Meeting Minutes:

Present

Schoenbauer Farms/AA Endeavors

Clerk Items

Deputy Clerk Items

Other/New/Old Items

Road Overseer Items

Motion to Adjourn

Chairperson Duane Deutsch, Supervisor John Wermerskirchen, Supervisor Edward Nytes, Clerk Heather Taylor DuCharme, Deputy Clerk DeAnn Croatt, Road Overseer Jeff Haag, Kimberly Carlberg, Township Attorney Robert Ruppe (left at 7 p.m.), Township Engineer Andrew Vistad (left at 7 p.m.), Randy Kubes (left after discussion of Schoenbauer Farms/AA Endeavors development), Chris Kubes (left after discussion of Schoenbauer Farms/AA Endeavors development), Robb Schoenbauer (left after discussion of Schoenbauer Farms/AA Endeavors development), Bill Nytes (left 6:45 p.m.), and Bob Nytes (left 6:45 p.m.) were present. Not present was Treasurer Nathan Hutton.

Discussion and review of Schoenbauer Farms/AA Endeavors devilment.

1.       Introductions of everyone present.

2.       255^th Street Lots.

a.       Vistad presented developer agreement requirements for tile lines, reviewed maps, and provided options for compliance.

b.       Ruppe reviewed possible legal implications of compliance/noncompliance with developer agreement for lots currently and in the future regarding compliance options discussed.

c.       Schoenbauer stated agreement to add tile line going north/south along the east side of Lot 7 either in the easement on that lot line or by gaining agreement from neighboring lot/farm owner (T.W.) and connect that north/south line to the farthest south east/west drain tile easement not marked to be broken/interrupted on Lot 7.

d.       Discussion of where to break, interrupt, cap tile lines as required in the developer agreement/plat/approved plans. Vistad recommended breaking/interrupting in as frequent intervals as possible but at least at each lot line and not capping at Raven Stream. Schoenbauer stated that the approved plans provide for capping on the west end at Raven Stream but do not require frequent of breaks/interruptions.

e.       Schoenbauer agreed to an amendment to developer agreement to not cap the west end of the drain tile at Raven Stream but to instead cap/interrupt the drain tile on the east side of Lot 7 and to add tile line going north/south along the east side of Lot 7 either in the easement on that lot line or by gaining agreement from neighboring lot/farm owner (T.W.) and connect that north/south line to the farthest south east/west drain tile easement not marked to be broken/interrupted on Lot 7. On motion by Wermerskirchen/Nytes, the Township agrees to execute an amendment to the developer agreement as drafted and approved by Ruppe amending the terms as agreed to by Schoenbauer as long as Scott County also agrees; carried unanimously.

f.        Discussion of large escrow balance was that neither Vistad nor Ruppe will recommend reducing or releasing any portion of the large escrow until after execution and recording of the amendment to the developer agreement and completion of installation of the new drain tile and breaking/capping/interrupting of the existing drain tile as provided in the developer agreement.

3.       Delmar Lots.

a.       Vistad discussed the requirements in the developer agreement to break all mapped tile lines in the lots on Delmar.

b.       Kubes requested to keep the tile line until and unless buyers for any of the lots wanted them broken/interrupted. Kubes pointed out that the existing tiling predates 1986 wetland laws.

c.       Schoenbauer requested waiting to break/interrupt any tile lines on each lot until building begins on each lot so that farming can continue on the lots. Different options for trying to track when lots are sold in order to allow farming until sale/build were discussed, including requiring proof that tile lines were broken/interrupted prior to the County issuing any certificate of occupancy for lots through 2028 when all tile lines would need to be broken regardless of sale or building status. Wermerskirchen put forward a motion regarding the certificate of occupancy/2028 option but withdrew his motion as continued discussions ultimately rejected that option and others based on complexity, cost, and feasibility.

d.       Vistad stated that the executed and recorded developer agreement requires the tile lines be broken/interrupted, which Schoenbauer agreed to when it was signed, and so all lines must be broken/interrupted for compliance with the developer agreement. Vistad pointed out that even with the tile lines broken/interrupted that farming may still be a possibility.

e.       Discussion of large escrow balance was that neither Vistad nor Ruppe will recommend reducing or releasing any portion of the large escrow until all breaking/capping/interrupting of the existing drain tile is completed as provided in the developer agreement.

f.        Schoenbauer agreed to break/interrupt tile lines before the end of 2024 if possible. Schoenbauer will contact Vistad to schedule inspection of the same. After Vistad has inspected and confirmed tile lines are broken/interrupted as required in the developer agreement, he will advise Ruppe and the Town Board of the same as well as any recommendation to reduce balance of the large escrow by 90%, leaving 10% ($5,000) in that escrow account.

4.       Vistad stated that he will not recommend releasing the remaining 10% ($5,000) in held in escrow pursuant to the developer agreement until after 24 months from the completion of the storm water pond has passed.

5.       Bill Nytes asked about the impact of the requirement to break/interrupt tile lines in Lot 12 of the Delmar lots on the drain tile draining the Nytes farm. Vistad stated that the requirements of the developer agreement only apply to the drain tile shown on the maps provided by Schoenbauer Farms engineer Bolten Menk. Pursuant to information provided on the map by Bolten Menk, Schoenbauer Farms, and Kubes, the drain tile Nytes was referencing is supposed to be outside of the lot line for Lot 12. In addition, there is a 30’ utility easement over that area. Vistad stated that any issues relating to the tile line described by Nytes are something that Nytes and Schoenbauer Farms/Kubes need to address between themselves as private parties and not a Township issue.

6.       Clerk advised the Board that Schoenbauer Farms paid the additional escrow of $2,500 for the small escrow account when they arrived at the meeting.

Clerk presented the following items.

1.       Deutsch stated he would have to miss the County Commissioner’s quarterly township chair meeting due to this meeting running late. Clerk advised the Board that an email was received that morning stating the meeting was cancelled and that she had forwarded it to all members of the Town Board the same morning as it was received.

2.       Clerk provided copies of the Town’s current schedule of charges to the Board members as requested at the previous meeting as well as a copy of the Scott County Townships’ information compiled by Cedar Lake Township.

3.       Update provided on the Scott County recount scheduled for 11/21/2024. Five Helena Township election judges planned to participate and assist Scott County with the recount. Scott County asked if the Township could pay the election judges (at the Scott County rate of $15/hour) and then Scott County could reimburse the Township to save Scott County on employee onboarding time and expense. On motion by Deutsch/Wermerskirchen, the Township will pay the five Helena Township election judges and invoice Scott County for reimbursement; carried unanimously.

4.       Clerk asked the Supervisors how they wanted to address the overpayment by a resident of fire service fee. Resident was advised by Ruppe through a letter that the fire service fee was $500 when it was actually $250. The amount resolution regarding the fire service fee plus costs (total $382.50) was approved at the 10/3/2024 regular monthly meeting and the $500 payment from the resident was received that same day by mail pick up after the meeting. On motion by Wermerskirchen/Nytes, the Township will refund the resident the $250 overpayment; carried unanimously.

Deputy Clerk presented the following items.

1.       255^th/Willow Court Project (2025).

a.       Deputy Clerk asked Ruppe and Vistad if there is anything the Township needs to do between now and the public hearing for the 2025 255^th/Willow Court project. Ruppe and Vistad discussed that they were working on the mailing list and Ruppe would have the notices mailed by the end of the week. Ruppe is mailing the notices pursuant to the request by the Clerk.

b.       Clerk advised she has already posted the notice and sent it to the New Prague Times for publication.

c.       Deputy Clerk requested Vistad provide the Township with the proposed presentation/PPT slides prior to the hearing for review. Vistad agreed to do so.

d.       There was a question for clarification regarding what should occur at the public hearing. Ruppe stated that the Board can choose to approve or not approve the feasibility study at the hearing depending on whether there are objections from any effected property owners and other factors. Vistad stated that if there are no property owner objections and the Board wants to move forward at that meeting that Vistad would ask for a motion to order a survey.

e.       Road Overseer mentioned that if/when this project happens that there is a 100’ section of Raven Stream and a culvert that need repair. There was discussion about how the 100’ section of Raven Stream wasn’t rebuilt when the rest of Raven Stream was because it was in such good condition already. Vistad was disappointed about the rapid deterioration since then of this section and it is unclear what the cause is. R/O asked whether the Township could save money by adding those smaller projects as part of the bidding process for this project. Vistad stated he could separate out the cost but let vendors know that they could bid on all projects at the same time as a set. This would not increase any possible assessment for the 255^th/Willow Court project, which would remain separately calculated as only part of the cost of that specific project.

f.        There was discussion of possibly assessing Scott County for part of the project since the park abuts 255^th. The Supervisors advised Vistad to not include Scott County on the assessment calculation because Scott County paid for the overlay on Juniper and did not assess or ask for reimbursement from the Township and because the park has no parking or other dedicated access along 255^th.

g.       Vistad stated he will send an updated feasibility study as well as his presentation materials to the Township prior to the public hearing.

h.       Property sale on WCLD provided payoff of $4,200 assessment for that property.

2.       Update on health condition of election judge/former treasurer.

1.       Discussion of the MAT annual conference scheduled for the second weekend in December.

2.       Discussion of additional DRT meetings and communication with Scott County for future proposed developments, particularly given the issues with Schoenbauer Farms/AA Endeavors.

3.       Discussion with Kimberly Carlberg about becoming deputy clerk when current Deputy Clerk moves to Supervisor 3 position in January.

Road Overseer presented the following items.

1.       265^th/Columbus Culvert Update. A culvert on the curve of 265^th and Columbus required emergency repair due to damage/hole/collapse. The repairs were needed before the workshop due to safety concerns. R/O requested Clerk draft letters to property owners that R/O then delivered due to the short notice. The repair work caused three residences to be unable to use the road for several hours Monday morning. The cost should be $2,500 for the culvert and $500 for tree/ditch clearing in the immediate area. R/O reviewed the completed work and noted that because of the heavy rain after the repair work some additional gravel/grading may be required. Art Johnson Trucking, Inc. completed the work and will do any additional gravel/grading required.

2.       R/O stated that Doug Johnson had been out grading road Tuesday and Wednesday before the workshop.

3.       Another residence on Silver Maple Drive had septic issues. First, a grinder pump needed to be replaced. Then, part of a yard needed to be dug out to replace a pipe that had a hole in a 90 degree angle joint. The hole had caused sewage to seep and pool up into the yard and a neighboring yard. This is a CLAWSSD issue but R/O wanted the Board to be aware. The excavator hired by CLAWSSD damaged fairly significantly because they didn’t place any plywood or matting on the yard before driving equipment on the property. They also dropped a excavator bucket on the yard and caused additional damager.

At 7:10 p.m. on motion by Wermerskirchen/Nytes, special meeting adjourned; carried unanimously.