Conservation, Planning and Zoning Committee

May 27, 2014 CPZ Committee Meeting Minutes (31 KB)

May 27, 2014 CPZ Committee Meeting Minutes -- Amended (31 KB)

SAUK COUNTY BOARD OF SUPERVISORS

CONSERVATION, PLANNING, AND ZONING COMMITTEE

Tuesday, May 27, 2014 – County Board Room/Gallery

West Square Building

Amended Minutes

Conservation, Planning, and Zoning (CPZ) Committee members present:  J. Ashford, J. Dietz, N. Johnson, G. Lehman, E. Peterson, D. Polivka, R. Puttkamer

Others present:  F. Behn, R. Blakeslee, T. Broughton, R. Clyde, B. Cunningham, P. Dederich, K. Felton, K. Fisher, D. Geffert, K. Heiser, S. Heiser, D. Kettner, R. Klipp, R. Kramer, M. Krueger, C. Laurenzi, T. Liebman, B. Michalek, J. Murphy, P. Pohle, C. Shanahan, M. Schober, B. Simmert

At 9:00 a.m. Chair Lehman called the Conservation, Planning, and Zoning Committee to order and certified to be in compliance with the Open Meetings Law.

Adopt agenda:  Motion by Polivka/Peterson to adopt the agenda.  Motion carried, all in favor.

Dietz and Puttkamer arrived at 9:01 a.m.

Adopt minutes of previous meeting-May 7:  Motion by Ashford/Puttkamer to adopt the minutes from the May 7 Conservation, Planning, and Zoning Committee meeting with the correction on the committee member seconding the motion for attendance at the Southern Area Association meeting.  Motion carried, all members in favor.

Public Comment:  None.

Communications: 

1. Lower Wisconsin State Riverway Master Planning Questionnaire:  Michalek reminded Committee members to complete the questionnaire.
2. Staff attended the Federal Emergency Management Agency (FEMA) floodplain maps Sauk County open house on May 21, 2014; only seven members of the public attended.
3. Copies of the May 14, 2014, email from Dederich to Blakeslee on remonumentation were provided to the CPZ Committee.
4.  Michalek briefly reviewed a letter from the American Transmission Company (ATC) on the proposed routes for the Badger Coulee Transmission Line Project. Will notify the CPZ Committee of the open house date.
5. Michalek reported on the recent Badger Oversight Management Commission (BOMC) where they approved sending out a Request for Proposal for a moderator for their group. Krueger intends to place this on the Executive and Legislative Committee meeting agenda and anticipates to follow up by putting this on a future CPZ Committee agenda.
6. Pohle informed the CPZ Committee that the Southern Area Association meeting is scheduled for Monday, June 9.  Polivka will check on his availability. Pohle and Michalek will also attend.
7. Pohle informed the CPZ Committee that Executive Director Cara Carper from Southwest Badger Resource Conservation and Development (RC&D) has asked to appear at a future CPZ Committee meeting to review the report that was provided at the last CPZ Committee meeting.
8. Lehman provided three Public Notice of Intent to Reissue a Wisconsin Pollutant Discharge Elimination System (WPDES) from the following permittees:  Hill Point Sanitary District-Hill Point, Sauk Prairie Sewerage Commission-Prairie du Sac, Devil’s Head Resort & Convention Center-Merrimac.
9. Lehman questioned what can be done with the Berkshire pigs in the creek.  Michalek noted staff have been discussing this with Corporation Counsel and will have a report on an upcoming meeting agenda.
10. Johnson mentioned a situation on Lake Redstone where a property owner is letting the grass grow up and declaring it a wetland and wondered what can be done.

County Surveyor to discuss results of a review of vendor performance regarding remonumentation work:  Dederich presented background on Blakeslee’s remonumentation work.  The CPZ Committee reaffirmed their previous approval suspending a certain surveyor, now known to be Richard Blakeslee, from the county’s bounty program and any county remonumentation programs until all past problems have been resolved.

Appearance from Richard Blakeslee regarding remonumentation projects:  Blakeslee provided background on his business and the situation in question.

Liebman stated that notice needs to be provided for the suspension including the appeal rights, then the administrative code will kick in, and Mr. Blakeslee can appeal.  Also, will need to set the length of time for the suspension. 

Discussion and possible action on a conditional use permit for a Planned Unit Development (PUD) cluster lot for Michelle Heiser located in S21,T.10N.R.4E, Town of Franklin, Sauk County pursuant to Section 7.12 of the Sauk County Code of Ordinances:  Simmert presented the staff report and noted that the Town of Franklin Town Board approved the PUD at their May 14, 2014, meeting.  Motion by Polivka/Dietz to approve the conditional use permit for a PUD cluster lot for Michelle Heiser.  Motion carried, all in favor.       

Public hearing: To begin at approximately 10:00 a.m. (Committee to consider and take possible action at the conclusion of the respective hearing)

1. Petition #4-2014.  A petition to rezone certain land located in S1, T11N. R4E, Town of Westfield, Sauk County, from an Exclusive Agriculture to an Agriculture zoning district by Robert Klipp, et al.:

Lehman called the public hearing to order at 10:04 a.m.   He explained the procedures for the public hearing and introduced the committee and staff members.

Simmert appeared and presented a staff report. The purpose of the rezone request is to make consistent a 20-acre parcel with zoning regulations that was illegally divided from the original parcel.  If the rezone is approved, the property owners will need to complete a Certified Survey Map (CSM).  The Town of Westfield recommends approval of the rezone.

Attorney Mike Schober, appearing in favor, provided background on the sale of the property and the options to get in compliance with the zoning code. The rezoning effort is the best solution.  Provided a letter from the Attorney Derek Horkan, represented Bindl and Clyde in the real estate transaction, stating that at no time was there any discussion about the Klipp property remnant being contrary to any zoning ordinance.  Could volunteer a deed restriction that will prohibit further division of the land.  Will need a Certified Survey Map. 

Tom Broughton, appearing in favor, representing the Town of Westfield Town Board.  The Town Board unanimously approved to do it this way instead of cutting up the parcels.  Do not see it being developed.

Robert Klipp, appearing in favor, provided the family’s background on the property and future plans.

Carole Laurenzi, appearing in favor, gave some family background and history. 

Robert Clyde, appearing in favor, spoke in support of the rezone.

Fred Behn, appearing as interest may appear, spoke in favor on what is being done but wants to prohibit from dividing in the future.

Dennis Geffert, registering in favor, spoke in favor of the rezone. 

Seeing no one else wished to appear, Lehman closed the public hearing at 10:49 a.m.

Committee discussed the rezone.  Motion by Polivka/Ashford to approve the rezone.  Motion carried, all in favor.   Puttkamer is unable to vote on zoning issues.

Review and possible action to not charge fees to towns, municipalities, schools: Michalek informed the CPZ Committee that since 2000, we have had 36 land use permits from governmental agencies (not including DNR) amounting to approximately $5,000.  If this is changed, we will still charge for septic permits.  Since 2000, there have been 12 Board of Adjustment (BOA) appeals and 8 Certified Survey Map reviews.  No charge for taxing jurisdictions (Parks Department, etc.), but we will still charge for schools building homes through Building and Trades classes. Also, anything needing public notice and recording fees will be charged back to the public entity making the request. Motion by Polivka/Ashford to approve the change.  Motion carried, all in favor.

Update on Chapter 7:  Michalek noted that the towns of Ironton, Winfield, Woodland, and Honey Creek have adopted the ordinance.  Franklin and Sumpter have adopted the ordinance, but we have not received their paperwork.   Discussed what happens if a town does not adopt the ordinance.

Approval of attendance on Able Trek Bus Tours/Frac Sand Mining on Friday, June 27:  Lehman will check who is hosting the tour and will report back at the next meeting.

Update on Clean Sweep on Saturday, June 7:  Pohle updated the CPZ Committee on Clean Sweep.

Discussion and possible action on future meeting dates and times:  The consensus of the CPZ Committee is to continue meeting at 9:00 a.m.  

Next meetings of the Conservation, Planning, and Zoning Committee will be held on Thursday, June 12, and Tuesday, June 24, at 9:00 a.m.  Peterson will not be able to attend the June 24 meeting.  Motion by Polivka/Johnson to adjourn at 11:30 a.m.  Motion carried, all members in favor. 

Respectfully submitted,

Dennis Polivka, Secretary