Conservation, Planning, and Zoning Committee Meeting

January 22, 2013 CPZ Committee Meeting Minutes (42 KB)

Conservation, Planning, and Zoning (CPZ) Committee members present: J. Ashford, J. Dietz, F. Halfen, J. Lehman, D. Nobs, D. Polivka, R. Puttkamer

Others present: T. Damos, P. Dederich, Dan Frey, Dennis Frey, J. Frey, J. Godfriaux-Leystra, B. Michalek, P. Peterson, P. Pohle, T. Schabacker, B. Simmert, B. Vaillancourt, E. Unger, B. Wenzel

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 Ashford/Polivka to adopt the agenda. Motion carried, all members in favor.

Adopt minutes of previous meeting-January 10: Motion by Polivka/Halfen to adopt the minutes from the January 10 Conservation, Planning, and Zoning Committee meeting. Motion carried, all members in favor.
Public comment: None.

Communications:

a. Town of Merrimac regarding November 8: Michalek stated that minutes cannot be amended after they are approved, but we can recognize Tim McCumber’s desired statement in today’s meeting. Michalek read McCumber’s recommendation into the record: “Noted that there are some concerns with municipalities claiming economic interests in this and are not directly impacted (i.e. City of Baraboo).”

Establish 2012 90% harvest date: Peterson informed the Committee that there were no claims submitted in Sauk County. It was noted that landowners cannot claim both disaster assistance and crop damage. In order to close the 2012 books, a 90% harvest date needs to be set. Motion by Halfen/Puttkamer to set December 1 as the 2012 90% harvest date. Motion carried, all in favor.

Peterson also stated that Biologist Becky Roth’s duties are being handled by Dan Goltz and Bill Ishmael. There was discussion regarding wolves, bears, cougars, etc.

Review and approval of Conservation Reserve Enhancement Program (CREP) Contract Amendment #8: Michalek noted that approval is needed to authorize the CPZ Committee Chair to sign the contract in order for Sauk County to receive the $150,000 CREP funds by extending the contract. Background on the funds received was provided to the Committee. Motion by Polivka/Puttkammer to extend the contract. Motion carried, all in favor.

Update regarding the Sauk County Farmland Preservation Planning Process: Simmert updated the Committee regarding the first meeting with the discussion group on January 10. The next step is to hold listening sessions on January 28 and 29. The next discussion group meeting will take place on February 13 to go over the listening sessions. Hope to the have the process done by end of April.
There was discussion regarding the Agricultural Enterprise Area in Fairfield. Staff from our department will meet with landowners to explain the program.

Surveyor:

a. Department reports and updates - Dederich informed the Committee that ten remonumentations are in process with five contractors. For 2013 remonumentation contracts, the qualification process has to be defined.

b. Review and approval of vouchers - Motion by Halfen/Ashford to approve the 2012 voucher in the amount of $1,300.00. Motion carried, all in favor.

Review and possible approval of attendance at Wisconsin Land & Water Conservation Association (WLWCA) Annual Conference: Motion by Polivka/Puttkamer to approve CPZ Committee members to attend the WLWCA Conference. Motion carried, all in favor.

Review and possible approval of attendance at Agricultural Community Engagement (ACE) Workshop: Motion by Puttkamer/Ashford to approve up to two CPZ Committee members to attend the ACE Workshop. Motion carried, all in favor.

Review and possible approval of vehicle purchase: Six bids were received and the lowest bid of $21,948 for a 2013 Ford F-150 and topper was received from Glacier Valley Ford in Baraboo. Motion by Ashford/Polivka to approve the bid from Glacier Valley Ford. Motion carried, all in favor. The resolution will be brought before the full County Board on February 18.

Break from 9:50-10:00 a.m. Puttkamer did not participate in the public hearing portion of the meeting.

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

a. Petition #1-2013: A Petition filed by Daniel and Julie Frey, property owners and Dennis & Jennifer Frey, agents for a change in the zoning of certain lands from an Exclusive Agricultural to a Commercial Zoning District. The land to be affected by the proposed rezone to commercial is located in Section 24, T9N, R5E, Town of Troy. Said area to be rezoned contains 1.86 acres more or less.

Lehman called the public hearing to order at approximately 10:16 a.m. He explained the procedures for the public hearing and introduced the committee and staff members.

Simmert appeared and presented a staff report and background on the rezone. The purpose of the rezone request is to permit the addition of a commercial element to their existing and permitted cottage industry, which currently includes diesel component repair. The intended commercial element would include the offering of diesel drive-in repair services for agricultural equipment and trucks and would initially employ two full-time employees, not to exceed four. Pending the outcome of the rezone, the agents intend to acquire the two buildings and approximately three acres from the property owners and establish a separate lot to include the area zoned commercial by a certified survey. He explained they either need to go around what property the DOT owns or they could get a certified survey map of the land zoned commercial. This is a land division issue; the area needs to be contiguous which will not allow crossing the road. The rezone is only for the minimum land needed to accommodate the proposed use.
Dennis Frey, registering and appearing in favor, presented background on the area and business. He also explained their reason for being interested in expanding into the other facility and utilizing both sides of the road to operate the business.

Jennifer Frey, registering and appearing in favor, shared a large picture of the area being discussed and commented on the location and local business.

Dan Frey, registering in favor, spoke on the use of the buildings.

Bill Wenzel, registering and appearing in favor, communicated about the town meeting’s discussion regarding the commercial zoning and rezone description. Also spoke about the complicated intersection and working with DOT.

Eugene Unger, appearing in favor, spoke in favor of the Freys’ business.

Seeing no one else wished to appear, Lehman closed the public hearing portion at 10:34 a.m.

Polivka noted he is very familiar with the property and what the family has done to improve the property and are building a very successful business. There is a lot of truck traffic there.

Motion to approve the petition by Polivka/Nobs. Motion carried, all in favor. This rezone will go before full County Board for action.

b. Petition #2-2013. A Petition filed by Thomas Schabacker, property owner and William Wenzel, agent for a change in the zoning of certain lands from an Exclusive Agricultural to an Agricultural Zoning District. The land to be affected by the proposed rezone to agricultural is located in Section 8 and 17, T9N, R5E, Town of Troy. Said area to be rezoned contains 12.41 acres more or less.

Simmert appeared and presented a staff report and background on the rezone. The purpose of the rezone request is to establish three residential building lots. The proposed rezone appears to be consistent with the Town of Troy Future Land Use Map and Farmland Preservation Plan Map. There will be a shared driveway.

Bill Wenzel, registering and appearing in favor, presented the Petition #2-2012 map with contours for the record and stated that the town was fine with this petition and the active gas line is outside the area. There is a place to put the septic on Lot 3.

No questions of Tom Schabacker or comments offered.

Eugene Unger, appearing in favor, requested that as the lots are developed that Karen Reisinger and he be informed about the drainage plans.

Seeing no one else wished to appear, Lehman closed the public hearing portion at 11:00 a.m.

Ashford noted that this seems very well planned out and her concerns have been allayed.

Motion by Ashford/Polivka to approve the petition. Motion carried, all in favor.

c. Petition #3-2013. Addendum to Ordinance 4-2012. A petition to consider an extension of a temporary moratorium of development in the special flood hazard area identified in the dam failure analysis of the Lake Redstone Dam to expire on November 30, 2013 or with the adoption of Sauk County’s amended Floodplain Zoning Ordinance to include the 2012 FEMA maps and the Dam Breach Analysis, whichever comes first. Lands to be affected are located in the Towns of LaValle, Winfield and Reedsburg, County of Sauk, Wisconsin and are further described on a floodway map dated July 29, 2010 and titled, “Lake Redstone Breach Flood Zone.”

Michalek presented the staff report and stepped through the history and the current status of the FEMA maps. Discussed the consequences if not approved by the County Board.

Seeing no one wished to appear, Lehman closed the public hearing portion at 11:15 a.m.

Motion by Halfen/Ashford to adopt the ordinance. There was discussion on the difficulty to rebuild buildings in the flood zone and the different compliance requirements for cities, towns, etc. Motion carried with Ashford, Dietz, Halfen, Nobs, and Polivka in favor, Lehman opposed.

Next meeting of the Conservation, Planning, and Zoning Committee will be held at 9:00 a.m. on Thursday, February 14.

Motion by Ashford/Nobs to adjourn at 11:22 a.m. Motion carried, all members in favor.

Respectfully submitted,

Don Nobs, Secretary