Village Board

EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 1 of 6 Call Meeting to Order; Pledge of Allegiance Administrator Suhm verified the meeting was posted according to law. Roll Call: President Timms called the meeting to order at 6:30 p.m. Present: President Timms, Trustees Fred Douglass, Matt Johnson, Forty Renucci, Scott Seager, Dusty Stanford and Ann Zess Excused: Others: Chief Boyes, DPW Director Equitz, Administrator Suhm, Attorney Gray Citizen Participation Leon Olson, 3028 Chafin Avenue, questioned when the zoning for the apartments was grandfathered. He would like to have known when that occurred. If he would have known there would be apartments he would not have bought his house. Marilyn Therrian, 3025 Chafin Avenue, addressed the apartment issue and expressed her concerns. Consent Agenda (One motion and second will approve all of the following items. Any item may be pulled from the list and voted on separately.) 1. Approval Minutes – 6/27/16 2. Operator’s Licenses – Jeanette M. Conklin, Jordyn J. McGinnis, Savanah C. Longstreet, Vanessa L. Dingman, Renee E. Bohm, Joseph L. Stern, Debra L. White, Richard J. Kieffer, Abigail Throsen 3. Consider approval of lease renewal for ET EMS Antenna Lease at the Austin St. DPW garage for 8/25/2016 to 8/25/2021 for the continues lease price of $1.00/year Motion by Trustee Stanford, Second by Trustee Johnson to approve the consent agenda. Motion carried. Ordinances & Resolutions 1. 2016-07 – An ordinance establishing zoning classification for a property annexed into the Village of East Troy (Town of East Troy Parcel: PA287200001); Jeff McKone and Vicki McKone, applicant Motion by Trustee Johnson, second by Trustee Seager to approve Ordinance 2016-07. Motion carried. 2. 2016-08 – An ordinance amending the Village’s zoning code relating to signage regulations President Timms explained the Village has been tweaking the signage ordinance, but a Federal court ruling has made changes necessary in the language of our code. Motion by Trustee Stanford, second by Trustee Renucci to approve Ordinance 2016-08. Trustee Renucci questioned off premises signage and Administrator Suhm explained advertising signage for a business is not allowed on another premises. Trustee Johnson questioned current  EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 2 of 6 signage being grandfathered. It was explained if the sign legally existed prior to the ordinance change and the ordinance changes makes the sign non-compliant with the ordinance it will be considered legal nonconforming. Vote on the motion carried. 3. Ordinance 2016-09 – An ordinance amending the Village's zoning code relating to the Institutional Residential land use category President Timms explained the story behind the revision of the ordinance is that the Village has been approached by an applicant that would like to establish a group home for mothers and children in crisis. The Plan Commission decided that having a home facility like this was a good idea, but it should be restricted from one to twelve people at one time in this zoning district. Motion by Trustee Renucci, second by Trustee Zess to approve Ordinance 2016-09. Motion carried. 4. 2016-10 – An ordinance rezoning property located at 2019 Beulah Avenue (RA454000001) from Light Industrial (LI) to Multi-Family Residential (MR-10) President Timms explained to the Board the Plan Commission met and reviewed the request at which time they were told that the Village of East Troy really did not have the choice to deny the request because the comprehensive plan categorized this property in a way that allows multi- family zoning. The Plan Commission voted 6-1 to approve the rezone. He further explained the after receiving conflicting information, the Village had conferred with several attorneys who have said they have reviewed the law and they believe the Village is not required to go along with the requested zoning change if the Village did not want to, however, there must be a very good reason to deny because the applicant could likely have legal recourse. Motion by President Timms, second by Trustee Johnson to allow residents to speak. Motion carried. Marilyn Therrian stated her concerns are with the type of housing proposed and that includes the proximity to the schools in the area and additional congestion. Trustee Stanford questioned the extent of Village input on the type of building proposed once the property is rezoned. Trustee Johnson expressed concerns regarding the process and stated he would like to see the development plan prior to changing the zoning. Attorney Gray clarified in this circumstance you need to look at the future plan and what the zoning allows in this zoning category. If the code allows the proposed housing when a site plan is submitted, you cannot prohibit it. Motion by Trustee Johnson, second by Trustee Stanford to allow a resident to speak. Leon Olson stated that he would like to add that he would not be opposed if it would just be regular residential housing versus multifamily. President Timms stated the current intent, as he understands it, is consideration of either senior housing or a small, quality apartment complex.  EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 3 of 6 Attorney Gray stated the Board is not required to change the zoning, but then questioned why the Village would have a comprehensive plan in the first place. She explained if they do not approve the change the Village could be faced with the risk that a developer could sue the Village for not following the comprehensive plan. Motion by Trustee Stanford, second by President Timms to approve Ordinance 2016-10. Trustee Johnson requested adding comprehensive plan options to next committee of the whole meeting. President Timms suggested scheduling a joint meeting between the Village Board and Plan Commission and this was agreed to. Trustee Stanford requested a roll call vote. President Timms Y Trustee Douglass Y Trustee Johnson Y Trustee Renucci Abstain Trustee Seager Y Trustee Stanford Y Trustee Zess Abstain Motion carried. Miscellaneous Business 1. Consideration of Street and Sidewalk Improvement Program 2016 DPW Director Equitz explained the program includes repaving Austin St. from Church St. to Mill St., curb and gutter, sidewalk repair, abandoning a 4” water main on Austin St. and move all water services to 12” for better fire protection and water quality, new hydrants, curb and gutter repairs, patching, a sidewalk extension from West St. west to Gus’s on ES, concrete bases for pedestrian crossing signs at North and Division St. and the new crosswalk by Gus’s. a. Award Bid for Street and Sidewalk Improvements (Austin Street, New Sidewalk, Pedestrian Crossing Safety Features) The amount of the bid was $170, 304.38 Motion by Trustee Johnson, second by Trustee Stanford to award the bid to LaLonde Contractors as recommended by Lynch & Associates and the DPW Director. Motion carried. b. Approve Amendment 1 to Engineering contract with Lynch and Associates for the street and sidewalk improvements, $3,875 Motion by Trustee Stanford, second by Trustee Renucci to approve Amendment 1 to the engineering contract with Lynch & Associates for the 2016 Street and Sidewalk project. Motion carried. c. Approve purchase of crosswalk lights from Fund Balance in the amount of $6,865.44 Motion by Trustee Stanford, second by Trustee Seager to approve purchase of the second set of the crosswalk lights with funds from fund balance. Motion carried.  EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 4 of 6 2. Consideration of recommendation by plan commission to approve conditional use application to establish an Institutional Residential use at 1995 Beulah Avenue (St. Peter's property), which is located in the Suburban Residential (SR-4) zoning district; Gerard's Embrace, Inc. as operator, applicant Motion by Trustee Stanford, second by Trustee Johnson to approve the conditional use. Motion carried. 3. Consideration of allowing split ownership of two hangars at the East Troy Airport (from 4/18/2016 and 4/25/2016). Motion by Trustee Douglass, second by Trustee Zess to approve the split ownership. Motion carried. 4. Consideration/Discussion of agreement between the Village of East Troy, Town of East Troy and Town of Troy for operations of Booth Lake Memorial Park and update on insurance for park Attorney Gray disclosed she also acts as an attorney for Booth Lake Memorial Park. President Timms explained Booth Lake Park is underinsured and having difficulty obtaining insurance. After an agreement is written and approved, one of the entities will take the responsibility for obtaining insurance and name the other entities as co-equal in terms of responsibility. 5. Consideration of turning over the Emergency Operations Center to the police department to be utilized as an evidence room (from 6/20/16) Motion by Trustee Johnson, second by Trustee Douglass to approve. Motion carried. 6. Consideration of approving replacement of two wastewater treatment plant lift station pumps, $35,540 DPW Director Equitz explained these are the two main Treatment Plant pumps. The project was included in the capital projects budget for 2016. Motion by Trustee Douglass, second by Trustee Stanford to approve the purchase of replacement pumps. Motion carried. 7. Consideration of honorary name for Buell Drive (Timms) President Timms explained Leibinger is the central distribution center for North, South and Central America for industrial printers. They are located on Buell Drive and have expressed an interest in an honorary name for Buell Drive of Leibinger Drive. Board members discussed the proposal and expressed concerns regarding the criteria that would warrant an honorary name. Motion by Trustee Johnson, second by Trustee Seager to table the item. Motion carried. 8. Discussion and direction to staff regarding a policy preventing personal items being left on public property for a certain period of time in advance to events (parade) Staff reviewed the recent Fourth of July parade and complaints received regarding items left on the square to reserve spots for the parade as early as Wednesday for Sunday. Discussion included items left in the park area as well as the sidewalks that front businesses on the square. The complaints were in addition to the conflicts this caused for special event permits holders on  EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 5 of 6 Thursday and Friday as well as DPW staff mowing the park. Staff suggested placing signs approximately a week prior to the event stating any personal property will be removed by the Police Department or Department of Public Works. The Police Department will hold any items for a period of time and people can pick items up at the Police Department. Options were discussed such as the day of an event, the day prior to an event or conflicts. Motion by Trustee Stanford, second by Trustee Zess to prohibit reserving space before noon the day prior to the start of an event and property left prior to that time the Police Department and Department of Public Works have the ability to confiscate. Motion carried. 9. Consideration of Department Head’s recommendation to form an ad-hoc committee involving two Board members in pay for performance discussions and for one Board member to be designated to serve on a health insurance committee Motion by President Timms, second by Trustee Seager to assign President Timms and Trustee Johnson to the pay for performance ad-hoc committee. Motion carried. Motion by Trustee Johnson, second by Trustee Stanford to nominate Trustee Zess and Trustee Seager to serve on a health insurance committee. Motion carried. Reports 1. ET EMS – Minutes 05 17 16 2. Notice of Injury Filed 3. Administrator’s Report – March – June 2016 4. Village Board Pending Business 5. DRAFT Plan Commission Minutes 7/22/2016 6. Police Report June 2016 7. Village President’s Report June 2016 8. Revenue Expenditure Report June 2016 Closed session Adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c) for considering employment, promotion or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (Interim Director of Public Works) Motion by Trustee Stanford, President Timms to adjourn to closed session pursuant to 19.85 1(c) Reconvene in Open Session Possible action on closed session matters Motion by Trustee Stanford, second by Trustee Douglass to accept DPW Director Equitz’s report. Motion carried. Adjourn  EAST TROY VILLAGE BOARD MINUTES July 18, 2016 Page 6 of 6 Motion by Trustee Stanford, second by President Timms to adjourn at 8:23 p.m. Motion carried Respectfully Submitted, Eileen Suhm Administrator