Date: January 27, 2004
Committee Members Present: Ashford, Lehman, Cassity, and Wiese
Committee Member Absent: Sprecher
Others Present: Gurney, White, Brenson, Darlene Hill, Reggie Jaquish, Lowell Haugen, Brian Simmert, Rick Richards and Bill Blumer.
Mr. Gurney requested that discussion with Team Engineering be added to the agenda under communications. Motion by Cassity, seconded by Ashford to adopt the agenda with the addition to communications. Motion carried.
Motion by Ashford, seconded by Cassity to approve the minutes of the January 13, 2004, Planning, Zoning and Land Records Committee meeting. Motion carried.
Motion by Cassity, seconded by Wiese to carry approval of the minutes from the special meeting on January 23, 2004 over to the next meeting. Motion carried.
Communications: Mr. Reggie Jaquish, representing Team Engineering, briefly updated the Committee regarding items discussed at the January 23, 2004 Committee meeting. Mr. Jaquish stated that the software he was using supports different coordinates than the county was using. WISCON software was suggested, which he was now using with good results. He stated that they were still in the process of looking for a consultant if they should need one.
Mr. Cassity asked who had the expertise to speak for the county as Mr. Filus, the County Surveyor, was not in attendance. Ms. Ashford asked about state plane coordinates. Mr. Brenson explained. Discussion followed regarding conversions and WISCON software. Mr. Jaquish stated that he would have something finalized for the Committee for their next meeting in February.
Mr. Cassity was still concerned because there were only 20 days left and he wanted some assurance that Team Engineering was headed in the right direction.
Business items: None
Mr. Brenson, County Cartographer, appeared and presented his voucher lists for approval. Motion by Lehman, seconded by Cassity to approve the 2003 vouchers. Motion carried. Motion by Ashford, seconded by Cassity to approve the 2004 vouchers as presented. Mr. Cassity questioned an overnight stay for mapping staff during a Land Records Conference. Mr. Brenson explained his reasons for requesting this approval. Motion carried.
The Committee then reviewed the Register of Deeds vouchers. Motion by Cassity, seconded by Ashford to approve the vouchers in the amount of $239.28. Motion carried.
Chairman Wiese called the public hearing to order at 9:35 A.M.
Mr. Wiese explained the hearing procedure and the Committee was introduced.
The first petition for review was Petition # 1-2004 - A petition by the Sauk County Planning and Zoning Department to make three amendments to Chapter 7 of the Sauk County Code of Ordinances relating to height of residential accessory structures, setbacks from livestock operations, and short-term mineral extraction operations. The primary intent of the amendment is to adjust the height limitation for residential accessory buildings outside of the shoreland areas from 15 feet to 20 feet, to amend the setbacks from livestock operations (notably for farm consolidations) and to provide provisions for short-term mineral extraction operations in various other zoning district as already provided in the Agriculture Zoning District.
Mr. Brian Simmert, Planning and Zoning Planner, appeared and gave a history and explanation of ordinance amendments.
Mr. Lehman questioned the distance of 50 feet from a barnyard to potable water in order to have a Grade A milk classification. Discussion followed on the location of the wells. Mr. Gurney stated that there were two many variables. He said this needed to be resolved but wasn't sure this was the best answer. Mr. Cassity felt they should take a long look at this issue and not make a decision today.
Discussion followed regarding fine tuning ordinance amendments and omissions.
Mr. Lehman asked about extending the time from 6 months to 12 months for short term mineral extraction operations. Discussion followed.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing.
After considerable discussion a motion was made by Lehman to approve the petition with the amendment that the livestock section be deleted at this time and that the time for short-term mineral extraction operations be extended from 6 to 12 months, motion seconded by Ashford.
Discussion followed regarding approving short term nonmetallic extraction. The wording "submitted and approved by the Planning and Zoning Office" should be replaced by "submitted and approved, in writing, by the Planning, Zoning and Land Records Committee". This change in wording would apply in all 4 districts. The motion as amended was called and carried, 3-1, with Cassity in opposition.
The second public hearing was called at 10:30 A.M.
Petition #2-2004 was a petition to rezone certain lands in the Town of Sumpter, Sauk County, Wisconsin, from an Industrial/Commercial/Multi-Family to a Commercial zoning district and from an Industrial to a Multi-Family zoning district for the purpose of creating new residential lots to be part of a proposed residential subdivision and to bring an existing business into compliance with current zoning requirements. These requests are being made jointly by Rick Richard and James Delaney for property located within the existing "Bluffview" area of the Town of Sumpter. The parcels of land affected by the rezone are located in Sections 10 and 3, T10N, R6E in the Town of Sumpter Read notice.
Mr. Brian Simmert briefly reviewed and explained each rezoning as requested. He stated that the Town of Sumpter Town Board had not yet reviewed this request. He gave the recommendation of approval with the Committee to postpone final approval until the Town of Sumpter acts on the petition.
Mr. Lehman asked about the Badger Plant sanitary system and its ownership. Mr. Simmert stated that the system was actually under used at this time and the ownership had not been determined.
Mr. Rick Richard, owner, appeared in favor. He stated that he was trying to bring the property into compliance and that a sanitary district had been formed.
Mr. Lehman asked how many acres are zoned industrial. Mr. Richard stated that 28 acres were industrial and that he was working closely with the Town of Sumpter to get this area cleaned up and possibly bring in an industrial use.
Mr. Cassity questioned a remark made by Mr. Richards regarding Native Americans. Mr. Richard responded that he was referring to the water and sanitary system at Badger.
Mr. Gurney stated that the reason the Town of Sumpter had not reviewed this petition was that there wasn't an exact legal description for the property and that the Town would take this up at their February meeting..
Mr. Lehman asked where the water supply comes from and was told there are two wells on the property and water at Badger could be a back-up.
Mr. Bill Blumer, representing Delaney's, then appeared. He stated they wanted to clean up all the zoning issues. The Committee had no questions for him.
Mr. Lance Gurney then appeared and gave the Committee more background on where the Town of Sumpter is on this issue. Mr. Lehman questioned if any of the land was farmland. Mr. Gurney stated it was not and that part of it had been used by Tom Avery as an art park.
As no one else wished to speak, the public portion of the hearing was closed.
Mr. Lehman asked the difference between industrial and commercial zoning designations.
A motion was made by Ashford, seconded by Cassity to postpone any decision until the Town of Sumpter takes action. Motion carried 4-0.
Mr. Gurney and Mr. Lowell Hagen gave a report on the latest Badger (BIG) meeting. Mr. Gurney stated that it appeared that after 30 months of negotiation we are probably back to square 1. At the last meeting the Ho-Chunk reported that they were not interested in the footprint that was negotiated and that they would not sign agreements. They wanted 1500 acres along the northern edge of the property. Some problems had apparently come between the BIA and the Ho-Chunk. Mr. Gurney didn't think there was any value in starting over. It was suggested that maybe Sauk County put some pressure on the GSA to settle this matter as soon as possible.
Mr. Haugen stated that the Ho-Chunk would not take any land that was contaminated and if they were dissatisfied with the outcome, they would probably go to court. Having the County Board take an official stance on this matter was discussed. Ms. Ashford stated this could still be put on the Board's February agenda.
The next BIG meeting was scheduled for February 26, 2004 at the Ho-Chunk casino.
The role of the GSA in this matter was discussed, as was the rail service. The decision regarding the rail service would be made prior to the disposition of the property.
Ashford and Wiese supported a resolution encouraging the GSA to move ahead on the disposal process. The method of this encouragement was discussed.
Mr. Haugen and Mr. Gurney agreed to draft a resolution for the County Board with a copy available for Corporation Counsel review.
UDC requirements were discussed. Mr. Gurney would like to send a letter out to the towns informing them that due to budget constraints this office is not interested in inspecting for the dwelling code and suggesting that they contract with a private firm or the state to do inspections. Due to the number of inspections required it was felt that this process would slow down development greatly.
A public information meeting was held last night and there seems to be no agreeable solution for an airport zoning overlay at the Tri-County Airport at this point. The office will continue to work with the airport commission to find a possible resolution.
The Committee then reviewed the end of the 2003 vouchers. Motion by Lehman, seconded by Cassity to approve the vouchers. Motion carried.
The 2004 vouchers were reviewed and a motion was made by Ashford, seconded by Cassity to approve this list also. Motion carried.
The next meeting is scheduled for February 10, 2004.
Motion by Cassity, seconded by Ashford to adjourn. Motion carried.
Respectfully submitted,
Judy Ashford, Secretary