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TOWN OF FOND DU LAC FOND DU LAC COUNTY MONTHLY MEETING APRIL 12. 2010 7:00 PM The Monthly Meeting was called to order by Chairman Harold Manske. Present were Chairman Manske, Supervisors Phyllis Giese and LeRoy Schmitz, Clerk Patti Supple, Treasurer Jody Roffers, Attorney John St. Peter and various Town residents. Confirmation was made of open meeting notice. Minutes from the previous meeting were approved as presented. Gary Blazer requested that the Board review the definition of multi-family housing as part of the Comprehensive Plan and Town ordinances. Chairman Manske said the matter would be referred to the Planning Committee for review and recommendations. In addition, Fire Chief Craig Sanborn would like to see included no grills allowed on 2nd floor apartment decks. Dick Taddey mentioned that the ditch on Esterbrook Road by Dixon Road has lots of standing water. Chairman Manske stated the County will be reviewing the drainage in this area. Ryan Waldschmidt noted that he was present to again express his concerns over the apartment complex proposed on the Ford property. He noted that first proposal for apartments on the Van Horn property was denied due to water issues and traffic issues. While the water issue has been addressed, the traffic issue has not. He added the Town ordinances have no guidelines for apartments. In addition, Section 14 addresses the suitability of location and the health, safety and welfare of residents. He went on to explain that in a conversation with a representative of the Multi-family housing in the City of Fond du Lac, he learned that there is a 10 to 20% vacancy rate. In addition, he is concerned over the potential for increased crime in the area of the apartments. In order to rent out apartments, he is concerned that the criteria for judging renters will be lowered. Mr. Waldschmidt requested that the Board carefully weigh the issues for allowing the apartments. John Cux, noted that while you can’t stop progress, the Town is not prepared for this large a development. He added that he feels that until the Town can address the traffic issue this project is premature. He went on to add that he has had numerous dealings with the DOT and feels that the Town should address the traffic issue by building their own road. Harold Schmitz added that multi-family development was proposed for south of Forest Avenue Road, not this area. He added that the infrastructure should be in place before the apartments are allowed. Regan Arndt added that the well being permitted to maintain the pond levels should be disallowed. He added that residents want a rural setting. Chairman Manske noted that development is always and issue, but the Town needs to grow. Sara Waldschmidt added that the homeowners have a vested interest in the maintenance of their properties that renters do not have. Fire Chief Sanborn asked if the land owner requested annexation to the City, could it be annexed. Chairman Manske noted that this is a Town growth area, and according to the agreement with the City, they cannot annex. However, this agreement has never been challenged, and it is unknown if the owners request annexation what the judgment would be. He added that if all property owners request annexation of the property, the Town cannot challenge the annexation if it is in the City growth area. Dick Taddey asked about the need for an occupancy permit. Chairman Manske stated that the Town must keep track of new businesses in order to be certain that the business does not violate Town ordinances. Mr. Taddey also wanted to know why he is not permitted to place a business sign on neighboring property. He was advised to review the matter with the permit issuer. Attorney St. Peter added that he may also go to the Board of Appeals for a variance or review of the matter if the matter can’t be resolved through the permit procedures. Marcy Eckert noted that the water line installation has caused a drainage problem. Chairman Manske stated this matter will be corrected during the final cleanup of the area. Charles Crites asked whether Esterbrook Road will be blacktopped. Chairman Manske stated the shouldering will be done to widen the road, and then hopefully next year the blacktopping will be done. A resident asked about bulky waste pickup. This is an expensive undertaking that the Town does not intend to do at this time. An update on the water utility project included the tank being erected on site, and the painting being completed in the next several months. The project is projected to be operational by the beginning of July, 2010. The paperwork for Blue Heron Ponds apartment complex was presented. The CSM has been updated with two minor changes yet to add. The Clerk read the minutes from the Planning Meeting which recommended approval with several contingencies. These contingencies included adding the engineering recommendations, the Attorney recommendations, and finalizing the development agreement and the stormwater management agreement. The issue of a well to maintain water levels in the ponds and for outdoor yard maintenance was again discussed. The main requirement for the well is that it be used only for maintance of the yard and water levels, but not be used for the initial filling of the ponds or pool. Mr. Wright has seen the final copy of the stormwater drainage and is satisfied with the plans. The calculations for permits, impact fees and other charges have been discussed and at this time there is no issue with costs. The fire sprinkler water line issue has also been addressed. The bond requirement for 125% of the public utilities has not been resolved. At issue is where the Town portion begins and ends, and where the private portion begins and ends. Discussion ensued, and it was determined that a letter of credit would be issued by Boysa, LLC for the metering manholes, road finishing, and road right of way. This project will be done in 3 phases over a period of approximately 6 years. The initial phase will be 3 apartment complexes with garages and the clubhouse, pool, ponds, complete road (with only the part in phase one being blacktopped) and the stormwater ponds. Sewer and water will be installed with the stubs for future growth added. The letter of credit will state that it is unconditional, with a long time frame payable to the Town after a signed letter is sent by the Town Clerk requesting the disbursement if the work is not completed. The Fire Department is satisfied with the plans with the requested turn arounds added during each phase. Chairman Manske addressed the information about the crime rate in the Watertown apartments owned by the Boysa’s. No information was provided on other units owned by Boysa’s. Since the calls were an issue, Chairman Manske asked for a review of the screening process for renters. Mr. Boysa stated they screen all applications for financial reports, felony charges and sexual predator violations. There will be three fulltime employees on site-a fulltime manager, with maintenance and cleaning people. Average cost will be for a single bedroom unit $650.00 and for two bedroom $750.00. This will include heat, and all appliances. Units will have a fireplace. The development agreement includes a non-annexation stipulation. Supervisor Giese noted she had toured the Boysa apartment complexes in Watertown, Beaver Dam and Occonomowoc. All were well maintained and attractive. She also talked with a long time resident at Watertown who stated she liked living there. Supervisor Schmitz added that farmers use there land as an investment and a retirement plan. Chairman Manske reviewed a letter from the Mayor of Watertown who stated that any initial concerns over the project were unfounded. The Boysa’s are easy to work with and the project has been an asset to the City. Therefore, motion was made by Manske and seconded by Schmitz to approve the CSM conditional on resolving the engineering issues, calculation of fees, and amending the development agreement. Motion carried 3 aye. The Resolution supporting the City of Fond du Lac in opposition to the proposed revisions of NR 217 affecting the sewer plant effluent standards and limitations for phosphorous removal was presented. After discussion, motion was made and seconded to approve the Resolution. Motion carried. The topic for stormwater review was fertilization and the affect of phosphorous. This pamphlet and others are available on the rack in the back of the hall. Upcoming meetings include the Airport meeting. No Board of Appeals meetings are planned. The Planning Committee will meet to review the cellular tower on Reinhardt Road, burning ordinance, lock box ordinance for fire department and the multi-family housing description. No annexations or CSM. Road projects will include Garden Drive, blacktopping Brown Road, striping and chip sealing and the shouldering of Esterbrook Road. Wildwood will also be reviewed by the County if money permits. Motion was made and seconded to approve the operators license for Karen Muesh at Aldi’s. Motion carried. There will be a SD #3 and #6 meeting on April 20, 2010. New members of the Board and Fire Department need to take the NIMs compliance test. Insurance has been added to the new truck. Next week is Tornado awareness week. Supervisor Giese reported lost of mud on Forest Avenue Road. FINANCIAL REPORT: MARCH 2010 General Account received: $538,228.11 Orders: 490,062.79 Balance: 83,219.83 CD: $445,000.00 Road, Bridge, Culvert & Eq.: $393,542.25 Park: $6668.62 CD: $15,084.41 Recycling: $1.00 Motion was made and seconded to approve the Financial Report. Motion carried. PAYMENT OF BILLS Bills: $90,191.35 Wages: $10,384.44 Motion was made and seconded to approve the Payment of Bills. Motion carried. Motion was made and seconded to adjourn. Motion carried. Submitted by Patti Supple, Town Clerk.