Committee Members Present: Sprecher, Ashford, Cassity, Weise and Lehman.
Others Present: Lance Gurney, Mary White, Brian Simmert, Rebecca Garvoille, Lowell Haugen and others.
Chairman Weise called the meeting to order at 9:00 A.M. and staff certified the meeting had been properly posted.
Motion by Cassity, seconded by Ashford to adopt the agenda as presented. Motion carried.
Motion by Sprecher, seconded by Cassity to approve the minutes of the June 9, 2003 meeting as presented. Motion carried
Communications: Mr. Gurney stated that Mr. Marvin Giebel had contacted him regarding someone in the Town of LaValle that had approximately 12 dogs in a single family residential district. Discussion followed on the ordinance and who would enforce it. Mr. Gurney said the office is trying to deal with problem. The dog kennels are on one lot and the house on a different lot, which leaves the lot with the kennel on it without a residential structure. Possible health issues were discussed. At this point, even if an ordinance was passed, this situation would be " grandfathered" in. The Committee does not want to undertake an ordinance revision at this time.
Mr. Wiese stated that he had received a letter from Bill and Marnie Rotta regarding the Leonard public hearing today.
Business items: Mr. Lehman had been contacted by a Mr. Woolever in the Town of Ironton regarding permits and an old CSM. Mr. Gurney stated that the situation had been taken care of.
The Mapping Department had no vouchers for review.
The Committee reviewed Register of Deeds vouchers for May and June. Motion by Cassity, seconded by Lehman to approve the voucher lists as presented. Motion carried.
Mr. Gurney reported on a meeting with the Badger Intergovernmental Committee. GSA was having the final EIS published and they were near making a decision. GSA reported that negotiation with the Ho-Chunk and Bureau of Indian Affairs had broken down. The Bureau of Indian Affairs gave the GSA an ultimatum that if they didn't get their original request they weren't interested. The Ho-Chunk hadn't attended a meeting in 6 months and hadn't returned calls. This behavior indicates a lack of interest and sincerity in negotiations. Discussion followed on exactly what the Bureau of Indian Affairs means by saying "they weren't interested." There were also problems between Ho-Chunk and the Bureau of Indian Affairs.
Mr. Lehman asked when they were going to start burning buildings at Badger. This would not be until some time in September.
Mr. Gurney introduced Ms. Rebecca Garvoille, a summer intern, that would be working mainly on the Town of Reedsburg comprehensive plan.
Discussion followed on the Badger sanitary plant. An adhoc group will be set up to do a facility plan for alternatives for waste water. The proposal was to replace existing system at a cost of $2 million dollars. The Federal government has been subsidizing Bluffview development, which may not be appropriate. Mr. Gurney stated that any sanitary problems needed to be solved before the transfer of that portion of the land.
The Committee then went into a public hearing.
Chairman Wiese introduced members of the Committee and gave the procedures that would be followed.
a. Petition # 15-2003 - A petition to rezone certain lands in the Town of Baraboo, Sauk County, Wisconsin, from a Resource Conservancy-35 zoning district to a Commercial zoning district by Don Larson, 422 Linn Street, Baraboo, Wi 53913. The purpose of the request is to establish/relocate a car dealership facility along USH 12. The land affected by the proposed rezone is located in Section 21, T12N, R6E in the Town of Baraboo
Mr. Brian Simmert, Planning and Zoning Planner, gave a brief history and staff report on the above petition. No official recommendation was received from the town. Staff recommended that only the front two parcels be rezoned. Overall, it is recommended at this point to postpone this hearing until we hear from the Town of Baraboo on July 14, 2003. Discussion followed regarding highway planning and the DOT.
Mr. Ron Malnar, of Pavlic Development Services, appeared in favor. He stated that this is the first step in the process, to be followed by a site development plan. He explained the owner's concerns with taking two existing sales sites and developing the business into a new facility and new site. He stated that they already had unofficial approval of their plans by the town. A conflict in meeting dates could cause a 30 day delay. Mr. Cassity asked what impact would a 30 day delay have on their plans. Mr. Malnar stated that they don't want to start the development stages until zoning is approved and they would like to start construction in September. They will also need to go before the Board of Adjustment and they can't do that until the rezoning is done.
Mr. Scott Larson, registered in favor, but did not wish to speak..
Ms. Gloria Larson, registered in favor, but did not wish to speak.
Mr. Doug Wilcox, registered in favor, but did not wish to speak.
Mr. Lance Gurney appeared. He stated that the Town Board would be meeting on July 14, 2003. The Committee could meet briefly before the next County Board session which is July 15, 2003. His suggestion was to table this request until the Baraboo Town Board makes a decision.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing.
Motion by Cassity, seconded by Ashford to postpone this decision until after the Town of Baraboo has made a decision at their July 14, 2003 meeting. Committee will meet at 5:45 P.M. on July 15, 2003 to take further action on this rezoning request. Motion carried.
The next hearing commenced at 10:05 A.M.
Petition # 16-2003 - A petition to rezone certain lands in the Town of La Valle, Sauk County, Wisconsin from an Agriculture zoning district to a Recreational-Commercial zoning district by Pamela Leonard, E4234A Schultz Road, La Valle, WI 53941. The purpose of the request is to relocate a sporting goods business. The land affected by the proposed rezone is located in Section 26, T13N, R3E in the Town of La Valle.
Mr. Brian Simmert appeared and presented the staff report. He also distributed copies of the Town of LaValle minutes recommending approval of the rezoning request. He also distributed a letter received from Bill and Marnie Rotta in opposition to request.
Ms. Pamela Leonard, owner, appeared in favor. She explained that they owned a business, sold it due to health and have been liquidating the inventory which consisted of antiques and guns. The gun business was regulated by the FBI and State laws because they had a license to sell firearms. If they chose to give up their license they would not have to follow any regulations. She stated there wasn't any shooting on the property and no shooting range is planned. She also stated that when the inventory is reduced to a certain point they would come back to the Committee to have the property zoned back to agriculture. They planned to be done liquidating stock within 2 years. Ms. Ashford asked if they were in business already at this location. Ms. Leonard stated that she was only selling personal items from the barn. Ms. Ashford stated there was no such thing as temporary rezoning.
Background checks, ownership of weapons, ATF and licensing were discussed. Mr. Cassity asked what would prevent them from doing background checks no matter what the property is zoned. Ms. Leonard explained that they could not be licensed if they were not properly zoned. Owner chose to make sure that the firearms go to the right people. Ms. Ashford asked how many firearms they were planning to sell. Ms. Leonard responded that they have approximately 500-600 left , but only about 200 would be sold from the home.
Ed Bodendein, Town of LaValle Chairman appeared in favor. He stated that this had been brought to the Town Board in May and it had been tabled because it had not been placed on the agenda. A conditional use permit was discussed. Mr. Bodendein voted for the rezoning because of the background check. He said you could sell a gun to anyone from your home. With the licensing and required background checks the town felt there was more control. Mr. Wiese reminded everyone that once the gun business was over any other commercial use could move in.
Discussion followed on surrounding land uses. Mr. Cassity asked if the town has a problem with the commercial zoning. Mr. Bodendein responded, yes and no. The main issue was that back ground checks would be done.
Ms. Marnie Rotta then appeared in opposition. She owned lot 3 on Schultz Road. She stated that the Town did not notify surrounding property owners. The Town Board was undecided at first meeting. Spot zoning was discussed. She said there were many other places for this use instead of on a dead end road. Ms. Rotta stated that sickness was not a reason to rezone property and the owner's intent to return the property back to the original zoning would never happen.
She also stated that she believed the property was purchased by Ms. Leonard, as a single person. Another concern she had was the shooting on the parcel. She owned a small piece of woods and her kids often played there. She also stated the Ms. Leonard does not have a license to sell firearms. The licensed is issued to Dick and Jane Meyer. Mr. Lehman confirmed the fact the Ms. Rotta does not live of the property adjoining this parcel.
Mr. William Rotta then appeared and handed out a summary of the items Ms. Rotta had covered in her presentation.
Mr. Brian Weirich appeared in opposition. He stated that it appeared the business had already started. Mr. Weirich said land use plans were to deter such uses and approval would only invite more difficult situations. He didn't see the need to rezone the entire 5 acres. Turning this request down would not stop them from doing business.
Ms. Carolyn Weirich appeared and requested tabling the matter. She had some incorrect information on background checks as far as them only being required for hand guns.
Karen Geitz, Town Board member, appeared in opposition. She was concerned about the wiring in the barn. She also felt Mr. Dick Meyer should also have been present. Mr. Lehman confirmed the fact that the Town of LaValle does have a building inspector.
Ms. Elaine Koch, owner of Four Seasons Sports Center, appeared in opposition. She wondered how Ms. Leonard could sell firearms on her property with Dick Meyers license. She also stated that they are buying guns at the same time. She asked about restrooms, handicapped accessibility, sanitary facilities, and wiring all should be checked before sales start. She was also concerned how secure the barn would be, if the road could handle all the traffic, exactly who owned the guns and why they didn't just stay in town.
Mr. Don LaBansky appeared in opposition.
Ms. Caren Fish appeared in opposition. She said she was not informed of Town Board meetings. She read a letter her husband wrote in strong opposition.
Ms. Carolyn LaBansky registered in opposition.
Ms. Todd LaBansky appeared in opposition.
Ms. Leonard appeared again. She stated that they couldn't stay where their business was originally due to health concerns. She said that she doesn't want to cause problems with the gun sales and if the rezoning doesn't go through they will forfeit the license.
Mr. Cassity asked if their intent was to liquidate why don't they sell to another dealer. Ms. Leonard stated that she couldn't find a dealer that would take that volume. Background checks and licensing were again discussed.
Mr. Brian Simmert appeared and stated that Ms. Leonard had stated that there would not be any shooting on the property and the Sheriff's Department agreed.
Ms. Lance Gurney appeared regarding a point Mr. Cassity brought up on who is to notify property owners of this type of request. He said that the department recommends that towns notify adjacent property owners, but this is not required by law. In past cases when the town has not notified adjoining property owners the committee basically sent the request back to the town and this may be the way to go. He stated that the Committee has to be comfortable that the town has all the facts before making a decision.
Mr. Ed Bodendein then appeared. He stated that the town doesn't normally do that type of notification, they just post the notice. This is up to the Committee if they want to turn the decision back to the town. He said he had learned some new facts. Mr. Cassity asked if it were possible that the Town Board may change there decision. Mr. Bodendein said that was possible.
Seeing no one else wished to speak, Chairman Weise closed the public portion of the hearing at 11:55 A.M.
Ms. Ashford stated that she wished we had a conditional use permit. Unfortunately, rezoning was permanent and the property doesn't automatically revert back to original use at a set time.
Mr. Lehman asked when the next LaValle meeting was and Mr. Bodendein responded it was the 2nd Monday of the month which would be July 14, 2003.
Mr. Weise stated that the property owners have expressed their concerns and the problem with rezoning is we don't know what the next business use would be.
Motion by Sprecher, seconded by Cassity to deny the request. Motion carried 5-0.
The next item for discussion was Petition # 18-2003 - A petition to amend Chapter 23 of the Sauk County Code of Ordinances relating to the setback requirements for new tower facilities. The purpose of the request is to reduce the setback requirements for new tower facilities from the current five (5) times the height to two (2) times the height setback with additional consideration given to neighboring residences and existing platted developments. The proposed ordinance amendments will apply to all unincorporated areas within Sauk County.
Mr. Lance Gurney gave a brief history of the amendment.
Mr. Steve Muchow, Highway Commissioner, appeared in favor. He stated how important these towers were for emergency services.
Mr. Virgil Hartje, County Board member and owner of Hartje Lumber, appeared in favor. He stated that the LaValle Fire Department only gets out about 7 emergency pages instead of 30. He said that they set up their own tower in the lumber yard. Towers are part of the communications plan for the county.
Seeing no one else wished to speak, the Chairman closed the public portion of the hearing at 12:15 P.M.
Motion by Lehman, seconded by Sprecher that the revision to Chapter 23, Tower Siting Ordinance be approved. Motion carried 5-0.
Mr. Gurney requested that the Committee forward any comments on the sign ordinance to the department prior to the end of next week.
The Committee reviewed the vouchers for the Planning and Zoning Office.
Motion by Ashford, seconded by Cassity. Motion carried 5-0.
Motion by Ashford, seconded by Sprecher to adjourn.
Respectfully submitted: Judy Ashford, Secretary