Planning Commission meeting was called to order at 6:00 PM by Chairman Langmesser. Present: Langmesser, Ciesielski, Ranke, Sohr, Schmidt, Eliopul, Schmidt, Greivell, Atty. Dubis, and Residents.
1. Chairman Langmesser led the Pledge of Allegiance.
2. Schmidt motioned to approve the April 5, 2004 minutes as written, seconded by Ciesielski. Motion carried.
3. Correspondence- Langmesser read a letter regarding drainage concerns in Golden Meadows.
4. Ciesielski motioned to disperse of the agenda and move item 13, Hoppe, up, seconded by Schmidt. Motion carried.
13. Carol Hoppe, 33701 Hill Valley Rd.-Application for Temporary Camping Permit and Discussion of Possible Rezone- Representing Hoppe was Attorney Oliver Kaufman. Kaufman announced that he would like to discuss what Hoppe needed to do for special event camping. Kaufman stated he felt Hoppe had resolved the 2003 issues. Kaufman stated that they felt the camping benefited the Town and County. Friemark announced that the County was not in favor of temporary camping but the applicant could apply for a rezone from A1 to P2 with a conditional use. Kaufman stated that County was willing to work with the applicant on the rezone and that he had talked with the abutting property (Green Meadows) to see about rezoning together. Dubis announced that Hoppe would have to meet State and County regulations as well as the Town's. Schmidt asked if the Land Use Plan would have to be changed. Friemark stated that the town would have to change the Land Use Plan if the applicant rezones because the property was currently A1, prime agriculture. Kaufman stated that it is why they would like to include Green Meadows. Dubis announced that prime agriculture is more difficult for the board to change. Sohr questioned the traffic and waste. Kaufman replied that all that would have to be worked out according to code. Larry Gabrysiak, 32747 Sunburst, announced that a temporary permit worries him and pointed out the Himebauch situation that was given a temporary permit. Kaufman stated they were asking for about 20 nights for camping to coincide with Alpine Valley events. Sohr motioned to recommend denial of temporary camping based on it not being with in the Land Use Plan and that other applicants have been denied for not being within the Land Use Plan, seconded by Eliopul. Motion carried.
5. Pier Permit- French, 29221 Elm Island Dr.- Applicant announced that he was seeking to replace old pier and changing the direction of the L and move the pier 10 feet to the east. Schmidt motioned to recommend approval of the pier as presented, seconded by Ciesielski. Motion carried.
6. Pier Permit- Hincz, 6705 N. Tichigan Rd.- Applicant announced that he was requesting to put in a removable pier on his vacant land that used to be a public launch. Applicant stated that the property was going to be fenced in and that he was giving permission to the DNR, Town of Waterford and Racine County to use the pier. Ciesielski recommended moving the pier a couple feet over. Eliopul motioned to recommend approval of the pier as submitted, seconded by Ciesielski. Motion carried.
7. Site Plan Review- Mahan/Roe, DBA Roma s Tichigan Lake Inn, 28837 Beach Dr.- Ciesielski asked the applicant about the dimensions on the survey and about the restrictions from the DNR having to be 50-75 feet from navigable water. Friemark announced that County had layed-over for Town input. Ranke expressed concern about the closeness to residential area and the parking. Ranke announced that he wasn t sure if that structure should be in such a confined area. Roe announced that his plan is a professional project that would improve the area. Sohr asked about lighting. Applicants replied that the only lighting would be landscape lighting. Roe announced that 80% of his business was restaurant. Langmesser brought up the petition. Roe questioned the number of names on the petition and if the number had increased since he last saw it. Karen Schmidt, 6628 Canal, stated she was concerned with additional business and the parking. Mark Marcinkowski, 28705 Beach, announced that due to the 20 foot easement, the parking is a problem and that he gets litter on his land from the patrons. Town Supervisor, Duane Luick, 28904 Beach, stated that he had passed around the petition with 25 names from 13 families and it had not changed. Luick also announced that the petition reasons were on the back. Luick read a letter from the DNR regarding the application as well as the correspondence with the County that shows different plans/diagrams. Greg Plantz, 28848 Beach, submitted letter to commission expressing concerns. Leroy Zierath, 6628 Canal, stated that he felt a lot was wrong with the plan. Zierath announced that the road had potholes, garbage, and extra traffic where concerns of his. Zierath stated that the area was no longer a resort area. Schmidt asked how many parking spots Roe had available for a busy night. Roe responded with 40 spots, and stated that he doesn t open until 3:00 pm and only serves food from 5-9. Roe also responded to the pot hole problem stating that it is not only from his business, but the school buses turn around in his parking lot every day and that he would like to have a paved parking lot on both sides. Ciesielski motioned to recommend denial due to the concerns that were discussed and due to the quality of life, seconded by Ranke. Vote taken: 4 in favor, 1 opposed (Sohr). Motion carried.
8. Rezone- Helding, Naughton farm, Buena Park Rd.- Attorney Bannen apologized for Helding s absence. Dubis asked if the 70 acres would still remain prime agriculture. Bannen responded that it would. Bannen announced that Racine County would like outlot A to be R3. Dubis asked if that was the only change. Bannen responded that it was. Dubis confirmed that the two A1 parcels would not be brought into the sewer district. Richard Pollock, 5739 Buena Park, owns 5 acres that is surrounded by proposed development, would like ingress and egress for the buildings. Joan Steinhoff, 6332 Riverside, wants protection from run-off. Langmesser stated that the access road can be addressed in the plat stages and the drainage issue had been discussed and will be taken care of by the Town s Engineer. Brad Toth, 6317 Riverside, asked why the homes were closer to the water instead of closer to the road. Bannen replied that the Town Land Use Plan had it planned that way. Schmidt motioned to recommend approval of the rezone and leaving outlot A A1, seconded by Ciesielski. Motion carried.
9. Rezone- Johnson, 993 West of 28739 County Line Rd.- A3 to A2- Dubis announced that the property is not prime agriculture and the Land Use Plan allowed some residential. Dubis announced that the applicant may not be able to get the 8 lots as presented. Schmidt motioned to recommend approval of the rezone without the guarantee of 40,000 sq. ft. lots, seconded by Ciesielski. Motion carried.
10. Conditional Use- High/Jessmon, 8631 Big Bend Rd.-Mini Storage Units- Jessmon stated he planned to purchase the property from Laverne High. Ranke asked about the trailers that were currently on the property. Jessmon responded that all would be cleared away and new buildings would be put up. Friemark announced that County did approve with 5 pages of conditions. Andrew Mason, representing David Mason, owner of surrounding property, reported that there were a lot of problems that Jessmon would not acknowledge. Mason presented the Commission with pictures and diagrams. (Record keeper did not receive a copy) Mason also read a letter from 1993 regarding High filling on his property and it was never taken care of. Mason stated that the current building has caused flooding on their property and that he would like to see the whole area cleaned up and a retention pond be added to accommodate the extra buildings. Dubis suggested that due to the past history of the property that the applicant request, at their own expense, the Town Engineer to review the site and plans. Laverne High, 8631 Big Bend Rd., stated that the water concerns come from across 164 and not from her property. Mason showed pictures that he stated prove the water does not come across 164. Sohr motioned to lay over to June Planning Commission and have the applicant research engineering costs, seconded by Ranke. Motion carried.
11. Conceptual Subdivision-Greil/Regner-Located NE ¼ of section 24- Greil and Regner proposed a 21 lot, non-sewered subdivision to the commission. Regner stated that they had met with the D.O. T. and was told to come to the Town for a conceptual approval first. Merton Bucholtz, 5420 Big Bend, asked about Gavin Rd. Bob Dufek, 6029 Big Bend, expressed concern about drainage because he feels there is already a problem. Sue Pettit, WWMD, wanted applicants to think about drainage issues. Tom Oberhart, 6203 Big Bend, expressed concern about allowing the development and then having other developments that will change the area. Commission stated that the Land Use Plan called for larger lots and recommended the applicants come back with larger lots. No formal action was taken.
12. Shoreland Contract Amendment- Kusch, Scenery Rd.- Greivell stated that he had put the item on agenda to work out the retaining wall and trespassing issues. Steve Poppe, owner of lots next to Kusch (# 7 and #8), stated he was concerned about the integrity of his soil now that it was loose. Dubis asked if Kusch would have the Town Engineer review at his (Kusch) expense. Commission reviewed pictures with Kusch and Poppe. Keli Poppe asked if retaining wall had to be on the property line. Eliopul motioned to have Kusch build a retaining wall according to law having 80% #1 stone with the other 20% dirt and Kusch be responsible for erosion problems, seconded by Sohr. Motion carried.
Item moved to beginning of agenda
14. Shore land Contract Report- Greivell 3 new homes, 1 addition and 1 moving of a home.
Announcements or discussions: None
Sohr motioned to adjourn the meeting at 8:05 PM, seconded by Eliopul. Motion carried.
Respectfully Submitted,
Heather Stratton, Deputy Clerk
TOWN BOARD MEETING FOR WATERFORD
APPROVED / OFFICIAL MINUTES FOR MAY 10, 2004
6:00 PM AT TOWN HALL
1. Town Board meeting was called to order at 6:00 PM by Chairman Langmesser. Present: Gauerke, Baumgart, Luick, Block, Atty. Dubis and residents of the Town.
2. Chairman Langmesser led the Pledge of Allegiance.
3. Printed Minutes: Luick motioned to approve the minutes as presented, dated April 12, 2004, seconded by Block. Motion carried.
4. Treasurer Report/Payment of Claims- Baumgart motioned to approve the claims as presented, seconded by Luick. Motion carried. Langmesser read the treasurer s report
5. Correspondence: Langmesser read Stonegate Estate s letter requesting the release of funds in letter of credit. George King announced that most issues were completed. Langmesser announced that he had spoken with WI DOT regarding Brown s drainage complaint and the DOT advised him not to do anything. Luick motioned to release $8,000 and retain $2,000 from Stonegate Estates letter of credit, seconded by Gauerke. Motion carried. Langmesser requested that Atty. Dubis research to see who is responsible for enforcing elevations. Gauerke requested that King sends the Town a letter when Fowler s Bay North is ready for permits. Bob Osberg announced that there has been no seeding, but digging had already begun.
6. Proposal of Preliminary Plat-Baumgart Gardens, Corner of Raab and Halverson- John Stigler displayed the new 9 lot layout preliminary plat. Stigler indicated that lots 1-7 would be sewered and lots 8 and 9 would not be. Discussion took place about the driveways for 8 and 9 going through the environmental corridor. Gauerke questioned the drainage swale, detention basins and the stone/rip-rap for Cable s property that was on the previous plat. Cable stated that he asked for examples of places where the particular plan had been done and Jahnke & Jahnke had not shown him any examples. Stigler announced that Cable had Jahnke & Jahnke and the developer s commitment and that they did not plan to do anything different than what was agreed to. Stigler announced that the issues had been discussed even though they are only at pre-plat level. Dubis asked for Stigler to point out where lots 8 & 9 had frontage. Stigler showed the board where the lot lines were. Baumgart suggested lots 8 & 9 have a combined driveway. Stigler responded that it would not be a problem and that they could also restrict lot 7 from putting a driveway in the environmental corridor. Mike Brulz, 31045 Lake Pointe Ct., asked if it was possible to put a restriction for no further driveways. The board announced that it wouldn t be a problem. Luick asked why the detention pond could not be deeper. King responded that it would still overflow, and that Cable s property/home is in the natural drain pattern. Baumgart motioned to approve subject to the Town engineer s recommendations and having the combined driveway for lots 8 & 9 to be placed closest to the eastern boundary, seconded by Langmesser. Langmesser called for a vote. 2 in favor, 3 opposed (Block, Luick and Baumgart) due to the idea not giving the neighbor a guarantee and not being in favor of the driveway running through the environmental corridor. King announced that he had met with Jahnke & Jahnke and Cable many times and feels a good plan has been proposed. Stigler announced that he felt that Cable would have less water on his property after all is done. Gauerke stated that the plat has improved, but would like to see a road accessing lots 8 &9 as opposed to the driveway running through the environmental corridor. Motion to approve failed.
7. Committee Reports:
a Police Dept. Report- Littmann reported 385 contacts for the month of April. Boater Safety classes begin May 18th through 22nd. Residents can register with the police dept.
b Waterways Committee- Bill Gerard announced that a report was prepared by Derse, but he had an emergency and was not able to attend. Gerard apologized for no report.
c TVFD- Forkner reported 13 EMS and fire calls for the month of April. Forkner also reported that there was going to be a Spaghetti Dinner on May 23rd, which will also be a recruitment drive. Forkner asked about resolution for hydrant issues. Discussion took place on who Forkner is to contact for Golden Bay Association.
d Park Gauerke announced that the tree planting had started and that about 100 trees were already planted and about 50 more to go. Gauerke stated that 50% of the funds will be coming from a DNR grant. Block commented on the article regarding the tree planting in the Waterford Post and thanked all parties involved for the help. Langmesser thanked Ken Jessmon and Bill Gerard for donating the building and electric.
e Road Dept. Langmesser reported that Payne & Dolan was awarded the road projects for 2004. Langmesser stated that the Town included more roads than what was in the budget, but what doesn t get done in 2003 should get done in 2004.
f Town Planning Recommendations-
* Temporary Camping- Carol Hoppe-33701 Hill Valley Rd. - Gauerke motioned to accept Planning s recommendation for denial, seconded by Luick. Motion carried.
* Pier Permit- French, 29221 Elm Island Dr. - Gauerke motioned to accept Planning s recommendation for approval, seconded by Luick. Motion carried.
* Pier Permit- Hincz, 6705 N. Tichigan Rd. - Gauerke motioned to accept Planning s recommendation for approval, seconded by Luick. Baumgart asked if only Town, County and DNR were going to use the pier or if the applicant was going to use it as well. Bill Gerard, friend of applicant, stated that Hincz did not intend on building on the lot for awhile, but he was going to use the pier to dock his boat. Motion carried.
* Site Plan Review- Mahan/Roe, 28837 Beach Drive- Gauerke motioned to accept Planning s recommendation for denial, seconded by Block. Luick abstained from voting due to personal involvement, but stated that he was opposed to the addition. Motion carried.
* Rezone-Helding, Naughton Farm , Buena Park Rd. - Gauerke motioned to accept Planning s recommendation for approval, seconded by Luick. Gauerke questioned the land that is to be given to Racine County land trust being zoned C-2. Helding stated that it was Count s recommendation for C-2. Gauerke feels C-1 would be more appropriate. Gauerke confirmed that they were going to combine outlot 8 with lot 30. Helding responded that they had to in order to comply with A-1 zoning. Gauerke asked if the owner of lot 30 would be responsible for the drainage. Helding replied that they would have to put an easement on it. Gauerke asked if the homeowners association would be responsible for the ponds, burming, and drainage tile. Helding stated that he was correct. Helding stated that most of the drainage should go to the east, so there shouldn t be much detention. Discussion took place on whether a swale or pipe will be used. Gauerke expressed concern about lots 28 and 29 pushing into the water. Gauerke feels they should not have water frontage just to be sure nobody will run a water vehicle through the cattails. Gauerke would like to see the lots shrunk back to not have access to the water. Helding stated that they are accessing cattails and are approximately 600 ft. from the water. Langmesser stated that it will be deed restricted that none of the lots have access to the water. Gauerke stated the shoreland should be in the Racine County land trust. Helding will move back lots 28 and 29 to be off-shore. Gauerke confirmed that the 12-ft. strip of land being donated to the town would be on the pre-plat. Helding announced that it would. Gauerke amended his motion to change the zoning for the area to be donated to the Racine County Trust from C-2 to C-1, have lots 28 and 29 be reduced in size and not have water frontage and make the shoreland part of the land trust, seconded by Luick. Dubis indicated the other conditions are lots 30 and 31 have no conversion of the 70 acres to any other usages except prime agriculture and the 2 homes, lots 30 & 31 will not be in the sewer district, lots 1-27 will be sewered, the applicant agreeing that the storm water run off from the development to Lake Point would not adversely impact that subdivision, the minimum home for ranch will be 2,200 sq. ft. and 2-story will be 2,600 sq. ft. and all natural materials will be used. Motion carried.
* Rezone- Johnson, County Line Rd. - Gauerke motioned to accept Planning s recommendation for approval, seconded by Luick. Gauerke announced that Johnson had brought to the Town s attention that due to very similar colors in the key for the Land Use Plan map they were looking at the wrong planned use. The Planning Commission was under the impression that the Johnson property was planned for suburban II residential (3-4.99 acres) when it is planned to be other agricultural, rural residential and open land. Gauerke read from the original Land Use Plan that the acreage for the correct use is a minimum of 5 acres. Gauerke announced that by following the Land Use Plan, Johnson would only be able to get 4 lots. Johnson announced that his proposed subdivision has far larger lots than others in the area and would like the board to work with him. Gauerke amended his motion to accept Planning s recommendation for approval based upon the conditions of the Town of Waterford s Land Use Plan, seconded by Luick. Motion carried.
* Conditional Use- High/Jessmon, 8631 Big Bend Rd., Gauerke motioned to accept Planning s recommendation to lay over until June P.C., seconded by Luick. Motion carried.
* Conceptual Subdivision- Greil/Regner, Hwy. 164 across from Gawin- Gauerke announced that this parcel was also not in the suburban residential (3-4.99 acres) but was in the other agricultural, rural residential and open land which requires the minimum of 5 acres. Greil and Regner to be notified of the misunderstanding.
* Shoreland Contract Amendment- Kusch, Scenery Rd. - Gauerke motioned to accept Planning s recommendation for approval, seconded by Luick. Langmesser stated he wanted Kusch to use 80% #1 stone, 5% pea gravel and 15% dirt. Gauerke and Luick changed there motions to accept Langmesser s change. Motion carried.
8. Old Business:
(a) Direct Annexation- Greenwald/Neumann- Langmesser announced that the Town of Waterford will be suing the Village of Mukwonago for the annexation of Town land.
(b) Fowler s Bay Letter of Acceptance of Improvements- Langmesser motioned to refund $10,000 and retain the remaining $5,000, seconded by Luick. Motion carried.
(c) Tichigan Lake Fireworks (Request for annual donation) - Baumgart motioned to donate $500.00 to the Tichigan Lake Fireworks, seconded by Block. Motion carried.
(d) Discussion of Animal Control Contract 2005-2007- Langmesser explained the high increase for the Countryside Humane Society contract. Dubis to review and item to be on June Town Board.
(e) Appointments- Langmesser recommended the appointments for:
1-year appointments
Engineer- George King of Crispell-Snyder, Inc. Inspector- D&D Inspections
Attorney- Michael Dubis Outside Council- Atty. Dubis discretion
Surveyor- Gary Foat Health Officer- WRCHD
Weed Commissioner- Carl Kasprzyk Animal Warden- Tami Plohocky
3-year appointments
Planning Commission- Myron Ciesielski
Clerk- Tina Mayer
Treasurer- Heather Stratton
Baumgart motioned to accept the recommendations, seconded by Luick. Motion carried.
9. New Business:
(a) Original Liquor License Application- Luick announced that he was reviewing the application and was concerned about where the applicants may sell the liquor. Luick stated he would like to hold for the continuation of the background check. Dale Wittenburg announced that the place had been completely remodeled and the wording on the application for where they would sell the liquor was copied off of the previous applicant s application. Wittenburg assured the board that the restaurant would not open until everything was completed and up to code. Wittenburg invited the board to visit and see the bar/restaurant. Langmesser motioned to approve the licenses to be transferred subject to Luick, Chief Littmann and Dubis being satisfied, seconded by Luick. Motion carried.
(b) Bartender License(s) - Luick motioned to approve the following subject to police background checks, seconded by Gauerke. Motion carried. Judy Hegemann.
(c) Discussion and possible amendment to sec. 10.00 of local ordinances to require all construction dumpsters be capped / covered- Langmesser announced that due to numerous complaints about garbage coming out of dumpsters due to not having covers, he would like Atty. Dubis draft an ordinance stating that the dumpsters must be capped or covered. Luick motioned to have Atty. Dubis draft an ordinance/resolution stating all dumpsters must be capped / covered at the end of a work day, seconded by Block. Motion carried.
Informal Public Comment Time- Baumgart announced that himself and Bock attended a meeting with WWMD regarding the phosphorous ordinance. Block and Baumgart wanted the Town to know that they believed the ordinance should stay as it was written.
Luick motioned to adjourn the meeting at 7:53 PM, seconded by Block. Motion carried.
Respectfully submitted,
Heather Stratton, Deputy Clerk
Subject to further revisions until approved by the Town Board
E-mail Mary