LUXEMBURG VILLAGE BOARD MEETING MINUTES TUESDAY, AUGUST 10, 2021 MUNICIPAL OFFICE BUILDING 206 MAPLE STREET, LUXEMBURG, WI

LUXEMBURG VILLAGE BOARD MEETING MINUTES
                       TUESDAY, AUGUST 10, 2021
                      MUNICIPAL OFFICE BUILDING
                  206 MAPLE STREET, LUXEMBURG, WI
Members present: Jack Seidl, Dan Porath, Dan Olson, Brian Barbiaux, Dan Rueckl, Lori Hurley, and Ron
Tlachac. Others present: Clerk/Treasurer MiLissa Stipe, Rick Simonar, Engineer Lee Novak, Engineer
Gayle Lindenberg, Susan and John Haegele, John Price, Dave Jadin, Adam & Erika Leroy (via Zoom),
Frank Romeo (via Zoom), Police Chief Gulbrand.

                                           PUBLIC HEARING
                 6:45 – 7:00; Ordinance (8-2021) for annexation for Lee and Cindy Johnson
                             parcel 31-012-21-151/home at E1190 Church Road
The parcel listed above was presented for public hearing for annexation due to failure of their sewer
system. This parcel is adjacent to 202 Church Road which was annexed earlier this year. There were no
comments made from the audience.

1. CALL MEETING TO ORDER
Meeting was called to order at 7:00 p.m.

2. ROLL CALL
Members Jack Seidl, Dan Porath, Dan Olson, Brian Barbiaux, Dan Rueckl, Lori Hurley, Ron Tlachac.

3. ADOPT AGENDA
Motion (Rueckl/Hulrey) to approve the agenda. All ayes. Motion carried.

4. COMMENTS FROM CITIZENS (SIGN-UP SHEET/3 MINUTES MAXIMUM)
Sue Haegele/392 Brookview Drive wanted to express her happiness on the fiber installation to the Village
but was concerned that there was very little communication regarding the installation. She stated that the
lack of communication for those individuals that do not use the Village’s website/Facebook are left out in
the dark. She suggested a mailer to inform residents on what is happening and who to contact for
information. Chris VanIten, Directional Drilling Services Inc. was present to answer questions. He stated
that a flyer/door knocker document is being put on the doors of homes that will be affected by the
installation two weeks prior to the installation. He is locating via Diggers Hotline for anything that may
impede on their installation. He then said that MI-Tech (Engineer for fiber installation) is locating as well,
so there are a lot of located flags in people’s yards.
John Haegele/392 Brookview Drive expressed his concerns regarding his irrigation system in his yard and
if there were any issues (cut the system) who would be responsible? He was informed that any item that is
placed in any yard such as dog fencing/irrigation is the responsibility of the owner of the property.
John Bins stated that the minutes aren’t posted on the website in a timely fashion. Clerk Stipe informed
him that they are always a month behind (approved minutes), and they are posted approximately a week
after the Board meeting.
John Price-Bank of Luxemburg would like to request membership from the Village Board for the
Kewaunee County Economic Development Corporation. President Seidl stated he would attend the next
meeting on 8/18/21.

5. APPROVE MINUTES FROM THE JULY 13TH, 2021 BOARD MEETING
Motion (Barbiaux/Rueckl) to approve the minutes from July 13, 2021, Board meeting. All ayes. Motion
carried.

6. REVIEW/APPROVE (ORDINANCE 8-2021) ORDINANCE ANNEXING LAND FROM THE
TOWN OF LUXEMBURG, LEE & CINDY JOHNSON
Clerk Stipe explained the annexation request/ordinance due to the need for connection to the Village’s
sewer/water system since the town’s resident septic system was failing and put in a request for annexation.
Motion (Tlachac/Porath) to approve ordinance 8-2021. All ayes. Motion carried.

7. DIRECTIONAL DRILLING SERVICES INC.-CHRIS VANITEN; DISCUSSION ON FIBER
INSTALLATION, RPOCESS AND TIMELINE
Chris/DDS explained the timeline. The goal is to have fiber installation completed by November of 2021
from Northbrook Road to village hall and then the south end of the Village will be completed by April of
2022.
Pending any unusual issues, he will be able to meet his schedule. He completes the fiber installation in the
right of way of property and does not process the lateral installation from the main fiber line to each
home/business. One of his biggest concerns is the younger children, mostly boys, that are interested in
seeing/observing the digging activities. Chris did state that a flyer/doorknocker is posted on all homes that
will be affected by the digging activities two weeks prior to the start of installation. He did say that each
home will have some form of a box in their yard that will be the connection from the main fiber line to the
home. Most homes will have a small box (that will be flush with the ground); this will be all dependent on
the installation process. Chris did say that if anyone has any issues with the installation feel free to contact
him and he will work out the issues. Chris lives in the Village and wants the installation process to work
smoothly.

8. REVIEW/APPROVE-DENY CONDITIONAL USE PERMIT FOR SUNSET MANUFACTURING
HOME PARK EXPANSION
A Planning Commission meeting was held just prior to the Board meeting regarding the request from
Sunset Manufactured Home Trailer Park for a conditional use permit for a parcel of land just west of the
trailer park for development. The parcel that the Village currently owns will be sold to Peter Stojich
(trailer park owner) so that he may develop the parcel with double wide modular homes with garages.
There will be no basements for the homes. The property will be owned by Peter Stojich and the
homes/garage will be owned by the new buyer. The homes will have their own water/sewer meters. The
estimated cost of the home/garage will range from $160,000 to $190,000. Motion (Barbiaux/Rueckl) to
approve the conditional use permit with the following conditions: the double wide modular homes will be
new and will have some form of barrier by vegetation/fencing on the west end of the parcel to buffer the
homes from the commercial/industrial park. All ayes. Motion carried.

9. ERICA LEROY-DISCUSSION ON SPECIAL ASSESSMENTS ON HERITAGE ROAD
Erica and Adam Leroy (via Zoom) requested that the special assessments charges be amended. Erica
stated that they were willing to pay for the curb/gutter/storm sewer charges but did not think it was fair to
charge them for the widening of the road since the road widening did not go past their home. They stated
that this assessment was excessive. Erica Leroy was concerned that the width of the road was not needed
on this type of street.

Initially, the road went as an east/west straight roadway, but due to the closeness of the Leroy’s home to
the curb, the Board decided to amend the road; to shift the road to the full south side of the right of way.
This now makes the road have a slight bend in the roadway. Engineer Novak explained the ability of the
Village police powers: WI State Statues 66.0703, when it comes into effect for roadway special
assessments. The benefits of the roadway modification allow for a safer roadway with a wider road since
there are no sidewalks. The curving of the roadway also has a calming effect for slowing traffic. The
rationale for the charges were based on the linear footage of the parcel. The Leroy’s parcel has a linear
footage of 232.66.

Engineer Novak explained that in the past forty years, the design standard has been to have a thirty-seven-
foot roadway with the possibly a forty-one-foot width increase to the roadways for safety reasons. After
discussion a motion was made. Motion (Seidl/Barbiaux) to deny the request from Erica and Adam Leroy.
All ayes. Motion carried.

10. ENGINEER’S UPDATE: HERITAGE ROAD RECONSTRUCTION, CITIZEN’S MEETING,
INCREASED COST OF PROJECT; UPDATE ON FRONTIER/AS STREET PROJECT
*Heritage Roadway new design for layout has been completed. The additional costs are about $34,000.
Dorner is beginning work the week of August 9th, 2021, with completion by September 30, 2021. A
public information meeting was held on Tuesday, August 3rd and was well attended by the residents.
Heritage Road will be closed to through traffic during construction.
*Heritage Road assessments passed the preliminary resolution and conducted a public hearing at the April
2021 Board meeting. A preliminary engineering report/assessment schedule established assessments for
storm sewer, street widening and curb/gutter. Benefits for properties for the storm sewer are to improve
street drainage and not allow the stormwater from the street drain onto abutting properties. Benefits for
street widening is safety for traffic/pedestrians on the street and allowance for parking on the street.
Curb/gutter benefits additional safety from the curb as a barrier and conveying stormwater instead of onto
the properties. Once the project is completed and final costs are compiled, the Village Board will need to
adopt a final resolution for the final assessment schedule. Property owners have the right to appeal the
assessments based on state statues. The garbage/recycling company will be contacted to make sure they
pick up Heritage Road first on their route to eliminate any issues.
*Frontier Road has been completed and open. The final surface will be placed in 2022.
Development criteria/costs for village owned commercial/industrial property revisions have been made
and have been reviewed.
*Mobile Home Park expansion requires a conditional use permit and prior to this Board meeting, a
Planning Commission met to discuss the permit request. The Village will sell the former Massart property
to Peter Stojich for the expansion of the mobile home park. The proposed development will be 3.41 acres
which includes right of way of Pine Street. Proposed development to be constructed in fall, 2021.
*Christofferson property development with Robert E. Lee engineers to begin design work, the intent is to
accept bids on the extension of Division/Seidl Streets by early September. At this time, the development
will occur only on Division Street and not on the private property. Anticipated start date for construction
will be late September/early October.
*Radue-Northbrook Meadows is pursuing the extension of Fairway Drive in the Northbrook meadows; the
initial step will be to perform a wetland delineation to determine the extent of the wetlands in the vicinity
and possible need for mitigation. Dependent on the presence of wetlands the construction could start this
fall.
*New TIF District. The existing TIF District is scheduled to close in 2022. The estimated TIF increment
for 2021 is $42,429,000 which is 17.99% of the total Village valuation. The TIF increment increase in
2021 is estimated at $8,035,900 or an increase of about 23% over 2020. The Village can start a new TIF
District in 2022 which would need to adopt by September 30, 2022. A preliminary TIF map layout has
been prepared for review by the Village.

11. DISCUSSION ON CREATION OF NEW TAX INCREMENT DISTRICT; NEED TO IDENTIFY
DATE/TIME TO MEET WITH TIF COMMITTEE TO START THE PROCESS
At the Planning Commission meeting, Lew DuChateau expressed interest in serving on the new TIF
District Board. Members of the Board: President Seidl, Trustees Barbiaux and Rueckl have agreed to
round out the Board. The next meeting will be September 15, 2021, at 6:00 p.m.

12. DISCUSSION ON PROPOSED MANUFACTURED HOME PARK EXPANSION LAND VALUES
AND PROPOSED SALE PRICE
Discussion on what lot price to sell the parcel of land to Peter Stojich. The owner/developer will be
investing a large bank roll for the infrastructure, but the Board does not want to give the land away either.
More discussion will take place at the Industrial Development Committee meeting in two weeks. Further

research will need to take place for potential developers. Engineer Novak will work his figures to
determine what is a fair price of the land.

13. DISCUSSION ON LAND SALES IN NEW COMMERCIAL/INDUSTRIAL PARK; CRITERIA
FOR LOTS FOR SALE AND PROPOSED SALE PRICE
Discussion on what lot price to charge individuals who are interested in purchasing land. There are some
discrepancies as to what should qualify for prospective buyers. The intent of the sale of the land is for
physical property such as buildings, etc. But also, jobs! If the prospective buyers want only a site for
storage, etc. there will be a cost to that request. Creating jobs and substantial buildings is what the
Village is looking for. In the next couple of weeks, the Industrial Development Committee Meeting will
take place and discuss what the fair price to offer the land to prospective buyers will be.

14. DISCUSSION-APPROVE/DENY REQUEST FOR LEASE AGREEMENT WITH VERIZON
WIRELESS FOR CELLPHONE ANTENNA/APPARATUS ON VILLAGE WATER TOWER
Frank Romeo, Verizon was present (via Zoom) to verbalize what Verizon is requesting with their rental
lease/agreement for use of our water tower for their antenna/apparatus. Verizon currently holds a
lease/agreement for use of our water tower. The current lease/agreement has a 3% increase on an annual
escalation basis. Verizon is proposing a removal of the 3% escalation increase to a 5-year interest charge
at 15% per five years. This would be a decrease in the annual escalation interest charge and would
decrease Verizon financial obligation to the Village. Questions were asked and concerns raised as to why
the Village would be the one that should take the hit on the annual lease fee/interest. The direct concern
from Verizon is too slow down the interest rates. Verizon stated that the increased outbuild in the 5G is
their financial obligation for them at this time. Trustee Tlachac stated that the Village would revisit the
lease/agreement in 2026 and determine if at that time (dependent on what happens in the
future/economy/technology) it is feasible to readjust at that time. No change in the lease/agreement
currently, revisit in 2026. All board members agreed.

15. APPROVE VOUCHERS FOR PAYMENT
Board members reviewed the payments. Concern raised over NEW Plastics billing for the reimbursement
for shipping of product during the week the railroad crossing was closed during construction. Board
members were not pleased with the cost which was approximately $40,000. Requested to get further
explanation for the invoices for the shipping (bulk) and get those finding back to the board members.
Motion (Barbiaux/Tlachac) to approve the vouchers with the exclusion of the NEW Plastics billing. All
ayes. Motion carried.

16. REVIEW/TAKE ACTION ON PICNIC/BARTENDARS:

St. Mary Parish Christian Mothers/Women Society, October 20, 2021, fall dinner at Kewaunee County
Fairgrounds, Motion (Rueckl/Hurley) to approve the picnic license. All ayes. Motion carried.
Lanette Jill Wildfong, Stodola’s IGA, Motion (Olson/Tlachac) to approve bartender’s license. All ayes.
Motion carried.

17. COMMITTEE REPORTS
Rick Simonar-Public Works:
*Has been busy locating water/sewer/storm for the fiber installation.
*Concerns with the I&I (Inflow & Infiltration) from the recent rainfalls. The plant has a major increase
with I&I during the rainfalls. The most likely culprit is a crack/entrance in the sewer line for rainwater to
get into. The only area that has not been televised is the interceptor line from Ash Street (east side of
village) to the wastewater plant. Televising the line will take place next year when we have access to the
farm fields where the interceptor line is.
*Chemically treating the clarifying ponds may not work out for the Village, the cost of $245,000 for both
ponds. The village will be looking into alternative options.

*Fermented Nutrition (FNC) has been sending very high BOD levels lately, when they cycle their process,
it seems to be sending a lot of solids. FNC is notified every morning of their loads. The Village will be
keeping an eye on their daily loads.

Clerk/Treasurer Stipe
*Handed out budget documents for the board’s review. Committee meetings will need to be arranged so
that members can meet with the specific manager of the department to work on needs/wants of departments
for the village. Goal to have September 2021 committee meetings.
*The Board requested that the Village office send out a card to inform residents on the fiber internet
installation. Once a card is created, the card will go to board members emails for feedback.

Chief Gulbrand-Police
*Chief Gulbrand has been working with the WI DNR to clean up the ATV ordinance, it seems that the
verbiage in the language of the ordinance does not allow any ATV user to use non-ATV roadways in the
Village to access the trail system. This is an error in the ordinance that was adopted. Once Chief has the
ordinance cleaned up, he will get it to the Board for approval.
*The police department has been going through training. Training for Point Beach nuclear plant exercise
drills and Narcan training for officers.

Trustee Porath
The recycling event held on August 7, 2021, at the Kewaunee County fairgrounds was not attended very
well. Discussion to hold the event every other year with Kewaunee County recycling chemical event.

21. ANY OTHER ISSUES
None currently.

22. ADJOURN
Motion (Olson/Hurley) to adjourn at 10:17 p.m. All ayes. Motion carried.

MiLissa Stipe
Clerk/Treasurer