CITY OF ELKHORN

COMMON COUNCIL MEETING AGENDA September 28, 2020 ~ 5:30 p.m.

Council Chambers, City Hall, 9 S. Broad St., Elkhorn, Wisconsin The public is welcome to participate from:

The Community Center, Matheson Memorial Library, 101 N. Wisconsin St., Elkhorn, Wisconsin

1) Call to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Comment Although the public may speak on any item that is not included on this agenda as

a “Public Hearing or Forum”, the Council may not respond or discuss the issue brought forward at this time. In accordance with open meeting laws the Council must notice an item on the agenda to allow discussion on that matter. Your comments will be considered and may be placed on a future agenda for further discussion.

5) Consent Agenda (One motion & a second will approve all of the following items listed. Any item may be pulled from the list and handled separately.) a) Council Meeting Minutes: September 8, 2020 b) Temporary Class B Beer Licenses for Walworth County Agricultural Society, at the Walworth

County Fairgrounds for the Rodeo/Concert, October 3, 2020, 1 p.m. to 12 a.m. and October 11, 2020, 1 p.m. to 9 p.m.

6) Bills Payable a) Consideration and recommendation to pay

7) Report of City Officers a) Mayor

i) Chamber of Commerce Proclamation ii) Trick or Treat 2020

b) City Administrator 8) Report on Liaison Committee Meetings

a) Fire Advisory Fire/EMS Advisory Steering b) Library c) Recreation Advisory d) Chamber

9) Committee Reports a) Legislative & Regulatory

i) Demerit Points: Jury Room, Sports Page and Moy’s 10) New Business

a) Feasibility Study Task Order #13 REVISED – Green Acres/Oakwood Subdivision Improvements b) Discussion and Decision on reimbursement to city property c) Discussion and Decision on Conditional Use Permit 20-02 for 326 N. Washington St. d) Counsel action on Joint Elkhorn/Town of Delevan ETZ Committee Recommendation. Grant or

deny application for Conditional Use Permit for Greg Engine Repair e) Discussion and Decision on consultant for consultant on CDBG – Close Program Projects f) Discussion and Decision on City Hall staffing

11) Adjourn

P a g e | 2 DATED at Elkhorn, Wisconsin, this 25th day of September 2020

Lacey L. Reynolds, City Clerk

Should you have any questions or comments regarding any items on this agenda, please contact the City Clerk’s office at 723-2219. Upon reasonable notice to the City Clerk, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services.

*These minutes are not official until approved by the Governing Body*

CITY OF ELKHORN COMMON COUNCIL MEETING MINUTES SEPTEMBER 8, 2020

COUNCIL CHAMBERS, 9 S. BROAD ST., ELKHORN, WI 53121 PUBLIC ATTENDANCE, COMMUNITY CENTER ROOM

MATHESON MEMORIAL LIBRARY, 101 N. WISCONSIN ST., ELKHORN, WI 53121 The Common Council meeting was called to order by Mayor Lechner at 5:30 p.m. in the Council Chambers, with a live feed to the public at the Community Center followed by the Pledge of Allegiance. ROLL CALL Present: Mayor Bruce Lechner, Aldermen Tim Shiroda, Frank Boggs, Scott McClory, Tom Myrin, Karel Young. Absent: Ron Dunwiddie Others present: City Administrator James Heilman (virtual), Attorney Ward Phillips, City Clerk Lacey Reynolds, DPW Manager Matthew Lindstrom, City Engineer Mike Timmers, Senta Holmes and other interested persons. PUBLIC COMMENT Charlie Getka of 1119 Maclean Rd., said the city shouldn’t waste the time with different options covered in the mailing Green Acres residents received. Residents in Green Acres do not want curb and gutter. Gary Payson Jr. of 1201 Hickory Ln., is bothered by task order 13 and how the city wants to make their rural subdivision urban. Randy Pritchard of 1039 Robincrest Ln., discussed how much the residents of Green Acres enjoy their subdivision being rural residential. Edwin Scherzer of 1212 Meadowlark Ln., the appeal of Green Acres/Oakwood subdivision is that it is rural. The city needs to simply repair the roads. Terry Ames of 1301 Robincrest Ln., concerned about having sidewalks added in the subdivision. Barbara Townsend of 1309 Robincrest Ln., sent an email to the alderman inviting the council to come out and visit the neighborhood. Michael Brooks of 1129 Robincrest Ln., would like to keep the Green Acres/Oakwood neighborhood the way it is. Richard Payson of 1101 Maclean Rd., not interested in curb, gutter and sidewalks. Derrick McIntire of 1235 Oakwood Ln., not interested in curb, gutter and sidewalks. Would like to have the roads fixed. Tim Young of 1209 Hickory Ln., newer resident to the Green Acres/Oakwood neighborhood and loves the rural area. CONSENT AGENDA Motion (McClory/Young) to approve the minutes of the August 17, 2020 Common Council meeting and the August 24, 2020 Special Council meeting. Voice vote, all approved, motion carried. REPORT OF CITY OFFICERS MAYOR’S REPORT - None CITY ADMINISTRATOR’S REPORT – asked the Council to look over the budget schedule and get back to him about the dates. NEW BUSINESS

City of Elkhorn Common Council Meeting, Page 2

*These minutes are not official until approved by the Governing Body*

Presentation from Senta Holmes: Community Resilience Outreach Coordinator for Elkhorn Area School District. Senta Holmes introduced herself, shared about her new position at the Elkhorn Area School District and its focus on community. She will be a connection between people and resources in Walworth County. Demerit Points Notification: Jury Room Bar and Grill, Sports Page Barr and Moy’s Restaurant. Motion (McClory/Shiroda) to table the items and send through L&R. Voice vote, all approved, motion carried. City of Elkhorn Police Department Patrolman Vacancy. Motion (McClory/Boggs) to approve the hiring of a new patrolman. Roll call vote: McClory, yes; Boggs, yes; Shiroda, yes; Myrin, yes; Young, yes. Motion carried. Ordinance No. 20-02 – Rezone of 12 E. First Ave. (First Reading). Motion (McClory/Young) to waive the first reading. Roll call vote: McClory, yes; Young, yes; Myrin, yes; Boggs, yes; Shiroda, yes. Motion carried. Motion (McClory/Young) to approve Ordinance No. 20-02 - Rezone of 12 E. First Ave. voice vote, all approved, motion carried. Discussion and Decision on Developers Agreement: Walworth County Craftsmen – 12 E. First Ave. and 404 N. Washington St. Attorney Phillips stated the addendum will be redone by the city engineer and attached to the agreement. Motion (McClory/Young) to approve the developer’s agreement of Walworth County Craftsmen – 12 E. First Ave. and 404 N. Washington St. Roll call vote: McClory, yes; Young, yes; Boggs, yes; Myrin, yes; Shiroda, yes. Feasibility Study Task Order #13 - Green Acres/Oakwood Subdivision Improvements. Motion (McClory/Boggs) to reject the feasibility study task order #13. Roll call vote: McClory, yes; Boggs, yes; Shiroda, yes; Myrin, yes; Young, yes. Motion carried. Motion (McClory/Boggs) to create a new feasibility study including resolving all drainage issues consistent with DNR & State requirements, sump pumps with residential hook up, regrading of roads with city grade substructure. Roll call vote: McClory, yes; Boggs, yes; Young, yes; Myrin, yes; Shiroda, yes. Motion carried. DPW Surplus Equipment. Motion (Myrin/Young) to approve the sale of DPW surplus equipment. Voice vote, all approved, motion carried. ADJOURN Motion (Boggs/Young) to adjourn at 6:29 p.m. Voice vote, all approved, motion carried. Lacey L. Reynolds City Clerk

Proclamation

CHAMBER OF COMMERCE MONTH SEPTEMBER 2020

Whereas, the Elkhorn Area Chamber of Commerce works with businesses, nonprofits, banks and merchants to advance the civic, economic, professional, and cultural life of our City; and Whereas, the Elkhorn Area Chamber of Commerce, founded in 1974, has contributed to the civic and economic life of Elkhorn for past 46 years; and Whereas, municipalities across the state of Wisconsin are celebrating the contributions chambers of commerce make in their communities during the month of September; and Whereas, the Elkhorn Area Chamber of Commerce encourages the growth of existing services and commercial firms and encourages new businesses to locate in Elkhorn, acting as a liaison with the City and the business community. NOW, THEREFORE, I, Bruce Lechner, by the virtue of the authority vested in me as Mayor of the City of Elkhorn, County of Walworth, State of Wisconsin, proclaim the month of September as Chamber of Commerce Month to acknowledge the numerous benefits and services that the Elkhorn Area Chamber of Commerce provides to the businesses and residents in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Elkhorn to be affixed this 21st day of September, 2020.

______________________________ Mayor ______________________________ Date

MEMO:

MEETING DATE: SEPTEMBER 21, 2020 TO: COMMON COUNCIL FROM: CITY ADMINISTRATOR DATE: SEPTEMBER 17, 2020 On your agenda this evening is an item that first occurred August 21, 2009. A person was driving on W. Centralia Street when they tried to avoid hitting a cat and then accidentally hit a City Water Utility Well House causing significant damage to both the car and the Well House. The City was awarded damages of $24,862.50 in 2013 and since that date the person that caused the accident has been paying on a regular monthly basis towards that amount. To date they have paid $17,878.17, but because of interest added on top of the original award the total has now progressed to $31,946.13. So, to date the person has paid $17,878.17, but the amount owed has increased by $7,083.63. In looking at this situation I believe this person is paying what they can and has done it on a regular basis for 7+ years. The situation they are in seems to be cruel and unusual punishment. I think they have committed to paying their debt to society and have learned a hard lesson. The City will not benefit by added on to the original amount awarded. As such, I would request that the Common Council eliminate interest added from the beginning of these payments and apply all payments to the original award, which would leave the person with a balance of $6,984.33. The City will receive the full amount of the award and this person can actually see light at the end of the tunnel in their quest to complete their restitution to the City. I don’t know how many people would have stayed with these monthly payments that will total in excess of $24,000, but this person has and with that I believe the City could offer them the above reduction of the interest as long as they complete the payments, without fail, on a monthly basis, with total repayment to be completed by August, 2024.

COMMON COUNCIL MEMO Meeting Date: September 28, 2020 Agenda Item: All Report Prepared By: City Administrator Since our meeting has been pushed back to September 28 a couple of additional agenda items have surfaced, which I will summarize in this memo. I also had set September 28th as our first budget meeting to go over capital budgets, but I will rearrange the schedule and get feedback from the Council on your availability. The Requests for Proposals (RFP) for selecting a consultant for our pursuit of Federal Grant funding through the Community Development Block Grant – Close Program (CDBG-Close) have been evaluated by John Murphy, Matt Lindstrom, Karl Sorvick and myself. We used a Department of Administration (DOA) recommended evaluation form for scoring the proposals based on criteria they outlined in their format. The scoring and bids from the six proposals are as follows: Firm Point Total Application Fee Administration Fee Total MSA 85.25 $8,500 $30,000 $38,500 SEH 78.75 $5,000 $25,000 $30,000 Cedar Corp. 77.50 $8,000 $27,500 $35,500 General Eng. 72.50 $6,000 $20,000 $26,000 Martenson & Eisele 72.50 $5,800 $15,820 $21,620 Kunkel Eng. Group 70.00 $5,700 $28,500 $34,200 MSA is the recommendation from City Staff due their extensive experience and the number of CDBG-Close & CDBG Public Facilities grants they have submitted for government agencies over the last 2 years (34 grants). They are very familiar with this program and have worked extensively with the DOA staff responsible for approving these grants. MSA was also the firm that conducted our Americans with Disability Act (ADA) requirements study which will be utilized in the ADA upgrades project. Since we went through the RFP process the administration fee will be eligible for reimbursement through this grant program. As everyone is aware City Hall was closed for the first four days of this past week, which created quite a back-up in processing of utility payments. Most of our other work was conducted off-site and employees were able to keep up with day to day operations. My concern now is as we

move toward finalizing budget processes and are moving toward a very big election day it is imperative that we eliminate the possibility of being shut down again, especially at this juncture of budgeting and election processes. I am recommending that we go back to a split staff working on-site and from home. We have been through this process before and now are even better prepared to keep the City Hall open and maintain all our job functions. As we move toward election day we must insure we have the City Clerk (Lacey Reynolds) available for election day activities. In her absence Corrie Daly has worked enough previous elections that she could step in and run a successful election day. I believe moving forward to election day they must be separated to insure one of them is available on election day. In the same light the splitting of employees gives us a better opportunity to eliminate the possibility of City Hall being shut down for health reasons. This is also the location we use for in-person absentee voting and changing the location is something we want to avoid. The benefit of having gone through this process before is we know we can function under this format and have multiple improvements from our first experience. In my opinion this is the best route for operations through the election and budgeting season. The health atmosphere at that point, late November/early December will give the City a better basis at that point for continued operations.

1224 Pine Street

Burlington, WI 53105

T: 262.767.2747 • F: 414.351.4117

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D:\Walworth_Co\Elkhorn_City\Gov\_Task_Orders\Proposed Task Orders\Task13_Green Acres\GreenAcres_Memo_200917.doc

MMEEMMOORRAANNDDUUMM TTOO TTHHEE CCIITTYY OOFF EELLKKHHOORRNNTo: Elkhorn Common Council

CC: Jim Heilman, Matt Lindstrom

From: Mike Timmers

Date: September 17, 2020

Re: Green Acres Subdivision – Feasibility Study Task Order #13, revised 9/17/20

The City of Elkhorn has requested a revised Task Order from Kapur to prepare a Feasibility Study of the Green Acres Subdivision, eliminating the option for a design of an urban section. The purpose of the study would be to determine the feasibility, and/or limitations, of the different options to repair the existing roadways and improve the existing drainage. The work completed under this task order would also be used in the design and construction phases moving forward.

The subdivision includes approximately 1.7 miles of 20-foot wide asphalt pavement with a rural (ditch) section with a minor amount of existing storm sewer. The subdivision includes MaClean Rd (CTH H to eastern limits of Hickory Ln intersection), Glenridge Ln, Glenridge Rd, Larkdale Ln, Meadowlark Ln, Oakwood Ln, Hickory Ln, and Robincrest Ln.

As part of this task order, a complete topographic and utility survey will be completed to use in assessing storm water requirements, utility conflicts and needs, possible property impacts, and to identify existing conditions. The survey will consist of all features within the right-of-way’s of the above mentioned streets.

Kapur has performed some initial research, as well as reached out to WDNR, to verify whether or not storm water management (for both water quality and quantity) will be necessary as part of this project. If so, as previously discussed, this would quite possibly require land acquisition in order to build a storm water pond to treat the storm water. Our findings have made it apparent that storm water management would be needed if we change to an urban section (curb, sidewalk, storm sewer, etc.), as well as if we significantly widened the road requiring the ditches to be moved. If we add storm sewer and eliminate ditches, we would also likely have to manage the storm water. It is also possible, but not likely, that we would have to do storm water management if we reconstruct the road (remove & replace the asphalt and the entire gravel base material). Further analysis is needed to verify this. By doing a “hybrid” design (leave the width of the road the same as it is, leave the ditches in place and excavate to improved drainage as needed, add some ditching as needed, and add some storm sewer underdrain for sump pumps to tie into), it is possible that we would not need storm water management.

With this task order, we will look at all of these options and verify what the WDNR requirements would be in order to make an informed decision moving forward.

As part of the task order, all of the existing utilities will be mapped, and conceptual layouts created to determine if relocations or conflicts will occur. Kapur will utilize existing as-built data, GIS systems, and the above survey to review and identify possible utility conflicts. All public utilities will be included as part of this task, including watermain, sanitary sewer, and storm sewer.

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In addition to the public utilities, Kapur will work with the private utility companies for locations and impacts to their facilities including gas, electric, fiber optic, and cable. Relocation of these facilities, if required, would be at the cost of the project.

This task order and study is intended to supplement, support and identify a preferred improvement plan moving forward. The previous memo and draft cost analysis prepared for the project (dated August 14th, 2020) identified five possible options for the area and is attached for reference. The 5th option, of converting to an urban section, will be removed from contention, as directed by the Common Council on September 8th, 2020. As part of this task order, Kapur will review and update the previous estimates (excluding option #5) as additional detail and information will be known at that time.

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TASK ORDER NUMBER #13

CIVIL ENGINEERING SERVICES

This task order is made as of September 21, 2020, under the terms and conditions

established in the MASTER AGREEMENT FOR ENGINEERING SERVICES, (the

Agreement), between the City of Elkhorn (Owner) and Kapur & Associates, Inc.

(Engineer). This Task Order is made for the following purpose:

Provide civil engineering services for the survey and preparation of a feasibility study of

the Green Acres Subdivision. The purpose of the study would be to determine the

feasibility, and/or limitations, of the different options to repair the existing roadways and

improve the existing drainage. All work completed under this task order would be used in

the design and construction phases moving forward. The streets included as part of the

study are:

Streets: From To

MacLean Road CTH “H” Hickory Lane

Glenridge Drive Entire Road

Glenridge Lane Entire Road

Larkdale Lane Entire Road

Meadowlark Lane Entire Road

Oakwood Lane Entire Road

Hickory Lane Entire Road

Robincrest Lane Entire Road

Section A. – Scope of Services

Engineer shall perform the following Services:

Plan Preparation Activities

1. Provide topographic and utility survey to use in assessing storm water

requirements, utility conflicts and relocation needs, possible property impacts,

and identify existing conditions. The survey will consist of all features within

the right-of-way’s of the above mentioned streets. Diggers Hotline will be

notified and all private utilities, if marked, will be collected with survey.

2. Kapur will determine if property purchase and acquisition is needed, and the

best location, as well as complete preliminary storm water calculations to

determine a general area needed. This will include preliminary drainage areas,

calculations, storm sewer sizing, and storm water basin requirements.

3. Kapur will research and include possible permit requirements, as well as any

environmental needs such as wetland delineations, and historical or

archeological findings.

4. Existing condition mapping will be prepared and include plan and profiles of

all streets. Plans will include all existing features, including existing asphaltic

pavement, gravel shoulders, ditches, trees, culverts, manholes, driveways,

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private utilities as hot lined, sanitary sewer, watermain and storm sewer,

hydrant and valve locations, mailboxes, and objects within the right-of-way.

5. Provide an updated cost analysis based on the accurate information and data

collected as part of this feasibility study. Quantities will be pre-design

estimates for the overall project to assist with project scope determination.

6. Prepare and provide a feasibility study detailing all the collected information,

including assumptions and requirements for each option, except option #5

(converting to an urban section), as presented in our August 14th, 2020

memorandum. The report will include updated preliminary costs, permitting

requirements, property acquisition needs, environmental concerns, and

identify possible utility relocation requirements and conflicts.

7. The proposed scope of services does NOT include the following: geotechnical

borings to determine pavement depths, base conditions, ground water

elevations or any subsurface soil conditions, wetland delineations, plans or

engineering design other than what has been identified above, bidding, or

construction services.

Section B. – Schedule

Engineer shall perform the Scope of Services and deliver the related Documents

according to a schedule agreed upon between the Owner and Engineer. A general

schedule is as follows:

1. Provide Draft report and recommendations to the Department of Public Works by

December 2020.

2. Provide Final report and recommendations to the Department of Public Works by

February 2021.

Section C. – Compensation

In return for the performance of the foregoing obligations, Owner shall pay to Engineer

an amount not-to-exceed Thirty-Five Thousand Six Hundred dollars ($35,600.00)

payable according to the following terms:

A not-to-exceed amount based on the rates as listed in Attachment A of the Agreement,

plus direct expenses. Cost plus services are limited to an agreed maximum figure unless

amended.

Engineer may request a change to the billing hours if scope changes, beyond the control

of the Engineer, resulting in an extension of the schedule or necessitates a change in

personnel.

Compensation for Additional Services (if any) shall be paid by Owner to Engineer

according to the hourly billing rates shown in Attachment A of the Agreement.

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IN WITNESS WHEREOF, the Owner and Engineer have executed the Task Order.

Owner: City of Elkhorn Engineer: Kapur & Associates, Inc.

By: By: Michael Timmers

Signature: Signature:

Title: Title: Project Manager/Associate

Date: Date:

Kapur and Associates, Inc.

Summary of Staff Hours and Labor Costs

for the City of Elkhorn

CLASSIFICATION

Average Hourly Wage

Administration and Coordination

Contract Administration 2 $286.00 4 $384.00 6 $670.00

Field Survey

Field Survey and Topographic Mapping 8 $768.00 36 $2,916.00 8 $784.00 72 $7,560.00 124 $12,028.00

Private Utility Coordination 16 $1,312.00 16 $1,312.00

Subtotal 140 $13,340.00

Utility Assessment

Collect Data, Review and Map Existing Utilities 4 $572.00 20 $1,920.00 32 $2,624.00 56 $5,116.00

Review Possible Utility Conflicts 8 $768.00 8 $768.00

Prliminary Storm Sewer Layout/sizing 4 $572.00 8 $768.00 32 $2,624.00 44 $3,964.00

Permitting Requirements 8 $656.00 8 $656.00

Subtotal 116 $10,504.00

Storm Water Assessment

Drainage Area/Preliminary Calulations 16 $1,536.00 40 $3,280.00 56 $4,816.00

Environmental Review 4 $572.00 16 $1,312.00 20 $1,884.00

Update Cost Estimates/Quantities 22 $2,112.00 22 $2,112.00

Prepare Final Report 24 $2,304.00 24 $2,304.00

Subtotal 122 $11,116.00

TOTALS 14 $2,002.00 110 $10,560.00 144 $11,808.00 36 $2,916.00 8 $784.00 72 $7,560.00 384 $35,630

$35,630

Soil Borings

Soil Boring Report

Totals

Project Total:

Expenses:

Surveyor Staff Engineer IIProject Engineer Total Labor

Dollars

$105.00$82.00

Survey Crew

Hours DollarsHoursHours

Project Manager

$143.00

Hours Dollars

$96.00

Summary of Expenses Cost Total

TASK DESCRIPTION Hours Dollars

TASK ORDER 13 - Green Acres Subdivision Feasability StudyAttachment A

SeniorTechnician

$81.00

Hours DollarsDollars HoursDollars

$98.00

Kapur Associates Hours Page 1 9/17/2020

kapurinc.com

1224 Pine Street Burlington, WI 53105

T: 262.767.2747 • F: 414.351.4117

 

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MMEEMMOORRAANNDDUUMM TTOO TTHHEE CCIITTYY OOFF EELLKKHHOORRNN To: Jim Heilman, Matt Lindstrom

From: Mike Timmers

Date: August 14, 2020

Re: Green Acres Subdivision – Feasibility Study

The City of Elkhorn has asked Kapur to take a brief look at the Green Acres Subdivision and come up with some different alternatives and rough calculations as it pertains to the replacement of the entire subdivision pavement. The entire subdivision includes approximately 1.7 miles of 20-foot wide asphalt pavement with a rural (ditches) section for the most part, with some storm sewer existing. The subdivision includes MaClean Rd (CTH H to eastern limits of Hickory Ln intersection), Glenridge Ln, Glenridge Rd, Larkdale Ln, Meadowlark Ln, Oakwood Ln, Hickory Ln, and Robincrest Ln. It is understood that when this subdivision was annexed into the City, there was an agreement with the Subdivision and the City as to the nature of the reconstruction process. This study does not focus on this agreement. Further, Kapur has not been asked to take a close look at the project, nor was Kapur asked to do any survey or design at this point. This information is provided to the City of Elkhorn for their use in determining what steps might be taken next.

Included are five different options of construction with cost analysis included. This is not to be considered a design estimate, or an extremely accurate estimate, it is simply an approximation of what might be expected if one of the alternatives is chosen. Also included are some of the potential extra costs that might be acquired (unforeseen at this time), potential negative impacts, and potential positive impacts of each of the options.

The first option would be a 2” Mill & Overlay of the existing pavement with no ditch work. The estimated cost of this option is approximately $700,000. Some of the potential extra costs might be the possibility of additional Excavation Below Subgrade (EBS, or undercuts) beyond what was approximated in the cost analysis. Another possible extra cost could be the necessity of a full asphalt thickness removal if the existing asphalt was too thin to begin with. A study would be needed to determine the existing soils, thickness of pavement, etc. One of the negative impacts of this option is a shorter expected life expectancy of the pavement. Another negative might be that some of the existing drainage issues (in the roadway or in the grass/ditches) would not be repaired. Another negative might be that the road would still not be up to City standards (only 20’ wide, no curb/sidewalk, etc.). Some of the positive impacts are the cost is the lowest, you would have a new surface (though not a long-term fix), and the construction schedule is very short.

The second option would be to Pulverize & Relay the full-depth of asphalt at the same width (20’) as the existing roadway, repair soft spots in the subgrade as needed, place shoulder material, replace portions of driveways, etc. This option does not include any ditching, tree removal, etc. The estimated cost of this option is upwards of $1.2 million. Potential extras might include major excavation (beyond the amount that was approximated for the cost analysis) for soft existing subgrade work and potential sanitary or watermain repairs due to this potential excavation (if sewer/water are shallow). A study would be needed to determine the existing soils, thickness of pavement, etc. Some potential negative impacts might be some impact on the existing landscaping, existing yards, existing driveways, etc. Another negative might be that the road would still not be up to City standards (only 20’ wide, no curb/sidewalk, etc.). Also, this option would not positively impact any existing drainage issues outside the roadway, including ditches and grassy areas. Some positive impacts might be that the cost is relatively low, new roadway with full-depth replacement, and the construction schedule is somewhat short-term.

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The third option looked at was a Pulverize & Relay the full-depth of asphalt at the same width (20’) as the existing roadway, re-excavate the existing ditches, replace all culverts, repair soft spots in the subgrade as needed, place shoulder material, replace portions of driveways, etc. This option would also include tree removal, landscape changes, etc. The estimated cost of this option is upwards of $1.8 million. Potential extras might include major excavation (beyond the amount that was approximated for the cost analysis) for soft existing subgrade work. This option might also require lowering the roadway profile (to improve ditch slopes) which might require sanitary or watermain repairs due to this potential excavation (if sewer/water are shallow). A study would be needed to determine the existing soils, thickness of pavement, etc. Some of the potential negative impacts might be some impact to existing landscape material within the right of way (ROW), existing yards, existing ditches, driveways, etc. Another negative might be that the road would still not be up to City standards (only 20’ wide, no curb/sidewalk, etc.). Also, this option would have a relatively long construction time. Some of the positive impacts might be a new roadway with full-depth replacement, and improved drainage both within the roadway and in the ditches and grassy areas.

The fourth option would be to Pulverize & Relay the full-depth of asphalt, widen the roadway from 20-FT to 28-FT, excavate new ditches, replace all culverts, repair soft spots in the subgrade as needed, place shoulder material, replace portions of driveways, etc. This option would also include significant tree removal, significant landscape changes, driveway impacts, etc. The estimated cost of this option is upwards of $2.7 million. Potential extras might include major excavation (beyond the amount that was approximated for the cost analysis) for soft existing subgrade work. This option might also require lowering the roadway profile (to improve ditch slopes) which might require sanitary or watermain repairs due to this potential excavation (if sewer/water are shallow). A study would be needed to determine the existing soils, thickness of pavement, etc. Some of the potential negative impacts might be some major impact to existing landscape material within the right of way (ROW), existing yards, existing ditches, driveways, etc. The roadway, and the ditches, would be closer to the houses. This option would significantly change the existing lay of the land. Another negative might be the removal of many existing trees, bushes, and landscaping material within the ROW. Utilities such as gas, electric, phone/cable, etc. might have to relocated as well. Also, this option would have a significant construction time. Some of the positive impacts might be a new roadway with full-depth replacement, a wider roadway similar to City standards which is safer for the public and improves parking, and improved drainage both within the roadway and in the ditches and grassy areas.

The last option would be to Pulverize & Relay the full-depth of asphalt, widen the roadway from 20-FT to 28-FT, repair soft spots in the subgrade as needed, remove ditches and culverts, place storm sewer pipe/manholes/inlets, place curb & gutter, place concrete sidewalks on both sides of the roads, replace large portions of driveways, etc. This option would also include significant tree removal, significant landscape changes, driveway impacts, etc. The estimated cost of this option is upwards of $4.5 million. Potential extras might include major excavation (beyond the amount that was approximated for the cost analysis) for soft existing subgrade work. This option might also require lowering the roadway profile (to improve ditch slopes) which might require sanitary or watermain repairs due to this potential excavation (if sewer/water are shallow). A study would be needed to determine the existing soils, thickness of pavement, etc. Some of the potential negative impacts might be some major impact to existing landscape material within the right of way (ROW), existing yards, existing ditches, driveways, etc. The roadway and the sidewalk would be closer to the houses (sidewalk edge would be about 20’ from the existing roadway edge). This option would significantly change the existing lay of the land (filling ditches, tree removals, etc.). Another negative might be the removal of many existing trees, bushes, and landscaping material within the ROW. Utilities such as gas, electric, phone/cable, etc. might have to relocated as well. Also, this option would have a significant construction time. Some of the positive impacts might be a new roadway with full-depth replacement, a wider roadway with curb & gutter designed to City standards which is safer for the public and improves parking, new sidewalk on both sides of the roadway which is safer for the public, and improved drainage both within the roadway and yards.

While all of these options may be feasible, each has their own individual positive and negative attributes.

CITY OF ELKHORN CONDITIONAL USE PERMIT No. 20-02

XP, LLC/RON BENDER – 326 N. WASHINGTON ST.

Pursuant to Section 17.5-1 of the City of Elkhorn Municipal Code, “Motor Vehicle and Marine Craft Sales” located at 326 N. Washington St, Tax Key Parcel YD00002 shall be permitted as a Conditional Use. The operation at said location shall be subject to the following conditions:

1. The hours of operation shall be by appointment only 9:00 am to 6:00 pm Monday thru Friday and 9:00 am to 5:00 pm Saturdays.

2. No outside storage of any automobile parts shall be allowed at any time. 3. Absolutely no salvage of vehicles shall be permitted. 4. No dismantling, body work or painting shall be permitted. 5. The project shall be developed in accordance with the submitted application. Any deviation from the approved plans

shall require zoning administrator and/or Plan Commission approval. 6. Maximum of 10 vehicles parked on north side of building. 7. Signage limited to front door. 8. No commercial or public repairs allowed. 9. No parking on any grassy areas.

Failure to fully comply with the above stated conditions shall be considered grounds for revocation of this permit.

Common Council of the City of Elkhorn

By: ________________________________ Attest: ________________________________ Bruce Lechner, Mayor Lacey Reynolds, City Clerk

State of Wisconsin State of Wisconsin County of Walworth County of Walworth Subscribed and sworn/affirmed to before me Subscribed and sworn/affirmed to before me this__________ day of ________________ 20__, this_______ day of ________________ 20__, Notary Public Notary Public My Commission Expires: ________________ My Commission Expires: _________________

By: ________________________________ ___________________________________

Owner Tenant

________________________________ ___________________________________ Printed Name Printed Name State of Wisconsin State of Wisconsin County of Walworth County of Walworth Subscribed and sworn/affirmed to before me Subscribed and sworn/affirmed to before me this__________ day of ________________ 20__, this__________ day of ________________ 20__, ________________________________________ Notary Public Notary Public My Commission Expires: _________________ My Commission Expires: _________________ This instrument was drafted by: Bonnie Schaeffer Zoning Administrator

PLAN COMMISSION – FINDING OF FACT DATE: September 17, 2020 PROJECT: XP LLC/RON BENDER – 326 N. WASHINGTON ST. PC ID: E20.07.007 ACTION: Conditional Use Permit The City of Elkhorn Plan Commission officially convened on September 3, 2020 to consider the Conditional Use Permit 20-02, submitted by XP, LLC/Ron Bender for Vehicle and Marine Craft Sales. After considering the Conditional Use Permit application, the staff report, oral and written testimony, the Elkhorn 2040 Comprehensive Development Plan, the Zoning on the subject property, and other materials presented at the meeting, the Plan Commission does hereby make the following “finding of fact”: FINDING OF FACT 1) The construction, maintenance and operation of Vehicle and Marine Craft

Sales on the subject property, as conditioned, is in accordance with the intent and purpose of Chapter 17 (Zoning) of the City of Elkhorn Municipal Code.

2) The construction, maintenance and operation of Vehicle and Marine Craft Sales on the subject property, as conditioned, is compatible with other uses permitted in the same zone of vicinity.

3) The construction, maintenance and operation of Vehicle and Marine Craft Sales on the subject property, as conditioned, will not be hazardous, harmful, offensive or otherwise adverse to the environment.

4) The construction, maintenance and operation of Vehicle and Marine Craft Sales on the subject property, as conditioned, will not be detrimental to the value of the neighborhood or community.

Based upon the “Findings of Fact”, the Plan Commission motioned, seconded and voted to recommend APPROVAL of the Conditional Use Permit application to the Common Council.