Town of Cedarburg























 
Town of Cedarburg Agendas & Minutes

As of November 16, 2015, agendas and other various public notices as allowed by State Statutes will be posted on this webpage and on the Official Bulletin Board at Town Hall to meet noticing requirements. Ordinances and Resolutions will be posted on the Ordinances and Resolutions webpage and on the Official Bulletin Board at Town Hall to meet that noticing requirement. Although the agendas/minutes are posted for public viewing, they may not be the final/official version released by the Town of Cedarburg. Please contact Town Hall (262) 377-4509 to ensure you have the most recent version of an agenda and/or minutes. Various meeting packet materials may also be available for viewing by clicking on meeting agendas.

Approved Minutes - August 2, 2006

TOWN OF CEDARBURG
METING OF THE BOARD OF SUPERVISORS
1293 Washington Avenue, Cedarburg, Wisconsin
AUGUST 2, 2006

Present: David Valentine Joshua Smith, Administrator
David Salvaggio (via telephone) Brad Hoeft, Attorney
Gary Wickert Tom Marquardt, Dir. Public Works
Larry Lechner Charles Pretty, Treasurer
Karen Behrens, Clerk

Excused: Supervisor David Flowers

1. CALL TO ORDER/PLEDGE OF ALLEGIANCE:

Chairman Valentine called the meeting to order at 7:00 p.m. with 10 residents
present.

a. Moment of Silence for fallen United States Soldier and Town of Cedarburg
resident Stephen William Castner.

A moment of silence was observed for Stephen William Castner, a member of the Wisconsin National Guard, who was killed July 24, 2006 in Tallill, Iraq when a homemade bomb destroyed the vehicle in which he was riding.

2. HEARING OF THE PEOPLE:

There were no comments at this time.

3. COMMUNICATIONS AND REQUESTS FOR HOLDING TANK
AGREEMENTS AND OPERATOR LICENSES:

a. Operator License for Jeffrey Jassoy (Roadhouse)
b. Operator License for Jean Spry (Country Keg)
c. Operator License for Karl Birkenbach (Circle B)

Gary Wickert moved and Larry Lechner seconded a motion to approve operator licenses to Jeffrey Jassoy (Roadhouse), Jean Spry (Country Keg) and Karl Birkenbach (Circle B). Motion was unanimously approved.

4. CONSENT AGENDA:

a. Approving July 5, 2006 Town Board Meeting Minutes.
b. Accepting July 12, 2006 Plan Commission Meeting Minutes.

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UNAPPROVED August 5, 2006 Minutes
Page 2

David Salvaggio made a motion to approve the consent agenda as presented.
Motion was unanimously approved.

5. TREASURERS REPORT:

a. Motion Accepting July 2006 Treasurers Report.

Gary Wickert moved and David Salvaggio seconded a motion to accept the July 31, 2006 Treasurers Report as presented. Motion was unanimously approved.

6. PRESENTATION OF BILLS/PURCHASE ORDER/PAYROLL/AWARDS:

a. Presentation of Bills/Purchase Orders/Payroll from July 5, 2006 to August 2,
2006.

A motion was made by David Salvaggio to approve all bills as presented. Larry Lechner seconded. Roll Call: Larry Lechner  Aye, David Salvaggio  Aye, David Valentine  Aye, and Gary Wickert - Aye. Motion was unanimously approved.

7. PUBLIC HEARINGS:

a. Public Hearing regarding the rezoning the Wiechman property located at 234
Horns Corners Road from A-2 and C-1 to A-1 and C-1.

Chairman Valentine asked for any comments or questions. There were none.

At 7:13 p.m., David Salvaggio made a motion to close the Public Hearing. Gary Wickert seconded. Motion was unanimously approved.

b. Discussion and possible motion approving Ordinance 2006-6 An Ordinance
Rezoning Wiechmans 10.00 acre property in the SW ¼ of Section 33 from A-2 and C-1 to A-1 and C-1.

David Salvaggio made a motion to approve Ordinance 2006-6 Amending the Zoning of the Glen Wiechman 10.00 acre property at 234 Horns Corners Road from A-1 (Prime Agricultural) and C-1 (Conservancy District) to A-1 (Agricultural) and C-1 (Conservancy District) based on the following statutory findings:

(a) Adequate public facilities to accommodate development either exists or
will be provided within a reasonable time.
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UNAPPROVED August 2, 2006 Minutes
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(b) Provision of public facilities to accommodate development will not place
an unreasonable burden on the ability of affected local units of government to provide them.

c) The land proposed for rezoning is suitable for development and
development will not result in undue water or air pollution, cause
unreasonable soil erosion or have an unreasonable adverse effect on rare or
irreplaceable natural areas.

Gary Wickert seconded. Motion was unanimously approved.

c. Discussion and possible motion approving Wiechmans certified survey map,
which will create a 10.00-acre lot and 62.24 acre lot in the SW ¼ of Section 33.

This division would divide the Glen Wiechman property at 234 Horns Corners Road into 2 parcels (Lot 1  10.00 acres, R/W dedication 0.505 acres, and remaining lands 64.246 acres.)

David Salvaggio made a motion to approve the Certified Survey Map for Glen Wiechmans property at 234 Horns Corners Road contingent on all comments from Kapur & Associates are addressed and corrected prior to the Towns signing of the CSM document. Larry Lechner seconded. Motion was unanimously approved.

d. Public Hearing regarding amending the A-1 Zoning ordinance by making
Building restoration, maintenance and general construction businesses of a non-retail nature additional conditional use permit language.

Chairman Valentine asked for any comments or questions. There were none.

Gary Wickert made a motion to close the Public Hearing at 7:20 p.m. David Salvaggio seconded. Motion was unanimously approved.

e. Discussion and possible motion approve Ordinance 2006-7 An Ordinance
Amendment to Section 10-1-33 Agricultural District (A-1) Zoning classification by making building restoration, maintenance, and general construction business of a non-retail nature, conditional uses in said district.

Michael Dimmer, 10220 Pleasant Valley Road was issued an abatement letter because he was operating several businesses from an A-1 zoned property, which are not allowed by the Towns zoning code. Working with his Attorney, he has

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UNAPPRROVED August 2, 2006 Minutes
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requested the Town amend our A-1 zoning district to allow restoration,
maintenance and general construction business of a non-retail nature as
conditional uses. Mr. Dimmer is still required to submit a Conditional Use Permit application to determine if we can use his property for business purposes.

Gary Wickert made a motion to approve Ordinance 2006-7 An Ordinance Amendment to Section 10-1-33 Agricultural District (A-1) Zoning classification by making building restoration, maintenance, and general construction business of a non-retail nature, conditional uses in said district creating this language in Section 10-1-33 Agricultural District (A-1) and be inserted as subsection (b) (4) and the current subsection (b) (4) is now (b) (5). Larry Lechner seconded. Motion was unanimously approved.

8. REPORTS TO BE RECEIVED/FILED (Non-action items)

a. Possible report regarding Ozaukee County Board of Supervisor meeting
updates (County Supervisor David Barrow).

The County is having some problems working on the Pathways and Aging Disability Resource Center. Ozaukee County was in negotiations with Washington County for a joint center and now that may not happen. The County union is asking for increases that exceed the established levy limits. Mr. Barrow also updated on the programs for Friday Forums at the MATC campus.

b. Possible report from Town Constable Mike Halloran or Rich Cass regarding
Local nuisance/law enforcement issues.

No report at this time.

c. Report regarding the Pleasant Valley Nature Park Shelter Project. Report by
Thomas Marquardt.

Tom Marquardt showed pictures of the damage to the mens room and doors at the Pleasant Valley Nature Park shelter by vandals. The neighbors were sent letters asking them to call the Sheriffs Department if they notice this destructive behavior.

d. Report regarding pavement projects. Report by Thomas Marquardt.

The crew is currently working on Elm Drive.

e. Report regarding recent impact fee legislation. Report by Joshua Smith.
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UNAPPROVED August 2, 2006 Minutes
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Joshua Smith gave the Board an update of the impact fee legislation. At the next
Town Board meeting there will be an amendment to the impact fee ordinance to
address these changes.

f. Report regarding the pond at the Greystones subdivision. Report by Tom
Marquardt.

The pond would be ¾ area in size and 5 ft. deep and tiled on the northern point. Bill Hoffman will be giving an estimated for the construction and donations may be received by the U.S. Fish and Wildlife Department and the Wisconsin Department of Natural Resources. Mr. Marquardt stated that this was brought up only if the pond goes in and we would have cost estimates available.

9. OLD BUSINESSS:

a. Discussion and possible motion approving Ordinance No. 2006-8 Ordinance
Repealing Section 2-5-3 Plan Commission of the Town of Cedarburg Code of Ordinances and Recreating the Following Plan Commission Ordinance.

The only change presented in the ordinance is in Section 4. Membership. The Plan Commission membership composition currently is two elected officials and five citizen members. The revised version of the Plan Commission ordinance has the elected members serving for one (1) year, or until an appointment is made by the Chairperson. The Town Board members shall serve on the Plan Commission on a rotating basis by district.

Gary Wickert made a motion to approve Ordinance No. 2006-8 Ordinance Repealing Section 2-5-3 Plan Commission of the Town of Cedarburg Code of Ordinances and Recreating the Plan Commission Ordinance. David Salvaggio seconded. Motion was approved on a 3  1 vote with Larry Lechner opposing.

10. NEW BUSINESS:

a. Discussion and possible motion approving staff to pursue a contract with
AT&T for telephone services to be provided at Town Hall.

David Salvaggio made a motion to direct staff to contract with AT&T for telephone services at the Town Hall. Larry Lechner seconded. Motion was unanimously approved.

b. Discussion and possible motion approving a comprehensive plan Request for
Proposal (RFP).
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August 2, 2006 UNAPPROVED Minutes
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David Salvaggio made a motion to authorize Town Staff to create a Request for Proposal for comprehensive planning services to qualified planning firms. Larry Lechner seconded. Motion was unanimously approved.

c. Discussion and possible motion approving the Greystones Subdivision final
plat.

MLG Development, the development company for the Greystones Subdivision is requesting final approval of the 135.81-acre subdivision and includes 35 new building lots.

#1 Gary Wickert made a motion to move for approval of the final plat and public improvements related to the Greystones subdivision contingent on an amount of $123,350.00 be escrowed to cover 125% of the final paving, shoulders and signage. A second escrow check shall be received in an amount of $40,000.00 for the construction of the paved bike path through the dedicated park area and an additional amount of $60,000.00 in the form of a letter of credit shall be required for the reinstallation of the fire cistern near Horns Corners Road. The final plat shall not be recorded until MLG and the Town of Cedarburg come to terms on the park agreement which should be in a recordable form. David Salvaggio seconded.

Gary Wickert amended his motion that the approval is further contingent upon compliance of Kapur items listed. No occupancy permit will be issued until the cistern is completed. David Salvaggio seconded the amendment to the motion.
Motion was unanimously approved.

#2 Gary Wickert made a motion to accept Stonegate Road, Stoneset Circle, Ironstone Court and Royalstone Court as town roads. Larry Lechner seconded the motion. Motion was unanimously approved.

#3 David Salvaggio made a motion to table the discussion regarding the acceptance of the 20 acres of dedicated parkland and approval of the Greystones of Cedarburg Park Agreement to a Special Town Board meeting on August 14th.
Gary Wickert seconded the motion. Motion was unanimously approved.

d. Discussion and possible motion on approval of 2006 asphalt paving bids.

David Salvaggio made a motion to accept the asphalt-paving bid from Payne and Dolan in an amount of $225,203.55. Larry Lechner seconded. Motion was unanimously approved.


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August 2, 2006 UNAPPROVED Minutes
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e. Discussion and possible motion approving the sale of a publicly bid Town
lawn tractor.

David Salvaggio moved and Larry Lechner seconded a motion to approve the $500.00 bid from Glen Wiechman, 166 Horns Corners Road for the used 1996 Simplicity lawn mower. Motion was unanimously approved.

11. CLOSED SESSION:

At 8:45 p.m., David Salvaggio made a motion to go into closed session as follows:

a. Pursuant to Wisconsin Statute s. 19.85 (1) (g), the town Board may go to
Closed session to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.

Larry Lechner seconded. Roll Call: Larry Lechner  Aye, David Salvaggio  Aye, David Valentine  aye, and Gary Wickert  Aye. Motion was unanimously approved.

b. Reconvene to open session:

At 9:37 p.m., David Salvaggio moved and Gary Wickert seconded a motion to
reconvene into open session. Motion was unanimously approved.

12. ADJOURNMENT:

David Salvaggio made a motion to adjourn the meeting at 9:38 p.m. Larry Lechner
Seconded. Motion was unanimously approved.


Respectfully submitted,


Karen M. Behrens, CMC
Town Clerk

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