VILLAGE BOARD MINUTES
VILLAGE OF DEERFIELD
FOR A MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF DEERFIELD HELD AT THE DEERFIELD VILLAGE HALL, 4 N. MAIN STREET, DEERFIELD, WISCONSIN ON MONDAY, JULY 28, 2008 AT 7:00 P.M.
I. CALL TO ORDER – NOTING OF ROLL BY CLERK
President Mathews called the Village Board meeting to order at 7:00 P.M. Roll call present: Kiefer, Mathews, Schreiber, Frutiger, Smith, Wilkinson and Tebon. Absent: None
Also present – See sign in list on file in the clerk’s office.
II. CONSENT AGENDA
A. APPROVAL OF MINUTES FROM JULY 14, 2008
Motion by Kiefer, second by Frutiger to approve the minutes of the July 14, 2008 Village Board meeting as corrected. Motion carried.
B. APPROVAL OF VOUCHERS
Mathews stated that the Finance Committee has reviewed the vouchers and recommended their approval.
After discussion, motion by Wilkinson, second by Kiefer to approve payment of check #41940 to #41975 in the amount of $57,469.33. Motion carried.
C. COMMITTEE REPORTS
1. EMS COMMISSION 7/17 5. PUBLIC WORKS 7/25
Frutiger reported on the meeting. Mathews reported on the meeting.
2. LIBRARY BOARD 7/18 Kiefer asked that staff notify the residents that Kiefer reported on the meeting. attended the 7/14/08 Board Meeting regarding the 3. PLANNING COMMISSION 7/21 Morningside Pond about the 7/23/08 meeting and Mathews reported on the meeting. the items that were discussed.
4. CAMBRIDGE/DEERFIELD POLICE 7/22 6. FINANCE COMMITTEE 7/28
Kiefer reported on the meeting. Mathews reported on the meeting.
7. AUGUST CALENDAR
The Board reviewed the August Calendar and after changes found it acceptable.
III. PUBLIC APPEARANCES
A. PUBLIC COMMENTS
Sandy Gilbertson of 238 N. Main Street stated that she was opposed to the proposed zoning text amendment that would allow two family dwelling as a CUP on the homes on Main Street. She felt that this would decrease the value of properties on Main Street and ruin the appeal of Deerfield.
Dave Dinkel of 33 N. Main Street stated the he is also opposed to the proposed zoning text that would allow two family dwellings because of the negative impact it would have on the Village and the fact that the present conditions are working.
Barbara Imai and Karen Borgrud stated that they had the same opinion as Ms. Gilbertson.
Mathews then stated that when the ordinance comes up on the agenda he would recommend that the CUP provision to allow two family dwellings be removed from the code at this time and that a public hearing be held on this provision on August 20, 2008.
B. J. MAUNUS REFERENCE HOUSE AT 11 S. WESTERN AVE
Elizabeth Maunus appeared before the Board and asked for financial assistance from the Village because of the flooding of her home at 11 S. Western Ave. in August 2007. She explained the damage that happened to their home and the assistance received from FEMA. She also reported that the Villages Insurance Company stated that the Village had no liability in this matter.
Mathews states that the Board would look into this matter further.
IV. UNFINISHED BUSINESS, REVIEW & ACTION THERE ON:
1. SEWER ADJUSTMENT 11 STATE STREET
Mathews stated that under Village Policy this request did not meet the increased usage requirement therefore the Public Works Committee recommended denial of this request.
After discussion, motion was made by Kiefer, second by Wilkinson that no adjustment be made to the sewer bill for 11 State Street because the request did not meet Village policy requirements. Motion carried
2. TIF #5 DEVELOPERS INCENTIVE AGREEMENT
Mathews stated that due to engineering issues placement of the grocery store is moving from the Southern portion of the proposed lot to the Northern portion of the proposed lot. This change will cause a change in the amount of the incentive the developer will receive in regards to the water main. Otte reported that the new incentive calculations are not completed
because verification of the lot size needs to be verified by the proposed purchaser.
Mathews recommended that this matter be forwarded to the August 20, 2008 Joint Village Board and Planning Commissions meeting. The board agreed.
3. GROCERY STORE DEVELOPERS INCENTIVE AGREEMENT
Mathews stated that at this time no changes have been requested for the incentive for the Grocery Store therefore, this matter should be forwarded to the August 20, 2008 Joint Village Board & Planning Commissions meeting. The board agreed.
4. SQUAD CAR REPLACEMENT AND RADIOS
Mathews stated that the Finance Committee recommended to the Board the bid of $6,250.00 for the Village of Marshall’s 2006 Crown Victoria squad car and to purchase a portable radio and a squad radio on the condition that the Villages cost do not exceed $1,265.34 after the grant.
After discussion, motion was made by Kiefer, second by Frutiger to bid $6,250.00 for the Village of Marshall 2006 Crown Victoria squad car and to purchase a portable radio and a squad radio on the condition that the Villages cost do not exceed $1,265.34 after the grant. Motion carried.
V. NEW BUSINESS
A. RESOLUTIONS
1. NONE
B. LICENSES & PERMITS
1. OPERATOR LICENSES FOR ASHTON MERGEN, ASHLEY WEISENSEL, JENNA ZICKERT AND SHELLI ZICKERT
Mathews stated that after review by the Finance Committee they recommended to the board the granting of operators licenses to Ashton Mergen, Ashley Weisensel, Jenna Zickert and Shelli Zickert.
After review of the application, motion was made by Schreiber, second by Tebon to approve the operator’s licenses for Ashton Mergen, Ashley Weisensel, Jenna Zickert and Shelli Zickert. Motion carried.
C. REVIEW & ACTION:
1. CSM LAND DIVISION TOMAS AND SUSAN NELSON LIBERTY STREET AND PREDEVELOPMENT AGREEMENT
Mathews stated that the Planning Commission recommender the approval of the CSM for Tomas Nelson and the predevelopment agreement for 9.18 acre parcel of land on Liberty Street with the addition of these two provisions:
The developer shall include a notice on the deeds to all lots sold within 1,000 feet during the time extraction, crushing, and/or screening activities will be occurring, with such notice indicating that such activities will be taking place and the potential impact.
Operations will cease during burial services at the Liberty Street cemetery.
After discussion regarding the hours of operation, motion was made by Tebon, second by Smith the approval of the CSM for Tomas Nelson and the predevelopment agreement for 9.18 acre parcel of land on Liberty Street with the addition of these three provisions:
The developer shall include a notice on the deeds to all lots sold within 1,000 feet during the time extraction, crushing, and/or screening activities will be occurring, with such notice indicating that such activities will be taking place and the potential impact.
Operations will cease during burial services at the Liberty Street cemetery.
Hours of operation shall be limited to 7:00 A.M. to 8:00 P.M. Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturdays. Motion carried.
2. AMENDMENT TO TID#3 GRANT MARV DORSHORST
Mathews stated that the Planning Commission recommended the amendment to the TID #3 Grant to Marv Dorshorst for 113 N. Main Street to eliminate the provision requiring rain gutters with the grant amount remaining the same because the total expenditures that have been made by the owner still complied with the grant criteria.
John Doyle questioned wheather the elimination of the rain gutters would cause an ice buildup on the sidewalk.
After discussion the board requested that Mr. Dorshorst appear before the board to address Doyle’s concerns prior to any action being taken. Matter held over.
3. STORAGE OF SALT FOR THE VILLAGE OF MARSHALL
Mathews stated that the Public Works Committee reviewed this matter and recommended to the Board that the Village of Marshall be allowed to store road salt in the Village of Deerfield’s salt shed and that the Village will load their trucks on a as need basis. The fees for these services will be determined at a later date.
After discussion, motion was made by Wilkinson, second by Frutiger to allow the Village of Marshall to store road salt in the Village of Deerfield’s salt shed and that the Village will load their trucks on a as need basis. The fees for these services will be determined at a later date. Motion carried.
VI. ORDINANCES
A. ORDINANCE O-2008-08 “AN ORDINANCE ADOPTING A REVISED CHAPTER 24 “ZONING CODE”
Mathews stated that the Planning Commission recommended to the Board the adoption of the revised Chapter 24 “Zoning Code” however after hearing the public comments regarding the CUP provision that would allow two family dwellings in the R-2 district, this should be deleted at this time.
Motion was made by Tebon, second by Wilkinson to adopt the revised Chapter 24 “Zoning Code” without the CUP provision in the R-2 Zoning district allowing two family dwellings. Motion carried.
B. ORDINANCE O-2008-09 “THE AREA KNOWN AS WOOD EDGE BUSINESS PARK”
Mathews stated that the Planning Commission recommended the adoption of a zoning map amendment for the developable land on S. Main Street known as the Grocery Store site from Ag to C-M and that the balance of the land remain Ag Zoning or Flood Plain Zoning.
After discussion, motion was made by Kiefer, second by Tebon to adopt Ordinance #O2008-09 “The Area Known as Wood Edge Business Park” with the adoption of a zoning map amendment for the developable land on S. Main Street known as the Grocery Store site from Ag to C-M and that the balance of the land remain Ag Zoning or Flood Plain Zoning. Motion carried.
C. ORDINANCE O-2008-10 “AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF DEERFIELD, WISCONSIN” (80 ACRES NELSON PROPERTY)
Mathews stated that the Planning Commission recommended to the Village Board the adoption of an annexation ordinance for the following described property:
Part of the Northeast ¼ of the Northeast ¼ and the Southeast ¼ of the Northeast ¼ Section 29, T7N, R12E, Town of Deerfield, Dane County, Wisconsin, described as follows:
Commencing at the Northeast corner of said Section 29; Thence S03º15’54”W, 24.75 feet along the East line of said Northeast ¼ to the South right of way line of Liberty Road and the point of beginning; Thence S87º09’06”W, 620 feel along the South right of way line; Thence N00º24’16”W, 24.75 feet to the North line of said Northeast ¼ and the Southwest corner of Certified Survey Map No. 8487; Thence S87º09’06”W, 724.0 feet along said North line to the Northwest corner of said Northeast ¼ of the Northeast ¼; Thence S03º15’54”W, 1323 feet along the West line of said Northeast ¼ of the Northeast ¼ to the Southwest corner thereof; Thence continuing S03º15’54”W, 1320 feet along the West line of said Southeast ¼ of the Northeast ¼ to the Southwest corner thereof: Thence N87º19’28”E, 1344 feet along the South line of said Southeast ¼ of the Northeast ¼ of the Southeast corner thereof; Thence N03º15’54”E, 1320 feet along the East line of said Southeast ¼ of the Northeast ¼ to the Northeast corner thereof; Thence continuing N03º15’54”E, 785 feet along the East line of said Northeast ¼ of the Northeast ¼; Thence N56º01’31”W, 186 feet; Thence N34º03’32”E, 312 feet to said East line of the Northeast ¼ of the Northeast ¼; Thence N03º15’54”E, 180 feet along said East line to the aforesaid South right of way line of Liberty Road and the point of beginning; Containing 80 acres, more or less.
on the conditions that state review is received and is positive and that it is retained in the Ag zoning.
After discussion, motion was made by Wilkinson, second by Tebon to adopt Ordinance O-2008-10 “An Ordinance Annexing Territory to the Village of Deerfield, Wisconsin” (80 Acres Nelson Property) for the following described property:
Part of the Northeast ¼ of the Northeast ¼ and the Southeast ¼ of the Northeast ¼ Section 29, T7N, R12E, Town of Deerfield, Dane County, Wisconsin, described as follows:
Commencing at the Northeast corner of said Section 29; Thence S03º15’54”W, 24.75 feet along the East line of said Northeast ¼ to the South right of way line of Liberty Road and the point of beginning; Thence S87º09’06”W, 620 feel along the South right of way line; Thence N00º24’16”W, 24.75 feet to the North line of said Northeast ¼ and the Southwest corner of Certified Survey Map No. 8487; Thence S87º09’06”W, 724.0 feet along said North line to the Northwest corner of said Northeast ¼ of the Northeast ¼; Thence S03º15’54”W, 1323 feet along the West line of said Northeast ¼ of the Northeast ¼ to the Southwest corner thereof; Thence continuing S03º15’54”W, 1320 feet along the West line of said Southeast ¼ of the Northeast ¼ to the Southwest corner thereof: Thence N87º19’28”E, 1344 feet along the South line of said Southeast ¼ of the Northeast ¼ of the Southeast corner thereof; Thence N03º15’54”E, 1320 feet along the East line of said Southeast ¼ of the Northeast ¼ to the Northeast corner thereof; Thence continuing N03º15’54”E, 785 feet along the East line of said Northeast ¼ of the Northeast ¼; Thence N56º01’31”W, 186 feet; Thence N34º03’32”E, 312 feet to said East line of the Northeast ¼ of the Northeast ¼; Thence N03º15’54”E, 180 feet
along said East line to the aforesaid South right of way line of Liberty Road and the point of beginning; Containing 80 acres, more or less.
Motion carried.
VII. COMMUNICATIONS
A. HAZARD MITIGATION GRANT PROGRAM
The Board directed staff to obtain more information on this to determine if a grant could be obtained to assist the property owner at 11 S. Western Ave.
VIII. STAFF REPORTS
A. CHANGES TO TAX BILLS
Otte explained to the Board that a new format for the tax bills will be used, which will show a new state credit.
B. UPDATE ON GROCERY STORE SITE PLAN
Mathews presented to the Board a new site plan for the grocery store which moved the store to the northern position of the proposed center lot and explained that the reason the site plan was modified was due to engineering issues.
C. UPDATE ON MORNINGSIDE POND RESIDENT ISSUES
Mathews reported that Otte met with a resident of the Morningside Pond area and a representative of Dane County. The Dane County representative explained that the pond is functioning as designed and that the vegetation growth was due to the soils being disturbed when the cleaning took place.
Mathews also stated that the resident for the Morningside Pond area was asked to discuss this with the neighbors and possibly consider applying for a CDTF Grant to be used for purchasing and planting more pleasing vegetation around the pond.
IX. CONSIDER AND MOVE TO CLOSED SESSION AT APPROXIMATELY 8:15 P.M. PURSUANT TO §19.85(1)(e) FOR THE PURPOSE OF CONSIDERING AN OFFER TO PURCHASE AND/OR POSSIBLY PURCHASING AN EASEMENT FROM RAYMOND AND BEVERLY STORLIE FOR STORMWATER DRAINAGE NORTH OF THE VILLAGE.
Motion by Frutiger, second by Wilkinson to move into closed session at 8:50 P.M. Roll call vote: Yea - Kiefer, Mathews, Schreiber, Frutiger, Smith, Wilkinson and Tebon, Nays – none. Motion carried.
MOVE TO OPEN SESSION AT APPROXIMATELY 8:40 P.M. AND TAKE ACTION, IF ANY, TO CONSIDER AN OFFER TO PURCHASE AND/OR POSSIBLY PURCHASING AN EASEMENT FROM RAYMOND AND BEVERLY STORLIE FOR STORMWATER DRAINAGE NORTH OF THE VILLAGE.
Motion by Frutiger, second by Wilkinson to move to open session at 9:18 P.M. Roll call vote: Yea - Kiefer, Mathews, Schreiber, Frutiger, Smith, Wilkinson and Tebon, Nays – none. Motion carried.
Motion by Tebon, second by Schreiber to call for a special meeting of the Village Board on July 30, 2008 at 6:00 P.M. to take action on the purchase and/or possibly purchasing an easement from Raymond and Beverly Storlie for stormwater drainage north of the village. This would allow for the board members to do additional review of the documents. Motion carried.
Roll call vote: Yea - Kiefer, Mathews, Schreiber, Frutiger, Wilkinson and Tebon, Nays – Smith. Motion carried.
X. ADJOURN
Motion by Kiefer, second by Frutiger to adjourn at 9:20 P.M. Motion carried.
/S/ Dean A. Otte
Village Administrator, Clerk-Treasurer