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February 9, 2010 Joint Town Board, FSD#2, CKSD#2, and Planning & Zoning Meeting Minutes
TOWN OF FULTON
2738 W Fulton Center Dr. Edgerton, WI 53534
Tuesday, February 9, 2010 @ 6:00 PM
Joint Meeting with Town Planning & Zoning Committee and Town Board & FSD #2 & KSD#2
MINUTES
1. Call to Order – Joint Meeting of TB & PZ by Chairman Sayre at 6:00 pm. Present were Sayre, Hull, Farrington, Brown, Lichtfuss, Clift, Rebman, Walton, Guisleman, and Clerk Zimmerman
2. Confirmation of Meeting Notice for Joint Meeting of TB & PZ – Zimmerman confirmed the notice was posted at CKSD, Carl’s Shell, Fulton Town Hall, and Town of Fulton’s website on 2/1/2010, and published in the Edgerton Reporter on 2/3/2010.
3. Approval by PZ and TB of Agenda for Joint Meeting – Motion (Walton, Guisleman) to approve the agenda. Carried. Motion (Hull, Farrington) to approve the agenda. Carried.
4. Approval by PZ, and TB of Joint Meeting Minutes for Jan. 12, 2010 - Motion (Guisleman, Rebman) to approve the PZ portion of the minutes from 1/12/10. Carried. Motion (Hull, Farrington) to approve the minutes of 1/12/10. Carried.
5. Public Participation
A. Rick Richard – candidate for State Senate – not here. There was no other public participation.
6. Discussion re: Permitted uses and Conditional uses in zoning districts – Property owner Georg Becklar advised he would like to open a one man business at his home for woodworking – the making of furniture and cabinets. He advised it wouldn’t be a full time business. He advised this would be out of his garage building which is already on his parcel. He advised what they want to do is not a permitted or conditional use in their zoning district. Zimmerman advised the use is allowable in the M1 zoning districts, but it is not permitted in A1 zones, which is what their parcel is zoned. Becklar advised his property is located on N. Dallman Rd. Sayre asked how many acres he has. Becklar said he has 1.18 acres, but advised they aren’t sure why it is A1 zoned. Walton advised it is an existing non-conforming lot. Becklar advised they are trying to do everything legal and correct.
Sayre advised this is an issue the board needs to review. He advised that our ordinances were put together approximately 30 years ago, and in today’s day and age, things have changed. Sayre advised in this day and age there are all kinds of businesses that can be run out of a garage or house, and they are viable businesses, and it won’t bother your neighbor a bit. He advised in the grand scheme of things we should consider reviewing our permitted and conditional uses to see if they need updating. He advised he isn’t saying that everyone can have a yard full of junk cars and that kind of stuff, but advised again that there are viable businesses that can be run out of a home that don’t bother anybody.
There was discussion about the size of Becklar’s lot being under 3 acres, and that if it were zoned RR, they could apply for a CUP as a home occupation. It was decided that they should apply for a CUP and re-zone and the board will consider the rezone of the parcel at the same meeting. Brown asked if a variance could be issued instead. Lichtfuss advised this would be a self imposed hardship and we cannot give a variance for land use.
Sayre asked if the board wants to review the permitted and conditional uses to update it. Walton suggested possibly putting 425-39(C)(1), and possibly (c)2 could be added to all zones that residents can be on and in reviewing the ordinances it appears it would only be necessary to add it to A1 and A2 zones. Hull advised that the home occupation is sufficiently vague so we can use it. He stated the overall thing that we really want to look at is if they want to do something that is going to disturb the neighbors, then that is a different story. Sayre advised that we will try to clean this up at our next meeting.
7. Reports
A. Police - Sayre advised the January report is in the packets.
B. Water Utility – Rebman advised we have had very few breaks in the lines, and advised we had one last month which was after the meter. Zimmerman advised a snow plow hit a hydrant today and water was spilling out. She advised she contacted the H20 Operator and he took care of it.
C. Building Inspector – Zimmerman advised that only one electrical permit has been issued this year so far.
D. Lake District – Brown reported that a document was signed this week called Planning Assistance to the States Agreement between the Dept. of the Army, RKLD and Dept. of Natural Resources. He advised it ties down and implements all the planning projects that are going to proceed for all the wonderful things that are going to happen on the lake. Brown also advised there is nothing more on the court appeals on the lake levels.
E. Boat Patrol – Farrington advised there is no meeting until spring.
F. Fire District – Sayre advised they met last week and decided they would probably abandon the idea of trying to get a grant for the expansion of the fire department. Sayre also advised last year the Town notified the residents on Brown Rd. of the hazardous issues of Brown Road, and asked the residents to make the much needed improvements for safety reasons. Sayre reported there was a chimney fire on Brown Rd. a few weeks ago, and the FD has since sent out another letter to all residents. Sayre advised the FD included a copy of the town’s ordinance for dedicating a road so the residents know to what specs the road has to be at before the town will accept it. Sayre also spoke about the Town of Fulton road names being similar, such as Lakeview and Lakeside, and indicated that these can get confusing when emergency personnel is dispatched. Sayre advised he would like the board to make sure when new roads are built to make sure the name of them aren’t similar to the names that we already have. Hull suggested that in the future they might have to go to GPS coordinates for the calls that come in.
G. CKSD – Lichtfuss said there was another construction meeting for their upgrade. She advised everything is on target. She advised the equipment is being manufactured, and they are starting to get things delivered. Lichtfuss also advised they addressed the Applewood issue at their last meeting, and Strand was given permission from the board for Paul Dries to work with Attorney Schroeder.
a. Review 2nd draft letter written to CKSD board reference engineering firms by Chairman Sayre. Sayre explained the draft letter basically says if CKSD has another large project, and we have to guarantee over 1 million dollars then the engineering should be bid out. Sayre advised also in the draft letter to CKSD is their ordinance, section 8 indicates that would have to use CKSD’s engineer, and the letter asks that CKSD reconsider this, and allow developers to submit for consideration, use of a different engineer. Sayre advised people/developers should have their choice of engineers. Sayre advised he will send the letter to CKSD tomorrow if the board doesn’t have any issues with it. The board indicated they didn’t have any other issues with the letter, and to go ahead and send it.
H. Fulton Sanitary District #2
a. Approval of bills and financial documents – Zimmerman advised we received Attorney Schroeder’s invoice after Lynne did the FSD#2 reports. Zimmerman advised the bill for $151 from Attorney Schroeder needs to be added to the bills to be paid for this month. Motion (Hull, Farrington) to approve the bills and financial documents with the addition of the Attorney Schroeder bill of $151. Carried.
b. Discussion/Possible action re: Request from Scott Berg on behalf of all property owners requesting reimbursement for the annexation costs for Applewood Subdivision. – Sayre advised they are working on it, and Strand and Atty. Schroeder are discussing the issues.
8. Adjourn P&Z – Motion (Guisleman, Clift) to adjourn the PZ portion of the meeting. Carried.
Town Board
9. Renewal of Manufactured & Mobile Homes Licenses – Zimmerman advised that all paperwork has been turned in and completed by each mobile home owner, and the fees have been paid. She advised she also obtained copies of the inspections from the Rock Co. Health Dept. and all passed their inspections. She advised that none have delinquent utilities, and their taxes are paid to date. Motion (Hull, Brown) to approve the licenses. Carried.
10. Consideration/Approval of New Operator’s Licenses –Natalie Sikorski – Zimmerman advised all paperwork was in order, and she passed her background check. Motion (Farrington, Brown) to approve the operator’s license for Sikorski. Carried.
11. 2010 Joint Powers Agreement with 911 – Sayre advised nothing has changed from last year for this year’s agreement. Motion (Farrington, Brown) to approve and sign the 2010 Joint Powers Agreement w/911. Carried.
12. Discussion re: Letter mailed to RRLE Board of Directors last November addressing permanent residency – Sayre advised this letter was mailed out last November. Sayre advised the contents of the letter addressed resolving the permanent residency issue on their own, and that the Town Board requests the resolution include an effective enforcement policy. He advised it also states that the board is basing their requirements for RRLE to resolve the permanent residency issue on the fact that it was a condition for approval of the original PUD and plat for the second addition to RRLE previously approved by the count. Motion (Hull, Farrington) to acknowledge that the board reviewed the contents of the letter and approved it. Carried.
13. Resolution #2010-1 to Oppose DOR County Assessment Proposal – Brown explained at the last Towns association meeting they had discussed this and advised the county wide assessment proposal is a terrible idea. He reported this has been taken off the table at the last legislative session; however, indicated we should still approve the resolution. Motion (Brown, Farrington) to adopt resolution 2010-1 – to Oppose DOR County Assessment Proposal. Carried.
14. Resolution #2010-2 recognizing the importance of the 2010 Census. – No Discussion. Motion (Farrington, Brown) to adopt the resolution #2010-2 recognizing the importance of the 2010 Census. Carried.
15. Discussion/Possible action of Draft RFP for Town of Fulton brushing work to be done in 2010. The board reviewed the draft RFP. Motion (Brown, Farrington) to advertise for the bids. Carried
16. Discussion re: Michigan Drive, blacktop thickness – Sayre advised that he talked at length with the county engineer about Michigan Dr. He advised Michigan Dr. was completed in early December. He advised it will be paved when it settles down in the spring. Sayre advised in Rock County they have a policy where the roads in subdivisions will be 5 ½” of black top. Sayre advised he spoke with Ken Veitch and the County engineer, and both of them feel that probably isn’t necessary. He advised you should put down 5 ½” of blacktop overall, but when it’s rolled out, it ends up being 4”. He stated they are stating that in some subdivisions when they get ½ done, you first blacktop it, and when half the houses are up, a second lift would be applied. Sayre advised by that time the first lift is already “beat up”. Sayre advised their may not be any building on that road for a year or two. Sayre advised this is just a connector road, and we are thinking when it calms down, they need to black top it and bring it up to speed, and it should be 4” and instead of demanding they come back in and put the last lift on it, it should be specified that the developer pays for the crack sealing, and said we would hire the company to do it and have it done to our specs and this would be done within a 6 year period, and after it is crack sealed, then wait a year and go back and chip seal it. He advised this would be the developer’s responsibility instead of making them put the third lift on it. Motion (Sayre, Hull) to have the developer pave the 4” and then when we specify within a 5 yr. period the developer pays for the crack sealing, after 4” of blacktop has been applied, and the following year then it will be chip sealed or something comparable. Carried.
17. Discussion/Possible action re: Posting weight limits on roads – Sayre advised it is still a little early, but it is possible that we need to post the roads before the next meeting. Brief discussion. Motion (Hull, Farrington) to authorize the chairman to post the roads based on county input when deemed necessary. Carried.
18. Pay Bills/Sign Checks – the checks were handed out to be signed.
19. Approval of Voucher List and Financial Statement – Motion (Brown, Hull) to approve the voucher list and financial statements.
20. Correspondence – Letter from Batterman re: Exclusive Ag Zoning and Farmland Preservation. – Sayre advised we could hire them to consult us for the Exclusive Ag. Zoning and Farmland Preservation. He advised there is quite a change in how we will be handling Farmland Presentation. Farrington advised the fees charged will be going towards purchase development rights. Farrington advised if someone wants to take property out of A1 zoning, it now can get very expensive. Brown stated that the Town can also implement another Fulton tax, provided we use it also for Farmland Preservation. Zimmerman advised Rock County also has sent us a letter in reference to the working lands program and the town’s obligation. Zimmerman advised that towns are required to undertake findings of fact and collect conversation fees for any lands rezoned out of A1 zoning; towns are required to track the number of acres rezoned out of A1 zoning, and submit the data by March 11, 2011; towns are required to calculate all “base farm tracts” located in their A1 zoning districts, and that towns must recertify their A1 zoning districts by Dec. 31, 2011. Zimmerman advised the letter from Rock County Planning & Zoning indicates the County will offer services in aiding towns to meet the new requirements if we contact them and advise them we would like their help. Zimmerman asked if she should contact the County to see what help they could provide. Sayre also asked if we should contact Batterman and have them give a proposal. Farrington and Brown thought it would be best to contact the county for their assistance because we have a good working relationship with them.
21. Adjournment - Motion (Hull, Brown) to adjourn at 7:25 pm. Carried.
Submitted by,
Connie Zimmerman, WCMC
Clerk/Treasurer
NOTE: These minutes are not official until approved by the Town Board and Planning & Zoning Committee.
Archive:
September 7, 2010 Joint Town Board, FSD#2, KSD#2, and Planning & Zoning Committee Minutes
August 10, 2010 Joint Town Board, FSD#2, KSD#2, and Planning & Zoning Committee Minutes
July 19, 2010 Water Utility Meeting Minutes
July 6, 2010 Joint Town Board, FSD#2, KSD#2, and Planning & Zoning Committee Minutes
June 21, 2010 Water Utility Meeting Minutes
June 17, 2010 Special Town Board Meeting
June 8, 2010 Joint Town Board, FSD#2, KSD#2, and Planning & Zoning Committee Minutes
June 1, 2010 Special Town Board Meeting
May 17, 2010 Water Utility Meeting Minutes
May 11, 2010 Board of Review (adjourn to later date)