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Town Board
Monday, October 9 2006
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.

Presentation
The size of the Fond du Lac County Board by Committee to Protect Citizen Government

Unfinished Business
1. Consideration and possible action regarding a nuisance complaint against the property located at W3954 Cty. WH (Schmitz).
2. Consideration and possible further action regarding a nuisance complaint against the property located at N8114 Glen Street (Schmitz).
3. Consideration and possible appointment of a representative to the Municipal Court Review Committee.
4. Consideration and possible acceptance of Meadowview Drive into the Town’s Highway System.
5. Consideration and possible action regarding responsible party for the relocation and construction of a ditch along Sandy Beach Road.

New Business
1. Consideration and possible approval of the Final Plat of Sandy Beach Business Park-outlots only.
2. Consideration and possible approval of a rezone request submitted by the Miller Family Land Holdings, LLC.
3. Discuss wastewater treatment plant capacity currently owned by the Town of Taycheedah.
4. Consideration and possible approval of 32 comprehensive rezonings (See Plan Commission notice).
5. Consideration and possible approval of amendment to the Code of Ordinances (See Plan Commission notice).
6. Consideration and possible approval of a Franchise Extension Agreement with Charter Cable Partners, LLC.
7. Consideration and possible approval to extend the contract for refuse and recycling removal with Waste Management.
8. Discuss the condition of the asphalt roads in Fisherman’s Estates.
9. Discuss current speed limits in residential developments.
10. Consideration and possible approval of an Agreement for Professional Services with Omnni Associates for the development of a Comprehensive Plan.
11. Consideration and possible adoption of the Public Participation Plan to be applied to the development of a Comprehensive Plan.
12. Consideration and possible action to establish compensation for the members of the Comprehensive Planning Committee.
13. Establish the composition of the Comprehensive Planning Committee.
14. Appointment to the Comprehensive Planning Committee.
15. Certified Survey Maps.
16. Consideration and possible approval of a budget amendment to transfer $410.00 from the General Contingency Fund to Constable Operating Expenses.
17. Approval of town bills.

Public comments and questions pertaining to town business.

Adjournment.

Brenda A. Schneider
Town Clerk


MINUTES

The Town Board of the Town of Taycheedah met on Monday, October 9th, 2006, at 7:30 p.m., at the Town Hall, for the purpose of conducting the October 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.
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 9/11/06 monthly meeting, seconded by John Abler. Motion carried (5-0).
Presentation
The size of the Fond du Lac County Board by Committee to Protect Citizen Government.
Committee Reports:
None given.
Special Orders:
None stated.
Unfinished Business:
#1 Consideration and possible action regarding a nuisance complaint against the property located at W3954 Cty. WH (Schmitz). Several neighbors were in attendance. The Fond du Lac County Sheriff’s Department has been involved due to the noise complaints; however, no citations have been issued.
A neighbor reported that the noise level has decreased. However, the junk in the backyard has increased. At one point, Mr. Schmitz placed several items in the opening between the trees along the lot line. The neighbor moved the items. Mr. Schmitz replaced the items back into the opening and erected an obscene sign. Mr. Schmitz filed a trespassing complaint against the neighbor with the Sheriff’s Department.
The neighbor further reported that the amount of junk on the property has increased substantially in the last two months. Photos were presented to the Board. He also commented on the burning of unknown materials between 5 p.m. and 10 p.m.
Another neighbor verified that there is occasional noise coming from the property, the use of foul language and unsightly debris.
The neighbors were encouraged to continue to contact the Sheriff’s Department with noise complaints when necessary.
The DNR could be contacted regarding the burning of questionable materials.
Jerry Guelig motioned to authorize Attorney John St. Peter to send a letter to Mr. Schmitz requesting compliance with the ordinance regarding the abatement of unsightly debris within 3 days, seconded by John Abler. Motion carried (5-0).
#2 Consideration and possible action regarding a nuisance complaint against the property located at N8114 Glen Street (Schmitz). Mr. Schmitz has re-located some of the debris and a car to the backyard. Mr. Schmitz was notified, by letter dated 8/18/06, to substantially improve the condition of his property within 30 days. John Abler motioned to commence court action against Mr. Schmitz for failure to alleviate the nuisance, seconded by Mike Wirtz. Motion carried (4-1). Nay-Tim Simon.
#3 Consideration and possible appointment of a representative to the Municipal Court Review Committee. Jim Bertram motioned to appoint John Abler to the Municipal Court Review Committee, seconded by Mike Wirtz. Motion carried (4-0-1 abstention). John Abler abstained.
#4 Consideration and possible acceptance of Meadowview Drive into the Town’s Highway System. The asphalt and shouldering have been completed. Jerry Guelig motioned to accept Meadowview Drive into the Town’s Highway System, seconded by Jim Bertram. Motion carried (5-0).
#5 Consideration and possible action regarding responsible party for the relocation and construction of a ditch along Sandy Beach Road. After Board discussion, Jerry Guelig motioned to leave the road and ditch as is with the culverts to be placed in the existing ditch, Ron Cunzenheim/RAM will provide ditch elevations at every lot line, seconded by Tim Simon. Motion carried (5-0).

New Business:
#1 Consideration and possible approval of the Final Plat of Sandy Beach Business park-outlots only. The Plan Commission conducted a public hearing on October 4th, 2006. The Plan Commission resolved to recommend the Town Board approve the Final Plat under the condition the Town Board address the issue of responsible party for road improvement and establishment of a proper ditch within the newly established

October 9th, 2006 Town Board 2.
Monthly Meeting

dedicated right-of-way. Mike Wirtz motioned to approve the Final Plat of Sandy Beach Business Park-outlots only, seconded by Jim Bertram. Motion carried (5-0).
#2 Consideration and possible approval of a rezone request submitted by the Miller Family Land Holdings, LLC. The Miller Family Land Holdings, LLC, requested the rezone of Lot 1, consisting of 1.10 acres, from Agricultural Transitional (A-T) to Residential Single Family with public sewer (R-1) and Lot 2, consisting of 10.87 acres, from Agricultural Transitional (A-T) to Business with public sewer (B-1). The Plan Commission conducted a public hearing on October 4th, 2006. The Plan Commission resolved to recommend the Town Board approve the rezonings as requested. Jerry Guelig motioned to approve the rezonings as requested, seconded by John Abler. Motion carried (5-0).
#3 Discuss wastewater treatment plant capacity currently owned by the Town of Taycheedah. Ron Cunzenheim submitted a request to the Town Board regarding the possibility of selling treatment capacity to Taycheedah Sanitary District No. 1 for use by RAM Investments, LLC (Sandy Beach Business Park). He indicated that he has yet to approach TSD#1 regarding this proposal. Mr. Cunzenheim’s analysis of the Town’s treatment plant capacity indicates that it exceeds the Town’s interceptor capacity by 137 people/52.7 residential unit equivalents (RUEs). The 52.7 RUEs would be sufficient for 34 acres of business use; enough to begin the Sandy Beach Business Park. However, it would not be enough for the entire development.
In 1999, each district and affected town was required to project their needs for the next 20 years. Capacity was bought or sold by each district and town based upon their determinations. TSD#1 sold capacity to the City of Fond du Lac and the Town of Taycheedah purchased capacity from the City on behalf of the newly established Taycheedah Sanitary District #3 and Johnsburg Sanitary District.
Karen Schwengels, TSD#1 Commissioner, informed the Town Board that they have been working diligently toward the purchase of additional capacity from the City of Fond du Lac. She indicated that RAM will be the first to receive service once additional capacity is purchased. The TSD#1 Commission is meeting on October 12th for further discussion on the matter. No one was able to respond to the Board’s questions pertaining to the amount of capacity sold by TSD#1 and the price received.
Mr. Cunzenheim’s analysis of the Town’s capacity indicates their remaining treatment plant capacity to be 414 people/159 RUEs. However, information provided by Ron about one year ago indicated the Town’s capacity to be 1090 people/419 RUEs. Mr. Cunzenheim will re-evaluate the data and submit a report to the Board.
#4 Consideration and possible approval of 32 comprehensive rezonings (See Plan Commission notice). The Plan Commission conducted a public hearing on October 4th, 2006. The Plan Commission resolved to recommend the Town Board approve the rezonings as presented. Mike Wirtz motioned to approve the following rezonings:

Parcel tax key number owner address Zoned rezone
1 T20-16-18-09-02-001-00 Diane Anderson/Ron Meyer N9284 Hwy. 151 R-2 R-1
2 T20-16-18-09-03-003-00 John Rixen N9176 Hwy. 151 B-2 B-1
3 T20-16-18-09-03-004-00 Primrose Schindelholz N9162 Hwy. 151 R-2 R-1
4 T20-16-18-09-03-006-00 Dale Wiechman vacant land R-2 R-1
5 T20-16-18-09-03-007-00 Dale Wiechman vacant land R-2 R-1
6 T20-16-18-09-03-008-00 Dale Wiechman vacant land R-2 R-1
7 T20-16-18-09-03-009-00 Harley Guell N9140 Hwy. 151 R-2 R-1
8 T20-16-18-09-08-001-00 All Line Communication vacant land R-2 R-1
9 T20-16-18-09-08-002-00 Robert Gruel W3928 Fisherman's Rd R-2 R-1
10 T20-16-18-09-08-003-00 All Line Communication W3938 Fisherman's Rd R-2 R-1
11 T20-16-18-09-08-004-00 Michael Schmitz W3944 Fisherman's Rd R-2 R-1
12 T20-16-18-09-08-005-00 Ronald Baeten W3950 Fisherman's Rd R-2 R-1
13 T20-16-18-09-08-006-00 Scott Rauch W3960 Fisherman's Rd R-2 R-1
14 T20-16-18-12-02-004-00 Ken Schneider N9295 Cty. W R-1 MFR
15 T20-16-18-12-02-014-00 Elmer Thome N9271 Cty. Q R-1 R-3
16 T20-16-18-16-13-002-00 Silica Plumbing portion only N8582 Cty. QQ R-1 B-1
17 T20-16-18-22-10-002-00 Patrick O'Brien N8249 Cty. QQ R-1 R-3
18 T20-16-18-22-11-024-00 Tim Boomsma N8105 Billene Drive R-1 R-3
19 T20-16-18-28-01-004-00 Joel Nett W3764 Cty. WH R-1 R-3
20 T20-16-18-28-01-010-00 Neal Nett N8082 Church Rd. R-1 R-3
21 T20-16-18-29-12-004-00 Ken Rickert N7731 Cty. WH R-2 R-1
22 T20-16-18-32-05-007-00 Jerry Hansman N7697 Cty. WH R-2 R-1
23 T20-16-18-32-05-008-00 Michael Colla vacant land R-2 R-1
24 T20-16-18-32-05-009-00 Michael Colla vacant land R-2 R-1
25 T20-16-18-32-05-010-00 David Huck N7677 Cty. WH R-2 R-1
26 T20-16-18-32-05-011-00 David Huck N7673 Cty. WH R-2 R-1
27 T20-16-18-32-05-012-00 James Paulson N7669 Cty. WH R-2 R-1
28 T20-16-18-99-CH-020-00 Gerald Tennessen N7423 Spring St. R-1 R-3
29 T20-16-18-99-CH-030-00 Gerald Tennessen N7411 Spring St. R-1 R-3
30 T20-16-18-99-HF-280-00 Frank Quick N7609 Cty. WH A-T B-1
31 T20-16-18-99-HI-190-00 John Wehner W3517 Hillside Circle R-1 R-3
32 T20-16-18-99-NI-030-00 Victor Moyer N7646 Cty. UU R-2 R-1

R-1 Single-Family Residential with public sewer
R-2 Single-Family Residential without public sewer
R-3 Two-Family Residential with public sewer
R-4 Two-Family Residential without public sewer
MFR Multi-Family Residential
B-1 Business with public sewer
B-2 Business without public sewer
A-1 Exclusive Agriculture
A-T Ag-Transitional

Jerry Guelig seconded the motion. Motion carried (5-0).
#5 Consideration and possible approval of amendments to the Code of Ordinances (See Plan Commission notice). The Plan Commission conducted a public hearing on October 4th, 2006. The Plan Commission resolved to recommend the Town Board approve the amendments to the Code of Ordinances as presented. Mike Wirtz motioned to approve amendments No. 1-11 to the Code of Ordinances, per the Plan Commission recommendation. The amendments were as follows:
1) Section 13-1-24(f)(3)(a), Highway Setback Lines, reduce the private road setback from fifty (50) feet from right-of-way line but not less than seventy-five (75) feet from the center line of the road to thirty (30) feet from right-of-way but not less than sixty-three (63) feet from the center line of said road as shown on the instrument creating said road or road easement.
2) Section 13-1-42(d)(3), R-1 Single-Family Residential District with Public Sewer, increase the minimum public highway frontage from forty (40) feet to fifty (50) feet.
3) Section 13-1-48(b)(8), R-7 Lakeside Single-Family Residential District, add the following paragraph: Boathouses shall not extend waterward beyond the ordinary high water mark and shall be designed solely for boat storage and storage of related equipment. Boathouses shall be square or rectangular in shape. Boathouses shall be one story in height and may not exceed 15 feet to the peak of the roof. Sidewalls of the boathouses shall be one story in height and may not exceed 8 feet in height. At least one boat access door with a minimum width of seven feet shall be provided on the side of the boathouse towards the water, no patio style doors are allowed on a boathouse. Boathouses may not be established where the existing slope is greater than 20 percent. No boathouse may exceed 864 square feet using exterior sidewall dimensions on lakes over 600 acres. No more than one boathouse per
October 9th, 2006 Town Board 4.
Monthly Meeting

conforming lot may be constructed. Indoor plumbing, decks and patios are prohibited on, in or adjacent to boathouses.
4) Section 13-1-140(a), Accessory Uses and Structures, delete the following sentence: An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction.
5) Section 13-1-140(c), Accessory Uses and Structures, exempt boathouses from the detached accessory structure/garage limitation.
6) Section 14-1-31(b), Submission of Preliminary Plat, Improvements, Plans and Specifications, delete the requirement to submit engineering reports, plans and specifications for the construction of any public improvements required by this Chapter, specifically addressing sewer and water service feasibility, drainage facilities and erosion control plans.
7) Section 14-1-31(c), Property Owners Association: Restrictive Covenants, delete the requirement of submission of legal instruments and rules for proposed property owners association and proposed deed restrictions or restrictive covenants with the preliminary plat.
8) Section 14-1-33(4), Final Plat Review and Approval, Filing Requirements, require the submission of twelve (12) complete sets of engineering reports, plans and specifications for the construction of any public improvements required by this Chapter, specifically addressing sewer service feasibility. The owner shall also file twelve (12) copies of the legal instruments and rules for proposed property owners associations, when the subdivider proposes that the common property within a subdivision would be either owned or maintained by such an organization of property owners or a subunit of the Town pursuant to Sec. 236.293, Wis. Stats., and proposed deed restrictions or restrictive covenants, shall be submitted at the time of filing the Preliminary Plat with the Town Clerk. (Note: Deed restrictions and restrictive covenants are private contractual agreements and are not enforceable by the Town.)
9) Section 14-1-84, Fees in Lieu of Land, delete the entire section.
10) Section 13-1-151(c), Yard Modifications, Cul-de-sac and Curve Restrictions, delete the subsection.
11) Section 14-1-62, Erosion Control, replace this section with a referral to the Fond du Lac County Erosion Control and Stormwater Management Ordinance.
Jim Bertram seconded the motion. Motion carried (5-0).
#6 Consideration and possible approval of a Franchise Extension Agreement with Charter Cable Partners, LLC. The Town’s 15-year Franchise Agreement with Charter will expire November 2006. The Extension Agreement will extend the expiration by six months. John Abler motioned to approve the Franchise Extension Agreement with Charter Cable Partners, LLC, seconded by Jerry Guelig. Motion carried (5-0).
#7 Consideration and possible approval to extend the contract for refuse and recycling removal with Waste Management. Bob Lamers, representing Waste Management, presented the following bids:
CURRENT RATE 2007 RATE
Refuse $5.82 $6.00
Recycling $2.02 $2.63 current weekly program
$2.20 bi-wkly single-sort to include 65 gal. cart
State tipping fee $0.23 $0.24
Bulky waste $0.45 no bid-would like to eliminate tires and appliances

Waste Management also wants to implement a fuel cost adjustment that would establish a surcharge if and when diesel fuel exceeds $2.50 per gallon.
The Town Board needs to evaluate the impact of the fuel cost adjustment. The Board also wants a quote from Waste Management for the continuation of the current bulky waste program.
#8 Discuss the condition of the asphalt roads in Fisherman’s Estates. The base course and finish coat have been completed. The asphalt is cracking along the edges of the road. The Board members will inspect the roads before the next meeting.
#9 Discuss current speed limits in residential developments. The Board will further address speed limits in residential developments at a future meeting.
#10 Consideration and possible approval of an Agreement for Professional Services with Omnni Associates for the development of a Comprehensive Plan. Jerry Guelig motioned to approve the Agreement, seconded by John Abler. Motion carried (5-0).
October 9th, 2006 Town Board 5.
Monthly Meeting

#11 Consideration and possible adoption of the Public Participation Plan to be applied to the development of a Comprehensive Plan. Mike Wirtz motioned to approve the Public Participation Plan, seconded by Jim Bertram. Motion carried (5-0).
#12 Consideration and possible action to establish compensation for the members of the Comprehensive Planning Committee. John Abler motioned to compensate the members of the Comprehensive Planning Committee a $25.00 per diem, seconded by Tim Simon. Motion carried (5-0).
#13 Establish the composition of the Comprehensive Planning Committee. The Board will consider the composition at a workshop meeting to be held on Monday, October 23rd, at 5:00 p.m.
#14 Appointment to the Comprehensive Planning Committee. Appointments were postponed until the Board establishes the composition of the Committee.
#15 Certified Survey Maps. A Certified Survey Map was submitted on behalf of the Miller Family Land Holdings, LLC. The CSM creates Lot 1-consisting of 1.09 acres, and Lot 2-consisting of 10.88 acres, in the SW1/4 of the NE1/4 of Section 31. Mike Wirtz motioned to approve the CSM, seconded by Jerry Guelig. Motion carried (5-0).
#16 Consideration and possible approval of a budget amendment to transfer $410.00 from the General Contingency Fund to Constable Operating Expenses. John Abler motioned to transfer $410.00 from the General Contingency Fund to Constable-Operating Expenses, seconded by Mike Wirtz. Motion carried (5-0).
#17 Approval of Town bills. Jerry Guelig motioned to approve the bills as submitted (order nos. 585-641), seconded by Mike Wirtz. Motion carried (5-0).

Public comments and questions pertaining to town business:
The Town of Taycheedah Board of Review will be conducted on October 19th, from 6:00-8:00 p.m.
The monthly Town Board meetings will change to 7:00 p.m., starting with the November meeting.
The Calumet Fire Dept. Annual Meeting will take place on Tuesday, October 17th at 8:00 p.m.
The Board was asked about the possibility of erecting signs along the Bypass directing travelers to Peebles and Taycheedah and building a shoulder along Golf Course Drive in the area of the former prison fence.

Jerry Guelig motioned to adjourn at 10:22 p.m., seconded by Mike Wirtz. Motion carried (5-0).


Attest_______________________________________
Brenda A. Schneider
Town Clerk




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