Village Board

EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 1 of 6 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, Mary Nugent, Matt Johnson, Forty Renucci, Jason Smalley and Joe Wisnewski Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Geary, Clerk Alexander Motion by President Seager, second by Trustee Alexander, to adjourn to Committee of the Whole. Motion carried. Adjourn to Committee of the Whole Discussion of timeline regarding the Village Square Project Jacob Mrugacz , President of Wolf Paving, apologizing for the project being behind schedule. He shared the news that at this time he has a schedule for completion that he is confident in. He stated that concrete will be poured through next week, milling and fine grading work is schedule after that. He feels that they are back on track to meet the substantial completion date of November 24. He stated that they appreciate the business from the Village and the County. The sidewalks be done, and they will be using concrete additives and blankets to allow for the colder weather. DPW Equitz provided a handout with information to the Board addressing the extra cost to village due to accelerants and blankets. Discussion included reasons for the delay including rescheduling of sub-contractors and material shortages. Melanie Denhart, 2884 Main St., stated that she is relieved to hear the plans from Wolf Paving and expressed her concerns with the lack of finality of the project. Her concerns for the businesses on the Square include the length of project, decreased customers, concern customers may not return, the lack of sidewalks, decreased parking on the north side of the Square, she opposes the placement of the trees due to the loss of parking, and feels that overall parking is an issue and would like to see parking time limits that are posted and enforced. Ann Zess, East Troy Brewery, confirmed the substantial completion date of November 24 and confirmed that there is a provision in the contract for liquidated damages if the deadline is not met. Reconvene in Regular Session The meeting reconvened to regular session. Citizen Participation Dusty Stanford, 1985 Division Street, discussed concerns that had been expressed by citizens and questions that were raised and felt those were not answered. He suggested a group effort to work with the school district to develop a more respectful use of the property. He thanked the Board for tabling the issue but was disappointed it was on the agenda again. He stated that he understands the schools need to gain funds and believes the school district and residents can work together to find a fit for this historical district. He feels that the property doesn’t need  EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 2 of 6 to be rezoned before a developer comes forth with a plan for consideration. He asked the Board to table the AR-9 rezone request because he feels that a developer will know that they need to apply for a rezone at the time of presenting a development plan. Ted Zess, East Troy School Board, encouraged the approval of the rezone request. The school district is requesting this to better market and sell the property. He supports the rezone request as recommended by the Plan Commission as it fits with the Comprehensive Plan. Bruce Littlejohn, 2003 Division Street, stated he feels that Division Street cannot accommodate additional traffic, asked who would be responsible to pay infrastructure needs, feels the property belongs to the residents and asked that the property be left as a park or very low density. Natalie Kotnik, 2936 Union Street, discussed concerns with possible future infrastructure requirements for additional homes in this area, increased traffic on Division Street, utilizing the property for community use and asked that the rezone not be approved. Dr. Chris Hibner, East Troy School District Administrator, stated he was present at the request of the School Board. He thanked the Board their service and discussed the District’s perspective that growth is needed in both residential and commercial areas to increase the tax base and student enrollment to lessen the burden on the tax base. He encouraged the Board to decide, either way on the rezone, to allow the school district and their realtors to move forward. He discussed that the Plan Commission and Village Board would still have controls regarding a project should the rezone to AR-9 be approved, asked that the Board balance the SR-4 vs. the AR-9 zoning for needed growth and felt that should the rezone be approved the residents need to be considered with any development. Rosemary Bennet, 3004 South Street, suggested a playground at this property as the former two playgrounds at these schools are no longer available. She urged the Board not to approve the rezoning because that would lose an opportunity to use the property for a community use. She suggested a committee be formed to find other ideas for the property. Ed Hinsberger, 2944 Union Street, stated that he feels the biggest issue is that the only plan for AR-9 zoning was the 90-unit development and that was too large a development. He stated that if there was another option it may be considered appropriate, such as if the school district had a developer proposing cottage housing or condos, he is not opposed to something being built and understands that it is prime real estate but urged the Board to not change the zoning at this time. He stated that those living in the area will be the most affected by any project and that neighbors feel on the defensive due to the unknown possibilities. He requested that the zoning remain SR-4 and if a solid plan is presented then engage and then thanked the Board for their service. Emery Barnes, 2020 Division Street, asked why such a large building was needed and suggested the property be a park or leave it zoned as single family and make single family home lots. Alvin Bourdo, 2053 Division Street, stated he is opposed to the rezone and suggested “park housing” designed for small areas with sidewalks and gardens, asked if there was done research on what options could be done with the property and if federal grant funds may be available. He stated he feels the reputation of the Village needs to be protected, the property should be used for the community or small office buildings.  EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 3 of 6 Sandy Stanford, 1985 Division Street, stated that she has requested information from President Seager that has not yet been provided and feels it is irresponsible to go forward with rezoning the property without knowing what is under the street. Consent Agenda 1. Approval Minutes – 10/18/2 2. Consider approval of renewal of 2-Year Natural Lawn Permit to Joe & Lura Asby, 1849 East Drive. (Neighbors within 300’ have been notified, no objections received) for 2021-2023 3. Consider approval of Class A Beer/Liquor License and Tobacco license to True North LLC. Premises located at 2526 Main St. (Shell) known as True North #827, Daniel Pamperin, Agent, for the period of November 15, 2021, to June 30, 2021, contingent upon surrender of current license for GCS Operations LLC. (Due to sale of business, no packet materials) Motion by Trustee Johnson, second by Trustee Smalley, to approve the consent agenda. Motion carried. Miscellaneous Business 1. Consider request from East Troy Lions Club for repairs to the Food Stand at Rossmiller Park. DPW Equitz requested clarification from the Board on the ownership of the food stand structures and the equipment to assess the service needs. Direction of the Board was that the Village owned and were responsible for the structures and equipment. Daniel Mittelsteadt, East Troy Lions Club, explained that the Lions Club used the food stands at Rossmiller Park and noticed that the grill hood system needs repair because it is filthy and leaking oil. They received a quote for the repair work and wanted to approach the Village to determine who is responsible for the maintenance of the buildings as the Village owns the buildings and the ET Lions Club uses them for their events. Discussion focused on the ownership and responsibility of the structures, the equipment and future service needs. Motion by Trustee Johnson, second by Trustee Alexander, to proceed with paying for the needed service, have DPW Equitz work with the vendor to quote annual service needed and for staff to propose a Special Event Fee for those groups that use this equipment going forward. Motion carried. 2. Consideration of possible change order related to Village Square project. (no packet materials) DPW Equitz discussed the additional costs for the winter additives for the concrete costs. He doesn’t have an official change order at this time, the contractor has agreed to honor their warranty, and after negotiations the increase to the Village will be about $8,000.00 for the winter concrete costs for additives and coverings for the sidewalks on the Square. The sidewalks on Church Street could wait until next year but the contractor would like to complete them this year and so they will absorb the cost for those additives. There may be some potential ice/snow control issues this winter and this will be brought back to the Board in the future such as needing to protect the concrete during this winter such as suppling ice melt product to property owners for this winter.  EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 4 of 6 Motion by Trustee Johnson, second by Trustee Nugent, approve the change order with the statement that we hit the substantial date of November 24 with no additional time allowed past November 24. Motion carried. 3. 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 (application 2021-25) Tabled by Village Board 10/18/2021 Ted Zess, School Board President, encouraged the Board to approve the rezone request and explained that the property has been for sale for several years and the developers they have had discussions with have been looking at high density development because they fee remaining as a single-family zoning would not be able to be a profitable development with the required roads and infrastructure. He stated that to his knowledge no residential group had presented an offer for the property. He stated that the AR-9 zoning would fit this in-fill property. Discussion included a recent project that a local realtor worked with for a cottage housing type development in a different community, defined cottage housing and showed an example of this type of development, how the AR-9 zoning could encourage development, the type of development that would utilize AR-9 zoning, differences of TR-8 and AR-9 zoning, that developers are typically bear the cost of upgraded infrastructure needs, speculation that a development at this location may require upgraded water mains and that the work associated with this could be done within the Village right of way on Division Street, the water system and wastewater treatment plant would be able to accommodate a development, the authority of the Plan Commission and Village Board in the approval process of any development plan and the current asking price for the property is around $450,000. Trustee Johnson expressed his understanding and sympathy to the School Districts needs but stated his concern with no current plan. He expressed that the plan for a 90-unit development would not have been approved and has yet caused everyone to become excited. He also discussed another property that had a conditional rezone approved and has since expired and no development came forth due to the rezoning. President Seager stated that he understands the concerns that have been voiced and empathizes with residents. He agreed that the 90-unit proposal would not have been approved by the Plan Commission or the Village Board, and that cottage housing would be a great option but would need to be zoned AR-9. He explained that parks are great, but they are very expensive to the community. He understands the School District’s request because they need to market the property and the Single-Family zoning hasn’t worked to bring them a buyer. He restated that the Plan Commission and Village Board would have authority for whatever development would be proposed for the property. Ted Zess explained to Trustee Wisniewski the funding issues for the school district including that the referendum was defeated, that more students are needed to hold taxes, that the new school was built because the Chester Brynes and Doubek School buildings were no longer suitable to use for schools, he discussed the budget cuts that have been made and those that are anticipated for the next several years to balance the budget, and that taxes are only limited in how much they can be raised and the District is trying to keep taxes lower for residents.  EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 5 of 6 Trustee Wisniewski stated that he feels that Covid threw off the District’s marketing efforts and doesn’t agree with the AR-9 rezoning at this time to allow the District more time to market the property at the current zoning. Motion by Trustee Nugent, second by Trustee Renucci, to approve the rezone from SR-4 to AR- 9. Trustee Alexander stated that he is not comfortable with this and feels that the original 90-unit plan shocked and soured everyone. He understands the points that have been made during the discussions but is concerned with rezoning the property at this time and feels there needs to be another way to market this property. He expressed his concern that the property could be rezoned and then the Village Board members could change, and another Board may not have the same vision. He stated that he cannot support the rezone at this point. Trustee Johnson stated that he feels that there are other ways to market this property given the right the development plan is offered and that the School District now has a better idea of what would be acceptable. Attorney Geary stated that municipalities have input on developments proposed but the Comprehensive Plan reflects this very zoning and approving this zoning would be reflective of the Comprehensive Plan if that is the position and vision for the future. Not approving this request is also a defensible decision because there is no development currently proposed. Either decision is defensible and while the decision to meet the Comprehensive Plan is more readily defensible the Board would rather wait until a plan is presented that is also a defensible decision. Discussion included the concerns of the residents and the request by a landowner (the School District) to rezone that in accordance with the Comprehensive Plan and to consider the comments brought by the residents when a development presented. Attorney Geary reviewed the processes in place to control a plan when presented including that it would need to be submitted for all applicable approvals and if it meets all the “check boxes” it would also need to meet all standards in the code. Once all those requirements are met the Plan Commission and/or Village Board would be hard pressed to deny such a plan. He also confirmed that typically every development would need to pay for any infrastructure needed for their development and if work is done in the right-of-way restoration is required. The vote was called, and the motion was defeated with 3 for the motion and 4 against. (Trustees Alexander, Johnson, Renucci and Wisniewski voted no) 4. Consideration of Alpine Valley Sanitary Agreement DPW Equitz stated the agreement expired 2011 and has been in development since then. The presented agreement has made some changes to address the hydrogen sulfide build up that occurs due to low flow from Alpine Valley, as gas sits and “cooks” creating acid. The new agreement includes Alpine adding a chemical, a manhole and vent to address the hydrogen sulfide build up. This agreement caps their daily flow and if the flow increases beyond this maximum Alpine Valley Resort would contact the Village to approve the increase. Material from the music theater flows to the resort and then flows to the Village system. The rates are all paid  EAST TROY VILLAGE BOARD MINUTES November 1, 2021 Page 6 of 6 by the resort and the Village bills the resort so there is no need for an agreement with the Music Theater. Motion by Trustee Johnson, second by Trustee Alexander, to approve the agreement with Alpine Valley. Motion carried . Ordinances & Resolutions 1. Resolution 2021-23 – Resolution authorizing contract and individual to execute contract with KS State Bank for Plow Truck Purchase Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2021-23, Motion carried. Reports 1. ETAESD 9/21/2021 Minutes 2. ETAESD 10/12/2021 Special Meeting Minutes 3. Booth Lake Memorial Park 09/15/2021 Minutes Adjourn Motion by President Seager, second by Trustee Johnson, to adjourn. Motion carried at 8:10 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