REGULAR TOWN BOARD MEETING, April 19, 2023
The regular meeting of the Town Board of the Town of St. Croix Falls was called to order by Chairman Mike Dorsey at 6:00 p.m. on Wednesday, April 19, 2023, at the Town Hall.  Proper notice was given as the agenda was posted at the town hall and on the town’s website April 13, 2023.  The Pledge of Allegiance was said.  Present by roll call were Chairman Mike Dorsey, supervisors Katie Appel, Will Bergmann, Jeremy Hall.  Also present were town clerk Janet Krueger, public works employee Steve Jacobs and legal counsel Adam Jarchow.  Others in attendance were Deb Micek and Mike Bartz.  Supervisor Sharon Kelly was absent.  Appel/Bergmann moved to approve the agenda; motion carried. Bergmann/Appel moved to approve the minutes as printed for the March 27, 2023, town board meeting; motion carried.

There was no public comment.

Committee, Commission and Employee Reports: The treasurer’s report was reviewed.  Receipts for the period ending March 31, 2023, amounted to $280.01, cash balance on March 31, 2023, was $371,652.47. The highway report was reviewed.  Ms. Krueger presented the clerks report.  Hall/Bergmann moved to approve payment of vouchers #23-085 through #23-105 amounting to $25,570.85; motion carried on a unanimous roll-call vote, 4-0.  The 2023 year to date budget summaries were reviewed.  The planning commission minutes and zoning permit logs were reviewed.  There were no supervisor or chairman reports

New Business:  Ordinance 23-01 amending Zoning Ordinance No. 1 was presented and the second reading was had.  Hall/Appel moved to approve Resolution 23-07 adopting Ordinance 23-01 amending the Zoning Ordinance No. 1; motion carried on a roll-call vote, 4-0.

Resolution 23-07

A RESOLUTION ADOPTING ORDIANCE 23-01

AMENDING ZONING ORDINANCE No. 1

WHEREAS the Town Board of the Town of St. Croix Falls has village powers under Section 60.10(2)(c), Stats., that grants police powers as set forth in Section 61.34(1), Stats., to act for the good order of the Town, for its commercial benefit and for the health, safety, and welfare of the public; and

WHEREAS the Town of St. Croix Falls adopted Zoning Ordinance No. 1 on August 5, 1965, amended in its entirely on May 12, 1994 and subsequent amendments including the amendments on March 20, 2001; January 16, 2008; February 18, 2009; May 20, 2009; October 21, 2009; March 17, 2010; April 21, 2010; August 18, 2010; March 16, 2011; April 20, 2011; October 19, 2011; November 16, 2011; August 21, 2013; March 18, 2015; March 15, 2017; June 20, 2018; October 17, 2018; January 16, 2019; March 20, 2019; October 16, 2019; December 16, 2020; July 21, 2021; March 16, 2022; November 16, 2022; and

WHEREAS the Town Board of the Town of St. Croix Falls deems it advisable and necessary to amend Zoning Ordinance No. 1, Chapter I – Administration and Enforcement, Section I – Special Exceptions, 3 General Procedure, e. to allow either the plan commission or town board to hold the public hearing for special exceptions being considered for termination; Chapter II, Lot Width definition; and Chapter III – General Zoning, Section C – Districts, adding major home occupations as a special exception use in the Residential and Agricultural districts and motor vehicle dealership as a special exception use in the Commercial district; and

WHEREAS the Plan Commission of the Town of St. Croix Falls held a public hearing on the proposed amendments on April 12, 2023, the first reading of the proposed amendments was held on March 27, 2023, and a second reading was held on April 19, 2023.

THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, does approve Ordinance 23-01 amending Zoning Ordinance No. 1, Chapter I – Administration and Enforcement, Section I – Special Exceptions, 3 General Procedure, e. to allow either the plan commission or town board to hold the public hearing for special exceptions being considered for termination; Chapter II, Lot Width definition; and Chapter III – General Zoning, Section C – Districts, adding major home occupations as a special exception use in the Residential and Agricultural districts and motor vehicle dealership as a special exception use in the Commercial district; and

BE IT FURTHER RESOLVED that the Town Board of the Town of St. Croix Falls hereby petitions the Polk County Board of Supervisors to concur and ratify the amendments; and

BE IT FURTHER RESOLVED that Ordinance 23-01 become effective upon passage and publication and/or posting according to Wisconsin State Statute and approval of Polk County Board of Supervisors.

Ordinance 23-01

AMENDING ZONING ORDINANCE No. 1 ENTILTED “TOWN ZONING ORDINANCE”

Section 1:  Purpose

The purpose of this ordinance to amend:

Chapter I – Administration and Enforcement, Section I – Special Exceptions, 3 – General Procedure, e – Termination, as follows:

Where a special exception does not continue in conformity with the conditions of the original approval, the special exception shall be terminated by action of the Town Board after receiving a recommendation from the Plan Commission.   preceded by a public hearing and notice to affected parties.  Prior to termination, notice to affected parties shall be given and a public hearing held by either the Plan Commission or Town Board.

Chapter II – Definitions, Lot Width as follows:

For the purpose of this ordinance, the width of a lot shall be the average of (i) the widest part of the lot; and the narrowest part of the lot.  (ie:  If the most narrow part of the lot is 35 feet and the widest part of the lot is 100 feet, the lot width would be the average of 35’ and 100’ or 67.5 feet). distance between the side lot line and the setback line.

Chapter III – General Zoning, Section C – Districts, 1 – Residential District, g – Special Exceptions, with the addition of:

Major Home Occupations pursuant to Section D of this Chapter.

Chapter III – General Zoning, Section C – Districts, 2 – Agricultural District, f – Special Exceptions, with the addition of:

Major Home Occupations pursuant to Section D of this Chapter.

Chapter III – General Zoning, Section C – Districts, 3 – Commercial District, c – Special Exceptions, with the addition of:

Motor Vehicle Dealership

Section 2:  Effective Date

This ordinance shall take effect from and after its passage, Polk County Board of Supervisors approval and legal publication.

Discussion was had on amending the town’s zoning ordinance to include regulation of transient lodging.  Language regulating transient lodging in the county ordinance will be presented at next month’s meeting along with discussion on town zoning.  An application was presented for additional mobile storage containers at 1991 US Highway 8.  Supervisor Katie Appel recused herself from discussion and consideration of this item.  Hall/Bergmann moved to adopt Resolution 23-08 approving two additional mobile storage containers on parcel 044-00708-0000, Section 26, located at 1991 US Highway 8; motion carried on a roll-call vote, 3-0, with Supervisor Appel abstaining.

Resolution 23-08

A RESOLUTION APPOVING TWO ADDITIONAL MOBILE STORAGE CONTAINERS ON PARCEL #044-00708-0000 – COMMERCIAL DISTRICT

WHEREAS, Jeremy and Katie Appel, owners of real property in the Town of St. Croix Falls, are requesting to place two additional mobile storage containers on parcel #044-00708-0000, Section 26, located at 1991 US Highway 8; and

WHEREAS, the Town of St. Croix Falls Zoning Ordinance No. 1, Chapter III, Section E, 2. a. states “if an applicant desires more than one mobile storage container per parcel, the request shall come before the Town Board for consideration and possible approval”;

WHEREAS, the applicants received a permit for one mobile storage container on September 12, 2022.

THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, approves the placement of two additional mobile storage containers on parcel #044-00708-0000, Section 26, located at 1991 US Highway 8; and

BE IT FURTHER RESOLVED that the Town Clerk be authorized to issue the permit for the two additional mobile storage containers.

Bergmann/Hall moved to adopt Resolution 23-09 appointing alternate members to the Board of Review: motion carried on a roll-call vote, 4-0.

Resolution 23-09

A RESOLUTION APPOINTING ALTERNATE MEMBERS TO

THE BOARD OF REVIEW FOR THE TOWN OF ST. CROIX FALLS

WHEREAS one of the changes to Wisconsin Statute Section 70.47 authorized the removal of Board of Review members for individual cases under specific circumstances, and

WHEREAS Section 70.47 (6m)(c) authorizes the appointment of alternate members to serve on the Board of Review when standing members are removed from individual cases, and

WHEREAS a standing member of the Board of Review may voluntarily remove himself/herself due to a possible conflict of interest or unable to serve for any other reason;

THEREFORE BE IT RESOLVED that the Town Board for the Town of St. Croix Falls, pursuant to Wisconsin Statute section 70.47 (6m)(c) and Section 70.46 (1), hereby appoints the following electors of the Town of St. Croix Falls as alternate Board of Review members:

Alternate 1:  Frank Behning, and

Alternate 2:  Steve Palmer

BE IT FURTHER RESOLVED that these appointments be effective immediately and run through the Monday before the third Tuesday of April 2024.

BE IT FURTHER RESOLVED that the Town Board of the Town of St. Croix Falls authorizes the per diem for the alternate members attending the Board of Review be set at eight dollars ($8.00) per hour.

Appel/Hall moved to adopt Resolution 23-10 appointing Janet Krueger as Town Clerk/Town Treasurer for the Town of St. Croix Falls; motion carried on a unanimous roll call vote, 4-0.

Resolution 23-10

A RESOLUTION APPOINTING TOWN CLERK/TOWN TREASURER

FOR THE TOWN OF ST. CROIX FALLS

WHEREAS the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, pursuant to Wis. Stats. 60.30(1e) adopted Ordinance 06-04 that the office of the town clerk shall be filled by appointment; and

WHEREAS the Town electors of the Town of St. Croix Falls on November 7, 2006, passed a town referendum approving the office of town clerk to be filled by appointment; and

WHEREAS the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, pursuant to Wis. Stats. 60.30(1e) adopted Ordinance 18-03 that the office of the town treasurer shall be filled by appointment; and

WHEREAS the Town electors of the Town of St. Croix Falls on November 6, 2018, passed a town referendum approving the office of town treasurer to be filled by appointment; and

WHEREAS Town electors adopted Resolution 2021-02TM approving combining the offices of Town Clerk and Town Treasurer at a Special Town Meeting held on November 17, 2021.

THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, does hereby appoints Janet Krueger as the Town of St. Croix Falls “Town Clerk/Town Treasurer” for a two year term effective April 19, 2023.

Hall/Bergmann moved to have the Chairman Mike Dorsey be the additional singer on checks issued by the Town; motion carried on a unanimous roll-call vote, 4-0.  Appel/Bergmann moved to adopt Resolution 23-11 approving the 2023 Reimbursement Agreement with Deer Lake Improvement Association for interns and a portable toilet at the Deer Lake boat landing; motion carried on a unanimous roll-call vote, 4-0.

Resolution 23-11

A RESOLUTION APPROVING THE 2023 REIMBURSEMENT AGREEMENT WITH THE DEER LAKE IMPROVEMENT ASSOCIATION FOR THE DEER LAKE INTERN POSITION(S) AND PORTABLE TOILET AT DEER LAKE BOAT LANDING

WHEREAS, the Deer Lake Improvement Association has received an Invasive Species Education and Protection grant under the Clean Boats, Clean Waters program to conduct certain educational and prevention programs at Deer Lake; and

WHEREAS, the Deer Lake Improvement Association desires to avoid the expense and inconvenience of directly hiring the interns and managing payroll and other activities associated with paying the interns who will conduct the grant activities; and

WHEREAS, the Town of St. Croix Falls has the capability to hire the interns and provide payroll services; and

WHEREAS, the Deer Lake Improvement Association would like the Town of St. Croix Falls share the cost of the two portable toilets rented for the boat landing from April thru October.

THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, will provide payroll services for the Deer Lake Clean Boats, Clean Waters program in accordance with the 2023 Reimbursement Agreement Between the Deer Lake Improvement Association and the Town; and

BE IT FURTHER RESOLVED that the 2023 Reimbursement Agreement between the Deer Lake Improvement Association and the Town be effective upon signing and become part of this enacting resolution.

2023 Reimbursement Agreement

Reimbursement Agreement

Between Deer Lake Improvement Association and

the Town of St. Croix Falls

For the Deer Lake Intern Position and

Portable Toilet at the Deer Lake Boat Landing

            This REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into effective as of this 19th day of April, 2023 (“Effective Date”) by and between the Town of St. Croix Falls, Wisconsin (“Town”) and the Deer Lake Improvement Association (“Association”).

WHEREAS, the Association has received an Invasive Species Education and Protection grant (“Grant”) under the Clean Boats Clean Waters program in order to conduct certain educational and prevention programs at Deer Lake (“Grant Activities”);

WHEREAS, the Association will use the Grant funds to, among other things, reimburse the Town, which will hire interns to conduct the Grant Activities;

WHEREAS, the Association desires to avoid the expense and inconvenience of directly hiring the interns and managing payroll and other activities associated with paying the interns who will conduct the Grant Activities (“Services”);

WHEREAS, the Town has the capability to hire the interns and provide the Services;

WHEREAS, the Association desires the Town to hire the interns and provide the Services and the Town is willing to hire the interns and provide the Services upon the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the matters set forth above, the promises made by the parties herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

1. Employment of Interns. The Town agrees that unless such employment is earlier terminated by the Town (at its discretion), during the Term (as hereinafter defined), the Town will employ the interns to conduct the Grant Activities; provided, however, it is acknowledged and agreed that this Agreement is not, and does not constitute, an employment agreement between the Town and any such intern.
2. Provision of Services. During the Term of this Agreement, the Town agrees to provide the Services to the Association upon the terms and conditions set forth in this Agreement.
3. Term and Termination. The term (“Term”) of this Agreement shall commence on the Effective Date and shall end upon the earlier of (a) the date on which the Association is no longer conducting the Grant Activities during the summer of 2023; or (b) October 31, 2023.  Either party may terminate this Agreement upon ten (10) days prior written notice to the other party.  The Association’s payment obligations under Section 4 below, the acknowledgement and agreement of the Association set forth in Section 4 below and the Indemnification set forth in Section 5 below shall all survive the termination or expiration of this Agreement.
4. Payment for the Services. The Association shall pay the Town for providing the Services in an amount equal to $34.00 per hour of time spent by Town personnel providing the Services.  In addition, the Association shall provide to the Town no later than thirty (30) days from invoice date for the amounts sufficient to pay all interns their wage for that pay period and all taxes and other expenses related to such payment.  The Association shall reimburse the Town for all reasonable costs and expenses incurred by the Town in connection with providing the Services, including any increase in the Town’s insurance expense related to the this Agreement.  In addition, the Association shall provide to the Town no later than thirty (30) days from invoice date the rental fee for one of the two portable toilets rented for the boat landing for the months of April thru October.
5. Indemnification. The Association agrees to indemnify, defend and hold the Town and its officers, board members, employees, agents, representatives and contractors (“Indemnified Parties”) harmless from and against any loss, cost, expense, fee, liability, proceeding, litigation (including attorneys fees and costs) incurred or suffered by any of the Indemnified Parties arising from, or relating to, this Agreement, the Town’s employment of the interns, the Services provided under this Agreement, and/or the conduct by the Association of the Grant Activities.
6. Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Wisconsin applicable to contracts executed and fully performed within the State of Wisconsin, without regard to the conflicts of laws provisions thereof.
7. Counterparts. This Agreement may be executed in counterparts, all of which shall be considered one and the same agreement and shall become effective when such counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart.

Two portable toilet quotes were received for the Deer Lake boat landing.  Raska Sewer quoted one hundred twenty-five dollars ($125.00) per unit, per month and Olson Sewer quoted one hundred twenty dollars ($120.00) per unit, per month.  Hall/Bergmann moved to approve Olson Sewer providing two portable toilets at one hundred twenty dollars per unit, per month at the Deer Lake boat landing; motion carried on a unanimous roll-call vote, 4-0.  Discussion was had regarding purchasing an oil boom to collect contaminants from the boat landing during spring thaw – no action taken.  Appel/Hall moved to approve the 2023/2024 Wisconsin Towns Association membership; motion carried on a unanimous roll-call vote, 4-0.  Hall/Appel moved to adopt Resolution 23-12 approving a five year note with MidwestOne Bank for the purchase of a new dump truck; motion carried on unanimous roll-call vote, 4-0.

Resolution 23-12

A RESOLUTION APPROVING A FIVE YEAR NOTE WITH MIDWESTONE BANK FOR THE PURCHASE OF A NEW DUMP TRUCK FOR THE TOWN OF ST. CROIX FALLS

WHEREAS, the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, has requested a loan from MidWest One Bank in the amount of $297,603.00 to finance a new dump truck; and

WHEREAS, MidWestOne Bank provided a loan proposal for the amount of $297,603.00 at a 4.80% fixed tax-exempt interest rate for five years.

THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, approves a five year note in the amount of $297,603.00 with MidWestOne bank; and

BE IT FURTHER RESOLVED that the Town Chairman, Michael Dorsey and Town Clerk, Janet Krueger are authorized and directed to sign the necessary documents to effectuate the application of the loan.

Discussion was had on changing the spring weight limit – no action was taken and discussion will continue next month.  Hall/Appel moved to have 4 Control spray for invasive weeds in the ditches in the opposite half of the town from last year; motion carried on a roll-call vote, 4-0.  Discussion was had regarding 2023 road work – no action taken and discussion will continue next month.

There were no closing public comments.

The next town board meeting is scheduled for May 17, 2023.  There being no further business, Bergmann/Hall moved to adjourn the meeting; motion carried and the meeting was adjourned at 7:29 p.m.

Minutes prepared by Janet Krueger, town clerk.