Town of Merton Plan Commission Meeting Minutes of June 20, 2007 Meeting called to order by Acting Chair Stamsta at 6:59 p.m. Pledge of Allegiance led by Acting Chair Stamsta. Minutes of 6/6/07 Public Hearing and Plan Commission Meeting. A motion to approve the minutes was made by Fleming, second by Kozlowski. Motion was unanimous. Present: Kozlowski, Rosenheimer, Fleming, Stamsta, Chapman, Klink, Siepmann, Morris, Haroldson, and Claas. Also Present: Clerk Oman, Tim Ward, and David Smith. Old Business: Chiefs Investment – Request for a Conditional Use Permit for a Two-Family (Duplex) Dwelling – Chapman said everything on the conditional use permit was discussed at the public hearing and Chiefs Investment is getting a conditional use permit by the legal non-conforming use ordinance. Chapman said he received a letter from Kim Peterson and said the timeframe is not clear for when the building was last used as a duplex but it was within the last five years. Chapman said the letter states Dayton rented to many families in the Stone Bank area but ceased when she couldn’t manage the upstairs portion of the duplex. Chapman said the letter further states the septic is non-conforming and will be replaced and they will file a record of replacement with the Clerk. Chapman said Hoelz found the well to be satisfactory and will file a written report. Chapman stated they will be adding a sidewalk and landscape lighting. Chapman said Chiefs Investment would replace the roof, replace the first floor windows, replace and/or upgrade the flooring and cabinetry in both units, paint the exterior, and install a sidewalk. Chapman said the Town Planner should approve a landscaping plan and a plan for outdoor lighting. Haroldson asked if there should be a timeline on when the work to the building would be completed. Chapman said he could put it in. Morris said the Town couldn’t arbitrarily put a date in. Chapman said the building is satisfactory the way that it is. A motion to recommend approval to the Town Board was made by Morris, second by Fleming. Motion carried unanimously. Whitetail Hills Addition #1 Covenants and Restrictions – Haroldson said she doesn’t have the covenants and restrictions and is trying to find them. Haroldson said she doesn’t have the final copy and the covenants and restrictions should go to the Town Board. Oman asked if she puts the restrictions and covenants and the final plat on the Town Board Agenda, would she have a copy? Haroldson said she would try to find one. 1 PC - 062007 Valley Rod & Gun Club – Resolution to Update Conditional Use – Chapman said this is a unique situation. Chapman said the original conditional use permit was in 1977 and the permit was amended on May 23, 2003. Chapman said paragraph 9 of the conditional use permit states no structures may be added without obtaining permission from the Plan Commission. Chapman said the resolution only needed to go before the Plan Commission, and not the Town Board. Morris said this resolution would be added to the conditional use and become part of it. A motion to approve the resolution to update the conditional use was made by Kozlowski, second by Rosenheimer. Motion carried unanimously. New Business: Zoning Ordinances Recommendation to the Town Board – A motion to recommend approval of Chapter 17 of the General Code of the Town of Merton Zoning Ordinance that was consider this evening to the Town Board was made by Klink, second by Fleming. Motion carried unanimous. Stamsta clarified this included all past ordinances. Morris asked if the Town Board approves the ordinances and then the County. Chapman said Haroldson would check with Mace at County. Oman asked what should be on the next agenda. Chapman said approving the procedure, not adopting the ordinances. Haroldson said she gave Mace the ordinances 2 ½ months ago and she left him a note today letting him know the Town was going through the public hearing today. Chapman said Haroldson should let him know what Mace says. Stone Bank Pub & Eatery – Smith said no significant changes were being made, the bar is the same, the restaurant is the same, but the room for the staff would change. Smith said they took down a wall to make more room. Stamsta asked if hours were staying the same. Smith said he was requesting hours for all seven days. Chapman asked if catering would be on the premises or off premises. Smith said sometimes it would on premises; it depends on the food being made. Chapman asked about live music. Smith said they had live music all the way back to 1997. Klink asked about the first floor rental. Klink said originally it was one rental upstairs and one downstairs. Smith said he adopted the business as is. Smith said he painted, carpeted, and updated. Smith said one tenant vacated the unit, one is lower income and he is trying to help find a place for her, and the third one will be vacating within 90 days. Smith said he doesn’t intend on using the rooms, but would like them to stay part of the conditional use. 2 PC - 062007 Chapman asked the capacity of the banquet room. Ward said the capacity is 45 people. Morris asked if a fire inspection was done. Smith said they would work on that. Oman said the liquor license was granted, issued and mailed today. Stamsta asked about the septic and well. Smith said Waukesha County approved. Klink asked about exterior lighting. Smith said he replaced what was there with a timer light that is safer and more reliable. A motion to approve the plan of operation was made by Morris, second by Siepmann. Fleming refrained from voting. Motion carried. Planner Report: 1. Park Committee – Town Center – Haroldson said they are wrapping up the Town Center. Haroldson said the committee is recommending $15,000 to finish out the park and bring closure. Haroldson said the Town has $6,000 left over from last year, so an additional $9,000 is needed. A motion to recommend approval of $15,000 for the Town Center was made by Fleming, second by Rosenheimer. Motion carried unanimously. A motion to adjourn was made by Rosenheimer, second by Klink. Motion carried unanimously. Meeting adjourned at 7:24 p.m. Respectfully submitted, Holly R. Claas Deputy Clerk 3