MINUTES FROM REGULAR MEETING
OF THE DEERFIELD VILLAGE BOARD
JUNE 26, 2006
CALL TO ORDER AT 7:00 P.M. AT THE VILLAGE HALL, 4 N. MAIN STREET AND ROLL CALL
President Evensen called the meeting to order at 7:00 pm. Present:Haag, Searle, Frutiger, Wilkinson and Kiefer.
Also present: Attorney Anderson.
APPROVAL OF AGENDA
Motion by Evensen, second by Kiefer to approve the agenda with item #25 tabled and item #3 Public Hearing will be held only no action will be taken. Motion carried.
APPROVAL OF MINUTES FROM JUNE 12, 2006
Motion by Wilkinson, second by Kiefer to approve the minutes from June 12, 2006 as corrected. Motion carried.
PUBLIC INPUT
James Hildebrandt stated that there needs to be additional maintenance on the diamond at the Community Park. Evensen stated this item would be referred to the Parks Committee for review and recommendation.
1) PUBLIC HEARING AND ACTION – REQUEST FROM JAMES AND TRACY HILDEBRANDT, OWNER OF 226 SUNSET CT FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE OF 720 SQ. FT. AT 226 SUNSET CT - EVENSEN
Evensen stated that the Planning Commission reviewed this item and the main issue was whether this building would be used for commercial use.
Evensen then opened the hearing for public comments. Mr. Hildebrandt stated the additional garage was for storage of his boat and other residential items. Being there were no additional comments the hearing was closed at 7:05 pm.
Discussion was held. Motion was made by Evensen, second by Frutiger to approve the CUP for 226 Sunset Ct. to construct a 720 square foot detached garage with the following conditions:
a) The garage will not be used for business activities
b) All state and local codes must be complied with.
Motion carried.
2) PUBLIC HEARING AND ACTION ON REQUEST FROM VERIDIAN HOMES, 6801 SOUTH TOWN DR., MADISON, WI 53713 FOR AN AMENDMENT TO THE RESIDENTIAL PUD DISTRICT ON PART OF “THE HERITAGE” LOCATED ON A REPLAT OF LOTS 2 THROUGH 32 AND LOTS 45 THROUGH 60 AND PART OF OUTLOT 3 OF THE HERITAGE, LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 28 T7N,R12E VILLAGE OF DEERFIELD, DANE COUNTY, WI – EVENSEN
Evensen opened the hearing and asked for public comments. Dave Dinkel of the Property Shop stated that the 1000 square foot homes in the PUD are too small for the reconfigured lots
Being no other comments the hearing was closed at 7:12 pm.
Representatives of Veridian explained that the minimum house size on these lots would be 1,100 square feet not 1,000 square feet.
Discussion was then held and Evensen stated that the Planning Commission recommended approval with the
following conditions:
a) Technical correction are made
b) All Village codes are complied with
c) All the Attorney’s comments are addressed
Attorney Anderson stated she recommended conditional approval of the amended SIP/PUD, rezoning including the amended Heritage & Alpine neighborhood plan contingent on the following:
a) Village Board approval of the zoning text and submission of the protective covenants
b) Satisfaction of the conditions placed on approval of the final plat and contained in the development agreement
Motion was made by Evensen, second by Frutiger to conditionally approve an amendment to the Residential PUD District on part of “The Heritage” on the conditions recommended by Attorney Anderson. Motion carried.
3) PUBLIC HEARING AND ACTION – ORDINANCE AMENDMENT TO UPDATE THE ZONING CODE WITH CHANGES RECOMMENDED BY THE PLANNING COMMISSION - EVENSEN
Evensen opened the public hearing and asked for public comments. There was no public comments so the hearings were closed at 7:20 pm. Evensen and Frutiger explained the changes that were made. Haag questioned if prior to final action staff could go over all the changes. Evensen stated that this could be done at the next meeting when the ordinance is acted on. The matter was held over.
4) REVIEW/ACTION – FINAL PLAT FOR “THE HERITAGE FIRST ADDITION” BEING A REPLAT OF LOTS 2 THROUGH 32 AND LOTS 45 THROUGH 60 AND PART OF OUTLOT 3 THE HERITAGE LOCATED IN THE NE 1/4 OF THE SW 1/4F SECTION 28 - EVENSEN
Attorney Anderson stated that the plat could be approved with the following 10 conditions:
i. Submission of any revised engineering plans and profiles, utility plans, grading plans, and storm water management and erosion control plans for the Heritage First Addition as may be required by the Village Engineer, and subject to review and approval by the Village Engineer and Village Director of Public Works, with all significant deviation from Village ordinances or standard practices to be subject to approval by the Village Board.
ii. Execution of the Fourth Amendment to the Heritage Development Agreement with final exhibits and additions to be modified as negotiated between the Developer and the Village Attorney, with all significant modifications to be subject to approval by the Village Board.
iii. Compliance with all recommendations and conditions provided by the Village Engineer.
iv. Final Village approval of the amended PUD-residential rezoning.
v. Execution of the approved Zoning Text.
vi. Submission and execution of the revised Protective Covenants and Restrictions covering the new lot numbers, with the content to be in substantially the same form as those Covenants and Restrictions previously approved for the Heritage Plat, and with all significant modifications to be subject to approval by the Village Board.
vii. Submission and execution of standard special assessment waivers covering the new lot numbers.
viii. Addition of a plat notation to the final plat, if required for recording purposes, in substantially the following form:
“Pursuant to Wis. Stats. § 66.1025 (1), by resolution of the Village of Deerfield, the special purposes and the conditions for which Outlots 3 and 4 were previously dedicated under the Heritage Plat have subsequently become impossible and impracticable, and the Village granted said land back to Owner, and the Village accepted from the Owner a grant relieving the Village of the special purposes and conditions of the dedications prior to the date of this replat. Outlot 3 is being related in the location and for the public purposes set forth herein”
ix. Modification of the plat notation for Lot 16 to read “Dedicated to the Village of Deerfield for Open Space, Storm water Drainage, and access to Outlot 3”
x. Compliance with the strictest of the state statutes, Village ordinances and/or contractual obligations applicable to the Final Plat.
Motion by Evensen, second by Wilkinson to approve the Final Plat for “The Heritage First Addition” with the following conditions:
a. Submission of any revised engineering plans and profiles, utility plans, grading plans, and storm water management and erosion control plans for the Heritage First Addition as may be required by the Village Engineer, and subject to review and approval by the Village Engineer and Village Director of Public Works, with all significant deviation from Village ordinances or standard practices to be subject to approval by the Village Board.
b. Execution of the Fourth Amendment to the Heritage Development Agreement with final exhibits and additions to be modified as negotiated between the Developer and the Village Attorney, with all significant modifications to be subject to approval by the Village Board.
c. Compliance with all recommendations and conditions provided by the Village Engineer.
d. Final Village approval of the amended PUD-residential rezoning.
e. Execution of the approved Zoning Text.
f. Submission and execution of the revised Protective Covenants and Restrictions covering the new lot numbers, with the content to be in substantially the same form as those Covenants and Restrictions previously approved for the Heritage Plat, and with all significant modifications to be subject to approval by the Village Board.
g. Submission and execution of standard special assessment waivers covering the new lot numbers.
h. Addition of a plat notation to the final plat, if required for recording purposes, in substantially the following form:
“Pursuant to Wis. Stats. § 66.1025 (1), by resolution of the Village of Deerfield, the special purposes and the conditions for which Outlots 3 and 4 were previously dedicated under the Heritage Plat have subsequently become impossible and impracticable, and the Village granted said land back to Owner, and the Village accepted from the Owner a grant relieving the Village of the special purposes and conditions of the dedications prior to the date of this replat. Outlot 3 is being related in the location and for the public purposes set forth herein”
i. Modification of the plat notation for Lot 16 to read “Dedicated to the Village of Deerfield for Open Space, Storm water Drainage, and access to Outlot 3”
j. Compliance with the strictest of the state statutes, Village ordinances and/or contractual obligations applicable to the Final Plat.
k. Approve the Fourth Amendment to the Development Agreement regarding improvements in the plat of the Heritage, the Alpine Addition to the Heritage and the Heritage First Addition and Resolution R2006-12 “Resolution Pertaining to the Heritage/Alpine Addition/Heritage First Addition Development Agreement and Authorizing the posting of Phase 2, Phase 3 and Phase 4 (Alpine Addition) performance bond.
Motion carried.
5) REVIEW/ACTION – ORDINANCE #O-2006-05 “AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF DEERFIELD “DRUMLIN HILLS) AND ANNEXATION AGREEMENT – ANDERSON
Attorney Anderson stated the Village Board will be reviewing and considering approval of several documents related to the Olsons’ Drumlin Hill development. These include:
a) Resolution for Approval of Preliminary Plat
b) Sample Development Agreement.
c) Annexation Ordinance
d) Zoning Ordinance.
After reviewing the documents, Walt Olson asked if approval from the county was delayed could the September 1 deadline be extended.
Attorney Anderson explained there was a 90 day extension available.
Motion by Evensen, second by Searle approving ordinance 2006-05 “An Ordinance Annexing Territory to the Village of Deerfield, WI (Drumlin Hills)”. Motion carried.
6) REVIEW/ACTION – PRELIMINARY PLAT “DRUMLIN HILL” - ANDERSON
Attorney Anderson answered questions on the conditions on the Preliminary Plat and the draft of the Development Agreement after discussion.
Motion by Evensen, second by Frutiger to approve Resolution R2006-13 “Resolution Conditionally Approving The Preliminary Plat of Drumlin Hill”. Motion carried.
7) REVIEW/ACTION – ORDINANCE #O-2006-11 “AN ORDINANCE AMENDING THE ZONING MAP FOR THE AREA KNOWN AS “DRUMLIN HILL” – ANDERSON
Attorney Anderson explained that this ordinance had a delayed effective date that was consistent with the other issue regarding Drumlin Hill.
Motion by Evensen, second by Searle to approve Ordinance # O2006-11 “An Ordinance Amending The Zoning Map For The Area Known As “Drumlin Hill”. Motion carried.
8) REVIEW/ACTION – EXTRA-TERRITORIAL CSM – UNITED COOPERATIVE INC. FOR A RESURVEY OF LOT 1 OF CSM #2611 (CORNER OF HWY73 AND LONDON ROAD) – EVENSEN
Evensen stated that the Planning Commission recommended approval of this CSM with the following conditions:
a) Clarification was obtained on why the other parcel of land owned by the United Cooperative was not included.
b) All scribers errors on the CSM are corrected
c) All Village codes are complied with
Clerk Otte explained that the other parcel was not included because it was a different zoning classification.
Motion by Evensen, second by Frutiger to approve the Extra-Territorial CSM on the condition that all scribers errors are corrected and the CSM meets all Village code requirements. Motion carried.
9) REVIEW/ACTION – ORDINANCE #O-2006-06 “AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF DEERFIELD, WISCONSIN” (WATER TOWER LAND ON JENSEN LANE) – EVENSEN
Evensen explained that this is Village owned land and the Planning Commission and the Board previously recommended annexation.
Motion by Evensen, second by Wilkinson to approve Ordinance #O-2006-06 “An Ordinance Annexing Territory to
the Village of Deerfield, Wisconsin” (Water Tower Land On Jensen Ln). Motion carried.
10) REVIEW/ACTION – ORDINANCE #O-2006-07 “AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF DEERFIELD, WISCONSIN” (PART OF W. QUARRY ST. & MEADOW TRACE ROADWAY) – EVENSEN
Evensen explained that this is Village owned land and the Planning Commission and the Board previously recommended it annexation.
Motion by Evensen, second by Frutiger to approve Ordinace #O-2006-07 “An Ordinance Annexing Territory to the Village of Deerfield, Wisconsin” (Part Of W. Quarry St. & Meadow Trace Roadway). Motion carried.
11) REVIEW/RECOMMENDATION - CLASS A BEER LICENSE - EVENSEN
a) WILLIAM LOEDER, LOEDER OIL, INC. - LOEDER BP DEERFIELD, 109 N MAIN STREET
Evensen stated the Finance Committee recommended the approval of a Class “A” Beer License for Loeder BP Deerfield conditioned that all Village code requirements are met.
Motion by Evensen, second by Searle to approve a Class ”A” Beer License for Loeder BP Deerfield with the condition that all Village code requirements are met. Motion carried.
12) REVIEW/RECOMMENDATION – CLASS A BEER AND CLASS A LIQUOR LICENSE - EVENSEN
a) TOM & SUSAN GULLICKSON, DEERFIELD CITGO INC., 216 S. MAIN STREET
b) KAMIESH PATEL, OM SHRI , INC., - JAMBOREE FOODS, 617 S. MAIN STREET
Evensen stated the Finance Committee recommended the approval of a Class “A” Beer and Liquor License for Deerfield Citgo and Jamboree Foods conditioned that all Village code requirements are met.
Motion by Evensen, second by Searle to approve a Class ”A” Beer and Liquor License for Deerfield Citgo and Jamboree Foods with the condition that all Village code requirements are met. Motion carried.
13) REVIEW/RECOMMENDATION – CLASS B BEER AND CLASS B LIQUOR LICENSES - EVENSEN
a) DALTON SCHREIBER, THE CUDA-CAFÉ, 12 S INDUSTRIAL PARK ROAD
b) KURT NOTSTAD, K & K TAP, 34 N. MAIN STREET
c) GARY STORLID, KURT’S NEVER INN INC. , 26 N. MAIN STREET
d) ROSS AND JUDITH HOTTMAN, THE PICKLE TREE, 625 S. MAIN STREET
e) CHRISTINA STUDER, TINA’S DEERFIELD PUB & GRILL, 15 N MAIN STREET
Evensen stated the Finance Committee recommended approval of a Class “B” Beer and Liquor License to The Cuda-Café, K & K Tap, Kurt’s Never Inn, The Pickle Tree and Tina’s Deerfield Pub & Grill on the following conditions:
a) All Village code requirements are met
b) The license to The Cuda-Café and Tina’s Deerfield Pub & Grill are allowed to serve on the Deck/Patio on the condition that if a complaint is received on the use of the Deck/Patio the Village Board will review the complaint and determine if hours of use for the Deck/Patio should be limited.
Motion was the made by Evensen, second by Searle to approve the licenses with the conditions stated above.
Haag then questioned the allowing of minors at the Cuda-Café when there are dances with alcohol being served.
After discussion, Evensen and Searle amended the motion to include the provision that no un-accompanied minor less than 18 years of age, would be allowed in the upstairs of the Cuda-Café for the entertainment when alcohol is being served.
Yea: Kiefer, Searle, Frutiger and Evensen. Nays: Haag & Wilkinson. Motion carried.
14) REVIEW/RECOMMENDATION – TEMPORARY CLASS B LICENSE - EVENSEN
a) DEERFIELD VOLUNTEER FIRE DEPARTMENT
Evensen stated the Finance Committee recommended the approval of a Temporary Class “B” License for the Deerfield Volunteer Fire Department.
Motion by Evensen, second by Frutiger to approve a Temporary Class “B” License for the Deerfield Volunteer Fire Department. Motion carried.
15) REVIEW/RECOMMENDATION – OPERATOR’S LICENSES - EVENSEN
BINGHAM, BRIANNA LEE, BIRKREM, STEVEN C., BORGER, DENNIS G., BUSHEY, KATHY L., CHRISTIANSON, JASON S., DEEGAN, ELIZABETH K., DEHART, HEATHER M., ENGELHART, ANNA T., FANKHAUSER, BRETT A., FANKHAUSER, RYAN D., FRUTIGER, SHANE M., GEIGER, LAURELYN A., GILBERTSON, RACHEL M., GROSSMAN, SARAH L., GULLICKSON, RYAN C., HAINES, EMILY A., HANSEN, KRISTY M., HEIN, KENDALL E., HEISER, ANN MARIE, HEWITT, KERRI L., HEWITT, LARRY M., HOTTMAN, MICHAEL R., HUTTER, KIMBERLY D., KOSTROSKI, AMANDA J., KREUGER, DAWN M., LUCK, DANIEL D., MACK, SCOTT H., MAIER, SHERI J., MCCREDIE, ELIZABETH J., MEHLTRETTER, DENISE M., MUELLER, BETH A., PANZER, TRACY A., PATEL, AMIT R., PATTERSON, ELIZABETH D., PROSA, SCOTT L., RADKE, JOYCE Y., REICHERT, BRENDA L., ROBERTS, DENA L., SCHEEL, KAREN J., SCHABOW, BREANNA L., SHEA, EMILY F., SMITH, KLARISA, M., SPYCHALSKI, TARA L., STAMPFLI, DARLA S., VOUTE, VICKI L., WARDELL, BONNIE J., WATZKE, TAMMY L., WILCOX, LAURA J., ZICKERT, AMBER M., ZICKERT, DAWN M., ZICKERT, KRISTINE H., ZICKERT, LINDSEY E., ZIMMERMAN, JENNIFER S.
Evensen stated the Finance Committee recommended approval of Operator’s Licenses as listed above.
Motion by Evensen, second by Kiefer to approve Operator’s Licenses as listed above. Motion carried.
16) REVIEW/RECOMMENDATION – CIGARETTE LICENSES - EVENSEN
a) DEERFIELD CITGO / SUSAN GULLICKSON
b) K & K TAP, KURT NOSTAD
c) KURT’S NEVER INN / GARY STORLID
d) LOEDER OIL / WILLIAM LOEDER
e) JAMBOREE FOODS / KAMIESH PATEL
f) TINA’S DEERFIELD PUB & GRILL / CHRISTINA STUDER
Evensen stated the Finance Committee recommended approval of Cigarette Licenses to Deerfield Citgo, K & K Tap, Kurt’s Never Inn, Loeder Oil, Jamboree Foods and Tina’s Deerfield Pub & Grill.
Motion by Evensen, second by Kiefer to approve Cigarette Licenses to Deerfield Citgo, K & K Tap, Kurt’s Never Inn, Loeder Oil, Jamboree Foods and Tina’s Deerfield Pub & Grill. Motion carried.
17) REVIEW/ACTION – REQUEST TO CLOSE STREETS – HAAG
a) PHEASANT COURT – JUNE 24, 2006
b) PARK DRIVE, HALF OF W. NELSON, GRAND AVE. AND W. DEERFIELD ST. FOR FIREMAN’S FESTIVAL
Haag stated the Public Works Committee recommended approval of the requests for street closing for Pheasant Court on June 24, 2006 and Park Drive, half of W. Nelson, Grnad Ave and W. Deerfield Street for the Fireman’s
Festival.
Motion by Haag, second by Frutiger to approve the street closing for Pheasant Court on June 24, 2006 and Park Drive, half of W. Nelson, Grand Ave and W. Deerfield Street for the Fireman’s Festival. Motion carried.
18) REVIEW/ACTION – 2005 CONSUMER CONFIDENCE REPORT – HAAG
Haag stated that the Public Works Committee recommended approval of the 2005 Consumer Confidence Report.
Motion by Haag, second by Wilkinson to approve the 2005 Consumer Confidence Report is to be published as required by the DNR. Motion carried.
19) REVIEW/ACTION – RESOLUTION R2006-14 “A RESOLUTION APPROVING THE 2006 ANNUAL COMPLIANCE MAINTENANCE REPORT” – HAAG
Haag stated that the Public Works Committee recommended approval of Resolution R2006-14 “A Resolution Approving the 2006 Annual Compliance Maintenance Report”.
Motion by Haag, second by Kiefer to approve Resolution R2006-14 “A Resolution Approving the 2006 Annual Compliance Maintenance Report”. Motion carried.
20) REVIEW/ACTION – TEMPORARY APPOINTMENT OF TRUSTEE TO FINANCE COMMITTEE – EVENSEN
Evensen stated that there is a need to appoint a trustee temporary to the Finance Committee because of up coming vacations and he would recommend Mary Kiefer.
Motion by Evensen, second by Wilkinson to temporarily appoint Mary Kiefer to the Finance Committee. Motion carried.
21) REVIEW/ACTION – REQUEST FROM OFFICERS RITZEMA AND FALKOWSKI FOR UTSIDE EMPLOYMENT – EVENSEN
Evensen stated the Personnel Committee recommended the approval of the request from Officers Ritzema and Falkowski for outside employment however the request to work at Cottage Grove has passed.
Motion by Evensen, second by Frutiger to approve the request from Officers Ritzema for outside employment at UW Football games and that if the event had not passed to work at Cottage Grove Picnic would have been
approved. Motion carried.
22) REVIEW/ACTION – EMS/FIRE STATION BID PROCESS – EVENSEN
Evensen stated the plans are available for review and that the following four items will be considered as alternates:
a) Extra bay size
b) Sprinkler System
c) Site Work
d) Entryway
Discussion was held on the plans and approved advertising for bids.
23) DISCUSSION/ACTION – AUTHORIZATION FOR OTHERS TO REPLACE EXISTING FENCE ON SOFTBALL AND HARDBALL DIAMONDS IN FIREMAN’S PARK – SEARLE
Searle stated at the last meeting the Attorney’s opinion was requested on whether or not the Board could approve the installation of the outfield fence by others. Attorney Anderson explained the liability issue and the license (Easement) that the Village has on Liberty Commons land.
Clerk Otte informed the Board that the softball league was hiring a contractor to install the fence professionally.
Attorney Anderson saw no legal issues on installing the fence since a contractor was going to be used.
Motion by Evensen, second by Searle to allow the softball league to have a replacement outfield fence installed. Motion carried.
Kiefer questioned Item #2 in the previously approved fencing contract and stated she thought this was on the softball diamond.
After discussion, Searle stated this issue would be on the next Park Board agenda.
24) REVIEW/ACTION – ELIMINATION OF THE POSITION OF JANITOR AND CHANGE THE POSITION OF SUMMER OFFICE HELP TO PART TIME OFFICE HELP – EVENSEN
Evensen stated the Personnel Committee recommended the discontinuation of the position of janitor and summer office help and to create the position of part time office help. This would have no budget affects but would create a more efficient office and to hire Amy Reed for this position.
After discussion, motion by Evensen, second by Kiefer to approve the discontinuation of the position of janitor and summer office help and to create the position of part time office help and to hire Amy Reed for this position. Motion carried.
25) APPOINTMENT OF BUILD GRANT STEERING COMMITTEE - EVENSEN
This item tabled.
26) APPROVAL OF BILLS
Motion by Evensen, second by Searle to approve check #39442 – 39488 in the amount of $54,136.96. Motion carried.
ANY OTHER SUCH MATTERS AS ALLOWED BY LAW
a. THANK YOU – DEERFIELD POLICE
b. OPEN RECORDS REQUEST
Haag questioned the Heritage Pond and who is responsible to clean it out.
After discussion, Evensen stated this item would be returned to the Public Works Committee.
ADJOURNMENT
Motion by Evensen, second by Haag to adjourn at 8:45 pm.
/S/ Dean A. Otte