Minutes of Previous Meetings - May 2007 - Scroll Down to View All Meeting Minutes for May

PLANNING COMMISSION MEETING
415 N. MILWAUKEE ST.
MAY 7, 2007 at 6:00 PM
APPROVED/OFFICIAL MINUTES

1. Planning Commission meeting was called to order at 6:00 PM by Chairman Langmesser. Present: Langmesser, Ciesielski, Schmidt, Ranke, Gerard, Derse, Sohr and Residents.

2. Chairman Langmesser led the Pledge of Allegiance.

3. Derse motioned to approve the April 2, 2007 meeting minutes as written, seconded by Ciesielski. Motion carried.

4. Correspondence- None

5. Pier Permit - Wozniak, 7632 Birch Ln.- Derse motioned to recommend approval, seconded by Schmidt. Motion carried.

6. Pier Permit- Kosut, 5739 Island View Ct. - Schmidt motioned to recommend approval, seconded by Ciesielski. Motion carried.

7. Final Plat- Fox Water Bay, Hwy. 164 & Lakeview Rd.- Tom Langan, L&T Development, stated that there was a conceptual agreement with the residents on Lakeview Rd. Don & Karen Novak stated that as of that morning, there were some changes. Langan stated that Atty. Dubis had a copy of the agreement. Langan explained the agreement to the Board and stated that in the end, Lakeview Rd. residents will still have access to the water. Langan also stated that the Fire department and the annual fireworks will also have access. Derse asked George King about the May 3rd letter. King stated that about half of the issues on that letter were resolved and that the issues that were remaining were not major issues and the Board could approve contingent upon the rest of the items being addressed. Langan stated that all the environmental issues had been resolved. Don Novak stated that they may need more time than a week to sort through the issues with outlot 5. Cedar Ln. residents expressed concern with Cedar Ln. being moved and the upkeep where the asphalt will meet the gravel portion. Langan stated that the DOT was requiring the connection and that it would be safer for the residents. Langan stated that the residents will not be responsible for any of the expenses to connect the two roads. Langmesser suggested meeting with the residents to resolve the unanswered issues. Derse asked what the final set of drawings was dated. Langan stated the final drawings were dated March 1, 2007. Sohr motioned to lay over to the May Town Board, seconded by Derse. Motion carried.

8. Rezone- Swift, 30802 Waterford Dr.- Gene Kovacs and Paul VanHenkelum, RSV Engineering, explained the request was to rezone the 5.2 acres from P-2 to R3-A. Dubis asked if they had filed with Racine Co. VanHenkelum stated they had not yet. A resident asked about the property being annexed into the Village of Waterford. VanHenkelum stated that there was no petition for annexation and that they preferred all the property stay within the Town of Waterford. Schmidt motioned to recommend denial based on the rezone not coinciding with the Land Use Plan, seconded by Derse. Motion carried.

9. Conditional Use, CSM, Variance- Hrouda, West of 6009 S. Loomis Rd.- Applicant requested to take themselves off the agenda. No discussion.

10. CSM- Mowka, Lot east of 30518 Mountain Ln.- Derse motioned to recommend approval of the 3 lots as shown, seconded by Gerard. Ranke stated that when the applicant originally came in proposing the 3 lots, there was a lot of opposition from the surrounding residents as well as the Homeowner's Association and that they all wanted to see it remain 1 lot. Ranke stated that he felt the Planning Commission approving 2 lots was a fair compromise. Vote taken: 2 in favor, 4 opposed (Ciesielski, Sohr, Ranke and Schmidt). Motion not carried.

11. Variance- Durand, Lots north of 5429 E. Peninsula Rd.- Item was denied at Racine County. No discussion.

12. Variance- Schmidt, 7458 Poplar Cr.- Atty. William Niccloai, representative for Schmidt, stated that it was discovered well after the fact that the construction was done without permits(1989). Langmesser recommended that the applicant be required to pay the triple permit fee instead of having to undo what was constructed. Sohr motioned to impose the triple permit fee penalty and allow Schmidt to keep what was constructed, seconded by Gerard. Vote taken: 5 in favor, 1 opposed (Ciesielski). Motion carried.

13. Variance- Richards, 6421 N. Tichigan Rd.- Applicant explained that he has the zoning permit from Racine County. Ciesielski motioned to recommend approval, seconded by Sohr. Motion carried.

14. Moving Building- Doerr, 28745 N. Lake Dr. to Beach Dr.- Applicant stated that the lot sale is contingent upon him being allowed to move the building (Cruise Inn) to the lot. Derse asked if it was going to be single family. Doerr stated that it was. Dubis reminded Doerr about the bond that the Inspector will set. Schmidt asked when they would be moving the building. Doerr stated that it was handled through other parties but stated it will be when the roadways have very little traffic between 11 and 1. Schmidt motioned to approve with the ordinance being followed, seconded by Sohr. Motion carried.

15. CSM- Baranowski, 28513 E. River Bay Dr.- Applicants stated that they agreed with County's letter with the recommendations. Dubis stated that it fell within the Land Use Plan. Schmidt motioned to approve CSM contingent upon the applicant following Racine County's recommendation and applying for a rezone with the Town, seconded by Sohr. Motion carried.

16. Administrative Zoning District Line Adjustment- Rosenthal, 3122 Buena Park Rd.- Ranke motioned to have Atty. Dubis review and have the item come before the Town Board on 5/14/07, seconded by Ciesielski. Motion carried.

17. Shore land Contract Report-

18. Announcements/Discussion-

Derse motioned to adjourn the meeting at 7:00 PM, seconded by Ciesielski. Motion carried.

Respectfully Submitted, Heather Stratton, Deputy Clerk

 

SPECIAL TOWN BOARD MEETING FOR WATERFORD
APPROVED/OFFICIAL MINUTES FOR MAY 14, 2007
5:15 PM AT THE TOWN HALL

The Special Town Board meeting was called to order at 5:15 PM by Chairman Langmesser. Present: Gauerke, Block, Baumgart, Kacmarcik, Attorney Dubis and residents of the Town.

5:15 Steenweg Land Division
Atty Dubis explained the history with the applicants and that the Town was served with a suit which requested that the Court review the decision of Planning Commission and not approving the initial proposed land division. Dubis stated he had spoken with Attorney Mielke, applicant's Attorney, and there were points that they had agreed on. The lawsuit has been dismissed subject to being reopened. Mielke stated that he had filed the suit to preserve his clients rights and explained that on the CSM that was approved the building envelope was intruded on lot 2. Block asked if both proposed CSM's (C&D) take the primary environmental corridor into account. Steenweg stated it does. Gauerke asked about the wooded area. Steenweg replied that the wooded area would be untouched. Baumgart asked what CSM the applicant preferred. Steenweg stated that CSM "C" because the building envelope is bigger and it keeps the building envelope further from the PEC. Steenweg stated that he would still voluntarily deed restrict to no further land divisions and that they had found out when the property was surveyed that 200-300 feet of his lot runs into the road right of way in which he is donating to the Town. Block motioned to approve CSM identified as "C" due to the unique nature of the property and relationship to the water and it preserving the PEC. The motion is contingent upon the applicant deed restricting to no further land divisions, the 200-300 feet identified between circles be dedicated as R.O. W. if not already. If not already conveyed, Steenweg will convey, and the CSM impact fee be paid when building permits are taken out. Motion seconded by Baumgart. Motion carried.

5:50 Road Bids
Langmesser opened the bids for Amon & Sons and Payne & Dolan. Amon's bid came in at $340,094 and Payne & Dolan's bid came in at $324,837. Langmesser explained that there was only $200,000 in the budget for 2007, so he would like to pick the roads that are more in need. Block motioned to award the road bids to Payne & Dolan in the budgeted amount of $200,000 with the work to be dictated by the Town Chairman, seconded by Gauerke. Motion carried.

5:55 Adjourn Board of Review
Gauerke motioned to adjourn Board of Review to June 12, 2007 from 8AM-10AM, seconded by Kacmarcik. Motion carried.

Block motioned to adjourn the special meeting at 5:56 PM, seconded by Gauerke. Motion carried.

Gauerke motioned to adjourn the meeting at 7:50 PM, seconded by Block. Motion carried.

Respectfully submitted,

Heather Stratton, Deputy Clerk

TOWN BOARD MEETING FOR WATERFORD
APPROVED/OFFICIAL MINUTES FOR MAY 14, 2007
6:00 PM AT TOWN HALL

1. Town Board meeting was called to order at 6:00 PM by Chairman Langmesser. Present: Gauerke, Baumgart, Block, Kacmarcik, Attorney Dubis and residents of the Town.

2. Chairman Langmesser led the Pledge of Allegiance.

3. Printed Minutes: Baumgart motioned to approve the Town Board special meeting minutes and regular minutes dated April 9, 2007 as written, seconded by Kacmarcik. Motion carried.

4. Treasurer Report/Payment of Claims- Block motioned to approve the claims as presented, seconded by Kacmarcik. Motion carried. Langmesser read the treasurer's report.

5. Correspondence: None

6. Committee Reports:
a Police Dept. Report- Chief Littmann reported 528 calls and contacts for the month of April. Littmann also reported that most of the buoys were in. Kacmarcik thanked Littmann for all his years of service. Block invited the public for cake and coffee on May 25th.
b Waterways Committee- Bob Hardy announced that they were advertising bids the next two Fridays for the Hwy. 164 project. Hardy also reported that 84 plus acres were sprayed and that he is hoping to get the post spray survey by the end of May or early June. Ted Derse announced that the phosphorus ban bill was before the State and would like the Town to send a letter supporting the ban. Langmesser stated to bring the letter in and the Town will support the ban.
c Park- Langmesser reported that 358 trees were planted at Fire Station 2.
d Road Dept. - Langmesser reported that they will be starting to cut the sides of the roads. Langmesser also announced that the Town just approved the bid for $200,000 in road work for the year.
e Town Planning Recommendations-
§ Pier Permit - Wozniak, 7632 Birch Ln.- Gauerke motioned to approve the pier permit as presented, seconded by Block. Motion carried.
§ Pier Permit- Kosut, 5739 Island View Ct.- Gauerke motioned to approve the pier permit as presented, seconded by Block. Motion carried.
§ Final Plat- Foxwater Bay, Hwy. 164 & Lakeview Rd.- Jeffrey Santaga explained that if the changes were made as shown on the plat, it will be more of an expense to the residents and not as safe. Santaga stated that the edge of the pavement would be right at an incline and they thought they should at least pave to the pumping station. King stated that they had taken into consideration the elevation, curves and steep grade for the 130' of pavement into the private road. Atty. Dan Habeck stated that they had addressed the letters from Novak and Spruitt. Rena Novak, 7850 Lakeview Rd., stated that the Town Board did not get the back part of their letter and gave a copy to Habeck. Ted Derse, WWMD and resident at 5621 E. Peninsula, asked about the status of the conservation easement. Langan stated that there is set verbage regarding the conservation easement in the developers agreement. Langan also stated that the Waukehsa County Conservancy and Land Trust are considering it. Dubis announced that the outlot 5 and the pier issues were agreed upon. William Hott, Racine County Land Trust, stated that the conservancy easement fell apart 2 times. Hott explained to the Board the requirements and financial obligations for holding the easement. Don Novak, 7842 Lakeview Rd., asked about the discussion where they wanted lots 5 and 6 to have their sump pumps pumped out to the front. Langan stated that a letter was sent to the Building Inspector requesting where the sump pumps be discharged on each lot. Karen Novak, 7842 Lakeview Rd., asked if all ponds had aerators. Langan stated that they will be in the two big ponds. Gauerke discussed storm water drainage and wanted to ensure the storm water drainage system will be installed/constructed before any mass grading, roads or utilities goes in. Gauerke motioned to conditionally approve the final plat for Foxwater Bay subject to Town Engineer and Town Attorney approval, developers agreement being executed, restrictive covenance being approved for the West side, articles of incorporation and bylaws approved for the homeowner's association on the West side, agreement made with the Lakeview pier individuals and approved by their attorneys, reaching an agreement with the Cedar Ln. residents and any other concerns addressed at the meetings. If agreements are not reached, applicant may come back no later than the next month's meeting. No permits will be issued until all agreements are taken care of. Seconded by Baumgart. Motion carried.
§ Rezone- Swift, 30802 Waterford Dr.- P-2 to R3-A- Baumgart stated that the reason why the land use plan called for recreation is because it was originally a golf course. Baumgart expressed concern about losing the property to the Village of Waterford. Gauerke shared the same concern and stated that once the land use plan was updated they could possibly accommodate some development at a lighter density. Block motioned to deny based on the rezone not falling within the land use plan, applicant not being present and the zoning and lot sizes as presented not being consistent with the new developments in the surrounding area in the Township, seconded by Gauerke. Motion carried.
§ CSM- Mowka, East of 30518 Mountain Ln.- Gauerke motioned to accept Planning's recommendation for denial. Langmesser called for a second three times. Motion failed due to lack of a second. Block motioned to approve the division into 3 lots as presented based on they comply with the zoning and land use plan, seconded by Baumgart. Gauerke stated that the one lot will be substandard and thought the applicant should be applying for a variance. Dubis stated that County would enforce the setback requirement. Kacmarcik stated that the applicants did originally agree to the two lots when they first came to the Planning Commission. Todd Mowka replied they had misunderstood. Langmesser called for the vote; 3 in favor, 2 opposed (Gauerke and Langmesser). Motion carried.
§ Variance- Schmidt, 7458 Poplar Cr.- Gauerke motioned to approve, seconded by Block. Motion carried.
§ Variance- Richards, 6421 N. Tichigan Rd.- Gauerke motioned to approve, seconded by Baumgart. Motion carried.
§ Moving Building- Doerr, 28745 N. Lake Dr. to 28541 Beach Dr.- Gauerke motioned to approve, seconded by Block. Motion carried.
§ CSM- Baranowski, 28513 E. River Bay Dr.- Dubis stated that he had spoken with County regarding the zoning and the zoning change proposed is not within the land use plan. Dubis stated that the applicant would have to get the zoning figured out first. Gauerke motioned to lay over to June Planning, seconded by Baumgart. Motion carried.
§ Administrative Rezoning District Line Adjustment from A-1 to R-2-Rosenthal, 3122 Buena Park Rd.- Dubis stated he had reviewed and did not have a problem because it was within the land use plan. Gauerke motioned to approve as presented, seconded by Kacmarcik. Motion carried.
7. Old Business:
(a) Appointment of officials- Myron Ciesielski stated he would like to discuss the letter he received regarding not getting reappointed. Langmesser stated he was making his appointments without any discussion. Ciesielski handed a letter to all Board members. Recording secretary did not receive one. Langmesser motioned to appoint the following:
Town Engineer- George King/Crispell-Snyder
Planning Commission- Tim Szeklinski
Town Surveyor- Gary Foat
Town Attorney- Michael Dubis or his designee in his absence for Municipal Court
Building Inspector- L&M Inspections Inc. (Lee Greivell) waiving the residency requirement
Health Officer- Racine County Health Department
Weed Commissioner- Carl Kasprzyk
Animal Warden- Clerk & Treasurer's office
Town Clerk- Tina Mayer
Deputy Clerk/Treasurer- Heather Stratton
Kacmarcik seconded the appointments. Motion carried.
(b) Re-confirmation of Waterford Post as Town's Official Newspaper- Kacmarcik motioned to re-confirm the Waterford Post as the Official Town paper, seconded by Gauerke. Motion carried.
(c) SWRPC Resolution- Block motioned to accept the resolution for local endorsement of the year 2035 Regional Transportation Plan for SE WI, seconded by Kacmarcik. Motion carried.

8. New Business:
(a) Acceptance of Jensen Parkway as public road- Dubis stated he ran the title search and Racine County has as a public road. Dubis stated that it meets all requirements for a Town road and need to make it official. Kacmarcik motioned to accept Jensen Parkway as a Town road, seconded by Gauerke. Motion carried.
(b) Ordinance relating to removal of campaign signs- Kacmarcik stated she would like to change if the Town has to remove the signs. Langmesser suggested 75 hours to remove the signs. Langmesser appointed Kacmarcik to re-draft the ordinance.
(c) Draft procedures for approving new subdivisions- Langmesser appointed Block and Baumgart to work on.
(d) Bartender Licenses- Kacmarcik motioned to approve the bartender licenses for Jennifer Seymour, Mark Kuglitsch, Karen Stern, Kristine Herlache and Denise Kujawa, seconded by Gauerke. Motion carried.

Forthcoming events-

Gauerke motioned to adjourn the meeting at 7:37 PM, seconded by Kacmarcik. Motion carried.

Respectfully submitted,

Heather Stratton, Deputy Clerk

 

E-mail Mary

Back