Town of Merton
Town Board Meeting
Minutes of April 22, 2008
Called to order by Chairman Morris at 7:08p.m.
Pledge Recited at Annual Meeting
Minutes of April 8, 2008. A motion was made to approve by Miller,
second by Fleming. Motion carried unanimously.
Present: Chairman Morris, Supervisor’s Fleming, Miller and Nawrocki.
Supervisor Herrick had an excused absence. Attorney Chapman, Treasurer
Courtney and Clerk Oman.
Also Present: Kathryn Gutenkust, Heidi Cox, Tim Klink, John Marchek, Dick
Mace, Jerry Heine, John Baumann, Connie Muench, Kathy & Bruce
Rosenheimer, Tim Styza, Deputy Gratton and several others.
Citizen Comments and Concerns: - None
Helene Estates Final Plat, Letter of Credit, Developer’s Agreement – Clerk read
a punch list that she received from the planner. Chapman said the town should
have a separate cemetery agreement.
A motion was made to approve the final plat as recommended by the Plan
Commission by Fleming, second by Miller subject to planner review and the
town engineer’s letter of 4-21-08. Motion carried unanimously.
A motion was made to approve the developer’s agreement subject to
compliance with Ruekert & Mielke’s letter of 4-21-08 and clarification of the
bid amounts for the letter of credit, by Miller, second by Nawrocki. Motion
carried unanimously. Tim Styza asked if he would have to come back to the
board. Chapman said no, just adhere to the letter from Ruekert & Mielke.
Stockdale Property, Conceptual Plan for Redevelopment, and Private Road
Right-of-way versus a Public Road Right-of-way - Dick Mace said the concern for
a number of months was what could be done with this property. The intent
tonight is to combine a number of parcels. The parcels are all lots of record,
platted in the 1900s. The dilemma is that the road is not indicated on the plat
as a private road or a public road so at county planning and zoning it is
considered a public right of way. It has not functioned as a public road in
TB – 04-22-08
many, many years, if ever. The road is not improved beyond the two garages
near the north end on each side.
There is a little pathway that serves 3 or 4 houses. The large house on the map
was done by a CSM a few years back and the house gets its access off Road M.
There are 3 additional houses that get their access not including Stockdales
through this right-of-way and it’s nothing more than a gravel-paved roadway.
Mace said he was not convinced you could service it with emergency fire
What the proposal is for Stockdale to sell these properties to one party and re-
combine these lots and part of lots into 4 building parcels. Each lot would be a
½ acre in size, which is a huge improvement over the existing lots. Technically
they could come in and get permits to build on the other lots of record, but
with the terrain it would be difficult to do. There are 3 lots to the south that
just aren’t going to be buildable, but different parties own them and there is
debate in the courts as to how they would get access. We are attempting to
resolve the issue by re-combining, re-dividing into 4 lots. Variances will be
required, from the road, shore setback from Okauchee or Garvin. Lots 2 + 3
would have frontage on both lakes. Some relief would have to be granted.
Preferably from the perspective of the County I would like to maintain the 75’
from the Okauchee side. Mace said he thought he could tweak the
modification to the setback from Garvin to the southerly lot 3. Also some lot
line variances, not significant, would come down to 10 – 15’. We haven’t
resolved the configuration of lot 2.
The main issue bothering the county is the road. We believe it is a public road
from the plat. It does not indicate it is a private right of way. Under the
platting statute if it does not specifically say it is a private right of way, it
becomes a public right of way. Bill can address that. I hope that the town
would consider this. To upgrade the driveway and or public road, the client
would put in a full service asphalt drive with mountable curb on the existing
road so we wouldn’t have to deal with ditches. It is 18’, so the pavement you
would have is 18’ if the town is willing to accept this responsibility.
Mace said he was strongly advocating this, so he can take it to the Board of
Adjustment to justify the variance, indicating the town would assume the
responsibility of maintenance of the road with the improvements from Road M,
then an extension of Road M to the north line of lot 2, at which point there
would be some kind of turn around to accommodate town equipment. From
that point on to lot 3 there will be a private easement, which will
accommodate a private driveway for access to lot 3, which we believe there is
a building site.
TB – 04-22-08
Mace said he would strongly urge the board to consider the requirement to
rebuild the road down to the north end of lot 2, at that point the turn around.
Then I can say to the BOA we would have public road access to all but one lot.
Mace said he couldn’t justify the road going any further. Mace said there
would have to be some relief to the requirement of 3 acres for a private drive
in the form of a variance for the lot to the south.
Morris asked if the mountable curb would go the mailboxes. Mace pointed out
the pathway. Morris said it looks like you could hardly get 18 feet without
moving power poles, etc. Mace said there maybe. Morris said, trees, brush,
maybe a pillar. Chapman talked about the location, retaining wall.
Morris asked about Lot 2. Mace said that was Stockdale’s house. Mace said he
doesn’t know if it will stay or go.
Nawrocki asked if lot 2 was going to be split by the private drive? Mace said
that’s true, but more in the form of an easement. Mace said the county code
says a driveway has to be 14’ wide. Nawrocki asked about boathouses. County
is going to suggest no new boathouses are allowed because of the topography.
Mace said the dilemma is the road.
Gutenkust said from her client’s perspective, a private road is better. She
stated she was grateful for the county’s concern over emergency vehicles, etc.
Gutenkust said if they can resolve this issue, it might take away the pending
Morris said this is on the agenda for discussion only. Since the board is not
experts this should go to our town engineers. There is a problem with storm
water management already, with icing on the roads as it presently sits. Morris
said where is this water going?
Chapman said this would be addressed in the developer’s agreement along with
Morris addressed the turn around as owned or by easement. Chapman said if
the town took over the road it would be part of the town. It would be
dedicated by CSM.
Gutenkust said part of the problem in the design is the road is public or
private? We need the direction of the town. We have done an extensive site
TB – 04-22-08
Morris said we got rid of it because we couldn’t service the road and a great
deal would have to be added before we could think of doing it.
Mace said it’s not realistic to say we will have a 66’ road. Morris said 18’ is.
Morris asked if the plan commission should handle any of this? Morris asked if
they have a plan that we can take to our engineer for storm water
management? Morris said if we make a decision tonight it’s just arbitrary, what
are we basing it on?
Gutenkust said we have a number of plans that we can base it on and to have
my client spend a lot of money on it before we know where we’re going isn’t
good. Chapman said Powers is laying this out, and has a second and third time.
Mace said there are a number of trees and their sizes. You know what the
slopes are like. Morris asked about the end of the road. Mace said it is flat.
Fleming asked on top? Mace said yes, with some slight grading.
Discussion on grades, cul-de-sacs, roadways.
Fleming said it needs to be done right.
A poll was taken with the board for their consensus.
Supervisor’s Fleming, Miller, Nawrocki and Chairman Morris said to bring it
back with an engineer’s report.
Miller said he was concerned about fire trucks and their size to get down the
proposed road. Mace said you could back them up in driveways. Miller said
we’ve down that road before, trucks get stuck and hung up. Mace said you
would find a way down there as you have before.
Klink said the excess water needs to be addressed that flows to north Road M.
There was trouble this winter and past with puddling and icing.
Morris told Gutenkust that it would require some investment; you will have to
prove it to us. Gutenkust said they were under some time constraints.
Morris asked if you have 18’ up to the property you own or are buying?
Gutenkust said there are creative ways to make it happen.
CTH E Oconomowoc River Bridge Temporary Easement and Donation of Waiver
of Appraisal to Waukesha County - A motion was made to approve the
temporary easement was made by Fleming, second by Miller. Motion carried
TB – 04-22-08
Recommendation of Finance Committee to have First Bank of Oconomowoc
Borrow to the Town the $1.400,000.00 for the Library Addition/Renovation –
Morris stated the finance committee, Nawrocki, Morris and Oman met with 4
different agencies, Baird, Ehlers, Springstead and First Bank for interviews. It
was the recommendation of the finance committee to go with First Bank at
3.6% for 10 years. A motion was made to approve recommendation by Miller,
second by Fleming. Motion carried unanimously.
Jerry Heine asked if all the library issues have been resolved. Chapman said the
conditional use permit is written, the septic system needs to be resolved yet.
The library has to go to the Board of Adjustment.
Consider and Act on Quarles & Brady Letter of Engagement – Chapman said that
the town needs bond counsel to verify the tax-exempt status for the library
project. A motion was made by Nawrocki to approve, second by Miller. Motion
Requests for Temporary No-Wake Action on Town of Merton Lakes – Clerk
stated town attorney is working on an ordinance for Okauchee Lake. She
received a letter from a group of concerned citizens from Moose Lake. Clerk
stated she would bring to the board to see if they wanted to take in all lakes in
the town for an ordinance since she had received calls last year during the high
water season. Chapman will draft an ordinance.
Highway Dept. Resolution to Amend Highway 2008 Budget – Clerk read
resolution. A motion was made to approve resolution by Miller, second by
Fleming. Motion carried unanimously.
Set Policy or Ordinance on False Alarms – Clerk stated Sheriff’s Dept. asked
what our policy on false alarms was. Chapman will draft ordinance.
Quotes for 2008 John Deere Tractor/Mower and Harley Rake – Chapman read
resolution. Clerk stated this is in the capital outlay budget for the highway
dept. and funds will be borrowed for this piece of equipment. A motion was
made to approve Serwe for the tractor/mower and Proven Power for the Harley
Rake by Miller, second by Fleming. Motion carried unanimously.
Clerk Board and Attorney Reports –
Miller attended a North Lake Management District Meeting.
TB – 04-22-08
Oman said that Waukesha County has been accepted for the FEMA Snow
Emergency Grant. Oman said that we have certified members for the Board of
Nawrocki reported on jobs in Wisconsin.
Morris said there was a WTA meeting tomorrow night in Lisbon and that the
Town of Merton will host the July meeting.
Operator’s Licenses – A motion was made by Fleming to approve Sedlar, second
by Miller. Motion carried unanimously.
Vouchers – A motion was made by Nawrocki to approve, second by Miller.
Motion carried unanimously.
A motion was made by Miller to adjourn, second by Nawrocki.
Adjourned at 8:35p.m.
Susan J. Oman, CMC-WCMC