February 22, 2007 Session of the Board
PRESENT: Bruce Duckworth, Chair; Halsey Sprecher, Richard Vogt, Linda White, David Werneke
ABSENT: Robert Roloff
STAFF PRESENT: Gina Templin Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Duckworth called the session of the Sauk County Board of Adjustment (BOA)
to order at approximately 9:04 A.M. He introduced the members of the Board,
explained the procedures and the order of business for the day. The staff
certified that the legally required notices had been provided for the scheduled
public hearing. The certification of notice was accepted on a motion by
White seconded by Sprecher.
Motion carried 5-0.
The Board adopted the agenda for the February 22, 2007 session of the
Board on a Motion by Sprecher, seconded by Vogt.
Motion carried
5-0.
Motion by White, seconded by Vogt to adopt the January 25, 2007 minutes.
Motion
carried 4-0 with Werneke abstaining.
None to report.
A. Martin Marietta Materials, (SP-04-07), a special exception permit to reinstate a suspended special exception permit to authorize the continued operation of a quarry The property is located in the Agricultural District and described as: part of the SE ¼, NW ¼, and the N ½, SW ¼, section 28, T12N, R5E, Town of Excelsior, tax parcels 010-1024, 1025 & 1026.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and the property, and explained the process in which the suspension followed.
Mr. Dick Gauck, General Manager, Martin Marietta District, appearing in favor of the request stated that Neil Grant will address more detail regarding the train and stated that he is sorry to be here today and all involved take these permits seriously. He concluded by stating that the three parties involved are committed to moving forward after today.
Mr. Neil Grant, Manager Zoning /Permitting, Martin Marietta Materials, appearing in favor of the request, spoke of the train loading at the quarry blocking Highway 136, and identified that a number of circumstances such as length of trains, improper changing and have implemented policies to prevent this. Minimize train length, minimize switching, agreed to Town’s recommendation of 80 car limit. He also stated they are not asking for anything new, to allow to process through May of 2008, in which their original special exception permit runs out.
Werneke asked about the additional steps taken to prevent these issues. Grant, spoke of new policies and procedures with the WSOR and the information in the packet. He also spoke of the changing of people/staffing, communication to all staff upon every renewal period didn’t happen as well as it should, and that has been addressed.
Werneke asked if sees this as a communication problem and not an infrastructure problem. Grant spoke of the switching available and trying to make things a standard protocol and having better communication. He also spoke of the process in loading the trains and then what happens after that, as more entities are involved other than just Martin Marietta.
White asked how many cars were regularly used before the 80 car. Grant stated he doesn’t know for sure, however he remembers that in one of the trains that caused the blockage, there was over 100 cars.
Sprecher asked if there is anything in their system, what is in place to determine when the time limit is up. Grant deferred to the railroad employees.
Duckworth asked if they require the Railroad to keep track of when the road is closed and to report any violations and time limits. Grant stated he didn’t believe so.
Vogt asked if there are any logs kept as to what times the road is closed and for how long. Grant stated there isn’t, however they have discussed it, and are trying to avoid this even taking place rather than logging it when it does.
Steve Beske, Superintendent Transportation, Southern Wisconsin Railroad, appearing in favor, stated that they do not keep track of the blocking, as the signals do not have the capabilities to download information, however in late 2007 that capability will be added at that crossing. He also stated they put in place with Martin Marietta and Union Pacific for switching at the west end and historically there is an extra move in putting the trains together. He also spoke of the limiting the train length and the switching at the west end, this situation should never happen again.
Vogt asked if they are planning on putting together any more infrastructure to help meet the guidelines and asked if there are any reports past this last year that he knows of. Beske stated when they switch at the west end, this issue should not happen at all the there should be no stopping at the crossing, it will only need to cross as the loading and switching will happen before it gets to the crossing.
White spoke of the updates of the signals and the expiration of the permit. Beske explained that it doesn’t have to do with the renewal, but he was merely answering a question posed before.
Mr. David Griffin, Union Pacific, appearing in favor of the request, stated that the deeply regret even having to be here today and spoke of meetings with Planning & Zoning and contracts with WSOR and published information to all employees.
White asked dif you don’t keep logs on these things, how do you monitor or hold someone accountable. Griffin stated that they own the piece of the railroad and lease it to the WSOR and from their view, they expect the WSOR to do their own policing and enforcing and until they make their upgrade to the signals, there is no other way than the public citizens and Martin Marietta policing that action.
Vogt asked what the frequency of having trains cross that crossing. Griffin stated he doesn’t know how many trains cross per day. Traditionally they would have a train up and back in a 24 hour period and up to 3-4 per week.
Werneke asked about the operating agreement with WSOR and if the county has been provided a copy of that. Griffin stated they have not. Werneke spoke of the ordinance and what he needs to review. He also spoke of the fact that 3 organizations are having trouble communicating. Griffin stated they have not provided information as attached to the contact with the WSOR, but the instructions from the WSOR are provided and they should be held accountable to those restrictions. All parties have agreed that they will pay attention to what takes place every day.
John Goehegean, appearing in favor of the request, stated that this quarry has been in operation since 1950’s and is sure the road has been blocked a lot since then. He spoke of the employees that work for the quarry and feel that we should not hinder.
White asked if he is an employee of the quarry. Goehegan stated he is not.
Don Pingle, Train Master for Wisconsin Southern, appearing in favor of the request, spoke of the rulebook which states clearly how trains will be handled at Rock Springs and there will be someone in place to monitor the trains until the signals can be updated. If rules are not followed the employees go into the discipline process.
White asked how long these rules were put in place. Pingle stated the rules were put out last fall, however they were posted in the manual in January 2007. White asked if there was anything in there in the past. Pingle stated it is location specific for Rock Springs and is much more detailed than the general rule book.
White asked about previous instructions. Pingle stated they only addressed the federal rules of road blockage and contacting emergency services. He spoke of the new book requiring switching to be at the west end and the crossing will never be blocked by a stopped train. He also spoke of the train size and one of the major blockages was done by a 110 car train.
White asked if Zoning will be given a copy of the rule book. Pingle provide Exhibit VIII, 1, which is the rule book.
Vogt asked about the rule book. Pingle stated that these incidents have encouraged this book to be updated and more specific and also noted that it is on file with the Federal agencies as well.
Ms. Karna Hanna, Sauk County Development Corporation, appearing in favor, stated that she urges all parties to come to satisfaction of all issues and it is extremely important to Sauk County but it is important that they preserve the living arrangements of those in Sauk County.
Bill Gardner, President of Wisconsin Southern Railroad, appearing in favor of the request stated that all involved have worked very hard to prevent this in the future and stated that the workers at the quarry should not be penalized in the back because of one of his employees screw ups.
Duckworth asked if he read the report in the Town of Excelsior at what his employer stated to a Martin Marietta employee. Gardner stated he is having a hard time believing that his employee really said that.
Bill Weitzel, appearing in favor of the request, stated that he hopes this resolved very quickly and affirmatively.
Ms. Laurie Hasenbalg, appearing in opposition, stated that she is a contiguous neighbor the railroad and appreciates everyone following through and asked that if the permit is reinstated it be done so with out any modifications.
Charles Kissick, Village President of Rock Springs, appearing in opposition, stated over the last year he has had 25-30 calls regarding the trains blocking the crossing up to nearly 30 minutes. He also stated the other morning he had a school bus on one side of the tracks and kids waiting on the other side of the tracks standing in the pouring rain waiting for the bus for over 20 minutes. The traffic can be sitting all the way through Rock Springs.
Vogt asked if this has been occurring over the years. Kissick stated the last 2 years he has been President he has been receiving calls constantly.
Sprecher asked what actions they took. Kissick stated that people from the Railroad were at their meeting a year ago and they stated that as long as the train moved a little bit they could block the road as long as they wanted and nothing was done.
Laurie Hasenbalg reappearing in opposition, state that many people are not aware that there is a 10 minute blockage limit at the crossing and as word has gotten out more and more people are speaking of the issues and it has never been addressed because they didn’t know or were not comfortable stating their opposition in a public forum in fear of repercussions.
Bob Cassidy, Chair of Excelsior, appearing as interest may appear, stated that Union Pacific owns the operation, Wisconsin Southern leases the tracks and Martin Marietta leases the property from Union Pacific who owns the quarry. He also stated that he feels they need to change the specifications and conditions on the permit when they voted to allow for the reinstatement. They also stated that they are limited to 80 cars and all switching must be done in the west end. He then stated his own personal opinion is that things need to be sorted out between the major entities and the quarry operations being held hostage because of what the railroad is doing and they are messing with the local people. The railroad is one operation and they operate under their own set of rules. He also spoke of the train hauling corn and soybeans out of Rock Springs.
White asked if the trains dealing with the Coop block the intersection. Cassidy stated he is sure they do.
White stated that one of the things that strikes her is holding the quarry responsible for the actions, if she has a business whose traffic results is issues on the highway, she as the business would be responsible for dealing with the issue. She agrees that the employees shouldn’t be penalized, but the business should be responsible for dealing with it.
Cassity stated he disagrees and spoke of the railroad and their lack of working with the local people and the train operator not working or even caring. He stated if everyone was reasonable, they would be fine, but feels the railroad is the problem, not the quarry.
White asked if these changes that the railroad stated will be implemented, will it fix the problem. Cassity stated he will say yes until May, 2008 and after that, they will have to look at some other conditions.
Seeing as no one else wished to appear, acting Chair Duckworth closed the public portion of the hearing at 9:55 a.m. and the Board went into deliberation.
Duckworth stated that he feels the Board should support it and have people from both railroad systems and Martin Marietta be here, apologize for it and have a plan in place to fix the problem, is good enough for him.
Werneke agrees.
Duckworth spoke of the signal upgrades and the renewal of the permit in 2008.
White stated that it sounds like someone was held accountable for the situation and if this is something to fix the problem.
Duckworth stated that he feels that the applicants have agreed to follow the Town of Excelsior’s conditions and they have a year to prove that they intend to operate in good faith.
Vogt stated there is a lot of infrastructure in place and the local people are now more aware and it will be monitored. Vogt stated that moving 2 feet means they get another 10 minutes doesn’t work. A blockage is a blockage. You can’t block it for 10 minutes, how much more clear do they need it to be.
Duckworth stated those are questions for the 2008 and believes this problem will go away and feels the two railroad companies don’t want to come back and explain why their rules didn’t work.
Motion by White, seconded by Werneke, to reinstate the current permit,
which would include the original conditions of the permit.
Motion
carried 5-0.
B. William Kindschi, (SP-05-07), a special exception permit to authorize an agricultural related business, the repair and restoration of tractors and other farm equipment. The property is zoned Exclusive Agricultural, and described as; E7014 County Road PF, lot 2, CSM 4050, part of the S ½, SW ¼, section 36, T11N, R4E, Town of Westfield, tax parcel 040-0761.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
The Board questioned the difference between a Cottage Industry and a Farm Related business per the ordinance.
Mr. William Kindschi, applicant, appearing in favor, stated that he would like to start repairing tractors right on the farm and much of it would be a service call and going to the farmers themselves. He also stated he intends it to look like any other farm and doesn’t plan on having tractors sitting around and much of the equipment will be in his machine shed.
Duckworth asked about provisions for waste fluids and materials. Kindschi stated that he has people in town that have oil burners and have something set up for that. He also stated he does not plan to do air-conditioning on site as he is not certified for it. For the antifreeze there are companies that will come pick up the waste.
Duckworth asked if he is a mechanic by trade. Kindschi stated he is.
Duckworth asked about a sign. Kindschi stated that is a question he has, but does not want to ask about a sign before they know if they can have a business.
White asked about employees. Kindschi stated that he plans to do the work himself and his wife would be doing the bookwork and such. He does ask that the permit be redone in 10 years versus 5 years, since they can revoke the permit at any time.
White spoke of the time limits on permits and why they are there and suggested that if everything goes well for 5 years, at the time of renewal there would be a good chance they could get the permit extended.
Lester Wiese, County Board Representative, appearing in favor, stated that he did talk to some of the neighbors and they felt the business would be fine and the applicant has always kept his property clean and feels it will stay that way.
Tom Broughton, Town Chair, Westfield, appearing in favor, stated that the Town Board is in favor.
Duckworth asked if there was a public hearing on the request. Broughton stated they did not.
Duckworth asked if what he would feel about extending the permit over 5 years. Broughton stated he feels the board would support that.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:20 a.m. and the Board went into deliberation.
Motion by Vogt, seconded by Sprecher, to approve the request, with the
conditions listed by Planning and Zoning, and to increase the permit to
10 years versus the 5 year limit.
Motion carried 5-0.
The Board adjourned at 10:22 a.m.
Respectfully submitted: Robert Roloff, Secretary