9-3-26 – Planning Commission FULL PACKET

Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services or provide a video link for meetings. For additional information to request this service, please contact the City Clerk's Office at 715-479-8682 ext. 224, 525 E. Maple Street, P.O. Box 1269, Eagle River WI 54521. AGENDA NOTICE (8/28/2026) THE PLANNING COMMISSION OF THE CITY OF EAGLE RIVER WILL HOLD A MEETING ON THURSDAY, SEPTEMBER 3, 2026, AT 5:00 P.M. AT CITY HALL, 525 E. MAPLE STREET IN EAGLE RIVER. Notice is hereby given that a majority of the City Council of the City of Eagle River may be attending scheduled Planning Commission meetings either in person or via zoom. This constitutes a meeting of the City Council pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 N.W.2d 409 (1993), and must be noticed as such, although the Council will not take any formal action at these meetings. This meeting will be available by Zoom at the following link: https://us06web.zoom.us/j/85111695208?pwd=x5pMv8crrbsPuYwefObTYbJG0m83b3.1 Meeting ID: 851 1169 5208 Passcode: 963936 1) Call to Order. 2) Roll Call. 3) Approval of minutes. 4) Discussion and possible action on the following agenda item(s): a) Public Hearing - Zoning Ordinance Amendment: proposed amendments to Chapter 106 – Zoning of the Municipal Code, specifically relating to permitted uses by conditional grant in the Highway Commercial District and the Industrial District. The proposed ordinance amendment would: • R emove “Storage buildings not used for habitation – human or animals” from the uses permitted by conditional grant in the Highway Commercial zoning district under Section 106-473 of the City of Eagle River Zoning Ordinance; and • R emove “Storage buildings not used for habitation – human or animals” from the uses permitted by right in the Industrial zoning district under Section 106-502 of the City of Eagle River Zoning Ordinance; and • A dd “Storage buildings not used for habitation – human or animals” to the uses permitted by conditional grant in the Industrial zoning district under Section 106 -503 of the City of Eagle River Zoning Ordinance. Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services or provide a video link for meetings. For additional information to request this service, please contact the City Clerk's Office at 715-479-8682 ext. 224, 525 E. Maple Street, P.O. Box 1269, Eagle River WI 54521. b) Public Hearing – Recreational Easement Request: Request by River Trail Commission/Great Headwaters Trail Foundation for a Recreational Easement, Tax Parcel 221 -187, Commencing at the Northeast Corner of Government Lot 2 of Section 32, Township 40 North Range 10 East, thence South on the East 1/8th lin e of said Section 32 to the intersection of the North line of the County Road; thence West along the North line of said County Road 4 rods; thence North and parallel with, and 4 rods distant from said 1/8th line, to the shore line of Eagle River at low wat er mark; thence Northeasterly along the shore of said Eagle River to the intersection with said 1/8th line which is the PLACE OF BEGINNING. Wisconsin Stat. § 62.22(1m) expressly authorizes a city's governing body to acquire and convey easements and other limited property interests for public purposes. c) SnoEagles Building Request: SnoEagles is requesting permission to build a new groomer shed on DPW Shop property at 1020 Bluebird to accommodate their groomers and provide better facilities for their volunteers and club members. d) Discussion Only: Discussion, review and possible amendment of proposed changes to DRAFT § 106 -273 of the Zoning Ordinance regarding stormwater management and drainage impacts from new construction. Public hearing to be scheduled according to state statute in October or November. 5) Adjournment. Robin Ginner, City Administrator August 6, 2026 A meeting of the Plan Commission of the City of Eagle River was called to order at 5:00pm by Mayor Deb Brown. Roll Call: Mary Horant, Brad Adamovich, Kim Schaffer, Adam Grassl, and Deb Brown. Alex Forer began the first five minutes of meeting via Zoom before arriving to meeting at 5:05pm. Also in attendance Robin Ginner, Becky Bolte, and Mike Sanborn. Absent: John Hletko Motion by Horant, 2 nd by Schaffer to approve the minutes of the 7-2-2026 meeting. Carried, all. a) Easement Request: Request by River Trail Commission/Great Headwaters Trail Foundation for a Recreational Easement, Tax Parcel 221-187, Commencing at the Northeast Corner of Government Lot 2 of Section 32, Township 40 North Range 10 East, thence South on the East 1/8th line of said Section 32 to the intersection of the North line of the County Road; thence West along the North line of said County Road 4 rods; thence North and parallel with, and 4 rods distant from said 1/8th line, to the shore line of Eagle River at low water mark; thence Northeasterly along the shore of said Eagle River to the intersection with said 1/8th line which is the PLACE OF BEGINNING. Wisconsin Stat. § 62.22(1m) expressly authorizes a city's governing body to acquire and convey easements and other limited property interests for public purposes. Jeff Curtin was present as a GHT volunteer and answered questions including clarification that the easement being presented is only for the city owned pumphouse property. Mike Sanborn of Eagle River Light and Water and Brad Adamovich, DPW Foreman, expressed concerns with utility maintenance causing damage to paved trail and wanted solid confirmation that ERLW / City would not be financially responsible for any repair of disturbed asphalt. Sanborn requested that the easement be written to protect the city for possible future expansion at the pumphouse and not limit ERLW from future use/development. Discussion on DOT requirement of city responsibility for snow removal from trail if located on DOT right of way. Commission requested a copy of the DOT letter stating DOT would not require the city to do snow removal from trail located in DOT right of way. Discussion. Information presented to Commission was not sufficient to make a decision. Ginner recapped information needed before bringing back to Commission; confirm all utility easements, get final easement land description, corrected property description, check if any easements are secondary easements and if they can overlap, clarify that ERLW and COER not subject to repair of any asphalt on any and all easements for the trail, DOT snow removal requirements with written waiver from DOT, map to be provided to Commissioners of all city utilities. Motion by Grassl, 2 nd by Horant to postpone until such time that Commission is able to be provided with an accurate easement description and other requested items. Carried, all. b) Discussion Only: Rezoning of properties in the city where stormwater drainage and flooding issues exist Kim Schaffer presented that with the storm water management concerns brought up with the CUP application from U-Haul, an ordinance review should be done to mitigate the problem with possible zoning code update for areas with known stormwater drainage issues. Discussion. Ginner to investigate storm water management and bring back possible solutions to Commission in September along with proposed ordinance change to remove storage units from Hwy Comm, to be allowed only in Industrial. c) Discussion regarding Detachment from the City of Eagle River: Tuff Parcel #221-1058-5801, 1020 Elm Drive, SE-SE, Sect. 33, T40N, R10E, PRT SE SE. Tuff is offering city an easement to connect two drainage channels on his property for draining Commerce Loop in exchange for detachment from the City of Eagle River. Discussion. Existing easements and deeds to be located and provided to Commission. Ginner to bring back to Commission in September. Motion by Horant, 2nd by Forer to adjourn at 6:21PM. Carried, all. Ordinance No. ________ – Storage Facilities Zoning Amendment ORDINANCE NO. ________ AN ORDINANCE AMENDING THE CITY OF EAGLE RIVER ZONING ORDINANCE REGARDING STORAGE BUILDINGS NOT USED FOR HABITATION - HUMAN OR ANIMALS WHEREAS, the City of Eagle River has adopted zoning regulations governing the location and use of land and structures within the City; and WHEREAS, the City Council finds that storage buildings not used for habitation – human or animals are more appropriately located within areas designated for Industrial uses than within the Highway Commercial zoning district; and WHEREAS, the City Council desires to amend the zoning use regulations to remove storage facilities (not for human or animal habitation) from the list of uses allowed by conditional grant in the Highway Commercial zoning district, remove such use from the list of uses permitted by right in the Industrial zoning district, and add such use to the list of uses allowed by conditional grant in the Industrial zoning district; and WHEREAS, the City Council has considered the recommendation of the Plan Commission and any public hearing or other procedures required by Wisconsin law and the City's zoning ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Eagle River, Wisconsin, as follows: SECTION 1. AMENDMENT TO HIGHWAY COMMERCIAL ZONING DISTRICT. The City of Eagle River Zoning Ordinance, Section 106-473, relating to the Highway Commercial zoning district and its uses permitted by conditional grant, is hereby amended to remove the following use: Storage buildings not used for habitation – human or animals SECTION 2. AMENDMENT TO INDUSTRIAL ZONING DISTRICT – USES PERMITTED BY RIGHT. The City of Eagle River Zoning Ordinance, Section 106-502, relating to the Industrial zoning district and its uses permitted by right, is hereby amended to remove the following use: Storage buildings not used for habitation – human or animals Ordinance No. ________ – Storage Facilities Zoning Amendment SECTION 3. AMENDMENT TO INDUSTRIAL ZONING DISTRICT – CONDITIONAL GRANT. The City of Eagle River Zoning Ordinance, Section 106-503, relating to the Industrial zoning district and its uses permitted by conditional grant, is hereby amended to add the following use to the list: Storage buildings not used for habitation – human or animals SECTION 4. NO OTHER CHANGES. Except as expressly amended by this Ordinance, all other provisions of the City of Eagle River Zoning Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY. If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unconstitutional, such determination shall not affect the validity of the remaining provisions of this Ordinance, which shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon its passage and publication as required by law. ADOPTED this _____ day of ____________________, 2026. CITY OF EAGLE RIVER, WISCONSIN ________________________________________ Debra A Brown, Mayor ________________________________________ Becky Bolte, Clerk NOTICE OF PUBLIC HEARING PROPOSED ZONING ORDINANCE AMENDMENT Posted 8/11/2026 NOTICE IS HEREBY GIVEN that the City of Eagle River Planning Commission will hold a Public Hearing on Thursday, September 3, 2026 at 5:00 P.M. at the Eagle River City Hall, 525 East Maple St, Eagle River, Wisconsin. The purpose of the Public Hearing is to consider proposed amendments to Chapter 106 – Zoning of the Municipal Code, specifically relating to permitted uses by conditional grant in the Highway Commercial District and the Industrial District. The proposed ordinance amendment would: • Remove “Storage buildings not used for habitation – human or animals” from the uses permitted by conditional grant in the Highway Commercial zoning district under Section 106-473 of the City of Eagle River Zoning Ordinance; and • Remove “Storage buildings not used for habitation – human or animals” from the uses permitted by right in the Industrial zoning district under Section 106-502 of the City of Eagle River Zoning Ordinance; and • Add “Storage buildings not used for habitation – human or animals” to the uses permitted by conditional grant in the Industrial zoning district under Section 106-503 of the City of Eagle River Zoning Ordinance. The proposed amendment is intended to provide that “Storage buildings not used for habitation – human or animals” shall be permitted by conditional grant in the Industrial zoning district and shall no longer be permitted by right in Industrial zoning district, or by conditional grant in the Highway Commercial zoning district. A copy of the proposed ordinance amendment is available for inspection at Eagle River City Hall, 525 E. Maple Street, Eagle River, Wisconsin, during regular business hours, or may be obtained from the Zoning Administrator. All interested persons will be given an opportunity to be heard regarding the proposed zoning ordinance amendment. PERPETUAL RECREATIONAL TRAIL EASEMENT AGREEMENT This Perpetual Recreational Trail Easement Agreement is made this ___ day of ______ , 2026, by and between the City of Eagle River, Vilas County, Wisconsin, hereinafter referred to as "City"; and the River Trail Commission, hereinafter referred to as "Commission"; WHEREAS, City owns real property located in the City of Eagle River more particularly described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, Commission desires to acquire a permanent and perpetual exclusive recreational trail easement over, across and through a certain portion of property as shown on Exhibit B attached hereto and incorporated herein by reference with the right of entry in and across the property; and WHEREAS, City desires to provide a recreational trail easement to enhance tourism in this area; NOW, THEREFORE, in consideration of the promises contained herein, THE CITY AND COMMISSION AGREE AS FOLLOWS: 1. Recitals. The above-referenced recitals are correct and hereby incorporated by reference. 2. Grant of Easement. City grants and conveys unto Commission a permanent, exclusive recreational trail easement over, across and through that portion of the real estate owned by City for the construction, operation, use, maintenance, repair, and reconstruction of a recreational trail specifically for the purposes of hiking and a bike path. It should also be noted that the City of Eagle River Light & Water has lines beneath Exhibit A and should the City of Eagle River Light & Water Department be required to maintain or reconstruct their water lines, Light & Water shall not be responsible for any damaged trail infrastructure except for any asphalt or concrete surface but shall return the area to the condition it was in prior to any disturbance of the surface. 3. Right of Entry. City consents to the entry by the servants, employees, workers, agents, or independent contractors of Commission for and incidental to the construction, operation, use, maintenance, repair, and reconstruction of the easement area and entry by the general public for use of the recreational trail, but reserves the right to make such use of the land included in the easement area which will not disturb or interfere with such recreational trail or prevent ingress or egress thereto for the purpose of construction, operation, use, maintenance, repair, or reconstruction thereof. 4. Interference. Commission shall submit plans for the construction of the bike trail over Exhibit A to the City for their comment, alteration or modification. 1 Double checking w/ Garbowicz on t his language. - RCG 221-178 221-180 221-181-01 221-182 221-184 221-185-05 221-186 221-186-01 221-187 221-187-04221-187-05 221-187-09 221-187-10 221-188-001 221-188-002 221-188-005 221-188-008 221-188-009 221-188-011 221-188-013 221-188-015 221-188-016 221-188-017 221-188-020 221-188-021 221-188-022 221-188-024221-188-030 730 700 133 910 815 822 A&B 838 836 740 A 740 B 740 C 740 D 741 B 741 C 741 D 741 812 A 812 B 812 C 812 D Park St W Pine St W Pine St Enterprise Way W Pine St Park St R iv e r E d g e State Highway 70 6 12 8 BH106 AR309 HYD 244 HYD 243 HYD 182 HYD 199 HYD 201 HYD 8 MV 351 MV 358 MV 353 MV 352MV 354 MV 217 MV 350 MV 349 MV 348 MV 21 MV 307 MV 308 MV 433 MV 439 City Well Property and Adjoining Area MSA Professional Services, Created by Vilas County Mapping Department, Vilas County Land Information Department 8/17/2026, 10:33:35 AM 0 0.02 0.040.01 mi 0 0.03 0.060.01 km 1:1,725 1 Robin Ginner From: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Sent: Thursday, May 7, 2026 8:21 AM To: Robin Ginner; mike maierle Cc: Gary Meister; Meurett, David - DOT; Jaecks, Stephanie - DOT; Handrick, Richard - DOT Subject: RE: DOT snow removal correspondence with GHTF Follow Up Flag: Flag for follow up Flag Status: Completed Dear Ms. Ginner The WisDOT NC Region reviewed the City’s request regarding winter maintenance of the proposed multi-use path along WIS 70 from WIS 17 south to Park Street. We decided not to impose a requirement for winter maintenance at this time. The Region has the authority at any time to update the conditions of the permit if safety issues arise, complaints are received about winter maintenance, and/or a new state statute or department policy is adopted requiring winter maintenance of paths. If the need arises due to these circumstances, the Region will notify the City in writing, including our expectations for maintaining the path during the winter months. The winter maintenance expectations and conditions will be identified on the state highway connection permit and Memorandum of Agreement (MOA) for allowing the path on state highway right-of-way. Please let me know if you have any additional questions. Rich Handrick, PE WisDOT Access and Traffic Impact Analysis Engineer North Central Region 715-365-5716 richard.handrick@dot.wi.gov From: Robin Ginner <rcginner@eagleriverwi.gov> Sent: Thursday, April 02, 2026 11:25 AM To: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov>; mike maierle <mscottmaierle@gmail.com> Cc: Gary Meister <garymeisterg@gmail.com>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 2 Hi Richard – I haven’t heard anything about the outcome of the bicycle/pedestrian coordinator’s meeting. Do you have any updates regarding our request to defer snow removal to the individual municipalities? I appreciate any information I can share with our River Trail Commission. Thanks, Robin Robin Ginner City Administrator City of Eagle River Note my new email address: rcginner@eagleriverwi.gov Elected Officials and Members of City Committees: In order to comply with Open Meetings Act Requirements, please limit any reply to only the sender of this electronic communication. Please be aware that written communication, emails and faxes are generally considered open public records. From: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Sent: Friday, March 13, 2026 8:49 AM To: Robin Ginner <rcginner@eagleriverwi.gov>; mike maierle <mscottmaierle@gmail.com> Cc: Gary Meister <garymeisterg@gmail.com>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov>; Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF Good morning Robin, We understand the concern and are elevating the question to other areas of the department to gain additional information and clarification. We have a statewide WisDOT bicycle/pedestrian coordinator’s meeting scheduled next week, and this item will be on the agenda. I’m out of office next week, but Dave Meurett is our NCR Region representative for that group. I would expect you will hear back from us regarding the outcome of that discussion, either late next week, or the week after. Thank you, Rich Handrick, PE WisDOT Access and Traffic Impact Analysis Engineer North Central Region 715-365-5716 richard.handrick@dot.wi.gov From: Robin Ginner <rcginner@eagleriverwi.gov> Sent: Thursday, March 12, 2026 2:07 PM 3 To: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov>; mike maierle <mscottmaierle@gmail.com> Cc: Gary Meister <garymeisterg@gmail.com>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Handrick, Thank you for your letter dated October 8, 2025, regarding our inquiry about winter maintenance for the proposed multi-use trail along WIS 70 from WIS 17 South to Park Street (the “proposed trail”). We appreciate your thoughtful response and the clarification that the Wisconsin Department of Transportation (WisDOT) may consider requiring winter maintenance if there is a high density of nearby commercial and residential development likely to generate year-round pedestrian and bicycle use. After discussing this matter with the River Trail Commission, the City of Eagle River, and representatives of the trail sponsor, Great Headwaters Trail Foundation, we respectfully request that WisDOT not impose a winter maintenance requirement for the proposed trail as part of any future state highway connection permits. Eagle River’s population of approximately 1,600 residents typically declines in winter due to seasonal migration, resulting in limited demand for walking or biking on the proposed trail during colder months. This aligns with usage patterns on the 52-mile Heart of Vilas County Trail (HOVCT), which passes through similar communities—St. Germain, Sayner, Boulder Junction, Manitowish Waters, and Mercer—and sees minimal winter activity. To our knowledge, WisDOT has not required winter maintenance on any section of the HOVCT. Likewise, the Iron County Outdoor Recreation Enthusiasts (ICORE) are planning a 10-mile extension from Mercer to Winchester, and the Iron County Highway Commission has requested to forego winter maintenance so the trail can be used for snow storage. The City of Eagle River shares this perspective, especially since the proposed trail is expected to cross private property through usage agreements. We would prefer not to push snow into the driveways, parking lots, or yards of our private landowners, and therefore seek flexibility in managing the trail during winter. Section 4.5 of the WisDOT Transportation Alternatives Program (TAP) Guidelines outlines two scenarios where winter maintenance may be considered: if the trail serves as a Safe Route to School (SRTS), or if it is expected to support year-round commuting. Neither condition applies to the proposed trail. It is not designated as an SRTS, and the density of development along the corridor is low—fewer than 10 residential or commercial properties per mile. The commercial establishments are primarily small, family-run businesses with limited staffing, making regular commuting via the trail unlikely. Again, this mirrors the HOVCT, which sees little to no winter commuting activity. The Wisconsin Bicycle Facility Design Handbook (Appendix A.4) recommends that decisions regarding winter use and snow removal frequency be made by the local municipality, based on anticipated pedestrian and bicycle activity as well as potential liability. In alignment with this guidance, the City of Eagle River—along with our partner municipalities, the Towns of Cloverland and St. Germain—would prefer to retain local discretion in determining whether winter maintenance is appropriate, considering actual demand and available resources. We sincerely appreciate your engagement on this topic and your continued support of trail development in our region. We would welcome the opportunity to discuss this further with WisDOT and work collaboratively to find a solution that meets the needs of both the municipalities and the Department. Should your schedule allow, we 4 would welcome the opportunity to meet and discuss this further, and to address any questions or concerns you may have. On behalf of the City of Eagle River and the River Trail Commission. Kindest regards, Robin Robin Ginner City Administrator City of Eagle River 525 E. Maple Street, PO Box 1269 Eagle River, WI 54521 Note my new email address: rcginner@eagleriverwi.gov Office: 715-479-8682, Ext 227 Cell: 715-525-2666 Elected Officials and Members of City Committees: In order to comply with Open Meetings Act Requirements, please limit any reply to only the sender of this electronic communication. Please be aware that written communication, emails and faxes are generally considered open public records. From: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Sent: Thursday, October 9, 2025 7:31 AM To: Robin Ginner <rcginner@eagleriverwi.gov>; MIchael Robillard <michaelrobillard@att.net> Cc: Gary Meister <garymeisterg@gmail.com>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov>; Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF Good morning Robin, Please see the attached letter that states WisDOT’s position regarding winter maintenance on WisDOT permitted bike/ped trails. Let me know if you have any questions or need anything additional. Thank you, Rich Handrick, PE WisDOT Access and Traffic Impact Analysis Engineer North Central Region 5 715-365-5716 richard.handrick@dot.wi.gov From: Robin Ginner <rcginner@eagleriverwi.gov> Sent: Friday, October 03, 2025 9:22 AM To: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov>; MIchael Robillard <michaelrobillard@att.net> Cc: Gary Meister <garymeisterg@gmail.com>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. I look forward to hearing from you. Thanks, Robin Robin Ginner City Administrator City of Eagle River Note my new email address: rcginner@eagleriverwi.gov Elected Officials and Members of City Committees: In order to comply with Open Meetings Act Requirements, please limit any reply to only the sender of this electronic communication. Please be aware that written communication, emails and faxes are generally considered open public records. From: Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Sent: Thursday, October 2, 2025 3:26 PM To: Robin Ginner <rcginner@eagleriverwi.gov>; MIchael Robillard <michaelrobillard@att.net> Cc: Gary Meister <garymeisterg@gmail.com>; Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov>; Meurett, David - DOT <David.Meurett@dot.wi.gov>; Jaecks, Stephanie - DOT <Stephanie.Jaecks@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF Robin, I will discuss internally with other staff and we will be in touch. Thanks, Rich 6 Rich Handrick, PE WisDOT Access and Traffic Impact Analysis Engineer North Central Region 715-365-5716 richard.handrick@dot.wi.gov From: Robin Ginner <rcginner@eagleriverwi.gov> Sent: Thursday, October 02, 2025 10:28 AM To: MIchael Robillard <michaelrobillard@att.net> Cc: Gary Meister <garymeisterg@gmail.com>; Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Subject: RE: DOT snow removal correspondence with GHTF CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Mike. Richard – I wanted to follow up on the requested letter on DOT letterhead clarifying the snow removal requirements for bike/ped trails along state highway that are on private property, and not paid for by TAP or other DOT grant funds. Please let me know when we can expect that letter of clarification with state statutes documented. I appreciate your help. Thanks, Robin Robin Ginner City Administrator City of Eagle River Note my new email address: rcginner@eagleriverwi.gov Elected Officials and Members of City Committees: In order to comply with Open Meetings Act Requirements, please limit any reply to only the sender of this electronic communication. Please be aware that written communication, emails and faxes are generally considered open public records. From: MIchael Robillard <michaelrobillard@att.net> Sent: Thursday, October 2, 2025 10:06 AM To: Robin Ginner <rcginner@eagleriverwi.gov> Cc: Gary Meister <garymeisterg@gmail.com>; Handrick, Richard - DOT <Richard.Handrick@dot.wi.gov> Subject: Re: DOT snow removal correspondence with GHTF 7 Hi Robin, Our contact there is Rich Handrick. While I don’t have his phone number, his email is Richard.Handrick@dot.wi.gov Thanks, Mike Michael Robillard Executive Director - Tara Lila, LLC / Mushy Lake, LLC 920-312-8937 On Oct 2, 2025, at 8:16 AM, Robin Ginner <rcginner@eagleriverwi.gov> wrote: Good morning, Gentlemen – I haven’t heard anything from the DOT on a letter regarding the snow removal statues. Can one of you remind me who our contact is so I can reach out to him? Thanks, Robin Robin Ginner City Administrator City of Eagle River Note my new email address: rcginner@eagleriverwi.gov Elected Officials and Members of City Committees: In order to comply with Open Meetings Act Requirements, please limit any reply to only the sender of this electronic communication. Please be aware that written communication, emails and faxes are generally considered open public records. From: MIchael Robillard <michaelrobillard@att.net> Sent: Thursday, March 13, 2025 10:40 AM To: Robin Ginner <rcginner@eagleriverwi.gov> Cc: Gary Meister <garymeisterg@gmail.com> Subject: DOT snow removal correspondence with GHTF Hi Robin, 8 Attached is a copy of past correspondence between Gary and Dave Meurett at WisDOT regarding snow removal on bike-ped trails. We’re wondering if you’d have availability to meet some time next week to talk it through as it pertains to the Trail Care Plan for the River Trail. My own availability for next week is Monday afternoon Tuesday all day Friday all day Please let me know if any of theses time slots work with your schedule. Gary, please do the same. Thanks, Mike Michael Robillard Executive Director - Tara Lila, LLC / Mushy Lake, LLC President - Three Eagle Trail Foundation, Inc. Secretary - Great Headwaters Trails Foundation, Inc. 920-312-8937 ORDINANCE NO. ______ DRAFT FOR DISCUSSION ONLY AN ORDINANCE AMENDING SECTION 106-273 OF THE CITY OF EAGLE RIVER ZONING ORDINANCE REGARDING DRAINAGE AND STORMWATER MANAGEMENT WHEREAS, the City of Eagle River recognizes that development, redevelopment, construction, grading, paving, and other land-disturbing activities may alter existing drainage patterns and increase stormwater runoff; and WHEREAS, changes in drainage patterns or increases in stormwater runoff may result in flooding, ponding, erosion, sedimentation, or other adverse impacts to neighboring or downstream properties; and WHEREAS, Wis. Stat. § 281.33 authorizes municipalities to regulate construction-site erosion control and stormwater management and requires municipal regulations to conform to applicable uniform statewide standards; and WHEREAS, the Wisconsin Department of Natural Resources has established statewide performance standards for construction-site erosion control and post-construction stormwater management under Wis. Admin. Code ch. NR 151 and related provisions; and WHEREAS, the City Council finds that development within the City should be designed and constructed in a manner that protects neighboring and downstream properties from adverse stormwater impacts while maintaining consistency with applicable state law and administrative rules; and WHEREAS, the City Council further finds that minor development and typical one- and two- family residential construction should not be subject to the same level of stormwater review as larger development, provided such development does not create an adverse drainage impact; NOW, THEREFORE, the City Council of the City of Eagle River, Wisconsin, does ordain as follows: SECTION 1. AMENDMENT OF § 106-273 Section 106-273 of the City of Eagle River Zoning Ordinance is hereby amended to read in its entirety as follows: § 106-273. Drainage and Stormwater Management. A. Purpose. The purpose of this section is to regulate stormwater drainage associated with development and redevelopment in order to: 1. Protect neighboring and downstream properties from adverse drainage impacts; 2. Prevent increases in flooding, ponding, erosion, sedimentation, and uncontrolled stormwater runoff; 3. Maintain existing drainage patterns to the maximum extent reasonably practicable; 4. Protect public drainage facilities and receiving waters from excessive stormwater runoff; and 5. Implement applicable state requirements relating to construction-site erosion control and post-construction stormwater management. B. Applicability. 1. Construction-Site Erosion Control. Construction activities that meet the applicable thresholds established by Wis. Stat. § 281.33 and Wis. Admin. Code ch. NR 216 shall comply with all applicable state and City requirements for construction-site erosion and sediment control. 2. The construction-site erosion-control requirements apply to activities meeting applicable state thresholds, including land-disturbing activity affecting 4,000 square feet or more, excavation or filling involving 400 cubic yards or more, qualifying street, highway, road, or bridge construction, underground utility work of 300 feet or more, and activities requiring subdivision plat or certified survey approval, as provided by Wis. Stat. § 281.33. 3. Post-Construction Stormwater Management. The post-construction stormwater management requirements of this section shall apply to development meeting the applicable thresholds established under Wis. Stat. § 281.33, Wis. Admin. Code ch. NR 151, and related state requirements, including: a. Residential development with a gross aggregate area of five acres or more; b. Residential development with a gross aggregate area of three acres or more and at least 1.5 acres of impervious surface; c. Development other than residential development with a gross aggregate area of three acres or more; or d. Development of any size that is reasonably likely to result in stormwater runoff that exceeds the safe capacity of existing drainage facilities or a receiving body of water, causes undue channel erosion, increases water pollution through scouring or transportation of particulate matter, or endangers downstream property. 4. Development that is part of a larger common plan of development or sale shall be evaluated based upon the larger common plan when determining applicability. C. Exemptions. The following development shall generally be exempt from the post-construction stormwater management requirements of this section, provided the development does not meet the applicability requirements of subsection B.3(d) and is not part of a larger common plan of development or sale: 1. Construction of a one- or two-family dwelling and customary accessory structures associated with that dwelling where the project results in less than one acre of land disturbance; 2. Minor additions, accessory structures, decks, patios, driveways, and similar improvements that do not meet the applicable thresholds established in subsection B; 3. Routine maintenance, repair, or replacement of existing improvements that does not materially alter existing drainage characteristics; and 4. Other minor development determined by the Zoning Administrator to have no reasonable potential to create an adverse stormwater impact on neighboring or downstream property. An exemption from post-construction stormwater management requirements shall not authorize any person to redirect, concentrate, or discharge stormwater in a manner that creates an adverse impact on neighboring or downstream property. Nothing in this subsection exempts a property owner or developer from any erosion-control, stormwater, building, plumbing, wetland, floodplain, or other requirement imposed by state or federal law. D. Protection of Neighboring Properties. All development subject to this section shall be designed and constructed so that stormwater generated by the development does not create or increase an adverse impact on neighboring or downstream properties. Development shall, to the maximum extent practicable and consistent with applicable state law: 1. Maintain existing drainage patterns; 2. Avoid increasing the quantity, velocity, concentration, or rate of stormwater runoff onto neighboring or downstream property; 3. Avoid redirecting or concentrating stormwater onto neighboring or downstream property in a manner that did not exist prior to development; 4. Avoid causing or increasing flooding, ponding, erosion, sedimentation, or other drainage problems on neighboring or downstream property; 5. Avoid directing stormwater toward a neighboring building, structure, driveway, septic system, or other improvement in a manner that creates or increases an adverse impact; and 6. Provide for the management of stormwater on the development site whenever reasonably practicable. The approval of a development, building permit, zoning permit, site plan, grading plan, or stormwater management plan shall not authorize a property owner to create an adverse drainage impact on neighboring or downstream property. E. Stormwater Management Standards. Development subject to the post-construction requirements of this section shall comply with the applicable performance standards established under Wis. Admin. Code ch. NR 151 and related Wisconsin Department of Natural Resources requirements. Stormwater management shall address, as applicable: 1. Water Quality. Reduction of total suspended solids and other pollutants in accordance with applicable state performance standards; 2. Peak Discharge. Maintenance or reduction of post-development peak runoff rates to applicable pre-development levels for the required design storm events; 3. Infiltration. Infiltration of stormwater runoff in accordance with applicable state performance standards and site conditions; 4. Protective Areas. Protection of applicable protective areas adjacent to lakes, streams, rivers, wetlands, and other water resources; and 5. Drainage and Flooding. Management of stormwater so that the development does not create or increase an adverse drainage or flooding impact on neighboring or downstream property. The Wisconsin Department of Natural Resources technical standards, or successor standards, shall be used where applicable in the design, installation, and maintenance of stormwater management practices. The DNR maintains approved technical standards for practices including infiltration basins, infiltration trenches, rain gardens, vegetated swales, permeable pavement, and detention facilities. F. Stormwater Management Plan. For development subject to this section, the City may require the applicant to submit a stormwater management plan prepared in accordance with applicable state requirements. The plan shall contain sufficient information for the City to determine whether the proposed development complies with this section and applicable state standards and may include: 1. Existing and proposed site grades; 2. Existing and proposed drainage patterns; 3. Existing and proposed impervious surface areas; 4. Existing and proposed stormwater runoff volumes and peak discharge rates; 5. Proposed stormwater management facilities and best management practices; 6. Proposed discharge locations and methods; 7. The location of neighboring properties and existing drainage facilities that may be affected by the development; 8. Applicable calculations demonstrating compliance with state stormwater performance standards; and 9. Other information reasonably necessary to determine compliance with this section. The City may require that a stormwater management plan be prepared or certified by a professional engineer, land surveyor, or other qualified professional when reasonably necessary. G. On-Site Stormwater Management. Stormwater generated by development subject to this section shall be managed on the subject property whenever reasonably practicable. Approved stormwater management measures may include, but are not limited to: 1. Infiltration areas; 2. Rain gardens or bioretention facilities; 3. Detention or retention facilities; 4. Infiltration basins or trenches; 5. Vegetated swales; 6. Permeable pavement or other pervious surfaces; 7. Grading and drainage improvements; 8. Berms or other approved site improvements; and 9. Other practices approved by the City and consistent with applicable Wisconsin Department of Natural Resources technical standards. H. Existing Drainage Conditions. Nothing in this section shall be interpreted to require a property owner to eliminate lawful drainage conditions that existed prior to development. Where development changes the existing drainage characteristics of a property, however, the property owner shall be responsible for implementing reasonable measures necessary to prevent the development from creating or increasing an adverse impact on neighboring or downstream properties. I. Redevelopment. Redevelopment projects shall comply with applicable state and local stormwater management requirements. Where an existing developed property is redeveloped, the City may require improvements to existing drainage or stormwater management facilities when reasonably necessary to address an existing or anticipated flooding or drainage problem caused or exacerbated by the redevelopment. Nothing in this section shall be interpreted to require the elimination of lawful existing drainage conditions solely because a property is being redeveloped. J. Maintenance of Stormwater Facilities. Stormwater management facilities required under this section shall be properly operated and maintained by the property owner or other responsible party. The City may require a maintenance plan or agreement for stormwater management facilities when reasonably necessary to ensure their continued operation. The property owner shall maintain stormwater management facilities in accordance with the approved plans and applicable maintenance requirements. The City may require reasonable corrective measures if a stormwater management facility is not maintained or is no longer functioning as designed. K. Corrective Measures. If the City determines that development has resulted in an adverse stormwater impact on neighboring or downstream property, the property owner shall be responsible for taking reasonable corrective measures necessary to eliminate or mitigate the adverse impact. Corrective measures may include, but are not limited to: 1. Regrading; 2. Installation or modification of drainage improvements; 3. Installation or modification of stormwater management facilities; 4. Installation of swales, berms, or other drainage controls; 5. Modification of impervious surfaces; or 6. Other reasonable measures approved by the City. Nothing in this subsection authorizes the City to require stormwater retention or infiltration in excess of limitations established by Wis. Stat. § 281.33. L. State and Federal Requirements. Compliance with this section does not relieve any person from compliance with applicable federal or state requirements, including requirements administered by the Wisconsin Department of Natural Resources. Where another federal, state, county, or City regulation imposes a more stringent requirement that is legally applicable to the development, the more stringent requirement shall apply to the extent permitted by law. The requirements of this section shall be administered and interpreted in a manner consistent with Wis. Stat. § 281.33 and applicable provisions of Wis. Admin. Code chs. NR 151, NR 152, and NR 216. M. Enforcement. A violation of this section shall be subject to the enforcement provisions and penalties established elsewhere in the City of Eagle River Municipal Code. Each day that a violation continues may constitute a separate violation. SECTION 2. CONFLICTING PROVISIONS All ordinances, resolutions, or portions thereof inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. SEVERABILITY If any provision of this ordinance is determined to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions. SECTION 4. EFFECTIVE DATE This ordinance shall take effect upon passage and publication as required by law. Adopted this ____ day of ______________, 2026. CITY OF EAGLE RIVER _______________________________________ Mayor _______________________________________ City Clerk