REGULAR TOWN BOARD MEETING

MARCH 12, 2007

 

Leair called the meeting to order at 7:02 p.m. Present were Supervisors Morris, Reid and Schmittinger; Carlson was absent. Also present were Planner/Administrator Herrmann and Clerk Whitmore.

 

Discussion/action – Bids to be awarded

Brushing

Bids were received from the following –

    Best Wood Judge -             $12,695.00

    Butterfield -                             9,690.00

    American Landscaping-         29,100.00

 

Discussion, Schmittinger made motion to award the brushing contract to Butterfield at $9,690.00, Morris seconded, motion carried unanimously.

 

Street Sweeping

Bids were received from the following –

     Butterfield -           $7,729.00

     Payne & Dolan -      7,285.00

 

Discussion on accepting the lowest bid.  Schmittinger made motion to award the street sweeping contract to Payne & Dolan. Office staff should contact the attorney to clarify whether the lowest bid must be accepted.  Morris seconded, motion carried unanimously.

 

Discussion/action – Minutes to be approved – Regular Town Board Meeting of 2-12-07

Schmittinger made motion to approve the minutes of February 12, 2007, Morris seconded, motion carried with Leair abstaining.

 

Monthly report from Wales-Genesee Fire Department – Tim Schmidt

Discussion/action - Approval of amendments to Fire Station lease

Schmidt told the Board there were several minor amendments made to the agreement per a letter from John Macy dated June 30, 2006, the Joint Fire Board approved the amendments and signed the lease on July 30, 2006.  Reid made motion to approve the amendments to the fire station lease, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Approval of funds for town’s portion of homeland security grant

Discussion on the homeland security grant received by the fire department in the amount of $111,000 the department has to cover about $5,800.  The grant will be used to purchase self contained breather apparatus and a generator.  The department is currently putting out bids for the equipment; they can not apply for the funds until they have a bill for the equipment.  Morris made motion to table action on this item to next month, Reid seconded, motion carried unanimously.

 

Monthly report from Wales-Genesee Fire Chief Greg Jezak

Jezak reported there were 26 calls in February, as of today there has been 72 calls this year, we are running ahead of last years calls.

 

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Update on house numbers grant

Jezak said he is looking at grants, possibly under fire prevention.  Leair asked what he thought this may cost per household.  Jezak felt around $30.00 per household.  Because of the cost, the town may do this in phases.

 

Discussion/action – Request to extend premise June 8, 9 & 10, 2007 and July 28, 2007 to

parking lot tent - Wern Valley Sportsmen Club

Wern Valley is requesting to extend their liquor license to a tent in the parking lot on June 8, 9 and 10 for the Miller-Lite Sporting Clay Championship from 11 am to midnight and on July 28, 2007 for the Great Cancer Shootout from 11 a.m. to midnight.  Morris made motion to approve the extension of premise for Wern Valley Sportsmen Club on June 8, 9 and 10th and July 28th to the tent in the parking lot area from 11 a.m. to midnight for both events. Reid seconded, motion carried unanimously.

 

Discussion/Action-Certified Survey Map - Frederick Kipp, CTH ZZ.

Herrmann explained this certified survey map is a 6.46 acre parcel created by combining portions of two properties. The lot is being created for the Kipp’s daughter and son-in-law to build a house. The Kipp’s have stated they would not be developing anymore of this property.  The Plan Commission did approve the CMS subject to the conditions of the Town Planner in a report on February 19, 2007.

 

Schmittinger made motion to approve the certified survey map for the Kipp’s subject to the conditions of the Town Planner’s memo of February 19, 2007, Morris seconded, motion carried unanimously.

 

TOWN OF GENESEE PLAN COMMISSION & TOWN BOARD

PLANNER’S REPORT AND RECOMMENDATION

CERTIFIED SURVEY MAP

 

PROJECT NAME:                             Kipp CSM

 

DATE:                                                            February 19, 2007

 

OWNER:                                            Frederick Kipp

                                                            P.O. Box 291

                                                            North Prairie, WI 53153

 

TAX KEY NO.:                                  GNT 1559.998

 

LOCATION:                                      Part of the SW ¼ of the SE ¼ and part of the SE ¼ of the SW ¼ of Section 29, Township 6 North, Range 18 East in the Town of Genesee, Waukesha County

 

ZONING CLASSIFICATION:          A-P Agricultural Land Preservation District.

 

LOT SIZE:                                         125 Acres

 

REQUESTED USES:                         A one (1) lot Certified Survey Map (CSM).

 

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COMPLIANCE WITH THE WAUKESHA COUNTY DEVELOPMENT PLAN:

The Waukesha County Development Plan designates this property in the Extractive category.  However, this portion of the property is not included in the lands leased to Genesee Aggregate.  The Town Plan Commission has determined that the Waukesha County Land Use Plan does not need to be amended at this time to allow the proposed division.  However, the petitioner should be made aware that any future land divisions would require an amendment to the Waukesha County Development prior to the Town approving any future land divisions.

 

PLANNER’S ANALYSIS:

The petitioner is seeking approval of a Certified Survey Map (CSM) for the creation of a 6.46 acre parcel.  The new parcel is the resultant combination of a portion of two (2) properties for the creation of one (1) new parcel. The petitioner currently owns two (2) larger tracts of land.  The largest tract is approximately 79.65 acres and the smaller tract is about 45 acres.  The petitioner is proposing to utilize about 2.81 acres from the larger lot and approximately 3.65 acres from the smaller parcel to create a new 6.46 acre parcel of land.  The new lot will be served by a private on-site waste disposal system and private well and will be for the construction a new single-family residence for a family member. 

 

The petitioner does not intend to combine the remaining lands into one (1) parcel at this time.  Much of the remaining lands are under contract with Genesee Aggregate for extractive use over the next forty (40) years.  The petitioner has requested that the 6.4 acre parcel be created by CSM, but be allowed not to show the remnant parcels on the CSM. 

 

The Waukesha County Department of Public Works reviewed the conceptual CSM and indicated the property has enough frontage for four access points and site distance should not be a problem.

 

In completing a detailed review of the CSM dated February 2, 2007, I have found the following items must be added to or corrected on the map or waived by the Plan Commission and Town Board in order to comply with the Town’s Land Division Ordinance:

 

Section 2.06 (E)          Steep Slopes in excess of 20 percent shall be shown on the CSM (if                                                applicable).

 

Section 2.06 (J)           Remnants 20 acres or larger must be a part of the CSM unless waived by                                        the Plan Commission and Town Board.  The owner must provide proof                                          that any remnant in excess of twenty (20) acres not shown on the CSM is                                         able to support an onsite private waste disposal system.

 

Section 4.01                 The map scale shall be not more than 100 feet to the inch.

 

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.

 

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Section 7.02 (A)          A planting strip at least 30 feet in depth shall be provided adjacent to C.T.H. ZZ.  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.         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 North Prairie (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, “The lot shall not 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 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.         Under Chapter 236.20 (3)(d) of the Wisconsin State Statutes, the names of adjoining streets, state highways and subdivisions shown in their proper location shall be  underscored by a dotted or dashed line. 

 

4.         The signature block for Waukesha County appears to be inaccurate.  Please review the signature block with Waukesha County and make any necessary changes prior to submitting the final CSM for signatures.

 

5.         There shall be no commercial or business use on the lot, except as specifically permitted pursuant to the applicable Zoning Code.

 

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

 

7.         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.

 

8.         All existing and proposed easements shall be shown.

 

9.         Subject to the Developer satisfying all of the aforementioned conditions within one year of

REGULAR TOWN BOARD MEETING              MARCH 12, 2007                 PAGE 5

 

        the Town Board granting conditional final CSM approval.

 

10.     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.

 

11.     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 February 5, 2007, giving the Town Plan Commission until March 22, 2007 and the Town Board until April 6, 2007 to take action, unless an extension is granted in writing by the developer.

 

Respectfully submitted,

 

Jeffrey C. Herrmann, AICP

Town Administrator/Planner

 

cc:   Town of Genesee Clerk

       Town of Genesee Building Inspector

       Waukesha County Department of Parks and Land Use

       Jahnke & Jahnke

       Frederick Kipp

 

Discussion/Action-Waiver from Section 2.06 (J) of the Town of Genesee Land Division and Development Ordinance to not show remnant parcel on CSM- Frederick Kipp

Schmittinger made motion to approve the waiver from 2.06(J) of the Town of Genesee Land Division and Development Ordinance, Morris seconded, motion carried unanimously.

 

Discussion/Action-Waiver from Section 4.01 of the Town of Genesee Land Division and Development Ordinance to show map scale more than 1” = 100’ on CSM – Frederick Kipp

Schmittinger made motion to approve the waiver from 4.01 of the Town of Genesee Land Division and Development ordinance, Morris seconded, motion carried unanimously.

 

 

 

REGULAR TOWN BOARD MEETING              MARCH 12, 2007                 PAGE 6

 

Review of Fireworks Sale License

Discussion of Fireworks Sale License form, Board members felt they would like the dates the license covers listed on the permit, also that the license is subject to an approved Plan of Operation and Site Plan.

 

Letters should be mailed to previous sellers of fireworks with the license applications, the requests have to be received by April 1st.

 

Discussion/action – Request to consider establishing ordinance to limit outside sales only to established business operating on a yearly basis – Tom Hein

Mr. Hein called this afternoon saying he was ill asking this be on next months agenda.

 

Discussion/action – Request for Fireworks Sale License – Fireworks City

After some discussion, it was decided to table this item to next month until it is established if Fireworks City will be selling from a tent only, or also a building. Schmittinger made motion to table this item to next month, Morris seconded, motion carried unanimously.

 

Discussion/action – Zero Zone false alarm calls, North Prairie Fire Dept.

Discussion of false alarms at Zero Zone with Joe Whitmore, President of the Village of North Prairie. Whitmore stated there have been 4 false alarm runs in the past 2 months, three of the runs were in February. He wanted to know what the policy of the town was, and how the company should be notified they may be fined or billed for the cost of the run.  It was decided a letter will be written by Mr. Herrmann and sent to the village to send to Genesee residents/business when false alarms are called.  They will receive notice after the first two alarms and North Prairie will bill them for the cost of the run for the third.

 

Discussion/action – Update on Old Village Road parking problem

Whitmore said there is only a black pick-up truck parking on the road the past week or so, and it is off to the side, not on the roadway.

 

Schmittinger stated he talked to the wife and she said they had received the letter from the town and gave it to the renters. It didn’t seem to faze the renter.  Board members felt they will do nothing at this time, as the town has received no further complaints.

 

Discussion/action – Concern of damage to town property on highway 83 – Bill Ross

Discussion/action – Approval of contact for survey work on Town of Genesee property,

Outlot 1, McFarlane Manor with Yaggy Colby Associates- Jeff Herrmann

Discussion of the complaint received from Bill Ross regarding the damage to town property on outlot 1 in McFarlane Manor.  Herrmann sent a memorandum to all adjacent property owners requesting their cooperation in using the park as it was intended to be a passive park. The memo asked the residents to contact the sheriff department if they see people operating motorized vehicles on the property or cutting any trees or vegetation. A copy of the memo was also sent to the sheriff department.  After reviewing the area on the county web site, it appears some of the adjacent property owners have planted trees, shrubs on the town’s parcel and even built a building.  Therefore, to be sure exactly what the town property boundaries are Herrmann asked for a proposal from Yaggy Colby to survey the land.  Discussion of the proposal from Yaggy Colby.  Reid made motion to

REGULAR TOWN BOARD MEETING              MARCH 12, 2007                 PAGE 7

 

authorize the survey by Yaggy Colby to delineate the town property and the corners of the adjacent property, not to exceed $2,000.00.  Morris seconded.   Reid asked the Sheriff be notified to site people for riding ATV’s on the property, and the town should place signs for no ATV’s allowed. The Board decided to further discuss this after the survey has been done and we see what is actually on the town property as far as buildings and plantings.  Motion carried unanimously.

 

Discussion – Town of Genesee Smart Growth Plan

Herrmann told the Board there will be a joint meeting with the Board and the Plan Commission to set goals and directions for the smart growth plan. The meeting will be open to the public and they will be asked for direction also.  He hopes to have the meeting in April or May.

 

Discussion/action – Fee change for state seal for building permits

Whitmore said she was told the cost of the state seal has gone up and was requesting a change in the fee from $25.00 to $30.00.  Discussion.  Bob Blankenheim said he would check into the change and if the will fee will be going up again and report back to the board next month.    Schmittinger made motion to table this item to next month. Morris seconded, motion carried unanimously.

 

Discussion/action – Approval of sale of color printer

Morris made motion to approve the sale of the color printer to Mike Rotroff for $100.00, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Public Facility Needs Assessment & Impact Fee Study for Park Facilities

Herrmann told the Board Christy had re-run the figures and the impact fee amount will be going down from the last study, she will be getting the papers together and sending them to the town shortly. This will be on an upcoming agenda.

 

Discussion/action – Annual Report for Genesee Sand & Gravel Mining Operation

A new plan of operation has been approved by the Plan Commission, they are transferring the scale and scale house from the east side of the road to the west.  Morris made motion to place the Annual Report from Genesee Sand and Gravel on file. Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Appointments to Intermunicipal Joint Planning Committees with

Village of North Prairie and Village of Wales

Leair recommended the reappointment of Sharon Leair, Drake Reid and Brett Engelking to the North Prairie Intermunicipal Joint Planning Committee and also to the Intermunicipal Joint Planning Committee for Wales for one year.  Morris made motion to approve the appointments to the Intermunicipal Joint Planning Committees for North Prairie and Wales, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Approval of Resolution to amend 2006 budget

Whitmore explained the reason for some of the amendments, discussion.  Morris made motion to approve the 2006 budget amendments, Reid seconded – roll vote – Schmittinger – yes; Leair – yes; Reid – yes; Morris- yes.  Motion carried unanimously.

 

Town of Genesee

 2006 Proposed Budget Amendment

 PLEASE TAKE NOTICE THAT the Town of Genesee Board at a Regular town Board Meeting

 of March 12, 2007, amended the 2006 Budget. Said amendments were approved unanimously

 

 

 

 

 

 Budget

 

 Proposed

 

General Fund

 

 Current

 

 Amended

 

 Amendment

 Revenues

 

 

 

 

 

 

 

 

 Regulation and Compliance:

 

 

 

 

 

 

 

 

 

 Building permits

 

         84,000

 

         85,267

 

          1,267

 

 

 Interest:

 

 

 

 

 

 

 

 

 

 Investments

 

         55,000

 

       105,088

 

         50,088

 

 

 

 

 Net increase in revenues

 

 

 

 

 

         51,355

 

 Expenditures

 

 

 

 

 

 

 

 

 General government:

 

 

 

 

 

 

 

 

 

 Assessor

 

         27,000

 

         27,310

 

             310

 

 

 

 Treasurer

 

         20,859

 

         21,712

 

             853

 

 

 

 Elections

 

          8,250

 

         10,840

 

          2,590

 

 

 

 Outside services

 

         65,100

 

         65,140

 

               40

 

 

 Public safety:

 

 

 

 

 

 

 

 

 

 Fire and rescue

 

       411,473

 

       451,748

 

         40,275

 

 

 

 Building inspection

 

         73,100

 

         79,483

 

          6,383

 

 

 Health and Sanitation:

 

 

 

 

 

 

 

 

 

 Refuse collection and recycling

       374,667

 

       398,440

 

         23,773

 

 

 Highway and transportation: