REGULAR TOWN BOARD MEETING, October 18, 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, October 18, 2023, at the Town Hall. Proper notice was given as the agenda was posted at the town hall and on the town’s website October 13, 2023. The Pledge of Allegiance was said. Present by roll call were Chairman Mike Dorsey, supervisors Katie Appel, Will Bergmann, Jeremy Hall and Brent Priebe. Also present were town clerk Janet Krueger, public works employee Steve Jacobs and legal counsel Adam Jarchow. Others in attendance were Tracy Lach and Josh Yunker.
Hall/Appel moved to approve the agenda; motion carried. Appel/Hall moved to approve the minutes as printed for the September 20, 2023, town board meeting; motion carried.
No public comment was had.
Committee, Commission and Employee Reports: Mr. Jacobs gave the highway report. Ms. Krueger presented the clerk/treasurer’s report. Receipts for the period ending September 30, 2023, amounted to $9,369.74, cash balance on September 30, 2023, was $665,084.09. Hall/Bergmann moved to adopt Resolution 23-30 amending the 2023 budget; motion carried on a unanimous roll-call vote, 5-0.
A RESOLUTION TO AMEND THE 2023 BUDGET
FOR THE TOWN OF ST. CROIX FALLS
WHEREAS the funds left over from last year and American Rescue Plan Act (ARPA) funds were used for road maintenance projects which exceeds the amount budgeted in the Highway Expense account for 2023; and
WHEREAS the expense for back ground checks was incorrectly budgeted in the administrative expense account and when recorded correctly will exceed the amount budgeted in the Background and Law Expense account for 2023.
THEREFORE BE IT RESOLVED by the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, that the sum of eighty-three thousand, twenty-five dollars ($83,025.00) is hereby transferred from the General Operations Fund of which eighty-three thousand dollars ($83,000.00) is to be designated to the Highway Expense account and twenty-five dollars ($25.00) is to be designated to the Background and Law expense account.
Hall/Priebe moved to approve payment of vouchers #23-236 through #23-258 amounting to $485,304.90; motion carried on a unanimous roll-call vote, 5-0. The 2023 year to date budget summaries were reviewed. The zoning permit logs and plan commission minutes were reviewed. Supervisor Appel stated she had been contacted by a resident on 125th Avenue regarding the condition of the pulverized road. Chairman Dorsey stated Supervisor Priebe would be replacing Supervisor Hall on the cemetery board for the Town.
New Business: Tracy Lach presented his request for a special exception for a food shop with gifts in a non conforming structure at 1982 US Highway 8, Unit A. Hall/Appel moved to adopt Resolution 23-31 granting a special exception to Tracy Lach to operate a food shop/restaurant with gifts/retail at 1982 US Highway 8, Unit A; motion carried on a unanimous roll-call vote, 5-0.
A RESOLUTION GRANTING A SPECIAL EXCEPTION
TO TRACY LACH TO OPERATE A FOOD SHOP/RESTAURANT WITH GIFTS/RETAIL IN A NON CONFORMING STRUCTURE IN THE COMMERCIAL DISTRICT
WHEREAS Tracy Lach filed an application with the Town of St. Croix Falls to operate a food shop/restaurant with gifts/retail at 1982 US Highway 8 Unit A, located in the NW ¼ of NW ¼ of Section 35, T34N, R18W, and identified as Tax Parcel No. 044-00978-0000, and
WHEREAS Chapter III, Section C, 3. Commercial District, c. (2) changes of use in non-conforming structures or property requires a Special Exception; and
WHEREAS per Chapter I, Section I, (3) the Plan Commission did conduct a public hearing on the matter and did recommend approval on October 11, 2023, for the special exception with conditions to operate a food shop/restaurant with gifts/retail in the NW ¼ of NW ¼ of Section 35.
THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, does hereby concur with the Town Plan Commission to grant a special exception to Tracy Lach to operate a food shop/restaurant with gifts/retail at 1982 US Highway 8 Unit A, located in the NW ¼ of NW ¼ of Section 35 and identified as tax parcel #044-00978-0000 subject to the following conditions:
- The business will be on a one year probationary period during which any complaint will lead to an automatic review of the special exception and/or conditions by the Plan Commission and/or Town Board;
- The special exception shall terminate upon the sale or transfer of ownership of either the parcel of land or the business itself; and
- The Business must obtain and maintain all proper permits.
BE IT FURTHER RESOLVED that this special exception is conditioned on the applicants obtaining the necessary and required permits, if any, from Polk County and various agencies of the State of Wisconsin; and
BE IT FURTHER RESOLVED that this special exception must be exercised by application for the necessary permits within twelve (12) months of the date of this Resolution.
Mr. Yunker presented a minor subdivision request to divide a 9.96 acre parcel into two lots, lot 1 consisting of 3.5 acres and lot 2 consisting of 6.5 acres. Appel/Bergmann moved to adopt Resolution 23-32 approving a minor subdivision for parcel #044-00589-0000; motion carried on a unanimous roll-call vote, 5-0.
A RESOLUTION APPROVING A MINOR SUBDIVISION
IN THE TOWN OF ST. CROIX FALLS – TERRY MIX PARCEL
WHEREAS Terry Mix, owner of real property in the SE ¼ of SW ¼ of Section 24, T34N, R18W, identified as Tax Parcel No. 044-00589-0000 and located at 1885 140th Avenue, and
WHEREAS the owner has proposed dividing the current 9.96 acres, more or less, into two parcels, new parcel (Lot 1) consisting of 3.5 acres, and the remaining parcel (Lot 2) consisting of 6.5 acres, more or less, and
WHEREAS the Plan Commission of the Town of St. Croix Falls held a public hearing on October 11, 2023, and after reviewing the request recommends Town Board approval.
THEREFORE BE IT RESOLVED that the Town Board of the Town of St. Croix Falls, Polk County, Wisconsin, does approve the creation of a minor subdivision from Tax Parcel No. 044-00589-0000 into two parcels, one parcel (Lot 1) consisting of 3.5 acres, and the remaining parcel (Lot 2) consisting of 6.5 acres, more or less; and
BE IT FURTHER RESOLVED that the Town Board authorizes a Town Representative to sign the “Polk County Subdivision Ordinance Town Board Check List”, and
BE IT FURTHER RESOLVED that the Town Board requests the Polk County Land Information Office to review and approve the creation of this minor subdivision, and
BE IT FURTHER RESOLVED that the subdivider provide the Town with a copy of the Certified Survey Map after same has been recorded in the Polk County Register of Deeds Office.
The proposed zoning ordinance amendments amending the side yard set back to ten feet (10) in the residential, agricultural and transitional districts; and allow one bunk house as an accessory structure with additional bunk house(s) to be considered as a special exception in the residential, agricultural and transitional districts. The first reading of the proposed amendments to the zoning ordinance was had. Hall/Priebe moved to adopt Resolution 23-33 proposing to exceed the levy limit amount by $240,000.00 via a special town elector meeting; motion carried on a unanimous roll-call, vote 5-0.
RESOLUTION OF TOWN BOARD PROPOSING EXCEEDING LEVY LIMIT
VIA SPECIAL TOWN ELECTOR MEETING
Whereas, the State of Wisconsin has imposed levy limits on town, village, city and county levies for 2023 and thereafter under s. 66.0602 of Wis. Statutes;
Whereas, s. 66.0602 of Wis. Statutes limits the allowable local levy for 2023 to a percentage increase of no more than the greater of (a) 0% of the 2022 payable 2023 adjusted actual levy as calculated under the state’s levy limit law* or (b) a percentage equal to the percent change in equalized value due to net new construction less improvements removed, which for the Town of St. Croix Falls is 1.747 percent;
Whereas, the Town Board of the Town of St. Croix Falls, Polk County believes that for the 2023 tax levy (to be collected in 2024) it is in the town’s best interest to exceed the state levy limit as described above by a greater percentage than 1.747 percent.
Whereas, the Town of St. Croix Falls 2022 payable 2023 adjusted actual levy was $511,167; and further whereas the state law would limit this year’s increase to $8,931 for a total allowable town tax levy after adjustments for 2023 (to be collected in 2024) of $586,855.
Therefore the Town Board of the Town of St. Croix Falls, Polk County does hereby resolve and order as follows:
- The town board supports an increase in the town tax levy for 2023 that will exceed the amount allowed by the state levy limit.
- The town board directs that the question of increasing the allowable town tax levy for 2023 (to be collected in 2024) by 40.896 percent, which would increase the town levy by $240,000 for a total tax levy (after adjustments) of $826,855, shall be placed on the agenda for the special town meeting to be held on November 15, 2023.
Appel/Bergmann moved to adopt Resolution 23-34 setting the date, time and location for the proposed 2024 budget hearing and calling a special town meeting of electors to endorse a levy increase of $240,000.00 and adopt the 2023 town levy to be held on November 15, 2023 at 7:00 p.m.; motion carried on a unanimous roll-call vote, 5-0.
A RESOLUTION TO SET DATE, TIME, AND LOCATION OF PUBLIC HEARING ON THE PROPOSED 2024 BUDGET FOR THE TOWN OF ST. CROIX FALLS
AND TO CALL A SPECIAL MEETING OF THE ELECTORS
OF THE TOWN OF ST. CROIX FALLS
WHEREAS, Wisconsin Statute 65.90 requires a public hearing on the annual budget for a Town; and
WHEREAS, Wisconsin Statutes requires the calling of a special Town meeting to approve and adopt the tax levy;
THEREFORE BE IT RESOLVED, that the Town Board of the Town of St. Croix Falls, Polk County, pursuant to Wisconsin Statute 65.90 calls a public hearing on the proposed 2024 budget for the Town of St. Croix Falls in Polk County to be held on 15th day of November, 2023, commencing at 7:00 p.m. at the Town Hall;
BE IT FURTHER RESOLVED, that the Town Board of the Town of St. Croix Falls Calls pursuant to Wisconsin Statutes 60.12(1)(c) a special town meeting of the electors on 15th day of November, 2023, to begin immediately following completion of the public hearing on the proposed 2024 Budget, for the following purposes;
- To consider the adoption of a resolution by the electors at the town meeting endorsing a town board resolution which proposes that the town levy exceed the state allowable levy limit under Wisconsin Statute 66.0602, specifically a proposed tax levy which would exceed the allowable town tax levy for 2023 by 40.896 percent for a dollar increase of $240,000.
- To approve the 2023 town tax levy (to be collected in 2024), pursuant to Wisconsin Statutes 60.10(1) (a).
Discussion was had on applying for a Local Road Improvement Project (LRIP). Hall/Appel moved to submit a Local Road Improvement Project (LRIP) application for Fairgrounds Road from Sunshine Street west to the Town/City line; motion carried on a unanimous roll-call vote, 5-0. Discussion was had on selling the 2015 Mack dump truck. Appel/Bergmann moved to sell the 2015 Mack dump truck for no less than sixty thousand dollars ($60,000.00); motion carried on a unanimous roll-call vote, 5-0. Discussion was had on road projects that need to be finished up before frost.
No closing public comment was had.
The next town board meeting is November 15, 2023. There being no further business, Hall/Appel moved to adjourn the meeting; motion carried and the meeting was adjourned at 7:30 p.m.
Minutes prepared by town clerk Janet Krueger