October 8, 2005 - Public hearing and Board Minutes

VILLAGE OF FALL RIVER
PUBLIC HEARING
BOARD MEETING
Tuesday, October 11, 2005 ~ 7:00 PM
Fall River Municipal Building ~ 641 South Main Street

PUBLIC HEARING ~ 7:00 PM
I. Call to order
II. Petition for Planned Unit Development (PUD) Conditional Use Permit and Petition to Rezone – Herman Kraus, Hickory Grove IV, LLC
III. Petition for Planned Unit Development (PUD) conditional Use Permit and Petition to Rezone – Tom Vogel, JC Landholdings, LLC
IV. Petition to Amend Village Ordinance to add zoning classification R2Z Zero Lot Line Residential
V. Adjourn the PUBLIC HEARING

BOARD MEETING ~ FOLLOWING THE PUBLIC HEARING
AGENDA (is subject to change)

I. Call to order
II. Approve Agenda

III. PETITION FOR PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AND PETITION TO REZONE and Preliminary Plat, Herman Kraus, Hickory Grove IV, LLC – discuss and possible action

IV. PETITION FOR PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AND PETITION TO REZONE, Tom Vogel, JC Landholdings, LLC – discuss and possible action

V. PETITION TO AMEND VILLAGE ORDINANCE 13-1-32 TO INCLUDE ZONING CLASSIFICATION R2Z ZERO LOT LINE RESIDENTIAL – discuss and possible action

VI. GENERAL ENGINEERING
*Kim Johnson – CTH D/Main Street costs
*Planning Commission update
*CSM for Mark Dykstra – discuss and possible approval
*Request from #1 Plumbing for building addition permit prior to CSM approval
*Update on Sidewalk project & assessments, Jungenberg
*Don Borde request to share DNR Permit Costs on Church Street Culvert/Fill
*Update on Steel Road Force Main Project
*Swarthout Road / Quality Court Road Haul Issues
*Any Other Engineering Issues

VII. VILLAGE ATTORNEY
*Bank of Poynette property transfer
*Alliant Energy Agreement
*Revolving loan for Day Care (if ready)
*Any other Attorney issues

VIII. PUBLIC WORKS
*Marshfield Clinic Drinking Water Study Participation Request – discuss and possible action
*PW garage update and any other discussion

IX. POLICE DEPARTMENT
*Monthly Report and any other discussion

X. OLD BUSINESS
*Any old business for discussion

XI. NEW BUSINESS (Continued)
*Mileage reimbursement increase – discuss and possible action
*Tree planting fee added to building permits new construction – discuss and possible action
*Doug and Kirk Waterworth request for planting next year in Industrial Park – discuss and possible action
*Fall River Community Fire District budget and assessments – discuss and possible action
*Bartender applications for possible approval: Kammey Raley and Alexis Rankey
*Any other new business for discussion
*Community Hall – use of tables and chairs rental charge

XII. MINUTES, BILLS AND FINANCIAL REPORT

XIII. PRESIDENT’S REPORT

XIV. ANY OTHER BUSINESS FOR DISCUSSION

XV. ADJOURN

























VILLAGE OF FALL RIVER
PUBLIC HEARING
Tuesday, October 11, 2005 ~ 7:00 PM

President Lubenau called the Public Hearing to order.

Board Trustees present: Schulze, Robbins, Durtschi, Kennedy (arrived at 7:15 pm), and Standke.
Absent: Abegglen
Village representatives: Kory Anderson-General Engineering, Bob Niehoff-Public Works, Brent Van Gysel-Chief of Police, Marie Abegglen-Clerk-Treasurer, Karl Green – Village Attorney.
Guests: Mark Dykstra, Brianna Alford, Megan Alford, Brittany Alford, Candice Nomm-Smith, Tom Vogel, Ron Jungenberg, Pat Hoskins, Beverly Liebenthal, Mary Derr, Herman Kraus, David Liebenthal.

PETITION FOR PLANNED UNIT DEVELOPMENT (PUD) CONDITIONAL USE PERMIT AND PETITION TO REZONE – HERMAN KRAUS, HICKORY GROVE IV, LLC
Village Engineer, Kory Anderson explained the request from Mr. Kraus. This development is on North Main Street, beyond the cemetery and down Lienke Road. This rezoning to a PUD would consist of single family, duplex and multi-family dwelling units and commercial property. All plans have been and are available in the clerk’s office for review.

PETITION FOR PLANNED UNIT DEVELOPMENT (PUD) CONDITIONAL USE PERMIT AND PETITION TO RZONE, TOM VOGEL, JC LANDHOLDINGS, LLC
Tom Vogel explained his request and development. The Phase III would be a PUD with multi-family housing. It is being planned as a senior housing with underground parking. There is also single-family and duplex in the first 2 phases of his development. The properties in Phase I would be owner-occupied. All plans have been are available in the clerk’s office for review.

Bev Liebenthal asked if we knew how many single, duplex and multi-family units are in Fall River. She thought we should know this before adding so many more multi-family in Fall River.

AMEND VILLAGE ZONING ORDINANCE TO ADD CLASSIFICATION R2Z-ZERO LOT LINE RESIDENTIAL TO THE ZONING CODE
The R2Z code would affect the new duplexes that would be built after passage of the ordinance. Those already built would still need to go through the Board of Appeals to be approved.

President Lubenau asked for any comments on any of the issues addressed at the Public Hearing. None heard. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to adjourn the Public Hearing. All Trustees – aye – motion carried. Public hearing adjourned at 7:45 PM.















VILLAGE OF FALL RIVER
BOARD MEETING
Tuesday, October 11, 2005 ~ 7:00 PM
FOLLOWING THE PUBLIC HEARING

President Lubenau called the meeting to order.

Board Trustees present: Schulze, Robbins, Durtschi, Kennedy and Standke.
Absent: Abegglen
Village representatives: Kory Anderson-General Engineering, Bob Niehoff-Public Works, Brent Van Gysel-Chief of Police, Marie Abegglen-Clerk-Treasurer, Karl Green – Village Attorney.
Guests: Kim Johnson, Mark Dykstra, Brianna Alford, Megan Alford, Brittany Alford, Candice Nomm-Smith, Tom Vogel, Ron Jungenberg, Pat Hoskins and Herman Kraus.

APPROVE AGENDA
Two items to add to the agenda: Ladies ask to approach the Board and a fence permit issue for EK Machine. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Durtschi to approve the agenda with the additions noted. All Trustees – aye – motion carried.

LADIES ADDRESS THE BOARD
Megan, Brittany and Brianna Alford approached the Board. They apologized for the vandalism they had done spray painting vulgar words and graffiti in the Village park. They stated they know that it was wrong and assured the Board they would never do it again.

PETITION FOR PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AND PETITION TO REZONE AND PRELIMINARY PLAT – Herman Kraus, Hickory Grove IV, LLC
The GDP has been reviewed by the PC and engineering. The GDP meets the Village Ordinances. A MOTION WAS MADE BY Trustee Kennedy and seconded by Trustee Schulze to approve the General Development Plan for the Planned Unit Development Conditional Use Permit for Hometown Village Subdivision conditioned upon the subsequent submittal and approval of more specific and detailed plans or the Specific Implementation Plan, as each stage of development progresses. All Trustees – aye – motion carried. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Durtschi to approve the preliminary plat, general development plan, declaration of covenants, and construction details with the conditions the developer pay all required review, administrative, and platting fees prior to the preliminary plat approval as well as executing the developer’s agreement and providing the irrevocable letter of credit in a form acceptable to the Village Attorney. All Trustees – aye – motion carried. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Schulze to approve the rezoning of current parcels 508, 509 and 510 from Agricultural to the following: Lot 1 to Business/Commercial district; Lots 24-70 and 81-86 to R-1 Single Family Residential; Lots 9-18 and 71-80 to R-2 Two Family Residential; Lots 2-8, 19-23 and 87 to R-3 Multi-Family Residential. All Trustees – aye – motion carried.

PETITION FOR PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AND PETITION TO REZONE – Tom Vogel, JC Landholdings, LLC
This is a revised GDP for Phase III and has been reviewed by the PC and Village engineer and meets the Village Ordinances. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Standke to approve the General Development plan for the Planned Unit Development Conditional Use Permit for Phase III of Nature’s Place Subdivision conditioned upon the subsequent submittal and approval of more specific and detailed plans, or the Specific Implementation Plan. All Trustees – aye – motion carried. The preliminary Plat has already been approved for the development. A MOTION WAS MADE BY Trustee Kennedy and seconded by Trustee Standke to approve the rezoning of current parcels 80 and 90 from Agricultural to the following: Lots 1-36 to R-1 Single Family Residential; Lots 37-46 to R-2 Two Family Residential; Outlot 6 to C-1 Conservancy, Outlots 9-11 to R-3 Multi-Family Residential, Outlot 8 to B-1 Business/Commercial. All Trustees – aye – motion carried.

PETITION TO AMEND VILLAGE ORDINANCE 13-1-32 TO INCLUDE ZONING CLASSIFICATION R2Z ZERO LOT LINE RESIDENTIAL
A MOTION WAS MADE BY Trustee Durtschi and seconded by Trustee Schulze to amend ordinance 13-1-32 to include the R2Z Zero lot line Classification. All Trustees – aye – motion carried.

GENERAL ENGINEERING
*Kim Johnson – Kim was present to answer questions from the Board regarding the Main Street project. The Board is still not satisfied with the answers we get as to why we lost grant funds because the contractor started early. We had no control over the contractor and yet we were denied a grant because the contractor started before he had approval from the State. Kim stated she had no control or contact with Dept of Commerce and the grant. The only bills that we should still have to pay for the project are administrative for closing the project and she does not have any idea how much that will be. We have surpassed the federal cap and all bills coming in yet should be 100% the Village’s to pay.
*CSM for Mark Dykstra – The PC has reviewed this CSM and has recommended approval. The only changes are reconfiguring the property line between Lot 1 and 2 and the lot line between Lot 3 and 4. A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Durtschi to approve the CSM for Mark Dykstra contingent upon payment of the required application, administrative and review fees. All Trustees – aye – motion carried.
*#1 Plumbing CSM – the building layout on the proposed property addition does not meet Village ordinance setbacks. Easements need to be shown on the CSM. The CSM presented needs some work before it can be approved. Another meeting will be held in October. If they have the CSM completed by then, it is possible to have it approved at that meeting.
*Subdivision Sidewalks – Resident, Ron Jungenberg was present to state the work done on his driveway is not satisfactory and he will protest having to pay his assessment. When a portion of his driveway was taken out, the contractor did not cut through the rebar and when it was pulled out they pulled existing concrete away from it’s location. It is already beginning to heave in that area. He wants to have this repaired and repoured. Kory has contacted the contractor and this is on the punch list of items to be taken care of before any further payment is issued. Jungenberg, as well as most residents are very unhappy with the restoration that was done. President Lubenau assured Jungenberg that his driveway will be fixed.
*Don Borde and DNR permits – Don had agreed to obtain the permits to put in an additional length to the existing culvert. Don has met with the Corp of Engineers. The Village would need to obtain permits for any future work on Church Street. He would like to split the cost of the wetland fill permit and also split the cost of the culvert extension. A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Durtschi to share the costs of the permit and the culvert extension with Don Borde. All Trustees – aye – motion carried.
*Steel Road Force main – The Day Care plans have been reviewed. We could obtain an easement from them to run our small diameters force main under their proposed parking lot. After discussion it was decided to run the force main along the ROW easement and not under the proposed parking lot. It may cost a little more but there would not be a worry of ever having to tear up the parking lot.
*Swarthout Rd – Kory has sent letters to the DOT consultant working on the Ft Prairie bridge project. The heavy trucks using this road have tracked sediment and the DOT will look at the possible pavement settlement that may have been caused by the heavy trucking. Kory will stay in contact and inform the Board of any updates.
LRIP – Street chairman, Ron Kennedy will work with Kory to decide which road should be used for a possible LRIP grant. The 5 year plan will be updated.
*Dam Repairs – Great Lakes Marine still has punch list items to complete. We still have retained @ $9600.00.
*Quality Court Project – This project is complete. We have @ $14,400.00 retained and expect a final pay request soon.
*Herman Kraus addressed the Board to say Thank you for working with him on his upcoming development and that Kory is a good engineer and has been very helpful.

VILLAGE ATTORNEY – KARL GREEN
*Bank of Poynette property transfer – Jeff Clarke said everything was approved and in the mail. The deed has been signed.
*Alliant Energy – they have the agreement and we are waiting for them to sign and return it to us.
*Day Care Revolving Loan Funds – We will be in third position on this mortgage. First will be F&M Bank, second – Columbia County and we are third.
*Karl will separate any items from the bill he submitted for individual billing to second parties involved.

NEW BUSINESS
Doug and Kirk Waterworth would like to rent the Industrial Land that is available next year. They need to complete their paperwork by December 1st to the Farm Service Agency. It was agreed that they would be able to use any portion that is available.

PUBLIC WORKS – BOB NIEHOFF
*PW has been contacted by the Marshfield Clinic Research Foundation to participate in a study to use ultraviolet light to disinfect our drinking water. They provide the equipment that needs to be installed. Bob should check on power costs, (what, how much and who pays). A MOTION WAS MADE BY Trustee Durtschi and seconded by Trustee Schulze to participate in the study. All Trustees – aye – motion carried.
*The garage is not yet complete. Trustee Standke said Jensen will be there next week or the following week to put in the approach. Bob asked Roberts Electric and Central Electric for prices for the electrical. Roberts did not put in a bid. Central will put in the necessary electrical.
O’Brion started scraping at the lagoon and will begin to build up the banks.
Discharging is going well. There is not as much to discharge because of the dry season without much rain.
The railing and curb have been installed at the dam. Bob believes there is a need for another section of railing to be done soon. When the new gate system is pulled, a whirlpool forms at the corner. If someone would get near it, it would easily pull them right in.
Don Miller is not interested in plowing snow this winter. We need someone with a CDL. We should check with O’Brion and the price he would charge. Trustee Standke might be available to help out.
The lift stations have been cleaned. Leaves are being picked up daily. The landfill is open for any hauling their own leaves.
EK Machine wants to put up a fence right along the back of the sidewalk on Main Street. We need to check the ordinances for him.
Bob has vacation time left. He was wondering if he could be paid in lieu of taking the time. He will be needing knee surgery and would like to save some of it for that. He will be allowed to save 10 days for the surgery or use up as soon as possible after the first of the year. He is storing the generator at his house and the agreed upon amount of $100.00 for six months is up in November.
Budget items for next year = new lawn mower and upgrade the Kane Street Well. He should get prices from Layne Northwest to upgrade the well.

POLICE DEPARTMENT – CHIEF VAN GYSEL
*The monthly report was distributed. Calls are still high.
*There are girls doing Community Service at the Fire Department. They will be cleaning out the old ambulance to make it ready for equipment to be put back in.
Brent would like to see another school crossing road sign put in.
The old squad will be kept and used for traveling to meetings. Any department can use it rather than paying mileage for personal vehicle use.

NEW BUSINESS
*Mileage reimbursement – A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Robbins to increase the mileage reimbursement to $.40 per mile, effective now.
*Trustee Standke will get trees to plant in the Industrial Park for $20-$25 for next year.
*Bartenders – A MOTION WAS MADE BY Trustee Standke and seconded by Trustee Schulze to approve the applications from Kammey Raley and Alexis Rankey. All Trustees – aye –motion carried.
*Community Hall – the use of the tables and chairs will be available as previously until further discussion.

BILLS
A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Standke to approve payment of the bills as presented with the exception of the Fehrman Construction bill to be held.

ADJOURN
Due to the late hour a MOTION WAS MADE BY Trustee Durtschi and seconded by Trustee Schulze to adjourn and reconvene on October 18th to finish the Village business. All Trustees – aye – motion carried. Meeting adjourned at 11:15 PM.



RECONVENE October 18, 2005 5:00 PM

President Lubenau called the meeting to order.

Trustees present: Abegglen, Schulze, Robbins, Durtschi, Kennedy and Standke.

Village representatives: Marie Abegglen, Clerk-Treasurer

AGENDA
Add to this agenda - #1 Plumbing CSM. A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Durtschi to approve the agenda with the addition. All Trustees – aye – motion carried.

#1 PLUMBING CSM
The easements have been added to the perimeter and adjusted on the Oelke lot. The proposed construction would need to meet the Village erosion and sediment control ordinance but not the storm water runoff ordinance. The owner is aware that they will need to grade a new swale around the new building addition as the addition will block off an existing drainage swale that traverses the property. A MOTION WAS MADE BY Trustee Schulze and seconded by Trustee Abegglen to approve the CSM contingent upon payment of the required application, administrative and review fees. Before a building permit is issued for the addition, the owner is required to submit for review by the Village Engineer the drainage swale plans. All Trustees – aye – motion carried.

MINUTES
A MOTION WAS MADE BY Trustee Abegglen and seconded by Trustee Durtschi to approve the minutes from 9/13/05. All Trustees – aye – motion carried.

FINANCIAL REPORT
A MOTION WAS MADE BY Trustee Robbins and seconded by Trustee Kennedy to approve the Financial Report for September 2005. All Trustees – aye – motion carried.

LRIP – Trustee Kennedy will contact Kory to add 3 streets to the 5 year plan – Prairie, North Main and Lienke.

PRESIDENTS REPORT
*We can apply for a Comprehensive Planning Grant thru General Engineering. A MOTION WAS MADE BY Trustee Kennedy and seconded by Trustee Durtschi to proceed with applying for a Comprehensive Planning Grant.
*It was questioned how to interpret the building height as our ordinance reads. We need to determine where to begin to base the height on. We should check with the building inspector.
*President Lubenau requested a “no fee” solicitor’s permit for Savanna Oaks Cultural Center to sell raffle tickets. A MOTION WAS MADE BY Trustee Kennedy and seconded by Trustee Schulze to allow Savanna Oaks to solicit without paying the fee for a permit. All Trustees – aye – motion carried.
*Tom Seidlinger has complained about the Industrial area. SPI has lights on the outside of their building that are too bright, Robbins has too many vehicles parked on the road, the trucks leave dirt on the road and he doesn’t like the driveway across from his property.
*Robbins paid all monies due to the Village at the closing on the property purchased in the Industrial Park. Part of the settlement was @ $22,000 for the storm sewer put in at Robbins’s request. We had to use the contractor (McHugh) because of the grant and this additional work was approved through the grant. The total additional work was @$45,000 with the final cost to the Village being $22,000.00. Robbins had a quote for this work at @ $33,000.00. He wondered why Kory didn’t try to negotiate the price with McHugh. And Kory did not include in the additional work @ $5700.00 for rock excavation. Robbins requested President Lubenau to speak to the Board for reconsideration of the amount paid by Robbins. There was discussion but no motion was forthcoming.
*A letter was received from St Stephen’s Lutheran Church. They have received a Memorial Donation in honor of Dorothy Steel to build a bell tower and bell. It would chime at various times and play a hymn daily at 6:00 PM. They wanted to know if it violated any ordinances or there was any objection. The Board did not have any objection.

ADJOURN
A MOTION WAS MADE BY Trustee Kennedy and seconded by Trustee Durtschi to adjourn. All Trustees – aye –motion carried. Meeting adjourned at 6:00 PM.