.     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.

 

29.     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; or for real property taxes; or for licenses, permit fees or

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007          PAGE 6

          

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.

 

Discussion/action –Certified Survey Map – Paul & Amy Dabey, S30 W29838 Sunset Dr.

Herrmann told the Board the Dabey’s have been working on this certified survey with the Town and County for some time, they have a 2 acre lot.  Each lot on the csm is 150 feet wide and 40,000 square feet which meets town requirements.  Lot 2 will have the existing duplex and lot 1 will have a single family home.  The Plan Commission did recommend approval subject to the Planner’s conditions and that a signature block is added to the csm for Waukesha County Parks and Land Use signatures.

 

Schmittinger made motion to approve the certified survey map for Paul & Amy Dabey subject to the conditions of the Planner and the signature block being added. Carlson seconded, motion carried unanimously.

 

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.         Subject to the developer satisfying all comments, conditions and concerns of the Town Engineer, the Town Planner and all reviewing, objecting and approving bodies, including but not limited to the State of Wisconsin Department of Commerce per ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code; State of Wisconsin Department of Administration per ch. 236, Wisconsin Statutes; the Waukesha County Department of Public Works; the Waukesha County Department of Parks and Land Use (if applicable) and the Village of Wales (if applicable) in regard to the CSM, 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 Genesee.  No new lots or outlots shall be created absent the express written approval of the Town Board of the Town of Genesee.  No lot line or outlot line shall be adjusted or reconfigured in any way absent the express written approval of the Town Board of the Town of Genesee or unless otherwise expressly authorized by law.”

 

3.         The access onto C.T.H. DE shall be reviewed and approved by the Waukesha County Department of Public Works.

 

4.         The existing garage and sheds shall be removed from the property prior to the Town signing the final CSM or a Developer’s Agreement and Letter of Credit shall be reviewed and approved by the Town Planner, Town Attorney and Town Engineer upon approval by the Town Plan Commission and Town Board that said buildings may be removed after the CSM

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007                      PAGE 7

 

        is signed.

 

5.         The existing zoning on and adjacent to the proposed lots shall be shown on the CSM.

 

6.         On Sheet 1 of 3, the Zip Code for the Dabey’s is stated incorrectly and should be changed from “53181” to “53189”.

 

7.         Notes shall be added to the CSM indicating all variances granted by the Waukesha County Board of Adjustment.  The date of the variance shall also be stated in the note.

 

8.         A note shall be added to the face of the CSM indicating that “There shall be no commercial or business use on the lot, except as specifically permitted pursuant to the applicable Zoning Code”.

 

9.         All conditions of the zoning amendment approval shall be complied with and adhered to.

 

10.     Waukesha County Department of Parks and Land Use, Environmental Health Division shall review and approve that the existing septic system is functioning properly.

 

11.     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.

 

12.     All existing and proposed easements shall be shown.

 

13.     Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.

 

14.     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.

 

15.    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.

 

 

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007                      PAGE 8

 

Discussion/action – Parking problem on Old Village Road

John & Nancy Carbonell of S49 W30673 Old Village Road and Hazel Freson of S50 W30735 Old Village Road were present to discuss the parking of cars and trucks in front of S49 W30681 Old Village Road. There are usually 4 to 6 cars and trucks parked on both sides of the road causing a single lane for cars to drive through, and the snow plows are also having problems.

 

Whitmore said a letter was sent to the property owner on December 28th.  Reid suggested since it has been 6 weeks since the letter was mailed, maybe the town should try to go back to the owner one more time asking him to talk to his renters. If there is no response to the second letter, then the town should look into approving an ordinance and posting no parking signs from highway 83 to Church Street on the south side of the road. 

 

Schmittinger suggested if someone could get the phone number of the property owner, he would call them and see if that would help.  Mrs. Carbonell stated she would try to get the owner phone number and call Barb with the number.  This will be on next months agenda for an update and possible action.

 

Discussion/action –First Amendment to the Ridge at Genesee Stormwater Management Practice Maintenance Agreement

This replaced the original document filed at the county on 7-6-06, the original did not included reduced maps referenced under exhibits A & B and the exhibit titles on page 1 did not match the exhibit titles of the actual exhibits so it was decided to complete this amendment in order to replace the original document in its entirety.  There were no substantial changes made to the original document. Everything listed in the agreement has been taken care of.

 

Carlson made motion to approve the first amendment to the Stormwater Management Practice Maintenance Agreement for the Ridge at Genesee, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Addendum 1 the Ridge at Genesee Stormwater Management Practice Maintenance Agreement

The addendum is to record the design and construction details for the stormwater management practices built as part of the Ridge at Genesee Subdivision as stated in the stormwater management practice maintenance agreement previously recorded.

 

Carlson made motion to approve the addendum for the Ridge at Genesee Stormwater Management Practice Maintenance Agreement, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – 1007 Billing Compensation Schedule for Yaggy Colby Associates

The fee for the municipal engineer will change from $95.00 to $100.00 for developers and the fee for the Town will change from $85.00 to $90.00, a schedule of other charges were attached to the letter received on January 25th, discussion.  Board members agreed they would like to receive notice of these changes prior to the budget being approved; it was agreed the fee changes should be received

by October 1st. 

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007                      PAGE 9

 

Schmittinger made motion to approve the rate increase this year, and to direct the Planner to send a letter that future increases should be received by October 1st for the preceding year’s budget. That

Yaggy Colby should sign and return the letter.  If we don’t receive a letter the rates will remain the same.  Carlson seconded, motion carried unanimously.

 

Discussion/action – Public Facility needs assessment and Impact Fee Sturdy for Park Facilities.

Herrmann stated this will have to be brought back to the Board. The acreage for Sunset Park is incorrect, which makes some of the tables and schedules incorrect.  Herrmann will be sending a letter to Christy Cramer at Ruekert- Mielke to re-figure parts of the study.

 

Discussion/action – Appointment to Joint Fire Board

Reid told the Board that Leair has spoken with Bob Gassert and he has agreed to accept another 3 year term on the Board.  Carlson made motion to appoint Robert Gassert to a 3 year term on the Genesee-Wales Fire Board, Morris seconded, motion carried unanimously.

 

Discussion/action – Application/Notification for 2007/08 Construction Permit – Century Tel

Discussion on the restoration work which Carlson said has been good, and if the town wanted to consider a fee for these permits. 

 

Carlson made motion to approve the Century Tel construction permit for 2007 and 2008. Schmittinger seconded, motion carried unanimously.

 

Discussion/action – 2007 Holiday Schedule

Whitmore said the Spring Holiday should be a half day, not whole, discussion.  Schmittinger was concerned about closing at noon on December 31st, as it is the last day for paying taxes.  Whitmore said these were the hours for the town office, that the Treasurer is aware of the payments and would be open.

 

Review of bid specs

March – Street Sweeping and brushing

April – Patching & Paving, Weed Cutting Lots and Roads

Discussion of the bids to be published the next two months, Whitmore was asked to question the Attorney if the requirement of motor vehicle insurance was properly covered in the bid specs.  On the bid for brush trimming the date for work to be completed should be changed to July 1, 2007. 

 

Reports

Roads – Gordy Carlson & Jim Morris

There have been some complaints on snow plowing, Morris has been checking different roads to see how well they are being plowed.

 

Discussion/action – Bills to be presented

Carlson made motion to approve the bills as presented, Schmittinger seconded, motion carried unanimously.

 

REGULAR TOWN BOARD MEETING              FEBRUARY 12, 2007                      PAGE 10

 

Correspondence

Whitmore reported she copied everyone with the break down for snow plowing, the town has spent $196,388.14 for snow and ice control from November through January.

 

There is a meeting on the reconstruction of highway 83 on Thursday March 1st at the Mukwonago Town Hall. 

 

A citation was issued on 1-3-07 for a burning permit violation to Brain Haley on Highway G.

 

The total billing for the year 2006 for the household hazardous waste program was $720.77.

 

The last test on the water at the town hall came back with bacteria, so the well will have to be chlorinated again, when it warms up.

 

Schmittinger made motion to adjourn, Carlson seconded, motion carried unanimously. Meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

 

 

Barbara A. Whitmore

Town Clerk