Date: May 12, 2005
The Planning, Zoning and Land Records Committee reconvened under a separate agenda following a joint meeting with the Plan Conservation Committee.
Committee Members Present: Gaalswyk, Sprecher, and Ashford.
Others Present: Lance Gurney, Pat Liston, Tom Ritzenthaler, Bill Greenhalgh, Marvin Giebel, Larry Volz, Mary White, Steve Pate, Ed Geick, Mark Reitz, Mike Olah and others.
In the absence of Chairman Wiese, Secretary Judy Ashford called the meeting to order at 10:57 a.m.
Motion by Sprecher, seconded by Gaalswyk to approve the agenda as presented.
Motion carried 3-0.
Motion by Gaalswyk, seconded by Sprecher to approve the minutes of the
April 26, 2005 committee meeting.
Motion carried 3-0.
Mr. Steve Pate, MIS, appeared and talked briefly about a possible data sharing policy and fees. He stated that any fees charged would only be for cost recovery and could be waived in the interest of a tax payer. He also distributed a draft orthophotography agreement. He explained that the agreement stated the information belongs to the County and could only be used for private use. The Committee will review the statement and take action at their next meeting.
The Mapping Department did not have any vouchers for review.
The County Surveyor and Register of Deeds were not in attendance.
Mr. Gurney requested to take item 8.C. next.
The next item for discussion and possible action was a request by Tom Ritzenthaler and the Town of Delton to approve a rezoning from Ag. to Single Family. Mr. Gurney stated that he had been contacted by Mr. Ritzenthaler's legal counsel indicating he was willing to proceed with the rezoning whether or not the subdivision is ever approved. There will be a claim filed against the City of Baraboo in this matter.
The action taken by the Committee at the last meeting was to table the
request. Motion by Sprecher, seconded by Gaalswyck to take this item off
the table and reconsider the petition.
Motion carried 3-0
Ms. Ashford asked what the rezoning would accomplish. Mr. Gurney explained
that it would allow the owner to move forward with the subdivision.
Mr. Ritzenthaler appeared and stated that he wished to get the rezoning approved so that he could move on to other issues. He stated that the Town of Delton had approved the rezoning and preliminary plat in October of 2004.
Mr. Ed Gieck, City of Baraboo Administrator, then appeared. He stated that the City's Comprehensive Plan showed the area of the proposed development was designated for employment or light industrial use. He gave the reasons the City of Baraboo had denied the request, some of which were the location near the airport and that it would be an unsewered development.
Ms. Ashford asked what harm would it be to the City of Baraboo if the County approved the rezoning. She stated that this project had been started long before the City became a Class 3 city and that the County was in the middle of a legal battle between the owner, Town of Delton and the City of Baraboo.
Attorney Bill Greenhalgh, Town of Delton Attorney, stated that the Town of Delton took the airport into consideration during their review. He further explained the reasons for the litigation against the City.
Mr. Marvin Giebel, Town of Delton Chair, appeared. He stated that the County has always agreed with the town's recommendations. He said that the project was started in June of 2004, but delayed because they wanted to do everything right. The Town approved the preliminary plat in October of 2004. He also said that there were deed restrictions on the lots because of the airport. The Highway 12 plan showed residential uses in this area.
Mike Olah, airport manager, then appeared. The airport supports the City of Baraboo decision. There had not been any representation for the airport at the Town of Delton hearings, so due consideration had not been given for impact on the airport. The number one reason small airports closed was because of noise complaints from area property owners.
Mr. Gurney asked what the airport has done to control land use in terms of airport zoning. Mr. Olah stated that there were problems with cooperation between the entities involved.
Larry Volz appeared in favor.
Motion by Sprecher, seconded by Ashford to approve the request to rezone
the property from Ag. to Single Family. Timing of the approval was discussed.
Mr. Gaalswyck stated that it was their duty to think about airport expansion
in the future and what impact this development would have. Mr. Gurney reminded
the Committee that the issue at hand was the rezoning, not the subdivision.
Motion carried 2-1, with Gaalswyck in opposition.
The resolution will go to the County Board next Tuesday.
The next item was the purchase of development rights on two properties in the Baraboo Range. Mr. Dave Tremble distributed maps showing the boundaries of the properties involved and the proposed Highway 12 corridor. He reviewed the Archibald proposal and stated that this purchase had been held since March because he felt this proposal should be considered along with the Brain Farr property. Mr. Gurney stated that this was a critical parcel worthy of protection. Mr. Gaalswyck stated that they needed to look past the current land use. With the Highway 12 corridor splitting the property commercial uses could be considered in the future.
Motion by Sprecher, seconded by Gaalswyck to approve the purchase of the
development rights from George and Kyoko Archibald, Town of Baraboo.
Motion
carried 3-0.
Motion by Sprecher, seconded by Gaalswyck to approve the purchase of the
development rights from Brian Farr, Town of Baraboo.
Motion carried 3-0.
Motion by Gaalswyck, seconded by Ashford to adjourn.
Motion carried.
Respectfully submitted: Judy Ashford, Secretary