July 12, 2005 - Minutes June 2005

VILLAGE OF FALL RIVER
PUBLIC HEARING – Request from Dawn Markart, 412 S Main Street, for a Kennel Permit, per Village Ordinance 7-1-3 Issuance of Dog, Cat and Kennel Licenses, (b) Kennel Licenses. According to Village Ordinance 7-1-19, no person or family may own or harbor more than three (3) dogs and/or cats. Her request is to allow for four (4) dogs and three (3) cats.


President Lubenau called the Public Hearing to order.

Board Trustees present: Schulze, Robbins, Durtschi and Standke. Absent: Abegglen and Kennedy.
Village representatives: Bob Niehoff-Public Works, Kory Anderson-General Engineering, Karl Green-Village Attorney and Marie Abegglen-Clerk-Treasurer.
Guests: Sandy Dykstra, Gary Paske, Dawn Markart, Rob Kreger, Diane Ashley, Jeff Slotten, Al Koehler, Brian Cooke, Terry Baaske, Linda Baaske, Heather Robbins, Don Johnson, Jo Johnson, Robert Schirmacher, Paul Scharf, Brian Frank.

Dawn Markart was asked to present her request. She has recently moved here from Madison with her family and pets. She was unaware of the Village Ordinance limiting the number of pets. Her three cats are older and kept inside. She has four dogs, ages one to three years old. They are two Rottweilers and two Pit Bulls. She would not have moved to Fall River had she known of the restriction. But now that she knows, she would like to request to keep her pets. She has a fenced in area that she has for the dogs to be outside.

Following are comments from neighbors and concerned citizens.

*Resident called Columbia Co. Humane Society. A kennel should have running space. Dawn stated her kennel is 12 x 12 and only two dogs at a time are in there. Resident said she thought the kennel looked to be about 6 x 8 and has seen three or four dogs at time in the kennel. They do not have shelter.
*Concern because of the type of dogs that they are. Can hear barking.
*The news continually states cases of people being mauled by Pit Bulls.
*Two of the pets are not spayed or neutered. When dogs are in heat they can become more aggressive.
*Residents are not comfortable walking past that home.
*Three dogs are considered a pack – four is even worse. If together on the loose it would be very dangerous.
*Village Ordinance requires pit bulls to be muzzled.
*Residents appreciate the Village Ordinance limiting the number of pets.
*Some pet owners do not show respect for neighbors and property. Many dogs are let loose and should be leashed.
*The Village is growing and so are the numbers of pets. The numbers should be kept down. Permitting a kennel license which could allow up to 12 dogs is too much.
*The recent case in San Francisco of a 12 year old boy being mauled by the family pet Pit Bull. Many cases of family pet Pit Bulls turning on their owners have been reported.
*Neighbor heard dogs barking, almost sounding as if in pain. Almost contacted the Police Dept but did not. After discovering the types of dogs that they were she put it together.
*There are many residents that walk in town. It is not fair to put them in jeopardy.
*After learning of the request for a kennel permit and the type of dogs, a resident parked on the street just to observe the situation. He heard dogs barking, saw them jumping to the top of the fence. He talked to a neighbor who stated she is afraid to be out of her home. He asked the Village Board to deny the request.
*Another resident-owner of a pit bull does not follow Village Ordinances. Enforcement is lacking. He should be cited for violation. (This resident has been cited in the past). The dog is out and not leashed or muzzled. It is summer and kids are outside playing. Feels it is a very dangerous situation.
*The Police Dept has not received any complaints about the Markart dogs.
*Resident keeps baseball bat at door – just in case. She has seen and heard the dogs bark when someone walks by. She can’t believe the screen door has held them back.
*President Lubenau read a letter received from a resident. Letter stated a relative of hers had Pit Bulls. One of them had to be put down and the current dog attacked and is now kept kenneled.
*Markart has seen other dogs running loose.
*Incidents must be reported to the authorities for them to be resolved.
*Any animal can turn on you – one is bad enough – how would you deal with four.
*Picking up animal feces is ordinance and should be enforced.

A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Robbins to deny the request from Dawn Markart for a Kennel Permit. All Trustees – aye – motion carried.

A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to adjourn the Public Hearing. All Trustees – aye – motion carried. Public Hearing closed at 7:34 PM.






































VILLAGE OF FALL RIVER
BOARD MEETING
Tuesday, June 14, 2005 7:00 PM
MINUTES

President Lubenau called the meeting to order at 7:34 PM.

Trustees present: Schulze, Robbins, Durtschi and Standke. Absent: Abegglen and Kennedy.
Village representatives: Bob Niehoff – Public Works, Kory Anderson – General Engineering, Karl Green – Village Attorney, Marie Abegglen – Clerk-Treasurer, Jim McFarlane – Police Dept.
Guests: Rob Kreger and Brian Cooke from Alliant Energy, Jeff Slotten, Brian Frank, Terry and Linda Baaske, Heather Robbins, Don and Jo Johnson, and Paul Scharf of the Columbus Journal.

AGENDA
The Board acted on the Kennel Permit at the Public hearing and it can be deleted from this agenda. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Schulze to approve the agenda as noted. All Trustees – aye – motion carried.

GENERAL ENGINEERING
Oak Shore East Final Plat – The plat meets all pertinet sections of the Village Subdivision Ordinance. The proposed drainage ditches need to be installed as part of the plat to certify that this work is completed. We would like 2 copies of the final storm water management plan for our files. The deed restrictions and covenants are to be recorded with the final plat. The Planning Commission has recommended approval. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Standke to approve the final plat for Oak Shore East contingent upon payment of all required administrative and review fees. All Trustees – aye – motion carried.
Planning Commission Meeting 5/25 – JC Landholdings presented a revised layout. It was favorably received. They plan to submit a comprehensive preliminary plat at the June meeting.
Herman Krause submitted his PUD package today for the June meeting.
The Planning Commission requested the Village Board to pursue adopting a zero lot line ordinance. The clerk has found a couple of examples from the League.
Gary Oelke has accepted the open position on the Planning Commission. He will be replacing Jim Beaudoin, who asked to be taken off the committee.
President Lubenau has been informed that the State’s mandatory Smart Growth Plan could be changed or eliminated.
DNR Forestry Grant Application – Submittal would need to be done by June 15th. No action was taken at this time.
Dam Repairs – FEMA approved the pier extension and the DNR has given approval of the contractor’s temporary cofferdams. The slide gates have been delivered and installation started yesterday. The concrete repair work started yesterday also.
Quality Court Utility and Street Extension – The DOC has approved the storm sewer extension along Old STH 16 as requested by Greg Robbins. The change order was approved for $45,600, with local share of @ 33%. This amount would be recovered thru land purchase agreement with Robbins. The remainder of the asphalt pavement will be installed over the next few weeks and restoration to follow. The storm water detention plan for Robbins on the proposed land to be purchased is finalized.
Subdivision Sidewalks – About 2/3 of the sidewalks and driveways are finished. Work will continue. Landscaping crews should be coming soon. The Corps of Engineers has permited the wetland fill on Borde’s property. Approx. half on the Lazy Lake sidewalks have been installed by property owners hired contractors. A request was made by Al and Barb Mortensen to leave the driveway as it is due to their handicapped daughter. Kory had reached an agreement with them, but then received notice that they did not want any changes done. Kory provided a couple options for the sidewalk installation. The Village Board does not want to hold the project up any longer, which could happen and they do not want to make it inconvenient for the Mortensen family and their handicapped daughter. A Board of Appeals meeting may need to be set up. It would mean another 3-4 weeks holding up the project.
Future Assessment Projects – Kory provided a cost breakdown for future anticipated projects. The Village’s financial advisor will review and make recommendations.
Steel Road Force Main – This line was televised but was under water much of the way. It is not unusual in this type of main. It did not show any significant damage. There was no evidence of cracks in the pipe. Kory provided 3 options for resolving the problem. 1. Go to Main St and possibly use one of the laterals from the lot on Main St. ($9000) 2. Go across Steel Rd, behind the gas station to the lift station. ($25,000) 3. Go behind properties to Quality Ct. ($24,000) No decision was made. Carl Benck inquired when this would be done. The board hopes to have it done in the fall.
Trustee Standke would like to the Street Committee to meet and look at some of the areas in the Sidewalk Project. Some residents have concerns and they should be addressed. He should set up a time for them to get together.
Terry Baaske has served on the Plan Comm and had recommended that sidewalks be put in at the time of the development. That is the way the Ordinance currently reads and that is what has been done in the Rolling Meadows 2nd Addition. There are a couple areas of the project that the costs have been covered by General Engineering.
The heaving of sidewalks on Main Street was addressed. There are 5 areas that the sidewalk heaved. Bob stated that they are all at the driveway approach and has asked Ptaschinski Const about this. Ptaschinski came and looked at it but could not determine a cause. Expansion in the joints was put in but not as they would have done but as the State Supervisor instructed them to do. It could be because of the cold-thaw-refreeze. Total Concrete repaired a couple of places. One was re-poured and the other was cut and re-laid. That resident is not happy and would like to see it re-poured. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to hire Total Concrete to repair the heaved sidewalks and replace one square at the Dickerson property.

VILLAGE ATTORNEY
Terry Baaske – Terry is interested in Lot 4 belonging to the Village. The property was acquired by the Village in the settlement of the WMM Inc bankruptcy for the Revolving Loans funds that were due to the Village. Baaske has outgrown their current location. There is a Reserve strip on Lot 4 for traffic from Swarthout Rd to the gas station. Part of the agreement when obtaining Lot 4 was that we agreed to leave this open or move it over to the side of the property. Terry asked if he purchased the property, would he have to maintain the strip. The Board thought they would probably have a CSM drawn up that would remove the strip from that parcel and it would remain the property of the Village and Village would maintain it. Terry estimates a new building size of 11,000 – 12,000 sf. There is no water or sewer service to this lot at this time. He has 2 parties interested in his current property. The Finance committee will meet with Terry the week of June 27th.
Ordinance Amendment – There was not a permitted use for a Day Care in the Zoning Code of the Code of Ordinances. Notice was posted for this change. A MOTION WAS MADE BY Trustee Durtschi and seconded by Trustee Schulze to amend Ordinance 13-1-28 B-1 Business/Commercial District of the Zoning Code of the Code of Ordinances of the Village of Fall River to add (46) Licensed Day Care as a permitted use. All Trustees – aye – motion carried. The Ordinance shall take effect and be in force from and after the passage and publication/posting therof, as provided by law (publication by class 1 notice)
Jo Johnson – A portfolio of their current day care facility was provided to each Board member. It was a comprehensive look at their current business facility and philosophy for caring for children. They presented a preliminary plan for the facility. They are looking to purchase 2 lots on the corner of Main St and Steel Rd. They estimate the building to be @ 10,000 sf. The enrollment could be as high as 130. They expect to hire @ 30 employees. The facility would be open from 5:45 AM to 6 PM. Special arrangements can be made for additional hours. They have been working with the FR School for bus transportation. They have received much enthusiasm and cooperation in the hopes of adding a much needed resource to the Village. They would be interested in any funding help through the Revolving Loan program that they could get.
Alliant Energy – The antenna is primarily for their own use. They could supply an agreement for the Fire Dept to use the antenna also. They would not be selling to other companies. Coverage for their own use is the objective. They wish to build a tower or use space on the water tower for the antenna. One ageement with the City of Beloit was provided. They will supply a couple more agreements for us to review. The Finance Committee will review them at their upcoming meeting. Alliant is interested to start as soon as possible.

PUBLIC WORKS
The CMAR Report now has to be done on the computer via the internet. It is substantially complete. The Resolution has changed from the previous format. Bob read thru the new format which details the scores for each area. The overall grade point average = 3.79. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Robbins to approve the CMAR Report/ Resolution as presented. All Trustees – aye – motion carried.
Bob asked the Board if they needed the Village truck for the parade on Saturday. They will need it and Trustee Schulze will supply the trailer. The Board members that are available should meet at the Village Hall on Thursday at 6 PM to work on the float.
The old wooden gates are coming out at the dam. 2-3 gates should be saved. The others can be burned. Pictures should be taken.
Craig passed his water and sewer tests and is now certified.
The hydrant across from the Village Hall can be used for watering the grass at the new ball diamond.
The water tower inspections should be done soon. Bob expects that the Prairie St tower will need to be painted on the inside.
The seal on the tractor is leaking. Parts will cost @ $120.00 plus $700 - $1200 labor. Bob should schedule the repair and get it done.
The new building is scheduled to be here on June 23rd. Trustee Standke reported that there are changes in the design and Owens Co. has thrown in wainscoting, to give the building a nice appearance.
44 pieces of rock should be taken to the Ofstie property.
The former Meyers property has been mowed. We need to bill for 3 hours @ $75.00. The realtor said to just do it. The property is now owned by a mortgage company.

POLICE DEPARTMENT
The monthly report was distributed. Calls continue to be high.
A goat has been seen on the property at the corner of Lazy Lake Drive and North Pass. It should be investigated.
Trustee Durtschi would like a letter sent to the animal activist that attended meetings on behalf of the Diane Moyer. Ther Police Dept has found that they have 2 goats and a goose on their property in the mobile home park. It is a violation of the ordinance variance that was given to them allowing the service goat, Edword. They have received citations for these violations.
Sgt. McFarlane would like some guidance in the area of skateboarding and rollerblading. There are people that are doing this in the middle of the road and causes vehicles to have to move to the other lane to pass them or even coming at them. He was instructed to give a warning and then a citation if seen again. The next newsletter should contain this notice.
Trustee Standke would like the concerns he brought up at the May meeting to be part of the minutes. In early May there was and incident on South Main Street. Trustee Standke was traveling past this area and looked over to see a male in a parked truck with a shotgun pointing into the road and into the passing traffic. He then saw other officers with guns drawn around the house. He was very concerned that the area was not blocked off. He feels the situation was handled poorly.

OLD BUSINESS
Playground Equipment - The Village Board would like to see new equipment in Brayton Park first, then start replacing the old equipment in the Village Park. Brent and Marie met with a rep from Gerber to set up a few ideas for equipment.
School Sign - It has been requested to move the old school sign over to the Mill Race. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Durtschi to allow the school (Booster Club) to move the old school sign over to the entrance to the Mill Race. All Trustees – aye – motion carried. The Public Works Dept should be contacted to oversee the site that is chosen. The Police Dept can be contacted to verify that it is not visually obstructing traffic.

NEW BUSINESS
Employee Certifications – Employee Craig Schultz has passed both the water and sewer tests and is now certified. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to give Craig a $.25 per hour raise for each certification (total $.50 per hour), effective the next pay period. All Trustees – aye – motion carried.
Request for Softball Tournament – The FR Fire Dept will help sponsor the Brian Errthum Memorial Softball Tournament, July 20, 22, 23,24. They have asked permission to use the Brayton Park for this event. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Durtschi to allow the softball tournament on the days listed above. All Trustees – aye – motion carried.
Liquor License Renewal – Applications on file:
CLASS B Fermented Malt Beverages and Intoxicating Liquor
Mary Ellen Jones 519 S Main St Hartt’s Tavern
Shirley Wellnitz 310 N Main St E-Z Axis
Ken & Julie Koch 115 Dykstra Dr Sports Page Bar & Grill
Mark Watters 187 Ingalsbe, Columbus Fall River Community Center
A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Durtschi to approve the licenses as stated above. All Trustees – aye – motion carried.
CLASS A Fermented Malt Beverages and Intoxicating Liquor
Karamjit Pangli 141 Cardinal Ln P&B Petroleum d/b/a Mobil Mart
We have received notice from Frank Liquor Company, Inc, Middleton, WI that Mobil Mart has unpaid liquor bills. We have not received a release from them. According to WI Stat 125.33(7)(b), a license cannot be issued if there are outstanding bills for either beer or liquor for more than 15 days until the clerk has received confirmation that they are paid. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to deny the renewal of the license to Karamjit Pangli, P&B Petroleum, d/b/a Mobil Mart unless we received verification of paid liquor bills by June 30, 2005. All Trustees – aye – motion carried.
Bartender license applications – Applications on file:Bhupinder Singh Bopari, Heather Grebel, Noel Neuman, Sukhpal Kaur, Balwant Singh, Peter Retzlaff, Dianna Dykstra, Brenda Gehrman, Terra Harris, Corrine Schmitz, Tina Wolf, Kathleen Dowdle-Webb, Lloyd Abegglen, Darlene Jones, Kevin Wopat, Josh Wakeman. A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Robbins to approve the bartender licenses for the above applicants. All Trustees – aye – motion carried.
Sellers Permit Ordinance – The current Ordinance states a fee of $10.00. Upon recommendation of the Police Department and the Clerk we should consider increasing this to $25.00 and limit the term to 3 months. This should be posted and published as required and acted upon at the next Board meeting.

PRESIDENT’S REPORT
Pres.. Lubenau will be meeting with Grothman Surveying and Robbins Mfg next Tuesday at the site of the land that Greg Robbins is interested in purchasing.
Farrel Jourdan is still interested in industrial property and the property owned by the Village currently used as the recycling center with the railroad spur. There was discussion on where the recycling center could be moved to. A possibility is the far end of the parking lot just past the railroad tracks. No decision was made.

MINUTES, BILLS AND FINANCIAL REPORT
Minutes – A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Durtschi to approve the minutes of the May 10th meeting. All Trustees – aye – motion carried.
Financial Report – The financial report for April is complete and presented with the May report. There is Certificate of Deposit for Revolving Loan Funds coming up for renewal on June 16th. This should be redeemed and sent to the LGIP until needed by prospective businesses. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Durtschi to approve the financial reports for April and May, redeem the CD at F&M Bank and send the revolving loan funds to the State Investment Pool. All Trustees – aye – motion carried.
Bills presented for payment – A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Durtschi to pay all bills as presented. All Trustees – aye – motion carried.

OTHER BUSINESS FOR DISCUSSION
A letter was received from Adams-Columbia Electric requesting a village representative to a committee. President Lubenau appointed Ron Abegglen to this position.
Trustee Standke stated he would like find a time to pick up trees to be planted in the industrial area around the residential home that is there. The trees would be 2-3 feet and cost @ $20 - $25. Dale will call to see if they are available to be brought down soon.
The sidewalk issue at the Mortensen property was revisited. It is holding the project up and it could be that the situation may not be resolved before the contractor leaves town. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to allow the variance request from Al and Barb Mortensen to leave their driveway as is. The Village Attorney should check to see if there could be an attachment or some legal document to that property that would state that it can remain as is until the property is no longer occupied by the Mortensens and their handicapped child. All Trustees – aye – motion carried.
The Clerk suggested adding another phone line. The Clerk is to get a cell phone thru the Govt program we are on.
Dan Carr, a Ft. Prairie resident asked if the Fire Dept tanker could be brought to his home to fill their swimming pool. He would give a $100 donation to them. The Village Board does not have a problem with that. He will need to contact Eugene Adam.
The Clerk requested 2 more filing cabinets for the clerk’s office. Trustee Durtschi has a couple that he has for sale. The clerk will go look at them.

ADJOURNMENT
A MOTION WAS MADE BY Trustee Durtschi and seconded by Trustee Schulze to adjourn. All Trustees – aye – motion carried. Meeting adjourned at 12:23 AM, 6/15/05.