8.24.20 Regular Board
VILLAGE OF ORFORDVILLE
Regular Board Meeting
Monday, August 24, 2020 7:00 P.M.
Orfordville Village Hall
Main Board Room
CALL TO ORDER
President Gary Phillips called the meeting to order at 7:00 p.m. Present were President Phillips, Tina Suiter Meyers, Beth Schmidt, Chuck Boyce, Terry Gerber, Nikki Tuffree, and Jason Knox. Also present were Attorney Tim Lindau, Engineer Tom TeBeest, Zach & Sarah Knutson, Steve Lutzke, Chief Brian Raupp, DPW Director Nick Todd, and Clerk Sherri Waege. There were other members of the public present that did not speak at the meeting.
AGENDA VERIFICATION
Clerk Waege verified that on August 21, 2020, 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 made to the agenda.
MINUTE APPROVAL
Motion by Gerber, seconded by Knox to approve the minutes of the August 10, 2020 meeting. Motion carried.
CITIZENS WISHING TO BE HEARD
Tawny Gustina was present to introduce herself. Gustina explained that she is running for the 45th Assembly seat and gave information on her background. President Phillips thanked Gustina for attending.
Jason Knox explained that he had requested an agenda item regarding the Routes to Recovery Grant to be on the agenda. Knox explained that he would like the item on the next agenda as other municipalities are purchasing laptops for their board members so meetings can be attended via Zoom in the event that the Cornona Virus gets worse in the fall.
Beth Schmidt explained that the Economic Development Committee is doing a Ribbon Cutting on September 12th for Sapphire Hair Salon. Schmidt invited all those in attendance to the Ribbon Cutting.
PRESIDENTS UPDATE
President Phillips thanked Barb Sather for working on the flower pots downtown. President Phillips explained that Barb spent Saturday morning downtown working on the pots and that he never got a chance to thank her.
President Phillips explained that they are talking about the new subdivision tonight and that he wanted those present to know that they have been meeting about this subdivision for the last year. President Phillips added that there have been many meetings with the Developer, Engineers, and the Attorney.
UNFINISHED BUSINESS
Revising Building Permit Fees. President Philips explained that Tim Keinbaum has been out on medical leave and requested that the item be tabled to the September 14, 2020 meeting. Motion by Tuffree, seconded by Schmidt to table the item to the September 14, 2020 meeting. Motion carried.
NEW BUSINESS
Hiring a Full Time Public Works Employee. President Phillips moved the Public Works Employee up to be discussed first under new business. DPW Director Todd explained that employee Mike Ceslock left as his wife took a position out of the area. DPW Director Todd further explained that he interviewed two of the twenty applicants and would like to offer the position to Ryan Ackerman who lives here in town. Motion by Tuffree, seconded by Suiter Meyers to hire Ryan Ackerman for the full time public works position with a starting wage of $20.00 per hour. Motion carried.
Police Committee Recommendation to approve Operator Licenses. Chief Raupp explained that all of the applicants came back with a clean record. Motion by Knox, seconded by Gerber to approve the Police Committee Recommendation to approve Operator Licenses to expire June 30, 2021 for Ava Gard, Brad Knutson, Laurie Knutson, Shari Knutson, Katie Marse, Sarah Rowley, Mason Spencer, and Janet Statton. Motion carried.
Police Committee Recommendation to Restrict Parking in the Municipal Parking Lot next to the Fire Station. President Phillips explained that he would like to restrict overnight parking at the municipal parking lot next to the fire station. President Phillips explained that the parking lot turned into a dumping ground for abandoned vehicles and was difficult to plow last winter. President Phillips further added that Jason Nehls has completed his garages and parking area so his tenants have their own parking. Knox asked if there would be an issue with the Fire Department parking in the lot when they respond to calls. President Phillips said that would not be a problem. Motion by Gerber, seconded by Boyce to accept the Police Committee Recommendation to restrict parking in the municipal parking lot, located next to the fire station, between the hours of 12:00 a.m. midnight to 6:00 a.m. Motion carried.
Planning Commission Recommendation for LRN Properties Conditional Use Permit for Storage Sheds at 201 S. Wright Street. President Phillips explained that Jason Nehls has purchased the Storage Sheds from Jeb McMahon which requires the Conditional Use Permit to be changed. Motion by Tuffree, seconded by Gerber to accept the Planning Commission recommendation to grant a Conditional Use Permit to LRN Properties for 201 S. Wright Street. Motion carried.
Planning Commission Recommendation to Amend Ordinance 320-41(G) to lower the limit of parking stalls for multifamily units. President Phillips explained that last fall, the Professor from UW Milwaukee was here for the project that they did for the Village. At that time, the professor recommended that the Village look into lowering the two stall per unit requirement for multifamily housing. The state average is 1.5 stalls. Jason Nehls was present and explained that his average is 1.3 cars per unit, using all of his properties. Motion by Boyce, seconded by Tuffree to accept the Planning Commission recommendation to amend Ordinance 320-41(G) to change the 2 parking stall per multifamily housing unit to 1.5 stalls per multifamily housing unit. Motion carried.
Planning Commission Recommendation to amend Ordinance 320-15(D)(2) to amend side yard setbacks. President Phillips explained that the current ordinance requires a minimum of 8 feet on one side, with a total of 20 between both sides. Zach Knutson was present and explained that a lot of homes now have three car garages and it is difficult to get a home on a lot with the 20 feet combined side yard setbacks. Gerber explained that the Village has dealt with people needing variances to comply with the existing setback requirements as they want to add on to their garage and are limited with the 20 foot combination. Motion by Suiter-Meyers, seconded by Tuffree to approve the Planning Commission Recommendation to amend Ordinance 320-15(D)(2) to allow 8 feet side yard setbacks as the minimum for both sides.
Ordinance Changes. Attorney Tim Lindau explained the document he drafted regarding the ordinance changes requested by Zach Knutson. Attorney Lindau advised the board that there were three things for the board to consider: the preliminary plat, ordinance changes, and the Developers Agreement. Attorney Lindau further explained that changes were at the Village Boards discretion. The Village Board reviewed each ordinance/item separately.
Amend Ordinance 281-24,281-28,281-37(V) and 281-38 requiring curb and gutter in new subdivisions. Discussion was held in regards to the curb and gutter. Knutson explained that the swales will carry the water much like a curb would do. Knutson further explained that the swales may be wider than existing curb and gutter. Knox asked if changing the ordinance would be applicable for future developments. Attorney Lindau explained that it would be up to the Village Boards discretion. Boyce asked if there was a storm water review being done. Engineer Tom TeBeest explained that he has been reviewing the storm water plans which will also require approval from the DNR. DPW Director Todd explained that above ground storm water drainage is much easier to maintain and less expensive to maintain then underground piping. Motion by Schmidt, seconded by Tuffree to amend ordinances 281-24, 281-28, 281-37(V) and 281-38 which will waive the curb and gutter requirements in lieu of excavated drainage ditches and culverts. Motion carried.
Amend Ordinance 281-37(V) regarding roadway width requirements. Jason Knox asked if the roadways will be 66 feet. Knutson explained that the paved roads will be 28 feet in width plus the concrete swales for drainage. Boyce asked about parking problems on a narrow street. Knutson explained that it would be up to the board on how and if there would be parking restrictions. Knox asked if a fire truck would be able to get around the corner on Terri Lee Lane where the Cul De Sac is. Knox explained that that could be an issue with parking on the street. Knutson didn’t believe it would be an issue. Knox asked if there were any other 31 foot wide streets in the Village. DPW Director Todd explained that S. Center Street is also a narrow street. Engineer TeBeest explained that typically there are two seven foot parking lanes and two nine foot driving lanes totaling 32 feet. This street would be 28 feet total with additional concrete swales on the sides for drainage. Knutson added that the concrete swale will also protect the edge of the street from breaking down. Knox asked what the thickness was of the swale. Knutson explained that he wasn’t sure but thought it would be three inches. DPW Director Todd explained that the streets are usually six inches in depth. Motion by Gerber, seconded by Suiter Meyers to amend Ordinance 281-37(V) to allow a 66 foot right of way, 32 feet in width for the roadway, and 28 feet of hard surface. Motion carried.
Amend Ordinance 280-20 and 280-21 to allow the Village to assist with the cost of public improvements for developments. Boyce explained that he takes issue with using public money for capital projects. Boyce further explained that he has many friends in Illinois that are Mayors or Village Presidents that all agree that you don’t invest public money in residential development. Boyce explained that he would be ok with investing in a commercial project. President Phillips explained that the $250,000.00 is for roads and not housing. Boyce explained that he does not support that as it is not our land to profit from. Schmidt explained that this development is scheduled to have 36 new homes which will be a big boost to our tax base and schools. Boyce asked if Parkview Schools were contributing, as they too will benefit from the development. Tuffree explained that Parkview School District is made up of many municipalities and it would not make sense for them to invest in the project. President Phillips explained that the Village is struggling with the budget now and that future tax base from this development will help pay for projects down the road. President Philips explained that he does not feel the Village should sit back and do nothing to aid in growth. President Philips explained that he views the money as an investment to get additional tax money later. Schmidt explained that this is a big project and good for the Village. Tuffree explained that the Village is not investing in the homes and is not doing foundations, rather they are investing in the infrastructure which Knutson has to pay for up front. Tuffree added that the infrastructure becomes property of the village once complete. Boyce explained that he would rather see Village money be used for an additional police officer. Knox asked about the risk for the Village. Attorney Lindau explained that the Developer Agreement requires Knutson to pay for the improvements and obtain five occupancy permits before he can be reimbursed the $250,000.00. Attorney Lindau added that the risk is that once those five are complete, the developer could stop building. Knutson explained that he owns the lots so there is no plan on doing that. Knutson further added that developed lots are an asset to the Village and will aid in future growth. Boyce asked Knutson why he didn’t ask Janesville for money with the project that he is doing there. Knutson explained that he only owns the land in Janesville and is not moving forward as of yet as he is doing Orfordville now where the houses are selling. Steve Lutzke explained that 36 homes in the Village will bring much needed tax base and more students to the school district. The additional homes could even lower the mill rate which is a benefit to the tax payers. Motion by Gerber, seconded by Suiter Meyers to amend Ordinance 280-20 and 280-21 so that the Village can assist with the cost of the public improvements. Roll Call Vote- Suiter Meyers, Schmidt, Gerber, Tuffree, Knox, and President Philips-YES. Boyce-NO. Motion carried.
Amend Ordinance 121-2(D) to allow building permits prior to public improvements being complete. President Phillip’s explained that current ordinance does not allow building permits until all public improvements are complete. President Phillips explained that Knutson would like to have five homes built before the improvements are complete. President Phillips added that occupancy permits will not be issued until the improvements are complete. Clerk Waege explained that this was allowed in all of the phases of Countryview Estates as well. Motion by Tuffree, seconded by Suiter-Meyers to amend ordinance 121-2(D) to allow building permits to be issued before the public improvements are complete. Motion carried.
Developers Agreement. Knox asked if the Knutson agreed that the public improvements would be complete by December 31, 2021. Knutson explained that that is his plan. Motion by Schmidt, seconded by Tuffree to approve the Developers Agreement for Mill Valley Land as presented. Motion carried with Boyce and Knox voting against.
Preliminary Plat. This item was moved down to be decided upon after motions on the ordinance changes were considered. Motion by Knox, seconded by Boyce to approve the Preliminary Plat for Mill Valley Subdivision contingent on the issues in the letter from the Village Engineer being satisfied, approval from the DNR, and the calculation for fees in lieu of park land being verified. Motion carried.
VOUCHERS
Motion by Knox, seconded by Gerber to approve the vouchers. Motion carried.
ADJOURN
Motion by Knox, seconded by Schmidt to adjourn at 8:15 p.m. Motion carried.
Submitted by,
Gary Phillips
Village President
Sherri Waege
Village Clerk