APRIL 9, 2007
Leair called the meeting to order at 7:00 p.m. Present were Supervisors Carlson, Schmittinger, Morris and Reid. Also present was Clerk Whitmore.
Discussion/action
– Bids to be awarded
Weed Cutting – Lots
Carlson went over the bids that were received and opened on April 5th.
J & O Trucking $66.00/hour
Butterfield Trucking 85.00
MJ Landscaping 65.00 over 3 acres and $85.00 under 3 acres
Discussion of the bids, MJ Landscaping bid was disqualified as they did not give a bid as listed on the bid request document. Carlson made motion to award the bid to J & O Trucking, Schmittinger seconded, motion carried unanimously.
Weed Cutting –
Roadside
Carlson read the bids received –
Ben’s Cutting - $52.25/hour; J & O Trucking - $51.00; Butterfield Trucking - $54.45
Discussion, Carlson made motion to award the bid to J & O Trucking at $51.00 per hour, Reid seconded, motion carried unanimously.
Patching – Contract A
Carlson read the bids received –
Butterfield Trucking $155.00/ton
Payne & Dolan 130.00
Dodge Construction 129.50
Wolf Paving Co. 130.00
Discussion, Carlson made motion to award the bid to Dodge Construction, Morris seconded, motion carried unanimously.
Paving - Contract B under 100 ton over 100 ton
Payne & Dolan $48.85 $39.90
Wolf Paving Co. 39.86 39.86
Discussion, Morris made motion to award the bid to Wolf, Carlson seconded, motion carried unanimously.
Discussion/action
– Minutes to be approved
Monthly report from Wales-Genesee Fire Board – Tim Schmidt
Schmidt told the Board with the appointment of Paul this evening the Joint Board will again have 6
members, as the
Discussion/action – Approval of funds for town’s portion of homeland security grant
No action was taken this evening. Whitmore reported Chief Jezak had told her
the cost to the fire department would be $5,883.00.The
Monthly report from Wales-Genesee Fire Chief Greg Jezak
Board members were copied with the monthly report; there were a total of 31 calls for the month of March, with 91 runs for the year.
Discussion/action – Accept resignation of Brad Kudick on Joint Fire Board
Leair read the letter of resignation received from Brad Kudick. Morris made to accept the resignation of Brad Kudick from the Wales-Genesee Joint Fire Board, Schmittinger seconded, motion carried unanimously.
Discussion/action
– Appointment
Wales-Genesee Joint Fire board to complete term of Brad
Kudick to Dec. 2008
Morris made motion to appoint Paul Bazzetta to complete the term of Brad Kudick to December 2008, Carlson seconded, motion carried unanimously.
Discussion/action
– CSM – Estate of Marion Severson,
Leair stated the Plan Commission did recommend approval of this land split subject to the conditions of the Planner in a memo dated March 19, 2007. Schmittinger made motion to approve the CSM for Severson property subject to the conditions of the Planner in a memo dated March 19, 2007, Reid seconded, motion carried unanimously.
CERTIFIED SURVEY MAP
PROJECT NAME: Severson
CSM
DATE: March
19, 2007
OWNER: Marion Severson Estate
S47
TAX KEY NO.: GNT 1483.999.001
LOCATION: Being a part of the SW ¼
of Section 11, Town of
ZONING
CLASSIFICATION: R-1 Residential
REQUESTED USES: A two (2) lot Certified Survey Map (CSM).
COMPLIANCE WITH THE
The recommended
Land Use Plan for the Town of
STAFF ANALYSIS:
On January 22, 2007, Jim Samuels,
In performing a detailed review of the CSM dated February
8, 2007, I have found the following items must be added to the map or waived by
the Town of
Section 2.06 (E) Any slopes greater than 20 percent
shall be shown on the CSM. If there are slopes in excess of 20 percent
then a restriction shall be added to the face of the CSM, indicating any
portion of the lot area with slopes in excess of 20 percent shall be maintained
as open space.
Section 2.06 (G) Lands to be divided or developed into building sites to be
served by soil absorption sewage disposal systems, shall have soils tests
completed on each lot, indicating the lot (s) and building site(s) can support
a conventional or mound type septic system in compliance with the Department of
Commerce. The soil borings shall be shown on the face of the CSM and a copy of
the soils report shall be presented to the Town Planner, prior to the Town
signing the final CSM.
Section 2.06 (K) Jarmon Road is defined as a collector street. Therefore, the access from the property onto
The final location and size of the access easement shall be reviewed
and approved by the Town Planner and Town Engineer.
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.
Section 6.07 House numbers shall be assigned by the Town Engineer and placed on the duplicate CSM.
Section 7.06 Side lot lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face.
Discussion/action –
Request for waiver from Section 2.06(J) of the Town of
Division and Development Ordinance to not show remnant parcels on CSM – Wm. Cantwell
Leair told the Board the Plan Commission had discussed this and based on the Planner’s recommendation they approved the waiver from 2.06(J) of the Town’s Land Division and Development Ordinance to not show the remnant parcels on the CSM. Schmittinger made motion to approve the waiver from section 2.06(J) for William Cantwell, Carlson seconded, motion carried unanimously.
Memorandum
To: Town
of
From: Jeffrey Herrmann, Town Administrator/Planner
Date: 03/19/07
Re: Cantwell Property – Conceptual Land Division
The purpose of this memo is to provide the Town of
The petitioner is submitting a conceptual land division,
which will result in the creation of a one (1) additional lot located in the
southwest corner of the property with approximately 558 feet of frontage on
The petitioner has also submitted a detailed concept plan
for the rest of the property. The
proposed concept plan contains a total of twelve (12) lots (including the
proposed lot) and two (2) outlots for stormwater management. All proposed lots exceed 3.00 acres in
size. The lots will be located on a long
cul-de-sac about 1,300 feet in length, which exceeds the maximum cul-de-sac
length of 1,200 feet. The petitioner
will need to shorten the cul-de-sac in order for the proposed concept plan to
comply with the requirements of the Town of
The petitioner is presenting this preliminary Certified Survey Map (proposed land division) to the Planning Commission to get any comments or suggestions to help him decide the exact layout prior to making a formal submittal.
The following are comments to be considered when reviewing the revised concept plan:
· The recommended Land Use Plan for the Town of Genesee, as noted in the
Waukesha County Development Plan identifies this property in the Rural Density
Residential, Agricultural and Other Open Lands category (5.0 acres of lot area
per dwelling unit); However, Waukesha
County has indicated that the existing overall zoning for the Town of Genesee
complies with the one (1) unit per five (5) acre requirement; therefore as long
as the proposed density is consistent with existing zoning, then the proposed
development complies with the intent of the Waukesha County Development Plan.
· Soil tests have been provided for the proposed parcel and according to the Soils Report the site can accommodate a conventional septic system. Most of the soils are not considered to be hydric-type soils and should accommodate onsite sewage disposal systems.
· The property does not contain any wetlands, primary environmental corridor or 100-year floodplain.
· The property has a rolling topography
with several lower depression areas with highest elevation near the north
property line (1006 msl) and the lowest elevation
near the east property line (964 msl).
· No
portion of the property is located within the Waukesha County Shoreland and
Floodland Jurisdictional limits.
However, the petitioner may want to contact
· Based on the concept plan submitted
all lots appear to contain buildable areas large enough to accommodate normal
residential development.
· The proposed storm water management facilities
appear to be a little small.
reconfiguration
of the parcels.
· The Town of
· Town
Hwy GE is considered a
· The Town should discuss if the remnant parcel will need to be shown on the CSM.
· The proposed CSM shows a proposed 66’ wide ingress and egress easement. This easement will need to be removed from the final CSM, since it is not necessary to provide a road preservation easement for future development as a public street.
· A statement will need to be added to the face of the CSM indicating that if a need public road is constructed adjacent to the east property line the access onto Town Hwy GE will need to be eliminated. The exact language will need to be reviewed and approved by the Town Planner and Town Engineer.
· The proposed land division shall
comply in all respects to the Town of
· Any waivers or variances granted by
the Town of
· The Town should indicate to the petitioner that if a new public road is constructed to serve the rest of the property, the driveway of the newly created lot may need to be relocated so as to access the new town road.
· The petitioner is not proposing to amend the zoning on the property.
The proposed density shown on the concept plan complies with the Waukesha County Development Plan; however, the access onto Town Hwy GE is a concern that should be addressed prior to the submittal of the CSM. A meeting with the Town Planner is recommended prior to submitting the CSM.
Discussion/action
– Request for Fireworks
Leair reported the Plan Commission did approve the plan of
operation and site plan for
TOWN
OF
PLANNER’S
REPORT & RECOMMENDATION
SITE
PLAN/PLAN OF OPERATION
PROJECT
NAME:
DATE: March
19, 2007
TAX
KEY NUMBER: GNT
1546.975
PETITIONER: Mathew Fahr/Andy Nelson/Nader Seyedin
d/b/a
OWNER: Jeffrey Heeren
d/b/a
S47 W30760 S.T.H. 59
LOCATION OF PROPERTY:
A part of the NW ¼ of Section 27,
T6N, R18E, Town of
PRESENT
ZONING:
B-3 General Business District.
PRESENT
LAND USE:
PLANNER’S ANALYSIS:
The property is approximately
four (4) acres in size and contains a 121.9’ x 200.6’ multi-tenant
building. On February 26, 2007, the Town
of
In 2005, the petitioner’s received approval to occupy approximately 3,600 square feet of the eastern portion of the existing multi-tenant building for the retail sale of fireworks and a small office, as well as occupying 500 square feet of the upstairs for additional office area. The existing building was never used for the sale of fireworks. The petitioner’s are again proposing to occupy approximately 3,600 square feet of the eastern portion of the existing building for the retail sale of fireworks and a small office. The petitioner will also be occupying 500 square feet of the upstairs for additional office area.
The multi-tenant building would be used from April 1st to July 5th and December 26th to January 2nd on an annual basis for the retail sale of fireworks. The hours of operation will vary throughout the
year with the business being operated for the most part from 10:00 a.m. to 7:00 p.m. seven (7) days a week with expanded hours during the peak period (June 16th – July 5th) and more restricted hours during the other times of the year. The proposed operation will employ three (3) full-time employees and at least six (6) part-time employees. The petitioner’s are proposing to erect temporary banner or board signs for this year. The signs will be erected on the south and east upper wall of the building. Signs will have a black background color with yellow letters and red boarders. Future signs may also be requested at a later date, which would consist of a backlit box sign as well as florescent lighting under the eve, which would flood the signs and provide additional screening.
Access to the fireworks will be
from S.T.H. 83 and
TOWN PLANNER RECOMMENDATION:
Based on the above information, the Town Planner recommends the Town Plan Commission approve the proposed request subject to the conditions the following conditions:
• April 1st to May 30th from 10:00 a.m. to 7:00 p.m.
• June 1st to June 15th from 10:00 a.m. to 8:00 p.m.
• June 16th to June 25th from 9:00 a.m. to 9:00 p.m.
• June 26th to July 5th from 9:00 a.m. to 10:00 p.m.
• July 6th to September 15 from 10:00 a.m. to 7:00 p.m.
. December 26th to January 2nd from 10:00 a.m. to 8:00 p.m.
The Fire Chief shall approve the storage of fireworks within the building. If the Fire Chief states the building is not to be used for the storage of fireworks then the sale of fireworks from inside the building shall only occur from June 10, 2006 through July 10, 2006, 7 days per week and open from 9:00 a.m. to 10:00 p.m.
square feet in area shall be allowed on each side of the building. No other signs, flags, banners, etc. advertising fireworks of any type, shall be located on the property, unless specifically permitted by the Town Plan Commission. No other temporary signs shall be erected on the property. Waukesha County Department of Parks and Land Use and the Town Planner shall approve the location and size of each sign, prior to said sign being erected. In addition, the Town Building Inspector prior to each sign being erected shall issue a building permit.
conditions in this conditional approval due to a violation of these conditions.
Respectfully submitted,
Jeffrey C. Herrmann, AICP
Town Planner
Discussion/action
– Request for Fireworks
Tim Gill, manager for American Fireworks was present. The Plan Commission did approve the site plan and plan of operation subject to conditions of the Planner, this approval is for a tent only.
Schmittinger made motion to approve the Fireworks Sale License for American Fireworks subject to the conditions of the Planner in his memo of March 19, 2007, Morris seconded, motion carried unanimously.
TOWN
OF
PLANNER’S
REPORT & RECOMMENDATION
SITE
PLAN/PLAN OF OPERATION
PROJECT
NAME: American Fireworks
DATE: March
19, 2007
TAX
KEY NUMBER: GNT
1546.984
PETITIONER: Heather & Vince Siegel
d/b/a American Fireworks
1330 Edwards Street
OWNER: James & Mary Ebert
S49
LOCATION OF PROPERTY:
A part of the NW 1/4 of Section 27,
T6N, R18E, Town of
PRESENT
ZONING:
Conditional B-3
General Business District.
PRESENT
LAND USE:
Citgo Gasoline & Convenience
Center (Citgo Mart) and Bank.
PLANNER’S ANALYSIS:
Over the past several years, the
Town of
(1) part-time. The stand will be open for business between the hours of 8:00 a.m. to 9:00 p.m., 7 days a week.
The tent will not displace any parking stalls during its operation and should not adversely affect the ingress and egress into the property. Access to the fireworks will be from S.T.H. 83. The proposed operation is required to have thirteen (13) parking spaces. The plan shows a total of 13 temporary parking spaces in the grassy area adjacent to the tent and along the existing building. The petitioner’s are proposing to erect two (2) 4 ft. x 20 ft. banner signs and two (2), 2.5 ft. x 10 ft. banner signs. All signs will be hung on the tent. The two (2) 4 ft. x 20ft. signs will be hung on the north and south sides of the tent with the two (2), 2.5 ft. x 10 ft. signs hung on the east and west sides of the tent. According to the Waukesha County Zoning Code, signs, billboards and other similar advertising media are allowed subject to Town Plan Commission review and approval.
All trash will be removed from the property on a daily basis. The petitioners will provide proof of insurance at a later date. No additional landscaping or lighting is proposed. A private on-site waste disposal system and private well serve the property.
PLANNER’S RECOMMENDATION:
Based upon the above information, the Town Planner recommends the Town Plan Commission approve this request subject to the following conditions:
1.
Documentation shall be submitted to the Town Planner
that Waukesha County Department of Parks and Land Use has approved the Site
Plan/Plan of Operation. Any and all
conditions established by
2. Subject to the sale of fireworks occurring from June 18, 2007 through July 4, 2007, 7 days per week and open from 8:00 a.m. to 9:00 p.m. (2 full-time and 1 part-time employees) with set-up
starting no sooner than June 10, 2007 and removal of all equipment, tent, signs, etc., no later than July 10, 2007.
3. Subject to the 30’ x 60’ tent being in the grassy area as shown on the Site Plan and located at least 50 feet from the road right-of-way of STH “83.” The final location of the tent shall be reviewed and approved by the Town Planner.
4. Subject to the signage on the property being as proposed. Two (2), 4 ft. x 20 ft. signs located on the north and south sides of the tent and two (2) 2.5 ft. x 10 ft. located on the east and west sides of the tent. All sign locations must be approved by Waukesha County Department of Parks and Land Use, prior to each sign being erected. In addition, a building permit shall be issued by the Town Building Inspector prior to each sign being erected (if applicable).
5.
Subject to all overnight storage of fireworks on the
property being contained in the secured 10 ft. x 40 ft. secured metal storage
container approved by the
6. Subject to American Fireworks notifying the North Prairie Fire Department of the proposed operation. Any concerns or issues raised by the Fire Chief shall be complied with. Any disputes with the Fire Chief shall be forwarded to the Town Board for resolution to the dispute.
7. Subject to American Fireworks providing proof of insurance for the proposed operation.
8. Subject to American Fireworks being in compliance with all State and Federal regulations in association with the sale of fireworks.
9. Subject to this approval being for this year only and during the permitted days and hours of operation as conditioned above.
10. Documentation shall be submitted to the Town Planner that all required Federal, State, County and Local licenses and permits have been obtained.
11.
A “Fireworks Sale License” in accordance with Ordinance
No. 06-08 shall be obtained from the Town Board prior to the selling of
fireworks within the Town of
12.
The applicant shall allow the premises to be available
for inspection by the Town of
13. 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.
14. The Town reserves the right to review any condition imposed as part of this Plan of Operation 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 insure it does not become detrimental to the surrounding area.
15. 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 Plan of Operation, 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.
16. 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 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.
Respectfully Submitted,
Jeffrey C. Herrmann, AICP
Town Administrator/Planner
cc: Town of
Town of
Waukesha County Department of Parks and Land Use
Heather & Vince Siegel
James & Mary Ebert
North Prairie Fire Chief
Discussion/action
– Request for Temporary Class “B” Retailers License –
Discussion of the request, a list of the games was
provided. Morris made motion to approve
the license for the Genesee Rebels at
Discussion/action – Request for 6 month Class “B” Beer License – Wale-Genesee Lions Club
This is a request for 6 month license for
Update on contract for survey of town property – outlot 1, McFarlane Manor
Brad White whose property borders the easement from the outlot to
Discussion/action – Set public hearing to vacate Crown Court
Leair went over the process of vacation of the road as received from Planner Jeff Herrmann –
1. The petitioner/owner of the property has requested that the road/street be vacated by the Town Board. A legal description and map accompany the proposed vacation request.
2. According to Chapter 236.43 of the Wisconsin State Stats., the circuit court may vacate a street proceeding under ss 236.41 and 236.42 upon the following conditions:
So far, Mr. Keinert
has requested in writing that “Crown Court” be vacated. Therefore, the next step is for the Town to
adopt a resolution to vacate said “Crown Court” as outlined in ss 236.41 and ss236.42.
According to ss 236.41, the Town needs to give proper notice of the application for the vacation of the road shall be given at least three (3) weeks prior to the application:
1. By posting a written notice thereof in at least two (2) of the most public places in the county; and
2.
By publication of a copy of the notice as a class 3
notice, under chapter 985; and
3.
By service of the notice in the manner required for
service of a summons in the circuit court on the town; and
4.
By mailing a copy of the notice to the owners of
record of all the lots in the subdivision or the part of the subdivision to be
vacated.
The next step in the
process is to have the Town Board set a date for the public hearing to vacate
“Crown Court”. Then Barb and I will have
to prepare a class 3 notice and send it out.
Since the notice has to be published for three (3) consecutive weeks,
the Town Board should schedule the
public hearing for the
second Monday in June to ensure we have enough time and comply with all state
statutes. I believe we can have the
public hearing and then have the resolution on the Town Board Agenda on the
same night.
Morris made motion to set the public hearing on June 11, 2007, Carlson seconded, motion carried unanimously.
Discussion/action
–
Leair explained to the Board she attended the meeting in North Prairie after she and Jeff had reviewed the proposed plan, they both had concerns regarding the proposal. Because we have a border agreement with North Prairie, we don’t want to be in their planning area, and they should not be doing any planning in our Town. She asked they remove the extraterritorial line, 1 ½ miles from their borders, from the map. They will still have extraterritorial reviews but we don’t want them planning in our area.
Discussion/action – Fee change for state seal for building permits
Bob Blankenheim said the state seal is on a sliding scale, the more you purchase the less the permit costs. They start at $26.50; he felt the $30.00 would cover the staff time. Morris made motion to charge $30.00 Reid seconded, motion carried unanimously.
Discussion/action
2006 Annual Report –
Leair reported the Plan Commission did review the report and recommended it be placed on file, that they had 10 communities use the facility with over 8,040 tons of yard waste being processed; discussion.. Carlson made motion to place the Waukesha County Nonmetallic Mining Reclamation and Yard Waste Composting Operation report on file, Morris seconded, motion carried unanimously.
Discussion/action – Appointments –
A. Plan Commission
Leair told the Board Joe Turzynski has asked to take a one year term instead of three, Tom Girman has agreed to take the three year term. The Board member will be Jim Morris starting May 1st; the other terms start in April. Carlson made motion to re-appoint Joe Turzynski and Charlie Ross to one year terms and Tom Girman to a three year term with Jim Morris as the Town Board member, Schmittinger seconded, motion carried unanimously.
B. Park Board
Leair stated that Vaughn Werner has agreed to another seven year term and Ed Sayles will complete the term of Kathleen Gapinski which ends in 2012, the Board liaison will be Gordy Carlson. Jeff Schmittinger made motion to appoint Vaughn Werner to a seven year term ending in 2014 and Ed Sayles to complete the term of Kathleen Gapinski ending in 2012. Morris seconded, motion carried unanimously.