10-18-16 Town Board meeting1
MINUTES OF THE MEETING OF THE
TOWN OF SHEBOYGAN TOWN BOARD
TUESDAY, October 18, 2016 @ 5:15 pm
A Town of Sheboygan Town Board meeting was held on Tuesday, October 18, 2016 in open session at the Town of Sheboygan Town Hall, 1512 No. 40th Street, Sheboygan, Wisconsin 53081, Sheboygan County, Wisconsin.
The meeting was called to order by Town Chairman Daniel W. Hein. The following were also present at the meeting: Supervisors Char Gumm, James Schwinn, John Wagner,Dan Olson, Attorney Michael Bauer, Public Works Director William Blashka and Clerk Cathy Conrad.
Notice of the meeting was given to the public at least 24 hours prior to the meeting by forwarding the complete agenda to the official Town newspaper, The Sheboygan Press, and to all news media who have requested the same, as well as posting in three (3) different places.
Upon motions duly made and seconded, the Town of Sheboygan Town Board unanimously adopted the attached resolutions unless noted otherwise and made a part of these minutes by reference.
There being no further business the meeting was adjourned.
TOWN OF SHEBOYGAN TOWN BOARD
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DANIEL W. HEIN, CHAIRMAN
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CHAR GUMM, SUPERVISOR
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JAMES SCHWINN, SUPERVISOR
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JOHN WAGNER, SUPERVISOR
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DANIEL OLSON, SUPERVISOR
UPON MOTIONS DULY MADE AND SECONDED, THE FOLLOWING RESOLUTIONS WERE ADOPTED UNANIMOUSLY BY THE TOWN OF SHEBOYGAN TOWN BOARD IN OPEN SESSION
1) Chairman Hein called the meeting to order and introductions of Board and Staff were made.
2) Pledge of Allegiance-The Chairman led those present in the Pledge of Allegiance.
3) Agenda-Motion Gumm, second Schwinn to approve the agenda for October 18, 2016 aspresented. Motion carried.
4) Approval of Minutes of September 20, 2016-Motion Wagner, second Gumm to approve theminutes of September 20, 2016 as presented. Motion carried.
5) Conditional Use Permit for John J Schmitz-Custom Built for 3692 Progress Drive-Atty. Bauer read the Plan Commission recommendationsof the Conditional Use Permit with several conditions.
Doug Schwalbe of Keller and John Schmitz presented a plan showing both parcels merged into one parcel and the addition to the 6,000 sq, ft, building, with the proposed building being constructed in 2017-2018 and an immediate addition to create a drive to bring access off the road with customer and employee parking and an access point that would not interfere with the future proposed additions. It was hard for dumpsters to be located in the back/rear of the property but they will move them to the north side of the building with fencing and landscaping and an exterior loading dock near that area. The elevations of the building are hard to accommodate the dumpster location in the other area and this tied everything together. A short retaining wall to the dock area is also proposed. Open employee parking and cargo type trailers and construction trailers would be parked on the south end. The dumpster would be screened on the north side and can be accessed by a truck. Motion Schwinn, second Wagner to approve the ConditionalUse Permit for John Schmitz of Custom Built for 3692 Progress Drive with the following five (5)conditions, as recommended by the Plan Commission:
a)The dumpster is to be located toward the rear/northside of the property and screened fromview (an exception to the recommendation of the Plan Commission which was therear/southside of the building);
b)The temporary gravel driveway and parking lot area will be paved by 9-30-2018;
c)The petitioner must come to the Town Board for “plan” review for the dock area;
d)The petitioner must come to the Town Board for “plan” review for a possible loading dockand access on the north side of the building for loading and unloading;
e)The outside and overnight parking of up to 8 company vehicles and trailers is permitted.
Motion carried.
6) Conditional Use Permit for Kohler Credit Union for 4110 State Hwy 42-Atty. Bauer stated the Plan Commission recommendation and conditions of the Conditional Use Permit. Motion Gumm, secondOlson to approve the Conditional Use Permit for Kohler Credit Union at4110 State Highway 42, asrecommended by the Plan Commission and being in compliance with the items noted in theCommercial Building Inspectors report. Motion carried.
7) Michael Thun from Advance Disposal regarding change of collection day-Michael Thun provided maps that showed current pick-ups and proposed pick-ups. They want to implement the proposal the week of January 2 and will pick-up bags that week. Two mailings will be sent out, early December and then between Christmas and New Year’s. Motion Gumm, second Wagner to change the pick-up dayfor the entire Town of Sheboygan to Thursdays. Motion carried.
8) Windmor Subdivision master site grading plan-Blashka stated that there was a request to change the master site grading plan elevations and the approval would have to come from the Town Board and the Town Engineer can also address any concerns. Oyvind Solvang of Hillcrest Builders and Jeff Hayes of National Exchange Bank were present and they explained that when the bank took it over there were some parts of the original approved master site grading plan that were left uncompleted. The Bank contracted with someone to come in and finish complying with the master site grading plan. Solvangexplained that part of the drainage plan required a swale/retention pond and the approved drainage plan had the excess overflow heading straight west though the swale that went north/south. When the swale got put in the neighbors on the cul de sac were concerned that it was a partial detention pond and the bank resolved with a pipe at the bottom so it would drain out and would avoid any concern from the golf course and others. On behalf of the bank Solvang engaged Davel Engineering to present a plan that would help the issue and the pipe at the bottom of the swale would be emptied more completely. Tom Holtan stated that a 10 year storm would be routed to the river, and the 100 year storm would go to the golf course and he asked if Town and Country Golf Course had concerns about one of the greens that got flooded and he asked if Town and Country Golf Course is okay with this plan. The 10 year plan would take water away, however with a 100 year storm it would create more. With this pipe placement if Town & Country Golf Course is okay with this 295’ of 18” pipe then Tom Holton would be okay with it. It will retain water in the basin for 24 hours and would then drain. A 100 year storm is not going to be retained in this area due to the amount of water. This was an approved stormwater plan originally and this will help with the situation at the golf course. This will also help homeowners with water flow in the ditch.
The dirt piles in the subdivision are also of concern and the concern is with 4 property owners. Rindt and others have concerns with water coming to the back of their house. Rindt suggested they could create a deeper swale to the north, farther away from the homes or to have a return berm to divert the water south between the homes. The Rindt trees would be removed and replaced. The driveway culvert would also have to be replaced and resized. Rindt would prefer the north ditch as a solution. The one berm would remain as it provides a privacy screen for the lots. Solvang talked to Rindt about a week ago. Tom Holtan stated that if the swale was sized appropriately and the culvert is sized correctly this could work. Neighbors do like the berm in the rear as it provides screening. Blashka asked about who is responsible to maintain the berm on the outlot and who would be the contact. Currently the bank is the responsible party. Blashka stated that the Town would like a contact person to handle any complaints about the weeds. Solvang stated they are spraying and mowing the lots.
Bauer asked when the Rindt lot resolution could happen. Solvang stated within 2 weeks and it would be constructed this year yet. This is a change to the master site grading plan conditioned upon Town Engineer approval. Motion Schwinn, second Gumm to approve a change to the master site gradingplan to address the Rindt lot grading concerns with one of the options being subject to TownEngineer approval before the end of calendar year 2016. Motion carried.
Motion Wagner, second Schwinn to amend the master site grading plan to install 295’ of 18” pipewith Town and Country Golf Course approval and the Town Engineer approval. Ayes-Hein,Schwinn, Wagner, Gumm. Nays-Olson. Motion carried.
Olson stated that he would like to get property owners involved in using the rain barrels. Solvang explains the process to the potential buyers of rain barrels and rain gardens and it is in the covenants also, which they all get a copy of. In general many have rain gardens. Bauer stated that Town is aware of 2 complaints-Town & Country Golf Course and Rindt. The entire subdivision drains and flows really well and there are no hold up areas once these are corrected. The bank has 18-19 lots in its possession at this time. Hein stated that he doesn’t believe all the residents and buyers of the lots are aware of the narrower roads, that no parking is allowed and that rain gardens and rain barrels are required. Buyers need to be informed more formally when they purchase a lot so they are aware of what is going on. Bauer asked if the subdivision could be looked at to see if retention ponds would be more beneficial than the rain barrels and rain gardens. Tom Holtan stated that it would be quite an extensive project. Solvang stated that the subdivision is working as far as drainage. Blashka stated that no one has applied for any permits to run their downspouts and sump pumps to the ditches and this is going to cause problems with wet ditches. Hein stated that he understands the bank and Solvang did not design the development and inherited it; however the owners need to be informed of the requirements.
9) Second Amendment to Vacant Land Offer to Purchase (Outlot 5-Sheboygan Vacant Land)-Outlot 5 was proposed to close at the end of October and the developer asked for a 30 day extension to close until November 30 due to wetland delineation. Motion Schwinn, second Gumm to approve theclosing extension on Outlot 5, Green Meadows Subdivision until November 30, 2016. Motioncarried.
10) Complaint re: 3716 No. 45th St. drainage-Supervisors received a call about the drainage and Blashka went out and this was a waterway through the properties. The certified survey map shows an unobstructed drainage way and this was dealt with in 2014 and there was a motion by the Town Board was to not pursue any other drainage options. Upon review the house is not in jeopardy and the shed does not appear to be on a slab. Motion Schwinn, second Wagner to table the complaint at 3716 No.45th Street. Motioncarried.
11) Rangeline Road, Playbird Road & Woodland Road projects-Blashka stated that these roads would be looked at for redoing next year. Holtan is working on road elevations and layout along with the location and whether or not the Town needs to acquire more right-of-way.
12) Room Tax Changes-Nothing new at this point. This item will be put on the next agenda.
13) Update on Retail Coach development plan-Bauer stated he talked to Hutton and they are in the process of putting properties under contract and about leasing the properties.
14) Sheboygan County Intergovernmental Agreement-The agreement will be coming soon and will be placed on the next agenda.
15) County changes to tax collection & fees involved-There are no changes proposed in 2016.
16) County proposal regarding Election Equipment purchases in 2017-There are no changes this year.
17) Ordinance Enforcement Officer Reports & Ordinance Update regarding authority & citations-
Constable Heronymus stated he has been working on the issue of the barn that went down on CTH Y.
CTH J traffic issues near Lincoln-Erdman were addressed and there is a speed board installed. There is a piece of equipment that hangs on a board that can register speed, time of day, etc. Mill Road was the same situation. CTH J traffic passing busses is an issue and the bus drivers are responsible for reporting these issues. Cram will look into putting up the monitoring board. Cram stated that there is a sex offender living in the Hardee’s parking lot in a trailer. Also discussed was the bagging of signs on Mueller Road and on Superior Avenue.
18) Special Law Enforcement Services with Sheboygan County-Schwinn stated that he obtained a copy of the Kohler Police Department Budget and the Sheriff’s Department Contract for Random Lake and he talked to Mark Heronymus regarding possibly hanging it up. Robinson has not been logging any hours. Schwinn compared costs and hours and asked if we should consider reducing the budget hours or possibly contracting with the Sheriff’s Department for more hours. Cram spoke that the Town has been there before and he recommended that the Town pay $17 per hour and get some part time officers to fill the complaints that are being received. Citations are not being written like they have been in the past. Cram stated that if we have a part time person who can stop someone in the Town it can do more good for the township. The County covers the Town pretty well. The quality of life issues is what Mark Heronymus is handling very well. Cory Roessler is the Police Chief for Village of Cascade, Village of Adell and Town of Lyndon and it works well. The quality of life issues are what Cram mentioned and how speeders are warned several times without citations. Hein recommended a separate meeting with Cory Roessler to discuss this further. This would be a meeting with law enforcement issues only. Cram will contact Roessler to set up a meeting.
19) Bay Lakes Project Inventory-The Town will contact Bay-Lakes regarding this form. This can be put on the meeting agenda next week if necessary.
20) Operators Licenses-Motion Schwinn, second Wagner to approve the operators licenses forKailey E. Davis, 2240 No. 27th Place, Sheboygan; Elizabeth L. Osbahr (Ragan), 2726 No. 13thStreet, Sheboygan and Brady T. Hanson, 2739 So 20th Street, Sheboygan for Pine Hills CountryClub. Motion carried.
21) 2017 Draft Budget-Motion to make change showing shared revenue sale tax revenue in the budget to offset any deficit.
Motion Gumm, second Olson to stick with Rural Mutual for all business owners, liability andworkers comp insurance. Motion carried.
Motion Schwinn, second Gumm to post the draft budget adding the shared tax revenue. Motioncarried.
22) Acknowledgement of County Work on Town Roads-Supervisor Schwinn stated that he was very impressed with the work on Enterprise Drive and he feels the Town should send the County a letter thanking them for the quality of work they did. Motion Schwinn, second Wagner to send letter toCounty Highway Department thanking them for the quality of work they have done in the Town.Motion carried.
23) Rural Insurance Loss Prevention Recommendations-Insurance representatives, found upon inspection that there were three violations found at the Firehouse and they should be corrected. Benzschawel will take care of the items and get back to the insurance.
24) State of WI DOT 2017 Preliminary Transportation Aids-There was a very minor increase in State Transportation Aids.
25) Reports-Motion Wagner, second Gumm to accept the reports. Motion carried.
Gumm reported that the Parks Committee will meet less next year due to budget constraints.
Blashka reported that the Lion’s Club will be donating $5,000 for the bridge in Rudy Mahler Park.
Closed Session
Motion Wagner, second Schwinn to convene in closed session pursuant to Wis. Stat. Sec.19.85(1)(g) for the purpose of conferring with legal counsel for the governmental body who isrendering oral or written advice concerning strategy to be adopted by the body with respect tolitigation in which it is or is likely to become involved pertaining to Craig C Bartus.” Roll call vote-All Ayes. Motion carried.
Open Session
Motion Gumm, second Schwinn to reconvene in open session. Roll call vote-All Ayes. Motioncarried.
26) Ordinance Enforcement Action Against Craig C. Bartus (Sexual Offender Residency Violation)-No action was taken.
27) Correspondence-None.
28) Adjourn-Motion Wagner, second Olson to adjourn the meeting at 7:10 pm. Motion carried.
Cathy Conrad, Town Clerk