Village Board

EAST TROY VILLAGE BOARD MINUTES October 18, 2021 Page 1 of 5 Call Meeting to Order, Pledge of Allegiance Clerk Alexander verified the meeting was posted according to law. Roll Call: President Seager called the meeting to order at 6:30 p.m. Present: President Scott Seager, Trustees John Alexander, Matt Johnson, Forty Renucci, Jason Smalley and Joe Wisnewski Excused: Mary Nugent Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Geary, Clerk Alexander President Seager began with a statement regarding the applicant for development at 2031 Division Street has withdrawn their offer to purchase the property. Citizen Participation Dusty Stanford, 1985 Division Street, discussed the AR-9 density proposed for the property at 2031 Division Street, feels the still the same concerns remain with this density, discussed the neighborhood makeup and the property owner’s commitment to the community. He feels that a high-density development in a historical residential area is not appropriate and that the zoning should remain AR-4. He expressed concern with the infrastructure impact for any development and the effect on current residents. He requested the Board table this issue until a viable plan is presented. Rosemary Bennet, 3004 South Street, requested the zoning not be changed and discussed the neighborhood qualities and the need for green space for children living in high density dwellings. Suggested using materials from the Cobblestone building and build a library on the property or use the property for another community use. Feels this property offers an opportunity to improve the community and if the zoning is changed this opportunity will be lost. Dominic Katcha, 1975 Division Street, requested the issue be tabled until a plan is presented as he doesn’t see the need to rezone the property before a plan is presented. Stated his daughter would like to see a public park with a playground at this location. John Graf, 2912 Union Street, would hate to see the school district make a hasty decision. The challenge is to come up with a better use for the property. Sandy Stanford, 1985 Division Street, is opposed to the rezone of the Division Street property, discussed various points of the Comprehensive Plan, feels that rezoning the property to AR-9 would have a negative impact on the residents of the neighborhood. Natalie Kotnik, 2936 Union Street, discussed her concern with a modern building not fitting in the historic neighborhood, she liked the idea of a library located there, and likes the small town feel of East Troy. She urged the zoning is not changed until something better is proposed for the property. Brian Schultz, 2049 Division, expressed concern with a large apartment complex next door, the neighborhood feel of the area, concern with so many new residents, and asked that the issue be tabled until a better plan is presented for the property. Alvin Bourdo, 2053 Division Street, discussed the neighborhood, the benefits of greenspace and large lots, the history of the property and stated he feels this decision is being made too quickly. He urged waiting until a proposed use would be something that would fit the neighborhood as well as provide the funds for the school district.  EAST TROY VILLAGE BOARD MINUTES October 18, 2021 Page 2 of 5 Brad Clark, 2054 Division Street, likes living in the Village and discussed the work that has been done to preserve the historic look and value of the buildings on the Square and feels that this area should also blend with that historic look and feels the design of the proposed development would not blend in the middle of the historic residential area. He requested this decision be delayed. Consent Agenda 1. Approval Minutes – 10/4/2021 2. Consideration to approve renewal of Airport farm lease for village-owned property to Friemoth Farms 3. Consideration of recommendation from Plan Commission to approve two-lot certified survey map (CSM) in the Town of East Troy located at N7370 Hamms Road (PA30990001); Rosemarie Berres and Tom Sherbrook, applicant (application 2021-26) 4. Consideration of recommendation from Plan Commission to approve a three-lot certified survey map (CSM) in the Town of East Troy located at N8826 County Road ES (Pet1600006B,Pet160001,PET160013); Karl and Katharine Sawyer, applicant (application 2021- 29) 5. Consideration of Vacation Carryover Request from Chief of Police Motion by Trustee Johnson, second by Trustee Alexander, to approve the consent agenda. Motion carried. Miscellaneous Business 1. Consideration of recommendation from Plan Commission to approve rezone of subject property located at 2031 Division Street (RA495400002) from SR-4 to AR-9; East Troy School District, applicant (Mikko Erkamaa, developer) (application 2021-25) Administrator Suhm explained that this application is for a conditional rezoning and would only change should there be an approved proposal for development at the AR-9 zoning within the four (4) year period. If no approved proposal was submitted the zoning would remain at SR-4. Trustee Johnson confirmed that should a proposal be submitted at the AR-9 zoning the Plan Commission would continue to have authority to reject the plan if not designed to meet the desired criteria. President Seager explained that in such a situation the application could be denied and there would be a number of steps to that process. He also explained that the design of cottage housing would fit within the AR-9 zoning and discussed the length of time the property has been for sale and that the applicant doesn’t have a current plan to submit but rezoning the property to AR-9t would allow for a plan for AR-9 or single-family units to be developed with the knowledge that the density was approved. DPW Equitz stated that the infrastructure needs would depend on the size of the development but that the water and wastewater treatment facilities were capable of increased need. The size of the pipes and stormwater management would need to be considered for any development and road work for Division Street is not included in the 5-year plan. Administrator Suhm explained that if a multi-family proposal is accepted the developer could be asked to pay for infrastructure needs. The intersection of Division and North Streets was discussed and the need for the State of Wisconsin DOT to be involved with any traffic control installations at that intersection. Administrator Suhm corrected a statement that had been made during Citizen Participation  EAST TROY VILLAGE BOARD MINUTES October 18, 2021 Page 3 of 5 that there is no historic residential district that would restrict changes, made by homeowners, there is no oversight by the Historical Society and there is no oversight for the residential areas – there are design standards for the Downtown Design District and the Plan Commission is working on consideration of the Downtown Transition Area with a less strict design standard. She mentioned the rezone request does coincide and comply with the Comprehensive Plan. Motion by Trustee Wisnewski, second by Trustee Johnson, to table this item. Motion carried. 2. MP Systems, Inc., development considerations a. Consideration of recommendation from Plan Commission to approve certified survey map for 3 lots and 1 outlot south of Honey Creek Road (RA314100001); Village of East Troy, applicant (application 2021-30) Motion by Trustee Johnson, second by Trustee Alexander, to approve the certified survey map for 3 lots and 1 outlot south of Honey Creek Road. Administrator Suhm noted that there will be changes to the signed document regarding the outlot and the easement. Motion carried. b. Consideration of Offer to Purchase from MP Systems, Inc. for land within TID 4 Motion by Trustee Alexander, second by Trustee Smalley, to accept the offer to purchase from MP Systems, Inc. for land within TID 4 and Resolution 2021-22. Motion carried. c. Consideration of Development Agreement with MP Systems, Inc. Motion by Trustee Johnson, second by Trustee Alexander, to approve the Development Agreement with MP Systems, Inc. Motion carried. d. Consideration of Road Reservation Agreement with MP Systems, Inc. Motion by Trustee Johnson, second by Trustee Alexander, to approve the Road Reservation Agreement with MP Systems, Inc. Motion carried. e. Consideration of recommendation from Plan Commission to approve conditional use for a contractor yard located in the Village’s new industrial park on the south side of Honey Creek Road; MP Systems Inc, applicant (application 2021-24) Motion by Trustee Johnson, second by Trustee Alexander, to approve the conditional use for a contractor yard located in the Village’s new industrial park on the south side of Honey Creek Road; MP Systems Inc, applicant (application 2021-24). Motion carried. 3. Consideration of MDV Watershed Plan Agreement with Wendt Farms LLC for phosphorous compliance DPW Equitz provided background on the program. The WI DNR developed a plan to control phosphorous levels and the Village was originally planning to deal with the phosphorous by treating within the Wastewater Treatment Plant and paying the penalties to Walworth County (at a great expense to the Village) and this would still result in needing alternate actions once the sunset clause for penalty payments ended. The DNR will lower the limits of discharge with 2022 permit, and the plan was to lower the levels as much as possible within the process and then pay for the difference on a straight MDV basis for the first year. Tom Pluess, WWTP Manager, came up with the MDV Watershed Plan which uses farmers as credit generators allowing the Village to lower the discharge as much as possible within process and then pay farmers to plant cover crops to prevent run off. This partnership between the Village and local farmers allows the DNR to gain on both fronts. WWTP Pluess stated  EAST TROY VILLAGE BOARD MINUTES October 18, 2021 Page 4 of 5 that the Wastewater Treatment Plant and the Village are not the culprit of the high phosphorous levels as the Wastewater Treatment Plant does not produce phosphorous, but the Village is responsible for the treatment of the phosphorous. DPW Equitz explained that WWTP Pluess is responsible for this option being available to the Village and is the one who went out and contacted farmers to participate in the program. Motion by Trustee Johnson, second by Trustee Smalley, to approve the MDV Watershed Plan Agreement with Wendt Farms LLC. Motion carried. 4. Budget Review Session Administrator Suhm stated she has incorporated the direction provided by the Board into the budget, will bring a transfer of funds from general surplus to capital surplus for Board approval, and explained that the Village will remain a small group for insurance rating but has not yet received the new rates, discussed expenditure restraint planning and will budget $50,000 in contingency to allow the Village to be eligible for expenditure restraint in the future, the budget Public Hearing is set for the November 15, 2021, meeting. She also explained the TID 3 closing will benefit taxpayers with an anticipated reduction in the tax rate and increased levy in future years. Ordinances & Resolutions 1. Ordinance 2021-10 – Recommendation from Plan Commission to approve revisions to the zoning code (Chapter 510) relating to occupancy permits Discussion included any impact on businesses at the Airport from these changes. Motion by Trustee Johnson, second by Trustee Alexander, to approve revisions to the zoning code (Chapter 510) relating to occupancy permits. Motion carried. Reports 1. September Financial Reports a. Fund Summary b. Variance c. Dam d. Airport 2. Library Board Minutes – 09/14/2021 3. Park & Recreation Minutes – 08/09/2021 4. Municipal Court September 2021 5. Police Department 3rd Quarter Report –Chief Swendrowski stated that the largest code compliance issue is large pick up for garbage being placed prior to 24 hours in advance of scheduled pickup or not knowing a pickup needs to be scheduled. Administrator Suhm explained that this process will be promoted more on social media and will be included in the tax bill stuffer including recommending that residents call to schedule their pick-up before placing items at the curb. 6. Verbal update on Main Street/Square/Church Street Project & Cost Tracking – DPW Equitz explained that the curb is about 95% complete on the Square, street lighting is going in, grading behind curbs for sidewalk starts tomorrow, minor utility issues on Church Street are being addressed and they will be pouring curb and sidewalk in the next two weeks. Discussion included the concrete work, estimated completion dates, possible temporary options if work needs to be completed in spring, delays over the summer due to product/material  EAST TROY VILLAGE BOARD MINUTES October 18, 2021 Page 5 of 5 shortages and labor issues, contractor is showing a substantial completion date of November 24, and that the concrete is the concern as it needs 30 days curing time. 7. DRAFT Plan Commission Minutes from 10/11/2021 Closed session Motion by President Seager, second by Trustee Alexander, to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(g) to confer with legal counsel for the governmental body who is rending oral or written advice concerning strategy to be adopted by the body with respect to litigation which it is likely to become involved (notice of claim from the Lofts of Honey Creek, LLC), and 19.85(1)(e) for the purpose of conducting other specified public business, whenever competitive or bargaining reasons require a closed session (possible amendment to intergovernmental agreement for emergency services and amendment to property sale agreement with Overlook Ridge, LLC). Motion carried on roll call vote: President Seager Y Trustee Alexander Y Trustee Johnson Y Trustee Renucci Y Trustee Smalley Y Reconvene in Open Session Trustee Wisniewski Y Possible action on closed session matters Motion by Trustee Johnson, second by Trustee Alexander, to extend the agreement with Overlook Ridge, LLC for the razing of the Main Street properties to December 31, 2021. Motion carried. Adjourn Motion by Trustee Johnson, second by Trustee Wisniewski, to adjourn. Motion carried at 8:25 pm. Respectfully Submitted, Lorri Alexander Clerk Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg