Committee Members Present: Ashford, Sprecher, Lehman, and Wiese and Cassity.
Others Present: Gurney, White, Haugen, Simmert, Tremble, Gary Kowalke, and others.
Chairman Wiese called the meeting to order at 9:00 A.M. and staff certified the meeting had been properly posted.
Motion by Sprecher, seconded by Ashford to adopt the agenda. Motion carried.
Motion by Sprecher, seconded by Lehman to approve the minutes of the February 10, 2003 Committee meeting. Motion carried.
Communications: Mr. Gurney called the Committee's attention to the memo he had received regarding Sauk County's Comprehensive Planning Grant approval.
A memo also approving the 2004 Wisconsin Fund Grant for Sauk County was also reviewed. Discussion following regarding failing systems in general.
Business items:
The Register of Deeds voucher list was reviewed. Motion by Ashford, seconded by Cassity to approve payment in the amount of $422.13. Motion carried.
The Planning and Zoning Department:
Mr. Dave Tremble, Land Preservation Specialist with Planning and Zoning, appeared. Discussion followed on the proposed Dettweiler development rights purchase. Mr. Tremble brought this purchase to the Committee at their last meeting. The land owner had wanted to set aside a small parcel of land with the idea of possibly building a residence on it in the future. Mr. Tremble reported that the Dettweilers had changed their minds and were willing to sign an option to protect the entire property. Their present intention was to keep the existing seasonal cabin and build a garage for vehicle and equipment storage. The exact location and size of structure could be specified in the agreement. Mr. Cassity asked if this property was already in the program could they build a garage. Mr. Tremble responded that the owners had the right to maintain and replace existing structures. Mr. Sprecher asked if it wouldn't be wiser to wait until after they built their garage. Mr. Gurney stated that he didn't think they wanted to build right now. There was some concern about setting a precedence for future agreements. Ms. Ashford felt if something special is negotiated it is for that agreement only so she did not see a problem with this arrangement. This will make a difference in the price of the purchase. Mr. Tremble will take this proposal to the Baraboo Range Commission for their approval.
Discussion followed on the Forest Legacy Grant Program.
The Committee then reviewed the Vandewalle and Associates invoice on the USH 12 Local Planning Assistance Project. The first draft should be available in March. Motion by Ashford, seconded by Sprecher to approve payment in the amount of $10,282.04. Motion carried.
Chairman Wiese called the public hearing to order at 9:35 P.M. He introduced members of the Committee and explained the hearing procedures.
The first petition, # 3-2003, to be heard was to rezone certain lands in the Town of Baraboo, from an Agriculture zoning district to a Single Family Residential zoning district by Dennis and Patricia Jameson. The purpose of the request is to establish a residential subdivision between Gall Road and State Highway 123 within the Town of Baraboo Sanitary District. The land affected by the proposed rezone is located in Section 11, T11N, R6E in the Town of Baraboo.
Mr. Brian Simmert, Planner, briefly reviewed the proposal and gave the staff recommendation of approval. The Committee had questions regarding the Baraboo Sanitary District and their agreement to serve this development.
Mr. Dennis Jameson, property owner, appeared. He stated that he had owned the land for about 10 years. He personally has no intentions of developing the land, but wants to sell it. Ms. Ashford asked who determined the proposed lot size. Mr. Jameson stated that was done by the Town of Baraboo Board.
Seeing no one else wished to speak and there were no other registration slips, Chairman Wiese closed the public portion of the hearing at 9:45 A.M.
Motion by Cassity, seconded by Sprecher to approve the rezoning of certain lands in the Town of Baraboo, from an Agriculture zoning district to a Single Family Residential zoning district, owned by Dennis and Patricia Jameson. Motion carried, 5-0.
The next petition to be heard was Petition # 4-2003. The primary intent of this petition is to repeal and recreate Sauk County Code of Ordinances Chapter 25, Private Sewage System Ordinance as related to the recognition of new septic system technologies implemented by Comm 83 and as required by the State of Wisconsin prior to January 1, 2003.
Mr. Lance Gurney, Planning and Zoning Director, appeared and gave a brief history of the proposal and distributed additional changes for the Committee to review.
The proposed changes were reviewed one by one. Mr. Cassity questioned the length of time given to file pumping reports. He felt 90 days was to long. The number of systems in the maintenance program compared to the total number of systems was discussed. How to get the approximately 4,000 existing systems in to the program was briefly discussed.
The use of commercial toilets for emergency situations was discussed.
Mr. Cassity questioned the distance of 1 mile in Section 25.18(4). Mr. Gurney stated this distance could be changed if the Committee so desired. Deeper wells and identifying water problems were discussed.
The water issue is already covered in the subdivision ordinance. The restrictions could be
removed from this section. Mr. Cassity stated that when we make a rule we back ourselves into a corner or need 12 other rules to cover further issues.
Mr. Steve Sorenson, Assistant Zoning Administrator, then addressed the Committee. Privies and when they could be used were discussed. Emergency situations were reviewed and Mr. Sorenson stated that most people with a failing system want it fixed instead of just using a chemical toilet. Mr. Lehman asked what property owners do if there is four feet of frost. Mr. Sorenson stated that a tank could still be set and used as a holding tank if necessary..
Section 25.12 (n) regarding driveways was discussed. Mr. Lehman questioned the use of privies
for a primary residence without a backup for gray water. Discussion followed regarding running water, privies and the disposal of gray water.
The Chairman asked if Mr. Larry Volz would like to speak and he reserved the right to speak later.
Ms. Andrea Lombard, representing the 14th Supervisory District, then appeared. She questioned why more restrictions beyond the regulations of Comm 83 were needed. Ms. Lombard quoted several statements made by Representative Sheryl Albers regarding such a stringent ordinance and the financial burden that it created Ms. Ashford asked if Ms. Albers had read this document and what her qualifications were to review it. Ms. Ashford stated that the reason for some of the changes was to protect ground water and she did not see how anyone could object to that. Ms. Lombard also felt that the word "shall" in the ordinance should be changed to "should". People need to be given a choice. Ms. Ashford stated that Comm 83 is a blueprint and that counties need to expand upon it. Mr. Sprecher asked how this would be a burden on the taxpayers. Ms. Lombard responded saying that by putting additional regulations on the property owners it was costing them. Further discussion regarding costs to property owners followed.
Mr. Marvin Giebel, Town of Delton Chairman and representative of the 12th Supervisory District, then spoke. Mr. Giebel stated that this ordinance would be hard to get passed the County Board tomorrow with so many changes made today. He also stated that it sounds as if another position is being created in the Planning and Zoning Office. He stated that if a system is working and the property is sold within the family is should not have to be verified. He also felt the 1 mile measure for groundwater data for a subdivision should be changed to ½ mile and that only existing wells would be checked with no new wells being required. Mr. Giebel also felt that people testifying at a public hearing should not be questioned by the Committee.
Mr. Lowell Haugen appeared and stated that he had submitted a written statement to the Committee.
Mr. Larry Volz, Town of Delton Supervisor, appeared next. Mr. Volz also felt the 1 mile should be changed to ½ mile. If there was a problem within ½ mile, then it could be extended to 1 mile. Mr. Volz also felt driveway approvals should be left up to the towns. He would like to see this decision postponed for another month.
Mr. Lance Gurney spoke again. He stated that the term "shall" could be changed to "should" in 25.18(4). The purpose of the development plan language was to tie this ordinance to the Subdivision Ordinance. He also stated that there would not be any new positions added to the department. The four inspector positions in the department were discussed as well as licensing and inspection requirements.
Seeing that no one else wished to speak the Chairman closed the public position of the hearing at 11:20 A.M.
Discussion followed on verification and maintenance and the difference between the two. Water proofing tanks was also discussed.
Mr. Wiese suggested the decision be postponed. Printing and costs were discussed.
The following changes were suggested: 25.12(3)(n), page 7 - should read: Driveway approval when required by town for new construction.
Page 11, 25.13(5)(b) - Privies may be used for a primary residence when such residence is not served by running water.
The proposed changes on the separate sheet (see attached) are also to be incorporated into the text. The only change suggested to this sheet was: 25.13(6) Commercial portable toilets should read: Shall not be used to serve a primary residence or dwelling, except when used as an emergency tank.
Motion by Lehman, seconded by Ashford to incorporate the changes as suggested into the ordinance, review these changes at the March 10, 2003 Committee meeting, and if approved present the ordinance to the County Board at their March meeting. Motion carried, 5-0.
The next petitions to be heard were Petitions # 5-2003 and # 6-2003. These petitions were to rezone certain lands in the Town of Spring Green, from an Agriculture zoning district to a Resource Conservancy 35 zoning district (Petition 5-2003) and lands from a Resource Conservancy 35 to an Agriculture zoning district (Petition 6-2003) by James A. Sprecher. The purpose of the request is to close an existing extraction site on a farm and establish a new mineral extraction site in a different location on the same farm.
Mr. Brian Simmert, Planner, gave the staff report and the staff recommendation that Petition #5-2003 be tabled until reclamation is completed and approved and Petition #6-2003 be approved.
Mr. James Sprecher addressed the Committee and described his operation at the site.
Mr. Lehman asked if this sand was for Mr. Sprecher's own use. Mr. Sprecher responded that the sand was sold for cattle bedding.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 11:50 A.M..
Motion by Sprecher, seconded by Ashford to postpone petition #5-2003 to rezone certain lands in the Town of Spring Green, from an Agriculture zoning district to a Resource Conservancy 35 zoning district until the reclamation is complete and approved and to approve petition #6-2003 to rezone lands from a Resource Conservancy 35 to an Agriculture zoning district. Motion carried, 5-0.
The next hearing was Petition # 7-2003. This was a petition to rezone certain lands in the Town of Troy, from an Exclusive Agricultural zoning district to a Agriculture zoning district by Ervin and Lorene Sprecher. The purpose of the request is to transfer ownership of a historic school building to the Sauk County Historical Society which will be utilized for a historical museum.
Mr. Brian Simmert gave the staff report and recommendation of approval.
Mr. Ashford asked if the corn cribs shown in the pictures are on the same parcel. Mr. Simmert stated that the owners weren't sure so a CSM would have to be done.
Attorney Forrest Hartmann, representing the owners, appeared. He stated that on February 11, 2003, the Town of Troy had approved the rezoning. Mr. Bill Wenzel had been contacted to do the certified survey map. The Sprecher's were planning to donate the Harrisburg School to the Sauk County Historical Society.
Discussion followed on the corn cribs and lot setbacks.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing.
Motion by Lehman, seconded by Ashford to rezone certain lands in the Town of Troy, from an Exclusive Agricultural zoning district to a Agriculture zoning district subject to submittal of a certified survey map. Motion carried, 5-0.
The Committee continued with the regular meeting at 12:15 P.M.
Mr. Lance Gurney gave the Committee an update on ordinance amendments for planned unit developments and clustering. He stated that a draft ordinance would be ready in the next month. Conservation subdivisions with park and open space were discussed.
The proper time to question parties appearing at a public hearing was discussed.
The Committee reviewed the voucher list for the Planning and Zoning Department. Motion by Sprecher, seconded by Ashford to approve the list as presented. Motion carried, 5-0.
The next meeting is scheduled for March 10, 2003.
Motion by Ashford, seconded by Wiese to adjourn. Motion carried, 5-0.
Respectfully submitted,
Judy Ashford, Secretary