Planning, Zoning & Land Records Committee


DATE: February 10, 2009

Committee Members Present: Ashford, Gaalswyk, Lehman, Cassity, and Netzinger.

Others Present: Mark Steward, Mary White, Pat Dederich, Brian Simmert, Brent Bailey, Steve Pate and others.

Vice Chairman Lehman called the meeting to order and staff certified compliance with the open meeting law.

Motion by Cassity, seconded by Netzinger to take Steve Pate report when he joined the Committee, hold off on a decision on the Gibson request, strike the Planning and Zoning annual report and rearranging the agenda order by taking "e" under "6", Business items. Motion by Netzinger, seconded by Cassity to approve the amended agenda. Motion carried, 4-1, with Gaalswyk in opposition.

Motion by Ashford, seconded by Netzinger to approve the minutes of the January 27, 2009 meeting. Motion carried, 5-0.

Public Comment: None

Communications: Gaalswyk distributed a letter he had received by Jim Birkemeier regarding his sawmill. Operation of his mill is considered a violation. Gaalswyk stated he believes it is a cottage industry. Discussion followed. This item to be included on next meeting agenda for discussion.

Mark Steward informed the Committee that the 90 day appeal period for the new FEMA maps would be up on March 24, 2009. The maps are available for review in the Planning and Zoning office. Steward will do a press release.

Steward notified the Committee of a borrow site at the intersection of Bunker Hill and County Road A. This site was opened up for materials needed in the County Road A repair project. That project is done and they are still using the site. There has been no permits issued for this site. Cassity requested to be made aware of the status of this site at the next meeting.

Business items: None, this probably doesn't need to be included on agenda each month.

Steve Pate, Mapping Department, appeared. He briefly gave his monthly report. Previous issues as well as upcoming activities were reviewed.

Land Records Modernization vouchers in the amount of $71,343.88 were reviewed. Motion by Ashford, seconded by Cassity to approve the vouchers in that amount. Motion carried, 5-0.

Dave Tremble joined the Committee to discuss a request to allow a division of land protected by a conservation easement owned by Charles and Judy Gibson. He gave the Committee some background information. In November the owners requested permission to subdivide their property into two parcels. They want to sell 30 acres. Any subdivision has to be with county approval. The Baraboo Range Commission directed Tremble to contact the Town of Freedom. The Town of Freedom meets tonight. Discussion followed. Larry Phelps, representing the town planning commission, gave the town's status on the division. The town has no particular problems with the division. The property owners received payment for the entire parcel and the request seemed contrary to original easement. The easement is protected no matter who owns it. The Town Board has no review authority, but the Committee will wait until next meeting to make a decision.

Brent Bailey, Register of Deeds, appeared and gave his monthly report. The position in his office has not been filled yet. He is waiting to see how the future work load goes. He stated that Landshark accounts were up. Foreclosures and timeshares were discussed. Department vouchers were reviewed in the amount of $4,420.60. Motion by Gaalswyk, seconded by Ashford to approve payment. Motion carried, 5-0.

Pat Dederich, County Surveyor, then appeared. The Committee asked if the monumentation contracts were completed satisfactorily. He stated they were and he was preparing for the next set of contracts. Only qualified bidders were included. Contracts and location has not been determined. Payment for these contracts was coming out of the land records modernization fund. The motion postponing action on raising the hourly rate for duties over and above the salaried surveyor's position was discussed. Dederich reported that the Corporation Counsel stated it was not appropriate for the Committee to take action on this request. Motion by Ashford, seconded by Netzinger to withdraw the motion to take action on the surveyor's request. Motion carried, 5-0.

The surveyor had no vouchers.

The Planning and Zoning Department had no vouchers.

Mark Steward then appeared and gave the departmental report. The GIS position was placed on hold for 6 months. The work is not getting done. Training of existing staff, or using current Mapping Department staff was discussed. Contracting this out or getting a GIS intern was discussed, but continuity would be lost. Aaron Hartman could possibly do some things.

Steward reported that a February 25 meeting with septic pumpers had been scheduled. Eight of the nine municipalities have made payments on comprehensive plans. One community that would be paying after March will be included in 2009 budget. Permits, BOA, certified surveys and flood plain maps were discussed. The 2008 year-to-date budget was reviewed. Cassity requested that this information be presented to the Finance Committee.

Livestock siting ordinance was then discussed. Local rules were needed. Siting large scale operations was discussed. It was suggested that Planning and Zoning would be the approving authority and land conservation would work on plans. When the comprehensive plans are done there could be staff available to work on this ordinance. Realistically there was no time available in 2009. The Committee decided to go forward, but slowly.

Motion by Ashford, seconded by Gaalswyk to have staff attend the National On-Site Wastewater Recycling Association seminar in Milwaukee on April 6th through the 9th. Motion carried, 5-0.

Public Hearing -

Vice Chair Lehman called the hearing to order, gave the procedure to be followed and the Committee introduced themselves.

The first petition to be heard was Petition # 14-2008.A petition to amend Chapter 22 Sauk County Land Division and Subdivision Regulations ordinance relative to access for new lot creation and Chapter 7 Sauk County Zoning Ordinance relative to permit issuance and Planning & Zoning Department functions.

Brian Simmert appeared and reviewed the amendments requested to Chapter 22.

Woody Anderson, Town of Excelsior, spoke in favor. He didn't see any problems with the revisions and the intent was reasonable.

Jerry Schmidt, Town of Spring Green, spoke in favor. He stated these amendments clear up problems the Town of Spring Green has found in working on their own land division ordinance.

Mike Clark, as interest may appear, had questions on lot frontage.

Seeing no one else wished to speak on the amendments to Chapter 22 the public portion of the hearing was closed at 11:20.

Discussion followed. Motion by Gaalswyk, seconded by Ashford to approve the amendments to Chapter 22. Cassity wanted it more spelled out in the ordinance. There were conditions in the County that needed to be grandfathered in. Accesses and easements were discussed. Cassity wanted to take a closer look at the ordinance.

Simmert appeared again. Certified survey lots were discussed. Previously approved surveys would be considered legal nonconforming. Gaalswyk stated that his motion was premature.

Mark Steward then appeared. He addressed some of the questions the Committee had. He stated that this process was started in October of 2008. Staff met with a group of surveyors to draft the amendments. The ordinance did not authorize the department to sign surveys with access easements. With the amendments this would be legal with the ordinance and defensible in court. Changing the wording "nonexclusive access" to say "access easement" was discussed.

Simmert appeared and gave a short history and explanation of the Chapter 7, Sauk County Zoning Ordinance, amendments and noted additional changes.

Assessed and appraised values were discussed. The expiration time on permits was reviewed. People should be encouraged to get projects done. Netzinger would like these changes to go before the Town's Association.

Jerry Schmidt, Town of Spring Green, spoke of better control of building. He understood requiring permits for structures over $1000.00.

Junior Gurgel, Town of Excelsior, stated that the amount of $1,000.00 needed to be raised.

Mike Clark, Town of Excelsior. Would like $1,000. raised to $2,500. as appraised value.

Seeing no one else wished to speak regarding amendments to Chapter 7, the public portion of the hearing was closed at 11:50.

Motion by Gaalswyk, seconded by Ashford to approve the changes to Chapter 22, because the changes are actually how the County was operating. Netzinger stated there needs to be more changes. Gaalswyk stated there will be many changes in the future. Discussion followed. The motion was called and carried, 3-2, with Cassity and Netzinger in opposition.

Motion by Gaalswyk, seconded by Netzinger to approve changes to Chapter 7. Discussion followed. Motion by Gaalswyk, seconded by Netzinger to change the amount of $1,000.00 to $5,000.00. Steward appeared and discussion followed regarding changing the $1,000.00 figure. Having the department pay for appraisals was discussed. Steward would do research into permits for structures. Motion by Ashford, seconded by Gaalswyk to postpone Chapter 7 revisions, motion carried, 4-1 with Gaalswyk in opposition,

The next item to be discussed was Petition 1-2009. A petition to rezone certain lands in the Town of Prairie du Sac, County of Sauk, Wisconsin, from an Exclusive Agricultural to an Agricultural Zoning District. Lands are owned by Merton & Genevieve Von Wald. Lands to be affected by the proposed rezone are located in Section 29, T10N, R6E, Town of Prairie du Sac, Sauk County, Wisconsin. Said parcel to be rezoned contains 10.50 acres more or less.

Brian Simmert gave the background on the request and recommendation of approval.

Dick Marino, representing the Kraemer Company, spoke in favor. He gave the details of the request and stated that the quarry on this property had been in existence for 50 years. They will be going to the BOA for a special exception permit. Reclamation plans were discussed. There will be two retention areas for storm water.

Mark Sander, representing the Kraemer Company, registered in favor.

Ronald Lins, Town of Prairie du Sac Chair, registered as interest may appear. He stated the Town Board approved the process and had a good working relationship with the Kraemer Company. Having a quarry in the township was beneficial.

The public portion of the hearing was closed at 12:25 P.M.

Motion by Ashford, seconded by Gaalswyk to approve the request to rezone the property owned by Merton and Genevieve Von Wald from Exclusive Agricultural to and Agricultural Zoning District. Motion carried, 5-0.

Motion by Gaalswyk, seconded by Ashford to adjourn until February 24, 2009. Motion carried, 5-0.

Respectfully submitted,

Judy Ashford, Secretary

Notes by mary white.