Monday, February 16 2009
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Road Supervisor’s Report.
Review financial reports.
Approval of town bills.
1. Consideration of a budget from and an Agreement with Mt. Calvary Volunteer Fire Dept.
2. Discuss Cheedah Meadows’ drainage.
1. Consideration and possible action regarding the rezone request submitted by Lindsey Bovinet & Susan Fiebig for the property located at W4099 Kiekhaefer Parkway from Single-Family Residential without Public Sewer (R-2) to Business without Public Sewer (B-2).
2. Discuss citizen’s complaint regarding nuisance noise at W4123 Kiekhaefer Parkway.
3. Consideration and possible approval of a request from Winnebago Association of Kiteboarders to clear brush on the Town-owned public access lot on Deadwood Point Beach Road.
4. Discuss drainage issues at Ashberry Avenue.
5. Discuss future road salt purchases and the storage of the salt.
6. Consideration and possible approval of Change Order #1 to the contract with AECOM for field testing of road swale infiltration and update SLAMM as required by the Town’s stormwater permit issued by the DNR.
7. Consideration and possible approval of a request to transfer 200 Residential Unit Equivalents of capacity in the City of Fond du Lac Wastewater Treatment Plant and the City sewer interceptor to Taycheedah Sanitary District #3.
8. Consideration and possible approval of a request from Calumet Volunteer Fire Department to support their participation in the Fond du Lac County Mutual Aid Box Alarm System (MABAS).
9. Certified Survey Maps.
Public comments and questions pertaining to town business.
Brenda A. Schneider, Clerk
The Town Board of the Town of Taycheedah met on Monday, February 16th, 2009, at 7:30 p.m., at the Town Hall, for the purpose of conducting their February monthly meeting. Members present were Chairman Jerry Guelig, Supervisors Mike Wirtz, Clarence Kraus and John Abler, Clerk Brenda Schneider and Treasurer Kathy Diederich. Absent-Supervisor Tim Simon.
Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was recited. John Abler motioned to approve the minutes of the 12/16/08 and 1/12/09 meetings, seconded by Mike Wirtz. Motion carried (4-0-1 absent).
The Park & Rec Committee will meet on February 19th. They plan to work on updating the Town’s Outdoor Recreation and Open Space Plan.
Road Maintenance Supervisor Report:
Mike Sabel reported that he performed a great deal of equipment maintenance and repair over the last several weeks. He has also had to address drainage problems caused by a culvert that has frozen several times on Ashberry Avenue.
The John Deere tractor order needs to be placed soon. If ordered immediately, the tractor would be built in late September. Serwe has asked that the Town consider modifying the tractor in order to improve the resale of it and to keep the Town’s trade-in costs from increasing. Modifications include: no air-suspension cab, add a panoramic door and increase the tire size to 42”. The net cost of the modifications would be $1,356.00.
Approval of Town bills:
Treasurer Kathy Diederich reviewed the Town’s draft financial reports with the Board.
Jerry Guelig moved to approve the bills as presented (order nos. 55-121), seconded by John Abler. Motion carried (4-0-1 absent).
#1 Status of a budget from and an Agreement with Mt. Calvary Volunteer Fire Dept. The Mt. Calvary Fire Dept. submitted a contract for fire protection for calendar year 2009. The Contract calls for a 5.5% increase from the 2008 expense for a total of $88,219.00.
Chairman Guelig, after meeting with the highest-elected officials from the Towns of Empire, Forest and Marshfield and the Village of Mt. Calvary, presented a draft letter addressed to the Mt. Calvary Fire Department delineating their municipalities’ expectations of the Department’s budget process, the municipalities’ involvement in that process and the methodology that will be used in determining how total revenues to be collected will be allocated to the municipalities. The Board members disagreed on the method of allocating the revenue to be collect from the municipalities and the impact of establishing a flat percentage yearly increase.
Clarence Kraus motioned to approve the letter and forward it as presented to the Mt. Calvary Fire Dept., seconded by Jerry Guelig. Motion failed (2-2-1 absent). Nay-John Abler, Mike Wirtz.
Mike Wirtz and Kathy Diederich were directed to revise the letter using an alternate method of allocation. Chairman Guelig will submit the revised letter to the other highest elected officials at their meeting on 2/17/09.
Mike Wirtz motioned to accept the 2009 Fire Protection Contract with the Mt. Calvary Fire Dept., seconded by John Abler. Motion carried (4-0-1 absent).
Mike Wirtz motioned to notify the Mt. Calvary Fire Dept. of the Board’s intention to not renew the contract in its current form as of 12/31/09, seconded by Jerry Guelig. Motion carried (4-0-1 absent).
#2 Discuss Cheedah Meadows drainage. Tim Simon was not in attendance so the Board could not receive his report on the project.
February 16th, 2009 Town Board 2.
Chairman Guelig spoke to Chris Solberg. Chris is unhappy with the Town for re-directing water from Windward Estates. The water is overflowing the Cheedah Meadows retention pond and filling the ditches in the subdivision. Clarence Kraus motioned to see that Chris Solberg attends the next Board meeting. Motion died for lack of a second. Chairman Guelig will speak to Mr. Solberg next week.
#1 Consideration and possible action regarding the rezone request submitted by Lindsey Bovinet and Susan Fiebig for property located at W4099 Kiekhaefer Parkway from Single-Family Residential without Public Sewer (R-2) to Business without Public Sewer (B-2). The Plan Commission conducted a pubic hearing on February 2nd, 2009. The Plan Commission recommends the Town Board deny the request.
Pursuant to the Plan Commission’s direction, Mr. Bovinet contacted Attorney John St. Peter, to determine what options, if any, were available to him. Attorney St. Peter submitted correspondence, dated February 9th, advising that the property could be rezoned to B-2 under the condition that a deed restriction be recorded in the Fond du Lac County Register of Deeds Office stipulating that the use of the B-2 zoning would be limited to the Bed & Breakfast and retail art studio.
Frank Alaniz, W4115 Kiekhaefer Parkway, was opposed to the rezone citing the area is a single-family residential neighborhood, the noise level would not be typical of a single-family property, there would be no control over the number of people on the site at one time and growth could not be limited.
Barb & Juan Sotelo, W4106 Kiekhaefer Parkway, echoed Mr. Alaniz’s concerns and added increased traffic and an infringement upon their time to relax in their yard.
Jerry Guelig motioned to not support the studio but to allow the Bed & Breakfast. Motion died for lack of a second.
Mr. Bovinet gave the following presentation:
• Propose to operate Moondance Bed & Breakfast Studio/Gallery.
• Move the lot line between Lot 10 and Lot 11. The rezone request is for the altered Lot 10 only. They intend to reduce the size of Lot 11 to the minimum size of 1.5 acres.
• Convert the guest house located at W4099 Kiekhaefer Parkway into the Bed & Breakfast. The conversion would include converting the lower garage into two suites. Maximum occupancy estimated at 7-8 people.
• Propose building a new studio building in the current location of a small garden shed. The shed would be removed. The studio would house a gallery, a multi-media studio, a woodworking studio and a small scale instructional area for a maximum of 12 people.
• They expect their proposal will have no additional noise. They already have two working art studios.
• Bovinet & Fiebig are willing to place restrictions on the property upon its sale.
• They don’t plan on having routine hours of operation. Exhibitions would be by invitation.
• They do not plan to establish the Bed & Breakfast without the art studio.
Jerry Guelig motioned to accept the recommendation of the Plan commission and deny the request, seconded by John Abler. Motion carried (4-0-1 absent).
#2 Discuss citizen’s complaint regarding nuisance noise at W4123 Kiekhaefer Parkway. Frank Alaniz filed a complaint against Mark Kirschling for loud noise. The issues presented are as follows:
• It has been a problem for the last four years.
• It is sometimes a problem when he and his wife are indoors.
• At time, it goes on from 7 am to 9 pm.
• He knows the noise is not for personal use.
• They feel it may be affecting their hearing.
• They live in a single-family residential area.
February 16th, 2009 Town Board 3.
Mr. Kirschling addressed the Board with the following responses:
• He started his business in 1995.
• His logging equipment is off-site in the woods at various locations throughout the year.
• His equipment is located on his property for about 2 months out of the year; at which time he performs minor maintenance on the equipment.
• It is costly for him to move his equipment needlessly.
• He has done landscaping on his property with a skidsteer.
• He has sandblasted metal lawn furniture.
• He uses chain saws and other equipment to cut firewood, approximately 4.5 cords per year, mostly for personal use.
• His riding lawn mower makes more noise than his logging equipment.
The Board advised Mr. Alaniz to contact the Town Constable or a Board Member in the future when he believes excessive noise is being generated at the Kirschling property so that a Town representative could make a determination as to whether or not a violation is occurring.
#3 Consideration and possible approval of a request from Winnebago Association of Kiteboarders to clear brush on the Town-owned public access lot on Deadwood Point Beach Road. Jerry Guelig motioned to authorize the Association to clear brush and downed trees on the Deadwood Point lot, seconded by Mike Wirtz. Motion carried (4-0-1 absent).
#4 Discuss drainage on Ashberry Avenue. Spies’ pond is currently drains to an overgrown ditch located behind the houses on the east side of Ashberry. Instead, the water flows toward the road between two houses. The Town’s ditch and culvert is not sized to handle the additional water; which is causing re-occurring ice problems on the road. A new ditch could be dug to the west beyond the end of the cul de sac. Chairman Guelig will contact Mr. Spies.
#5 Discuss future road salt purchases and the storage of the salt. The demand for road salt due to increased snowfalls and ice incidents the last couple of winters caused problems with the supply and cost of the salt. The Town was able to obtain salt at a somewhat reasonable price; however, the quantity was less than normal. The Road Department established a policy of limiting the application of salt, as much as possible, to intersections, curves and hills during the 2008-09 winter.
The Fond du Lac County Highway Department has requested that the Town report to them, by March 10th, the quantity of salt we will need for next winter and the quantity of salt the Town can take delivery of in November. The County will attempt to store any excess salt we think we need; however, they can not guarantee it will be available when and if the Town needs it. Pre-paying for the County stored salt will not guarantee it for the Town either.
The Town’s salt shed is approximately 40 years old. It can hold approximately 250 tons of salt; which isn’t typically enough for a typical winter. Building a larger salt storage building appears to be the only way to guarantee an adequate quantity of salt.
The Board directed Mike Sabel to compile the options and estimates for consideration at a future meeting.
#6 Consideration and possible approval of Change Order #1 to the contract with AECOM for field testing of road swale infiltration and update SLAMM as required by the Town’s stormwater permit issued by the DNR. Mike Wirtz motioned to approve Change Order #1, seconded by Jerry Guelig. Motion carried (4-0-1 absent).
#7 Consideration and possible approval of a request to transfer 200 Residential Unit Equivalents of capacity in the city of Fond du Lac Wastewater Treatment Plant and the City sewer interceptor to Taycheedah Sanitary District #3. John Abler motioned to approve the transfer of 200 RUEs of treatment plant and interceptor capacity to Taycheedah Sanitary District #3, seconded by Jerry Guelig. Motion carried (4-0-1 absent).
#8 Consideration and possible approval of a request from Calumet Volunteer Fire Department to support their participation in the Fond d Lac County Mutual Aid Box Alarm System (MABAS). Clarence Kraus motioned to support the Fire Department participating in MABAS, seconded by Mike Wirtz. Motion carried (4-0-1 absent).
February 16th, 2009 Town Board 4.
#9 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Alvin & Donna Schmitz, creating Lot 1, consisting of 5.0 acres located in the SE ¼ of the SE ¼ of Section 24. The survey also creates Outlot 1, consisting of 5.387 acres; Outlot 2, consisting of 0.861 acres; and Outlot 3, consisting of 4.852. All outlots will be added to the abutting properties. Jerry Guelig motioned to approve the Certified Survey Map as presented, seconded by John Abler. Motion carried (4-0-1 absent).
A Certified Survey Map was submitted on behalf of Marc and James J. Fett, creating Lot 1, consisting of 0.712 acres; Lot 2, consisting of 0.712 acres; and Lot 3, consisting of 0.712 acres located in the Deadwood Point Plat in Section 19. The Board discussed safety concerns regarding traffic patterns for ingress/egress to the three lots and unnecessary challenges for emergency response vehicles created due to the boulevard. Clarence Kraus motioned to approve the Certified Survey Map under the following conditions:
• Removal of the entire boulevard.
• Reconstruction of the boulevard segment of Ashberry Avenue to current Town specifications:
o 24 foot total width: Roadbeds shall be constructed to provide that over the existing or compacted fill there shall be a minimum of twelve inches (12”) of roadbase consisting of a layer of six to eight inches (6”-8”) of compacted three to four inch (3”-4”) crushed rock; that on top of such layer shall be four to six inches (4”-6”) of compacted three-fourths to one inch (3/4”-1”) crushed stone. Roadbase construction shall be subjected to proof-rolling tests between layers. The tests shall be certified by a registered engineering firm and witnessed by a Town Board member or a designated representative.
o 20 foot total width of asphalt surface: Pavement shall be a minimum total of three and one half (3 1/2”) inches of compacted asphalt, properly rolled and finished consisting of a binder course of a minimum of two inches (2”) of compacted bituminous concrete pavement and a surface course of a minimum of one and one half inches (1 ½”).
o 2 foot shoulders on both sides of the roadway.
o Proper ditch elevations; final grading and seeded.
• Extension of sanitary sewer service to all three proposed lots.
The motion was seconded by Jerry Guelig. Motion carried (4-0-1 absent).
Public comments and questions pertaining to town business:
The Board will have a special meeting on Thursday, February 19th, at 4:00 p.m., to consider the modifications to the John Deere tractor.
Clarence Kraus motioned to adjourn the meeting at 9:47 p.m., seconded by Mike Wirtz. Motion carried (4-0-1 absent).
Brenda A. Schneider
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