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Town Board
Monday, June 9 2014
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting

AGENDA

Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee Reports:
Park & Rec.
Road Supervisor's Report.
Review financial reports.
Review legal bills
Approval of Town bills.

Unfinished Business
1. Discuss road construction projects yet to be completed by the developer.
2. Presentation of DNR findings regarding drainage ditch located in Section 36 and action to reconsider prior Board determination.
3. Consideration and possible authorization to purchase a riding lawn mower.

New Business
1. Consideration and possible approval of a request by Calumet Fire Dept for the installation of a hydrant in Sandy Beach Business Park.
2. Consideration and possible approval of a funding request submitted by UW extension to conduct a well water survey.
3. Consideration and possible award of road resurface/reconstruction bids.
4. Consideration and possible approval of Liquor & Beer License applications, effective July 1, 2014 to June 30, 2015.
a. Sunset on the Water Grill & Bar, GAVA, LLC, Maria Katris, Agent. Premises located at N7364 Winnebago Drive.
b. Three Sheets, JM Eiring, LLC, Jason Eiring, Agent. Premises located at W4809 Golf Course Drive.
c. Steffes' Tavern & Restaurant, Allen W. Sabel, Applicant and Agent. Premises located at W3727 Cty WH.
d. The Welsch Restaurant & Ale House, The Welsch Restaurant & Ale House, LLC, Stacy Ann Carlson, Agent. Premises located at W3675 Cty WH.
e. Silica Pub, Bruce Alan Connaher, Applicant and Agent. Premises located at N8545 Cty QQ.
f. Peebles Grille, Troy William Pagel, Applicant and Agent. Premises located at N7640 Cty WH.
g. East Shore Conservation Club, Chad Olig, Agent. Premises located at N7954 Tower Road.
h. Lakeview Express, CnD Specialties, Inc., Christopher C Hermann, Agent. Premises located at N7593 Taycheedah Way.
i. Eden Grill, CnD Specialties, Inc., Christopher C Hermann, Agent. Premises located at N7591 Taycheedah Way.
5. Discuss the maintenance of the Deadwood Point drainage way.
6. Consideration and possible amendments to Code of Ordinance, Title 12, Regulation of Parks and Navigable Waters, pertaining to the use of all parks and to include Gladstone Park and Hermanns Park.
7. Consideration and possible amendment to Code of Ordinance, Title 6, Driveways and Culverts to increase driveway width at the right-of-way line.
8. Discuss amending Code of Ordinance, Title 13, Zoning Code, to reduce the minimum lot size in the Business District.
9. Discuss reducing the hall rent.
10. Certified Survey Maps.
11. Schedule a special meeting. Topic: Liquor License application.

Ordinance Enforcement
1. Chickens in a residential district.
2. Nuisance debris accumulated on a Cty WH property.

Public comments and questions pertaining to town business

Adjournment

Brenda A. Schneider, Clerk


Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information, or to request this service, please contact Brenda Schneider at 921-5224.


MINUTES

TOWN BOARD
MONTHLY BOARD MEETING
JUNE 9, 2014
7:30 P.M.
TAYCHEEDAH TOWN HALL



Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Jim Rosenthal and Tim Simon. Also present were Clerk Brenda Schneider, Treasurer Kathy Diederich, Assessor William Huck, and Constable Bill Gius.

Call to order and Pledge of Allegiance:
Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was recited.

Approval of Meeting Minutes:
Motion by John Abler, second by Jim Rosenthal, to approve the minutes of the 5/12/14 and 6/2/14 meetings as distributed. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: Excavating has begun for the basketball court at Hermanns Park.

Road Maintenance Supervisor Report:
Chairman Guelig reported that road repair bids and the purchase of a lawn mower will be addressed later in the meeting.

Review the financial reports:
The May 2014 financial report was reviewed.

Review legal bill for April and May, 2014:
The Town was billed for unauthorized attorney to attorney communications. Chairman Guelig contacted Attorney John St. Peter regarding said billings. Attorney St. Peter felt it was in the best interest of the Town to respond to the parties' attorneys. Following past practice, the Board directed the Treasurer to bill Anthony Kohlman and Nett Construction for reimbursement. The Treasurer was also directed to bill the Fisherman's Road Fishing Club for half of the legal expenses related to the development of the Lease for Fisherman's Road Boat Launch.

Approval of Town bills:
Motion by Jerry Guelig, second by John Abler, to approve the bills (order nos. 277-312). Motion carried (5-0).

Unfinished Business:
#1 Discuss road construction projects yet to be completed by the developer. Letters informing the developers of the Board's position to complete these projects during the 2014 season were sent on or about April 30th. The developers were directed to submit a written response within 30 days as to their plans to complete their projects. The following is a status of each project:
a. Hawk's Landing. Hawk's Landing needs base coarse repair in spots, final coat and shouldering. The Town's 2014 estimate is $20,000 for the repairs and $84,660 for the final coat and shouldering. The Letter of Credit, in the amount of $94,500, will expire 8/15/14.
Nett disputes their responsibility for the needed repairs to the asphalt base. The Netts, accompanied by Attorney DeVries, will meet with Chairman Guelig and Attorney John St Peter on Wednesday, June 11th. Nett's goal is to arrive at a decision acceptable to the Town to bring back to the Town Board.
b. Sandy Beach Business Park. Sandy Beach needs final coat and shouldering. The base coarse was laid late in the 2013 season. The Town's 2012 estimate for the project is $150,000, including the completed base coarse. The Letter of Credit, in the amount of $187,500, will expire 11/1/14.
Brent Schumacher, representing R.A.M. was in attendance. R.A.M. has not received word regarding their requested reduction in the letter of credit. The request was submitted via direct contact with the Town's Attorney, John St. Peter. It was noted that the Board, during their November 11th, 2013 Board meeting, approved R.A.M.'s request to reduce the letter of credit to $100,000 under the stipulation the final coat is completed during the 2014 season. The current letter of credit had been issued prior to the Town's receipt of the request to reduce it.
R.A.M. stated they have a quote for $60,000; per the ordinance the minimum amount of bonding would be $75,000. No formal action was taken by the Board to reduce the letter of credit from $100,000 to $75,000.
c. Windward Estates. Windward Estates needs the final coat and shouldering. The Town's 2014 estimate to complete the project is $122,800. The Letter of Credit, in the amount of $112,553, will expire on 12/1/14. Nick Mueller, representing Gibraltar Development, LLC, submitted a written response to the Town regarding completion of the project during the upcoming season. Mr. Mueller stated that Gibraltar will "perform the work ourselves". No precise timeline was provided.
d. Raven View Estates. Raven View needs both layers of asphalt and shouldering. The Town's 2012 estimate to complete the project is $75,000. The Letter of Credit, in the amount of $93,750, will expire 11/1/2014. Robert Norris submitted a copy of his accepted and executed quote from Northeast Asphalt. It is expected that the work will be completed within the next several weeks.
e. Sand Hill Ridge. Sand Hill Ridge needs base repair of damaged areas, final coat and shouldering. The Town's 2014 estimate to complete the project is $54,445. The Letter of Credit, in the amount of $72,700, will expire 9/11/2014. Signature Homes did not respond to the letter.
#2 Status regarding the complaint pertaining to an obstructed watercourse filed by Anthony Kohlman, Jeff Bord and Bill Engel. Chairman Guelig reported that the DNR has completed their investigation of (1) whether the ditch is a "natural watercourse", and (2) whether any obstructions in the ditch were caused by the negligence of downstream property owners. The DNR has concluded that the ditch upstream from the Birschbach pond is not a natural watercourse. The DNR also concluded that there are no man-made obstructions hindering the water flow with the natural watercourse located downstream from the Birschbach pond.
We have been advised by our Town attorney that if the DNR opinions are accepted by the Town Board, the complaints filed by Engel, Bord and Kohlman must be dismissed for lack of jurisdiction. Also, if the Board accepts the DNR's opinion then the Board should withdraw its prior finding that the dich is a natural watercourse.
However, if the Board disagrees with the DNR's opinion, then the Board needs to authorize the hiring of a private engineer. An estimate, provided in 2013 by JE Arthur & Associates, was $12,000-15,000.
Motion by John Abler, second by Jim Rosenthal, to accept the opinions of the DNR and to withdraw the Board's December 9th, 2013 determinations of (1) that the ditch is a "natural watercourse"; (2) that the "natural watercourse" is obstructed; (3) that the obstruction was due to negligence of either or both Mr. Birschbach or Mr. Koenigs; (4) that the complainants have been damaged in some; and (5) that the Town Board has the power to order the appropriate remedy. Motion carried (4-0). Nay-Clarence Kraus.
#3 Consideration and possible authorization to purchase a riding lawn mower. Mike Sabel, Road Maintenance Supervisor, presented quotes for the purchase of a 4-wheel drive riding lawn tractor, under 5-year lease-to-own arrangements. Chairman Guelig and Clarence Kraus planned research a zero-turn mower but did not have time to do it since the last meeting. Clarence Kraus went to Fred's Fastrak. Fred's has a 2-wheel drive zero turn unit for $1,850 per year on a five-year lease-to-own option. Chairman Guelig postponed a decision on the lawn mower pending his visit to Fred's.

New Business:
#1 Consideration and possible approval of a request by Calumet Fire Dept for the installation of a hydrant in the Sandy Beach Business Park. Keith Lefeber, Calumet Fire Dept Chief, was in attendance. Chief Lefeber contacted Brent Schumacher. Brent was also in attendance and verified R.A.M.'s support of the installation of the hydrant into the retention pond behind the gas station. Motion by Jerry Guelig, second by John Abler, to approve the request to install the hydrant as presented, noting that the Fire Department intends to pay the related expenses. Motion carried (5-0). Chief Lefeber added that they will install a wider shoulder in the area of the hydrant.


#2 Consideration and possible approval of a funding request submitted by UW-Extension to conduct a well water survey. Noreen O'Brien, UW-Extension, and Wendy Giese, Fond du Lac County Code Enforcement Dept, explained that the Extension and the Code Enforcement Dept are planning to perform a random study of approximately one-third of the private well water owners in the County for the purpose of evaluating their well water program. The County will pay at least half of the cost of the survey. They are requesting a one-time $200 contribution from each town and village. They plan to use students to assist with the mailing work and to use UW-River Falls to assist with the survey itself. They noted that if they do not receive the expected contributions, they will need to reduce the number of households surveyed. Tim Simon requested a copy of the survey. Formal action on the request was postponed to the next meeting.
#3 Consideration and possible award of road resurface/reconstruction bids. The following bids were received:
Pulverize & Pave 2.0" Binder with 1.5" finish coat NEA Struck FDL Cty Scott
1. Golf Course Drive Hwy 151 to Cty. UU $170,056 $175,488 $174,599
Approximately 6,600' x 20'
2. Bittersweet Court Bittersweet Lane thru cul de sac $12,160 $15,160
Approximately 420' x 20'

Add 4" gravel, Pulverize & Pave 2.0" Binder with 1.5" finish coat
3. Welling Beach Road Approximately 2,400' x 20' $73,396.50 $79,630 $68,030

1.5" Overlay
4. Ledge Road W2699 east to 7 Hills Road $36,888 $28,500 $27,215
Approximately 2,600' x 20'
5. Cody Road Tower Road west to recent overlay $29,000 $21,375 $21,030
Approximately 2,000' x 20'
6. Cody Road W3611 east to recent overlay $14,326 $11,400 $11,246
Approximately 1,050' x 20'
7. Sandy Beach Road N7705 thence north $5,060 $2,500 $4,400
Approximately 180' x 20'

Pave 2" Binder with 1.5" finish coat
8. Schuster Lane Billene Drive thence east $11,584 $11,400
Approximately 410' x 20'

Wedges
9. Peebles Lane (North) Area 1 &2-1.5' overlay-both approx. 30' x 20' $2,700 $1,350

Slurry Seal
10. Town Hall upper parking lot $9,179

Motion by Jerry Guelig, second by John Abler, to re-bid Project #3, Wellings Beach Road, with a different scope of work and to award Project #1 and #2 to Northeast Asphalt ($182,216), and to award Project #4, #5, #6, #7, #8, and #9 to Fond du Lac County ($76,525). Motion carried (5-0).
#4 Consideration and possible approval of Liquor & Beer License applications, effective July 1, 1014 to June 30, 2015.
a. Sunset on the Water Grill & Bar, GAVA, LLC, Maria Katris, Agent. Premises located at N7364 Winnebago Drive (Class B Liquor & Beer).
b. Three Sheets, JM Eiring, LLC, Jason Eiring, Agent. Premises located at W4809 Golf Course Drive (Class B Liquor & Beer).
c. Steffes' Tavern & Restaurant, Allen W. Sabel, Applicant and Agent. Premises located at W3727 Cty WH (Class B Liquor & Beer).
d. The Welsch Restaurant & Ale House, The Welsch Restaurant & Ale House, LLC, Stacy Ann Carlson, Agent. Premises located at W3675 Cty. WH (Class B Liquor & Beer).
e. Silica Pub, Bruce Alan Connaher, Applicant and Agent. Premises located at N8545 Cty. QQ (Class B Liquor & Beer).
f. Peebles Grille, Troy William Pagel, Applicant and Agent. Premises located at N7640 Cty. WH (Class B Liquor & Beer).
g. East Shore Conservation Club, Chad Olig, Agent. Premises located at N7954 Tower Road (Class B Beer).
h. Lakeview Express, CnD Specialties, Inc., Christopher C Hermann, Agent. Premises located at N7593 Taycheedah Way (Class A Liquor & Beer).
i. Eden Grill, CnD Specialties, Inc., Christopher C Hermann, Agent. Premises located at N7591 Taycheedah Way (Class B Beer & Wine).
Motion by Clarence Kraus, second by John Abler, to approve all the licenses as noted above. Motion carried (5-0).
#5 Discuss the maintenance of the Deadwood Point drainage way. Tim Simon visited the site this morning. Tim reported that water was flowing thru the drainage way to the Lake.
John Abler researched historic aerial maps. John reported his belief that the drainage way was originally dug by Fett on the Fett property; however, over time the drainage way became clogged causing the water to erode around the clog onto the Town property.
Consensus of the Board was that the Town is not responsible.
#6 Consideration and possible amendments to Code of Ordinance, Title 12, Regulation of Parks and Navigable Waters, pertaining to the use of all parks and to include Gladstone Park and Hermanns Park. Proposed substantive amendments contained in the draft presented to the Board included the following:
Sec. 12-1-1(a), Purpose and Definition. Add Hermanns Park and Gladstone Park.
Sec. 12-1-1(b)(5), General Regulations. Add Camping/overnite use of the parks is prohibited without specific approval of the Town Board.
Sec. 12-1-1(c)(4) and (e)(4), Motor Vehicles, All-Terrain Vehicles and Snowmobiles. Clarify that the Town Board and the local snowmobile clubs will determine marked snowmobile trails and open areas.
Sec. 12-1-1(f), Hermanns Park and (g) Gladstone Park. Create these sections to replicate (c), Kiekhaefer Park, and (e), Scenic Overlook, as they refer to Hours, Firearms, Fireworks, and Parking. Note: The use of Motor Vehicles, All-Terrain Vehicles and Snowmobiles is prohibited in Hermanns Park and Gladstone Park and that Gladstone Park does not have a parking lot at this time.
The Board members debated establishing more restrictive hours for Gladstone Park. Motion by John Abler, second by Clarence Kraus, to establish the hours of Gladstone Park to be 7:00 a.m. to sunset. Motion failed (2-3). Nay-Jerry Guelig, Jim Rosenthal and Tim Simon.
Motion by Jim Rosenthal, second by Jerry Guelig, to accept the amended Title 12, Regulation of Parks and Navigable Waters, as presented. Motion carried (3-2). Nay-John Abler and Clarence Kraus.
#7 Consideration and possible amendment to Code of Ordinance, Title 6, Driveways and Culverts, to increase driveway width at the right-of-way line. The proposed amendment will increase the width of driveways at the right-of-way line from 24 feet to 32 feet. Motion by Jerry Guelig, second by Jim Rosenthal, to approve the amendment to Title 6, Chapter 4, as presented. Motion carried (5-0).
#8 Discuss amending Code of Ordinance, Title 13, Zoning Code, to reduce the minimum lot size in the Business District. Motion by Jerry Guelig, second by Clarence Kraus, to direct the Plan Commission to conduct a public hearing for the purpose of making a recommendation to the Town Board in reference to reducing the minimum lot size for Business with Public Sewer (B-1) from one acre to one-half acre. Motion carried (5-0).
#9 Discuss reducing the hall rent. A group renting the Town Hall for approximately one hour on Sundays for Bible study request a reduction in the $100 Hall Rental Fee. Motion by Jerry Guelig, second by Clarence Kraus, to retain the current rate. Motion carried (5-0).
#10 Certified Survey Maps. A Certified Survey Map was submitted on behalf of R.A.M. Investments, LLC, splitting Lot 11 into three parcels. Lot 1 consists of 0.571 acres; Lot 2 consists of 0.737 acres; and Lot 3 consists of 0.692 acres. The Board of Appeals conducted a Public Hearing on June 4, 2014, for the purpose of considering a variance to the one acre minimum lot size. The Board of Appeals granted the variance and authorized the Town Board to approve the Certified Survey Map as submitted. Motion by Jerry Guelig, second by John Abler, to approve the CSM as presented. Motion carried (5-0).
A Certified Survey Map was submitted on behalf of R.A.M. Investments, LLC, splitting Lot 3 into two parcels. Lot 1 consists of 1.00 acre; and Lot 2 consists of 1.00 acre. Motion by Jerry Guelig, second by Jim Rosenthal, to approve the CSM as presented. Motion carried (5-0).
#11 Schedule a special meeting. Topic: Liquor License Application. A Special Board Meeting was scheduled for Thursday, June 26th, at 12:00 p.m.

Ordinance Enforcement:
#1 Chickens in a residential district. Chickens have re-appeared on a property in St. Peter. It was reported that there are approximately one dozen chickens and at least one of them is a rooster. Chairman Guelig will contact the property owner.
#2 Nuisance debris accumulated on a Cty. WH property. It was reported that the piles of debris are getting bigger. The piles appear to contain brush, household garbage and building materials. It was also reported that skunks have been spotted in the area. Chairman Guelig will schedule a clean-up visit with Road Maintenance Supervisor Mike Sabel.

Public Comments and Questions Pertaining to Town Business:
The Board heard a comment regarding a tree down in the ditch along Silica Road near the Kiekhaefer Park parking lot.

Adjournment:
Motion by Jerry Guelig, second by Jim Rosenthal, to adjourn the meeting at 9:15 p.m. Motion carried (5-0).



Attest. _________________________________________
Brenda A. Schneider, Clerk




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