3.25.24 REGULAR BOARD MEETING
VILLAGE OF ORFORDVILLE
Regular Board Meeting
Monday, March 25, 2024 7:00 P.M.
Orfordville Village Hall
Main Board Room
CALL TO ORDER
Village President Dennis Burtness called the meeting to order at 7:00 p.m. Present were President Burtness, Nick Howard, Beth Schmidt, Camy Myers-Alstat, Nikki Tuffree, Terry Gerber, and Jason Knox. Also present were Attorney Tim Lindau, Jennifer & Keith Roe, Dan Bauer, Brett Sagen, Laurie Valley, Chief Jeremiah Burdick, DPW Director Nick Todd, and Clerk Sherri Waege.
AGENDA VERIFICATION
Clerk Waege verified that on March 22, 2024, copies of the agenda were delivered to the President and Trustees; and posted at the Village Hall, Library, and the Orfordville Post Office. There were no additions to the agenda.
MINUTE APPROVAL
Motion by Gerber, seconded by Howard to approve the March 11, 2024 minutes. Motion carried.
CITIZENS WISHING TO BE HEARD
Beth Schmidt thanked the Fire Department for their support of the Viking Youth Wrestling Club by participating in the parade for when the youth wrestlers went to the state meet and for when they returned.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Planning Commission Recommendation to amend setbacks for Ordinance 320-20 I-1 Light Industrial. Motion by Gerber, seconded by Myers-Alstat to accept the Planning Commission recommendation to amend ordinance 320-20 I-1 Light Industrial Zoning to change the rear setbacks from 40 feet to 25 feet and the side setbacks from 20 feet to 8 feet. Motion carried.
Resolution R-2024-02 Rock County Mitigation Plan. Motion by Myers-Alstat, seconded by Schmidt to adopt Resolution R-2024-02 to adopt the Rock County Mitigation Plan. Motion carried.
Amend Ordinance Chapter 138 regarding Mobile Food Vendors. President Burtness explained that he has done research on area communities regarding allowing food trucks in residential areas. None of the communities that he checked allows food trucks to be open for more than one to two hours at a time. President Burtness further explained that Edgerton requires that food trucks wait 48 hours before they can open again at the same location. President Burtness further explained that zoning ordinances are in place, with residential zoning to have an expectation to have less traffic and quieter neighborhoods.
Jennifer Roe of 502 E. Beloit Street, owner of K &J Eatery explained that the traffic isn’t necessarily from their food truck. Roe explained that there was traffic from what was happening at their neighbors. Roe further explained that there is parking and traffic from Lizzies Styles & Files, the rental property across the street, and the neighbors up the street that have church group meetings at their home on Tuesdays.
Schmidt explained that the discussion is not personal against K&J Eatery, and that it is the board’s responsibility to look at all subdivisions in the Village. Schmidt further explained that as the ordinance stands now, you can have a food truck operating in residential property anywhere in town. Schmidt further added that the board has to look ahead for commercial businesses.
Myers-Alstat asked if the comments were due to the recent fire at K&J Eatery. President Burtness explained that the discussion is not because of the fire and has to do with parking and traffic.
Gerber explained that the Village Board tries to help everybody and that it is not unusual for the board to review or change an ordinance and used the ATV/UTV Ordinance as an example. Gerber further explained that the Board was lenient with K&J Eatery, which did assist them to get started. Gerber also explained that the Facebook comments made the situation personal against K&J Eatery which is not the case.
Brett Sagen of 210 N. Mowe Street was present and explained that he has known Keith and Jen for a couple of years and supports their small business. Sagen explained that he implores the board to make an effort to move forward and include K&J Eatery in local events.
Knox asked if K&J Eatery has a permit from the Health Department. Roe explained that they have a variance from the Health Department to be allowed to do cleanup in their home kitchen, but cannot do food preparation in their kitchen. President Burtness explained that he spoke with the Health Department earlier in the day and asked how K&J Eatery disposes of their waste water from the trailer. Roe explained that they have an agreement with the carwash on Court Street to dump it there. President Burtness asked how often they dump the wastewater. Roe explained that the wastewater is only from washing their hands and they usually dump the wastewater monthly. President Burtness advised Roe that the Health Department requires them to dump the wastewater daily.
Laurie Valley of 12405 W. Spring Valley Corners was present and suggested that the Village consider “grandfathering” the food truck in with the ordinance change. Valley also added that there is a parking problem with Frosty Freeze in Janesville, and they continue.
Attorney Lindau explained that he wasn’t present in 2022 when the ordinance was created. Attorney Lindau explained that Frosty Freeze is zoned Commercial so is a Conforming Use. Attorney Linday explained that he has no idea why the food truck was allowed to operate daily in residential zoning and that it is a commercial business which does not conform with the zoning ordinance. Attorney Lindau explained that essentially it would be the same as operating a restaurant in residential zoning, which is a violation of the zoning ordinance.
Schmidt explained that the Village was new to food trucks when the ordinance was written and that she had concerns after it was approved as it allowed food trucks in all residential zoning. Roe explained that they are not always open at their home in the summer as they go to other places. Roe added that they are there daily in the winter and that they also provide local delivery.
Attorney Lindau explained that the Food Truck Ordinance is in violation of the zoning ordinance, as they are allowed to have people come to a residential zoned property for a commercial business.
Discussion was held on Resolution R 2022-05 that approved public locations where food trucks can operate in the Village. Additional discussion held on operating in other commercial areas in the Village. Roe explained that they have tried using the lot across from the Village Hall but cannot get internet at that location. President Burtness suggested that they go with a different internet provider.
Dan Baurer of 416 E. Beloit Street explained that he lives in the commercial property across the street and has never had an issue with the parking from K&J Eatery. Baurer added that there is more traffic from the neighbors than the food truck.
Attorney Lindau suggested that the Village review and amend Chapter 138 Food Truck Ordinance in the near future and to issue the permit, when applied for, as we have in the past to K&J Eatery to operate for the remainder of the year.
No formal action was taken.
TREASURER REPORT
Motion by Gerber, seconded by Schmidt to approve the February Treasurer Report. Motion carried.
VOUCHERS
Motion by Howard, seconded by Gerber to approve the vouchers with a check range of 36834-36845 and 36880-36900. Motion carried.
VILLAGE PRESIDENTS REPORT
President Burtness explained that he spoke with five different residents over the weekend about the upcoming water rate increase. President Burtness further explained that all five of the residents thought that their quarterly water and sewer bill was going up 42% overall, which is not the case. President Burtness read the following statement to further explain the need for the water rate increase and an explanation on the portion of the quarterly bill that will increase.
“The Department of Natural Resources works with municipalities to ensure safe drinking water. They require testing and periodic maintenance. We are now required to paint the inside of our water tower to maintain this standard. This is the first time the DNR has required us to paint the entire inside. This is considered maintenance, as a result we are not eligible for any grants to offset this cost and we must pass this along to residents.
The Village of Orfordville sends quarterly water bills that have two items on them. One is the sewer charge, the smaller of the two is the water charge. The water charge is the only one affected by the increase, your sewer charge will remain the same. These are both based on your usage. The water charge will potentially increase by 42.36%. This increase will cover both the cost of the repainting and the requirement that we no longer subsidize the annual water expenses from Village savings. The amount of increase was mandated by the Public Service Commission. For example, I have one resident’s bill that has a total quarterly charge of $343.93. Of this bill, the water charge is 79.91. This means this resident will see an estimated increase of $33.85 to bring his water charge to $113.76 and the total bill to $377.78. Every $100 of water you are currently billed potentially will increase your water charge $42.36. This percentage has not been finalized by the PSC and is subject to decrease or increase. The PSC has the final say on the overall increase.”
President Burtness further explained that he and Trustees Terry Gerber and Nikki Tuffree attended the dedication ceremony earlier in the day for the Corporal Ben Neal Memorial Highway. Governor Evers signed into law today designating Highway 11 between Orfordville and Footville as the Corporal Benjamin H. Neal Memorial Highway. This took place at the Orfordville Legion. Parents Don and Trisha Neal greatly appreciate the support of everyone. Orfordville is honored to have known Ben and what he brought to his family, friends, and community in how he lived his life.
ADJOURN
Motion by Howard, seconded by Knox to adjourn at 7:54 p.m. Motion carried.
Submitted by,
Dennis Burtness
Village President
Sherri Waege
Village Clerk