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Town Board
Monday, November 14 2005
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Monthly Meeting

AGENDA

Agenda
Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee reports.
Special orders.

Unfinished Business
1. Status of the transfer of the Scenic Overlook from the Dept. of Transportation to the Town.
2. Status of the City of Fond du Lacís raw water intake plant.
3. Consideration and possible action to replace the public notice boards.

New Business
1. Consideration and possible approval of a request submitted on behalf of Jim Emerich and Jim Roberts to rezone 40 acres from Agricultural Transitional (A-T) to Residential with public sewer (R-1). The property abuts Lakeview Road.
2. Review and recommendation of the conceptual plan of the Roberts Homes development abutting Lakeview Road.
3. Review and recommendation of the conceptual plan of the Hwy. 151/Golf Course Drive development.
4. Discuss Taycheedah Sanitary District No. 1ís request to purchase treatment plant capacity from the Town.
5. Consideration and possible action regarding the moving of a garage without a permit.
6. Consideration and possible approval of a moving permit for Sonny Johnson.
7. Discuss the detachment from Taycheedah Sanitary District No. 3 petition received from various property owners on McCabe Road and Fine View Road.
8. Discuss ordinance issues.
9. Consideration and possible adoption of a resolution creating Section 2-4-14, authorizing the Constable to issue citations for violations of the Code of Ordinances.
10. Consideration and possible adoption of an amendment to Title 7, Chapter 1, regarding the licensing of dogs and regulation of animals and establishing the applicable fees.
11. Discuss access to the tower site located west of Kiekhaefer Park.
12. Consideration and possible action regarding possible nuisance conditions.
13. Schedule the 2006 Budget Hearing.
14. Establish the 2006 refuse and recycling rates.
15. Certified Survey Maps.
16. Approval of town bills.

Public comment and questions pertaining to town business.


Adjournment.

Brenda A. Schneider
Town Clerk


MINUTES

The Town Board of the Town of Taycheedah met on Monday, November 14th, 2005, at 7:30 p.m., at the Town Hall, for the purpose of conducting the November monthly meeting. Members present were Chairman Jerry Guelig, Supervisors Tim Simon, Mike Wirtz, John Abler and Jim Bertram, Clerk Brenda Schneider and Deputy Treasurer Virginia Schneider. Treasurer Roger Schneider was excused.
The Chairman called the meeting to order at 7:30 p.m.. The Pledge of Allegiance was recited. Jim Bertram motioned to approve the minutes of the 10/10/05 monthly meeting as presented, seconded by Tim Simon. Motion carried (5-0).
Committee Reports:
None given.
Special Orders:
None stated.
Unfinished Business:
#1 Status of the transfer of the Scenic Overlook from the Dept. of Transportation to the Town. Mike Wirtz has met with Congressman Tom Petriís assistant. She was provided a letter from the Town requesting Congressman Petriís assistance in removing the Overlook from the LAWCON Program. She was also provided a copy of the deed to the property; which lists several additional restrictions. Mike is awaiting an update from Congressman Petri.
#2 Status of the Cityís raw water intake plant. Last month, a company from Colorado gave a presentation to the City Council regarding a filtration system. The filtration system does not increase the quantity of water. Chairman Guelig spoke to Wayne Rollins, City Planner. Mr. Rollins believes the Cityís best solution is to take water out of the lake.
The City is still working on buying property near Cty. K for the filtration plant. The City also intends to build the intake plant at the original location along Winnebago Drive.
#3 Consideration and possible action to replace the public notice boards. Joe Sabel quoted $350.00 each for 32Ēx48Ē notice boards constructed from plastic material with stainless steel hinges and unbreakable plexiglass. Mr. Sabel can construct them before winter. Mike Sabel will set the posts before the frost sets into the ground. Jerry Guelig motioned to authorize Joe Sabel to build four notice boards for $350.00 each, seconded by Jim Bertram. Motion carried (5-0).

New Business:
#1 Consideration and possible approval of a request submitted on behalf of Jim Emerich and Jim Roberts to rezone 40 acres from Agricultural Transitional (A-T) to Residential with public sewer (R-1). The property abuts Lakeview Road. The Plan Commission conducted a public hearing on November 2nd. The Plan Commission resolved to recommend the Town Board approve the rezone request.
Ron Cunzenheim, REC Engineering, was in attendance representing Mr. Emerich and Mr. Roberts. Mr. Cunzenheim has been in contact with the sanitary district. The District will meet with him after the rezoning has been approved.
They have drilled several test holes at the site to determine the depth of soil. The areas they tested had 10 feet of ground cover. Jerry Guelig motioned to accept the Plan Commissionís recommendation and approve the rezone request as submitted, seconded by Tim Simon. Motion carried (5-0).
#2 Review and recommendation of the conceptual plan of the Roberts Homes development abutting Lakeview Road. An issue was raised at the Plan Commission public hearing regarding the use of a 75 foot lot to the east of the site off of Edgewood Lane for the continuation of the State designated snowmobile trail. The 75í lot is privately owned. Mr. Roberts prefers not to have the snowmobile trail crossing his development due to liability concerns and the impact on the sale of lots. Mr. Emerich is willing to accommodate the trail across his land to the north of the plat. The trail would then have to follow Lakeview Road north from the Park access trail to the Emerich land. The Town Board would need to designate that section of Lakeview Road as a snowmobile trail.
A drainage swale will be parallel to Lakeview Road with a retention pond in the northwest corner.
The development is planned for 54 sewered lots. Street access will be limited internally.
Utility companies have been constructing their service on private property with utility easements in recent developments. This causes the utilities to be located 3 feet behind the sewer laterals. Supervisor

November 14th, 2005 Town Board 2.
Monthly Meeting

Simon requests sewer laterals be extended 5 feet beyond the property line or that the utilities be placed in the right-of-way.
The open space requirement for a 54 lot development would be between 2.16 acres and 10.8 acres. Mr. Cunzenheim estimated the retention pond would be about 2 acres. Mr. Cunzenheim was advised to plan on establishing open space somewhere in the middle of the requirement range. Mr. Cunzenheim stated that an easement may be possible to the southeast corner of the 40 acres.
Mr. Cunzenheim believes sewer service may be possible to the Silica Road sewer constructed on the Emerich easement.
Mr. Cunzenheim was advised to remove the bulb at the street corner in the southeast 1/4 of the plat.
#3 Review and possible recommendation of the conceptual plan of the Hwy. 151/Golf Course Drive development. Three investors are working with J.E. Arthur on a conceptual plan. The development would be part in the Town and part in the City of Fond du Lac. A draft conceptual plan was reviewed. The development would have curb and gutter, street lights and 1/2 acre lots on the Town portion. The other portion would have smaller lots.
It was suggested that the centerline of a street be on the dividing line between the Town and the City. It was also noted that the only access to the development is via Golf Course Drive.
It is unknown if municipal water service would be extended for the entire development.
The development could be serviced by gravity sewer through Taycheedah Sanitary District No. 1 however; the City will not allow service for the City portion through TSD #1.
It was suggested that the developers, Town Board and City Staff meet jointly to further discuss the details of the development. Chairman Guelig will attempt to schedule a meeting.
#4 Discuss Taycheedah Sanitary District No. 1ís request to purchase treatment plant capacity from the Town. TSD #1 has made a verbal request to purchase capacity that the Town is currently holding. The Town owns capacity currently not allocated but expected to be needed by Taycheedah Sanitary District No. 3-St. Peter.
The group discussed the fact that TSD #1 sold over $200,000.00 worth of capacity to the City only five years ago. TSD #1 was not represented at the meeting.
Attorney John St. Peter has suggested that the Town have an independent analysis done to evaluate future needs of the Districts in the Town before they sell capacity. He also suggested that TSD #1 be required to submit a written request to the Board accompanied by a plan.
It is unknown what the process would be to purchase additional capacity from the City of Fond du Lac.
Chairman Guelig will research the issue with the Outlying Sewer Group staff.
#5 Consideration and possible action regarding the moving of a garage without a permit. Sonny Johnson moved a garage from the Emerich property into the Town of Forest without a moving permit. Mr. Johnson was in attendance. Mr. Johnson stated the move occurred at 7:30 on a recent Sunday morning. He also stated that the Town of Forest does not require a moving permit therefore; he assumed he didnít need one for Taycheedah. John Abler motioned to fine Sonny Johnson $50.00 for moving a building without a permit, seconded by Jerry Guelig. Motion carried (5-0).
#6 Consideration and possible approval of a moving permit for Sonny Johnson. See Item #5.
#7 Discuss the detachment from Taycheedah Sanitary District No. 3 petition received from various property owners on McCabe Road and Fine View Road.. The petition was filed with the Clerk on November 8th. Pursuant to Wis. Stats. 60.71(6), the Town Board must conduct a public hearing within 30 days. The Board scheduled a public hearing for December 7th, at 7:00 p.m. The Sanitary District Commission will address the petition and make a recommendation to the Board at their meeting on November 16th.
#8 Discuss ordinance issues. Section 13-1-140(i) states that outdoor lighting shall not exceed fifteen (15) feet in height. The Town Board consensus was to authorize the Plan Commission to conduct a public hearing to make a recommendation regarding the deletion of the height restriction.
The Board has been asked to consider a 3 mile separation restriction on gas stations/convenience stores. Attorney John St. Peterís opinion states that zoning power does not allow the Board to pick economic winners or loses. Nor may we pass legislation favoring or supporting existing gas stations to the detriment to competitors.

November 14th, 2005 Town Board 3.
Monthly Meeting

Section 13-1-140 limits residentially zoned properties to one garage, either attached or detached, and one accessory structure. The restriction currently applies to small garden sheds. The Board consensus was to authorize the Plan Commission to conduct a public hearing to make a recommendation regarding exempting sheds no larger than 200 square feet with 7 foot maximum sidewalls from the restriction.
Periodically, Board Members are questioned about their ability to establish and enforce setbacks on a private road. Attorney St. Peterís opinion is that the Board does have the power to regulate setbacks on private roads because a setback is a tool for controlling lot density. His opinion further states that the Board may also take into consideration the potentiality that the private road may some day become public.
Section 13-1-69 states that the Clerk shall notify the permittee 45 days prior to the expiration of a conditional use permit. Attorney John St. Peterís response is that the notice requirement is not a statutory requirement. The Board consensus was to authorize the Plan Commission to conduct a public hearing to make a recommendation regarding the deletion of the expiration notice requirement.
#9 Consideration and possible adoption of a resolution creating Section 2-4-14, authorizing the Constable to issue citations for violations of the Code of Ordinances. John Abler motioned to approve the resolution creating Section 2-4-14, seconded by Jim Bertram. Motion carried (5-0).
#10 Consideration and possible adoption of an amendment to Title 7, Chapter 1, regarding the licensing of dogs and regulation of animals and establishing the applicable fees. The amendment appears incomplete. Mike Wirtz motioned to table the resolution, seconded by Tim Simon. Motion carried (5-0).
#11 Discuss access to the town site located west of Kiekhaefer Parkway. An easement was granted by the Schmitz family many years ago for access through the farm. Mrs. Schmitz would like the Town Board to consider granting an alternate access to the site. Mrs. Schmitz was unable to attend the meeting. No action was taken.
#12 Consideration and possible action regarding possible nuisance conditions. Mr. Boyd has made progress in removing the vehicles and equipment from his property. Mr. Perl will be sent a letter for violation of the nuisance ordinance for unsightly debris.
#13 Schedule the 2006 budget Hearing. The Budget Hearing was scheduled for December 8th, at 7:00 p.m. and the Town Board Budget Workshop Meeting will be held on November 22nd, at 4:30 p.m.
#14 Establish the 2006 refuse and recycling rates. Jerry Guelig motioned to establish the 2006 refuse rate at $79.00 and the recycling rate at $18.00, seconded by Mike Wirtz. Motion carried (5-0).
#15 Certified Survey Maps. None were presented.
#16 Approval of Town bills. Jerry Guelig motioned to approve the bills as submitted (order nos. 592-650), seconded by Mike Wirtz. Motion carried (5-0).

Public comments and questions pertaining to town business:
Fishermanís Road Fishing Club was acknowledged and thanked for their $700.00 donation toward the maintenance of the boat launch bathrooms.
Bowmar Appraisals has begun the reassessment of the Town.
Clerk Brenda Schneider was acknowledged for her recent designation as a Wisconsin Certified Municipal Clerk.

Jerry Guelig motioned to adjourn at 10:00 p.m., seconded by Mike Wirtz. Motion carried (5-0).



Attest_______________________________________
Brenda A. Schneider
Town Clerk




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