TOWN OF WALWORTH

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


Wednesday September 12, 2007 Town Board Meeting Minutes
September Regular Board Meeting Minutes

DRAFT MINUTES FOR REGULAR MEETING HELD ON SEPTEMBER 12, 2007 AT WALWORTH GRADE SCHOOL 121 BELOIT ST, WALWORTH, WI 53184

MEETING CALLED TO ORDER AT 6:35 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. Joe Abell questioned of proper notice of meeting posted, Erin Cates confirmed.

AMEND AGENDA: „« None.

APPROVE MINUTES FROM AUGUST MEETING: „« Amend minutes to read that $15,000 from new vehicle fund to highway fund. Larry Austin made a motion to approve with correction, Bill Pearce seconded, motion carried 3-0.

PLAN COMMISSION REPORT GIVEN BY DIANE VOSS: „« Roman and Mary Kamin request for land use, formerly Dick¡¦s Repair. No employees will be hired. Plan Commission approved with no employees. „« Miscellaneous correspondence with Fontana Ridge residents regarding the Brick Church LLC. Liquor license.

PUBLIC COMMENTS: „« George Kirkpatrick commented on Covered Bridge Development and its impact on taxes towards school. Stated that it should be a consideration for the Board in their decision process the same as if we had to spend money. George stated that he is in favor of the development that it would bring revenue to the township and to vote in favor of the development. „« Carl stated that the Covered Bridge Development has no exit onto North Walworth Road and wondered why. He questioned as to if we are helping with roads and protection services and how will this help Delavan Township. Joe Abell responded that Walworth Fire and Rescue respond to calls and the County provides police protection. „« Ed Bromeland stated to vote against the development. „« Janice O¡¦Conner stated that she had lived in the area for 30 years and would prefer to leave the land vacant. She urged to have an exit on North Walworth Road because it is less busy than South Shore Drive. „« Grace stated she is against the project. She stated that there is a private subdivision road across the street and it¡¦s a possibility that CBD traffic might cross over the bridges waterway and there is no way to control the weight and traffic. „« Mary Bayley wrote a letter to the Week newspaper and stated that once the land is zoned A-1 it should remain the same and if the Board wants to protect the land, they need to keep the zoning A-1 and A-2. „« Liz Lucas stated that she is privileged to live in Wisconsin and if we do allow the Covered Bridge Development would there be any consideration for a bike path along South Shore Drive because it would be beneficial. „« Judith Cowley opposed to Covered Bridge Development from 210 to 202 units is not acceptable. She does not want duplexes and homes are not geared towards local persons but out of state residents. „« Roslyn Druzak concerned on impact of environment and phosphate levels from runoff and might create problems in channel. She stated that there would also be an impact on wildlife and trying to restore the wildlife, Delavan Lake and channel. Concern of traffic on South Shore Drive will impact channel. „« Bill Finn stated that if buildings create more runoff into lake and hard rains, how are we going to address that. Bob Clemens stated that there has been an environmental study done on storm water and runoff by the State and it proves that the runoff will greatly improve and it will take place over the course of 36 hours rather than an hour. Roslyn stated that how can there be an improvement on phosphate levels and weed control with such a large development. She stated that there is no help with DNR on the current conditions of the lake.

OLD BUSINESS: DANA EVANS COVERED BRIDGE DEVELOPMENT: „« Dana Evans stated that the Covered Bridges Development issue is important because she feels that the Town of Walworth people are not being listened to by the Board members. Dana stated she circulated a petition to address the proximity and density of the development. She stated the plan is not compatible with the local area. Dana stated that the developer will benefit financially and that it is not a reason to approve the development just because the land use is set up to approve future development. Dana stated that there is currently an annual growth of 1.6% in Walworth Township and it will increase to 5% growth if the Covered Bridges is approved. Dana pointed out that 33% of Walworth Township population will be in the Covered Bridges Development and that is too much growth in such a small area. Dana Evans presented a letter from Walworth State Bank dated July 6, 2007 indicating that they were funding the project. Dana stated she is concerned because Larry Austin sits on the Walworth State Bank Board and should hold off on voting in the Covered Bridges issue due to conflict of interest. Dana urged the Board not to ignore the residents and the Plan Commission regarding Covered Bridges.

BOB CLEMENS COVERED BRIDGES DEVELOPMENT: „« Bob Clemens presented plans. Bob stated that the C-4 land within 1,000 feet of Delavan Township can¡¦t be developed. The small C-1 area has limitations and the R-5 area and plans presented are the best way to give the Board specific control over the development. Bob Clemens corrected the stipulations presented to the Board to say that there will be 82 single family homes not 80. Bob stated the villas were moved from the North Walworth Road area to the back of the development closer to Delavan Township changing the density to 202 units. Bob stated the water quality will be enhanced from what it is now by having tall grasses to filter run off, discharge time increased. Bill Pearce questioned as to if there were no curb and gutter where the water runoff will go. Bob stated that controlled discharge will runoff into retention ponds and through the culverts. Larry Austin wanted to talk about the Walworth State Bank issue. Larry stated that Bob had enough funding through the plat stage and that he would have to return to Walworth State Bank for further funding. Larry stated that Walworth State Bank most likely doesn¡¦t have the funding ability to fund the entire project itself. Joe Abell asked that Larry to remain on and vote in the matter as he has faith that Larry does not have any conflict of interest. Joe stated that Atty. Torhorst has reviewed all the stipulations and plans and come up with a draft of suggestions. Bill Pearce stated that the preliminary plat and final plat still need to be completed and go through the proper channels. Bill stated that this meeting is simply for the re-zone. Bill Pearce made a motion to approve the rezone from A-2 to R-5, Larry Austin seconded, motion carried 3-0.

VIRGINIA HALL HWY 67 ROAD DEDICATION LETTER OF APPROVAL: „« Table to next meeting ask Ginny to come before next boar meeting.

INTERNET SERVICE PROVIDER: „« Verizon was selected as the most cost effective provider.

PUBLIC HEARING BRICK CHURCH ROAD LLC. LIQUOR LICENSE APPLICATION: „« Joe Abell opened the public hearing at 7:28 pm. John Maier, attorney for Brick Church Road LLC, James Gray, Scott Rokus principles in Brick Church Road LLC. Filed for a liquor license application and stated that they did not need a re-zone as the zoning currently in place has allowed them to build a hotel. It is in the ETZ and has gone before the ETZ committee. John stated that the license falls under hotel type operator¡¦s license that has at least 50 rooms and can seat 150 people. Jennifer Preibe is agent for license requested. All parties passed their criminal background check and meet the standards of state liquor license. John stated that the financing people want all approvals lined up to show they are granted the license conditional on permits. Brick Church LLC presented plans and conceptual drafts of project and state that it will enhance the neighborhood and obtain ¡¥green certification¡¦ to help environmental issues. Leaning towards natural materials for construction and Brick Church Road LLC presented concept maps of parking and hotel. Brick Church Road LLC stated that access will only be off Brick Church Road and there will be 80-100 guest suites, indoor pool, corporate meeting facilities, spa, banquet facilities, restaurant, commissary service and off site employee parking and private delivery/collections. Brick Church Road LLC stated that they are attempting to be sensitive to the community and presented appraisal testimony to show the increase of property values if built. Brick Church Road LLC spoke on landscaping design importance, architectural design, right of light and working on not blocking the sunlight to adjacent property owners, line of sight to maintain for other surrounding homes, environmental sensitivity. Richard Schleigert, property owner in Geneva Point Condos and president of their association, spoke against project. Richard stated that right of way has not been established by Geneva Point Condos and feels that they can¡¦t build something so large without affecting the small area and roads around it. Todd Lizak wondered if they were building in Walworth or Fontana and how they can come for a liquor license before the facility was built. Martha Green stated that the hill and low area in between hotel and Geneva Point causes concern that underground parking and ventilation towards Geneva Pointe. Martha questioned as to where the landscaping and runoff would go? Martha stated that the area has poor septic and the density is too much for 3 acres of land. Martha stated that the roads are not structured to accommodate cars, and currently, the cars travel too fast on Brick Church Road. Martha spoke of the service trucks and maintenance trucks, and delivery trucks causing noise. Martha requested a survey be done and a fence put up and a feasibility study done and what was concluded from that. Martha questioned as to why we would furnish a license to someone who is annexing into Fontana. George Kirkpatrick questioned as to how they can have a license if we don¡¦t have one currently. Terry Burns stated that the safety of the area of homes around the hotel and the number of people drinking and driving and the inadequate roads. Tom Theys was opposed to project and liquor license because it is not built yet. Tom stated that they have no proof of building 50 rooms/restaurant. Joe Abell closed the public hearing at 8:03 pm.

RESIDENTS OF FONTANA RIDGE SUBDIVISION LIQUOR LICENSE: „« The residents of Fontana Ridge agreed with the Geneva Pointe property owners and their statements on the liquor license application for Brick Church LLC. Suzette Svenson, Cathy Plufil, Dana Evans, opposed to liquor license. Bill Pearce questioned as to if at full capacity, where would all the cars be parked? Bill stated it was too large of a project to make a decision on that night. Joe Abell questioned Brick Church LLC if they were staying in Walworth Township of annexing and stated we have no say in the building aspects. Richard Torhorst recommended that we table. Joe Abell recommended that we table the issue until further investigation. Larry Austin questioned if Brick Church Road LLC were annexing. Attorney Maier stated that they are before the Board for the liquor license and plan to remain in township and are under the assumption that they are here for the liquor license not zoning.

ROMAN AND MARY KAMIN CONDITIONAL USE: „« Joe Abell stated that the Plan Commission approved the request for conditional use. Atty. Rasmussen stated the land is currently B-1 and the Kamin¡¦s want to service and store boats not to exceed 10 boats, vehicles on property. On the west line behind the building they will construct a screening fence and there will be no employees. Atty. Rasmussen stated that the survey is acceptable and all outside parking is in the back. Bill Pearce made a motion to approve the request for conditional use permit without employees, Larry Austin seconded, motion carried 3-0.

ETZ: „« None.

TREASURER REPORT „« Marisa Nor reported that we had special assessments, invoicing from fire calls. Marisa reported that the last payment for highway aid is coming and she is going to a budget workshop and had gotten laptop quotes. Bill Pearce made a motion to purchase the Dell laptop for $1,299 and Larry Austin seconded, motion carried 3-0. Larry Austin made a motion to approve the treasurer report, Bill Pearce seconded, motion carried 3-0.

CLERKS REPORT „« Erin Cates reported that it has been brought to her attention that the previous Plan Commission ordinance had not been posted nor published upon creation. The Town¡¦s Association as well as Atty. Torhorst had suggested that we redraft and repost/publish the ordinance so that it was a valid Plan Commission and ordinance. Erin will speak with the Town¡¦s Association to see if they have a sample ordinance and speak with Atty. Torhorst to correct issue.

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

SAFETY UPDATE „« Larry Austin stated that there were 3 fire calls but no billing yet from Village. „« Larry Austin reported that there was a pump problem to repair on a truck. „« Larry stated that there were some fire number signs to be put up.

ROAD/BUILDING „« Bill Pearce stated that there will be a roads meeting next week to qualify for matching funds project. „« Bill Pearce stated that roadwork is mostly complete and there is still some landscaping still to do on Town Hall Rd.

APPROVE BILLS „« Joe Abell stated that we did receive Fontana Walworth Pollution Committee check for $2,500. Bill Pearce made a motion to approve the bills, Larry Austin seconded, motion carried 3-0.

NEXT MEETING WILL BE HELD ON October 9th at 6:30 pm.

ADJOURNMENT at 9:07 pm. „« 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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