TOWN OF WALWORTH

1301 Town Hall Road
P.O Box 386
Walworth, WI 53184
262-275-5908


Tuesday August 14, 2007 Town Board Meeting Minutes
August Regular Board Meeting Minutes

DRAFT MINUTES FOR REGULAR MEETING HELD ON AUGUST 14, 2007 AT TOWN HALL, N1301 TOWN HALL ROAD, WALWORTH, WI 53184

MEETING CALLED TO ORDER AT 6:30 P.M. BY CHAIRPERSON JOE ABELL

ROLL CALL ¡V ALL PRESENT ¡V Chairperson Joe Abell, Supervisor Larry Austin, Supervisor Bill Pearce; Also Present ¡V Treasurer Marisa Nor, Clerk Erin Cates, Road Superintendent Mike August; Audience Members. Pledge of Allegiance was said.

AMEND AGENDA: „« None.

APPROVE MINUTES FROM MAY MEETING: „« Amend minutes to read that Kevin Kynell will have no further changes to his conditional use permit. Motion made by Bill Pearce to approve July 10, 2007 minutes. Larry Austin seconded motion. Motion carried 3-0.

PLAN COMMISSION REPORT GIVEN BY DIANE VOSS: „« Tom Kauer conditional use request, posted sign and informed of increase in herd size and large building. Tom Kauer presented paperwork and inspector signature. „« Plan Commission heard public comments regarding the Covered Bridge Development.

PUBLIC COMMENTS: „« George Kirkpatrick stated that he lives one mile east of the Covered Bridges Development and is in favor of the development. George stated that he believes the development is a positive thing and he is concerned of the misrepresentations of the petition being passed around. George pointed out that the other multi-family units do exist in the township and in the area of the Covered Bridge Development. George stated that he did go visit the Ecolane Development and it was high quality. „« Todd Wrzinski stated that his father in law farmed the area of the Covered Bridge Development. Todd stated that he couldn¡¦t see anyone who could afford the homes and can¡¦t see how it will give the Town of Walworth a tax break. Todd stated that he does not think the town needs the development. „« Richard Rasmussen stated that the property tax impact will not be known until the development is built. Richard read a quote from an article where Bob Clemen commented on roads/funding. Richard stated that he is not aware that the township road funds are behind. Richard also spoke that the land doesn¡¦t have a large risk of being annexed. Richard pointed out that the Board doesn¡¦t have to approve what they see but should approve what is best for the township as a whole. Richard stated that maybe if there were no duplexes, the plan would appeal to more citizens. „« Joe Robathum stated that you can¡¦t preserve farm land by building a 1 or 5 acre home site. Joe stated that if you build the Covered Bridges Development you would preserve more farmland. „« Terry Hackett stated that he was concerned originally that the villas were close to his property line. Terry stated that Bob Clemens had worked with him and his family very well and feels that it would be a good development. „« Tom Kauer stated that he has to haul manure the next couple weeks as his burm is full. „« Judy Cowley stated that the concern is that the proximity of the buildings from each other and this is dangerous. Judy stated that the population concentration is going to add 50.6% increase of population size or 30.2% of homes in Walworth Township on 140 acres. Judy also stated that this presentation from Bob Clemens is just a ¡§wish list¡¨ of things he wants. „« Joan Slaven stated that she lives in Minnesota but came to tell the Board that there is too high of a concentration of villas. „« Terry ________ stated that there is a concern of duplexes and density and what that means for future developments. „« Jason ________ stated that he is not for or against the development but the duplexes are high density and maybe we should weigh the options of developing less duplexes. Jason stated that developing is inevitable and can¡¦t be stopped and at least Bob Clemens is willing to work with the citizens. „« Glenn Feltham stated that he would rather see Bob Clemen build in the current location than on the prairie land and thinks it is good for the township. „« Baily _________ stated that homes and manure don¡¦t mix and that it should stay farmland. „« Tom Lincoln stated that the duplexes are too dense and wants the land to stay rural. „« Jerry Schoberg with Home Design stated that he has lived here almost his whole life. He stated that he is in favor of low density home sites and that he has land he has rezoned for low density home sites. Jerry stated that there is a need for a development but at a lower density. Jerry stated he likes the fact that Bob Clemen is a local developer and in his opinion he would cut the number of homes in half in the development. Jerry stated that if we open the doors to building track homes, more developers will come in and build more developments. „« Dana Evans presented a petition of 188 signatures against the development. Dana summarized and handed the Board copies of the petition and stated that Larry Austin may have a conflict of interest in the Covered Bridges Development because he is on the Board at Walworth State Bank which is funding the development.

OLD BUSINESS: COVERED BRIDGE DEVELOPMENT: „« Covered Bridge Development plans were presented by Bob Clemen. Bob asked for a 140 acres and approval of a concept plan and a rezone to R-5. Bob stated that the re-zone to an R-5 would allow the town and county to have a higher degree of control over the development. Bob presented that on the west side 75 acres he would build 74 homes or approx. one home per acre and sewer will be available for the homes. Bob stated that it would be improper to use sewer on 3 or 5 acre home sites. Bob stated that the 15 acres of woods in the center would be preserved. Bob stated that 61 acres will be permanent open space to help preserve the rural atmosphere and control the density. Bob stated that the land use plan for this particular area is approved for development since 1997. Bob stated that on South Shore Drive, 7-8 homes are on one acre and 6 units per acre in other areas around the Covered Bridge Development. Bob stated that the closer he puts the villas the more rural the feel is of the area. Bob stated that the Town of Walworth has a long range plan approved for 325 units and the Covered Bridge Development is only 210. Bob stated that there will be approx. 12 miles of hiking trails and permanent green space. Bob also stated that he talked to the Sheriff of Walworth County and the Sheriff stated that there will be not lapse in police coverage for the development. Bob stated that he has funding in place for the project and he is not a ¡§front man¡¨ for Shodeen. Bob stated that he does not own Glenn Feltham¡¦s property and is not developing on it. Bob stated that no one in the surrounding homes will be forced or required to switch to sewer and water. Bob stated that the homes are not 15 feet apart because the County does not allow that. Bob stated that there will be no rental units and that it is in the Fontana School District. Bob stated that this will be a development based on farmland preservation. Bob stated that the sewer line stops at North Walworth Road and it would be very difficult to extend it past that without approval of the sewer, Walworth Township and the County. Bob stated that no lots back up to the town roadways and they will be all private roads. Bob stated that there will be approx. $134, 000 in revenue and that the density is 100 units less than the town¡¦s approved land use plan. Bob stated that there will be minimum impact to traffic flow and that the neighborhood will get higher property values. Bob stated that it will greatly improve storm water management and create a cleaner Delavan Lake by reducing silt and chemicals. Bob stated that the development will prevent urban sprawl and utilizes the current sewer and water service. Bob stated that this is farmland preservation. Joe Abell called a recess at 7:55 pm and reopened the meeting at 8:00 pm. Larry Austin stated that he has not done anything wrong regarding being on the Walworth State Bank Board. Larry stated that Walworth Bank does not have any interest in the development and that he has nothing to gain or lose if he votes on the Covered Bridge issue. Larry stated that Bob Clemen has to apply to Walworth State Bank for a loan and other banks will be competing for the loan for his project. Larry stated that he is not vested in the property and has nothing to gain or lose by voting for or against the matter. Bill Pearce stated that because he is a farmer it is hard to farm land that is in a small area. Bill stated that he talked to some Echolane residents and they were happy with their homes. Bill stated that he too does not want to lose farmland. The Board was presented plans by Richard Torhorst the town attorney and Bob Clemen. Richard stated that the most current plan should be looked at regarding paragraph #5 in ¡§suggested conditions for conditional use permit¡¨ presented to the Board. Richard stated that there was an additional suggestion to address landscape. Richard stated the density was below the 2010 plan for the township. Larry Austin stated that his concern was line 171 and 172 on the application of cumulative home buildouts and if Bob builds only a certain number of homes on year that he can¡¦t add additional homes the following year. Richard Torhorst stated that this clause is common but not absolutely necessary. Richard stated that perhaps a fraction of those homes cumulatively built could roll over each year. Richard suggested that the wording change to not read ¡§cumulative¡¨ but ¡§never more than 150% of that phase year¡¨. Bill Pearce stated that line 177-178 is a good amendment. Richard stated that additional conditions should include specifications to build single family homes subject to approval by the town board and add ¡§no construction entrance off N. Walworth Road¡¨. Larry Austin stated that he wanted to address citizen concerns and that the Board will not make a decision based on Fontana Schools needing more kids or tax implications or development. Larry stated that the Town¡¦s budget is currently okay. Larry stated that annexation is currently a problem and we have lost a lot of township land to annexation. Joe Abell stated that we have lost a lot of farmland to annexation to the Village of Walworth and Fontana. Larry Austin does think that the development fits Walworth Township because of the higher density homes on South Shore Drive. Larry questioned as to if a moratorium can be put into affect to prevent other large scale developers from coming in. Richard Torhorst said we could develop a land division ordinance to slow down growth in the township that would stand up to County ordinances. Bill Pearce questioned as to if this is a true conservation development. Richard stated that yes it was. Richard stated that it has plenty of open space and more condensed units with sewer. Richard stated that it prevents urban sprawl by keeping conservation of subdivision. Larry Austin stated that since citizens are against the duplexes that he would like to see a plan that places single family homes where the 6-7 duplexes are facing North Walworth Road and puts those duplexes in the back of the development closer to South Shore Drive. Bob Clemens stated that if he were to eliminate those duplexes completely without just moving them he would have to compensate for the loss by altering the open space to allow for single family homes. Bob stated that he can landscape to maintain rural atmosphere and maintain open space. Bob suggested that the town board and adjoining property owners meet with engineers to discuss landscaping. Bob stated that he could put single family homes along North Walworth Road and put the villas in the back along the South Shore Drive side keeping with the higher density along South Shore Drive homes. Richard Torhorst stated that the Board can approve the conditional use to say that the villas along North Walworth Road will be switched to single family homes and the villas switched to the South Shore Drive side. Richard stated that this can be done at Plat time. Richard stated that the township is protected if we chose to approve the conditional use to say plat will be modified to move southeast corner villas to the northwest corner and the homes in the northwest corner to the southeast corner. Richard stated that zoning and conditional use are two different things. Jim Vandresser thinks that the Board should wait to act until they have an actual plan they support. Bob Stewart stated that it took him six months to get a rezone and that Bob Clemens can wait. Bill Pearce made a motion to change the conceptual plan to switch the villas with single family homes as discussed, Larry Austin seconded, motion carried 3-0.

VIRGINIA HALL HWY 67 ROAD DEDICATION LETTER OF APPROVAL: „« Table to next meeting.

TOM KAUER CONDITIONAL USE PERMIT: „« Tom Kauer presented his plans for a conditional use permit increasing the number of animal units. Tom presented paperwork and five worksheet ruling for the county and state. Tom stated the Plan Commission approved. Larry Austin made a motion to approve the conditional use permit, Bill Pearce seconded, motion carried 3-0.

INTERNET SERVICE PROVIDER: „« Table to next meeting.

BUDGET AMENDMENT RESOLUTION: „« Marisa Nor presented the resolution. Larry Austin questioned if the $10,000 from the new vehicle fund to the highway fund. Correct to read $15,000. Larry Austin made a motion to approve the budget amendment resolution with $15,000 going from the new vehicle fund to the highway fund, Bill Pearce seconded, motion carried 3-0.

TREASURER REPORT „« Marisa Nor reported that we had received building permit revenue, state fire distribution, Sue Emerson restitution. Marisa stated she invoiced Fontana/Walworth Sewer District. Marisa stated she is having laptop problems. Erin Cates stated she would give to her brother for repair. Larry made a motion to approve the treasurer report, Bill Pearce seconded, motion carried 3-0.

CLERKS REPORT „« Erin Cates reported on Covered Bridge requests.

CITIZEN CONCERNS „« Joe Abell stated that he received a call regarding concern over solicitation for the Covered Bridge Development.

SAFETY UPDATE „« Larry Austin stated that the fire signs will go up on one last run. „« Larry Austin presented messages. „« Larry stated that the fire truck cannot be used to fill pools due to chemicals. „« Larry stated a committee for fire/rescue contract discussion.

ROAD/BUILDING „« Bill Pearce discussed the road and landscaping.

APPROVE BILLS „« Larry Austin made a motion to approve the bills, Joe Abell seconded, motion carried 3-0.

NEXT MEETING WILL BE HELD ON SEPTEMBER 12th at 6:30 pm at WALWORTH GRADE SCHOOL.

ADJOURNMENT „« Larry Austin made a motion to adjourn the meeting, Bill Pearce seconded, motion carried 3-0.

MINUTES RESPECTFULLY SUBMITTED BY: ________________________________________ ERIN CATES, TOWN CLERK


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