DATE: February 26, 2008
Committee Members Present: Sprecher, Ashford, Wiese and Lehman
Committee Member Absent: Gaalswyk
Others Present: Mark Steward, Mary White, Dave Tremble, Pat Dederich, Brian Simmert, Matt Bremer, Alene Kleczek and others.
Chairman Wiese called the meeting to order at approximately 9:00 a.m. and compliance with the open meetings law was noted.
Motion by Lehman, seconded by Sprecherto adopt the agenda as presented with the condition that the public hearing be started at 9:30a.m. Motion carried, 4-0.
Motion by Sprecher, seconded by Ashford to approve the minutes from the February 12, 2008 Committee meeting. Motion carried, 4-0.
Communications: Mark Steward stated he had received notice of a meeting on March 4, 2008 regarding the Baraboo Dells Airport. He also stated he had received notice of a meeting on April 5 or 12, 2008 regarding the Lake Redstone Critical Habitat report.
Pat Dederich, County Surveyor, appeared. The Committee briefly reviewed his annual report.
Mark Steward then appeared and discussed the Planning and Zoning budget report. He reported year to date statistics. Violations were briefly discussed. He reported on a pumper's meeting and an online data entry system. Summer interns and committee members for the County comprehensive steering committee were discussed.
Planning and Zoning vouchers were reviewed. Motion by Ashford, seconded by Sprecher to approve the vouchers in the amount of $2,286.25. Motion carried, 4-0.
Dave Tremble appeared and reviewed the Baraboo Range Annual report with the Committee.
Public Hearing called to order at 9:35.
The Chairman gave the order of the hearing and introduce the members of the Committee.
The item for discussion was a petition to rezone certain lands in the Town of Baraboo, County of Sauk, Wisconsin, from a Resource Conservancy 35 to an Agricultural Zoning District for the purpose of establishing a mineral extraction and processing facility for Patrick Terry, Joseph & James Terry and David Brennan.Lands to be affected by the proposed rezone are generally located in the North ½ of Section 20, T.12N.-R.6E, Town of Baraboo, Sauk County, Wisconsin and are more particularly described by the following tax parcel number, which correspond to one-quarter by one-quarter sections. Parcel numbers: 002-0613-00000, and 0614, 0609, 0616, 0615, 0626.
Brian Simmert, Planner, gave the staff report. He distributed an additional pack of letters and correspondence relative to the hearing. Because the Town of Baraboo denied the petition, the Committee had three options available to them. They could recommend approval of the petition with a change, disapprove the petition or postpone for more information.
Mark Steward, Planning and Zoning Director, then appeared. The Committee's options were reviewed. The County Board has the final approval or disapproval authority. County Board options were discussed. He stated that approval without modification was not an option.
John Montgomery with Gasser Construction appeared. He gave an overview of what their plan for the property was.
Tony Tomashek, Vice President of Milestone Materials, then appeared. He described the aggregate industry and explained that the operations would be seasonal. There would be no permanent structures and the latest technology would be used. Noise control was discussed.
Kurt Oakes, General Manager of Olson Explosives, appeared next. He reviewed blasting area safety and security. He discussed vibration limits and the blast area. Safety is a major concern.
Dr. John Tinker, Hydrogeologist for Gasser Construction, then spoke. He discussed area wells and groundwater flow. He stated groundwater flow should show no effect. Gasser Construction has a concentration plan for petroleum product spills.
64 registered in favor with no comment. Please see registration slips.
Joseph Terry, property owner, appeared in favor. He wished to continue the farm and would not jeopardize the family farm. This rezoning would help his farm move into the future.
Pat Terry, property owner, also appeared in favor. He stated he has the only house on the north side of the quarry where the proposed property access would be. He would like to be able to harvest the rock.
David Brennan, property owner, spoke in favor. He stated the hill is not a registered landmark. He did not want to see the hill residentially developed. The land will be reclaimed back to farm land.
Annemarie Schaefer appeared in favor. She stated that they wished to protect the family farm and family would be much closer to the operating quarry than the public.
Dan Schaefer also appeared in favor. He was supporting the continued operation of a family farm.
Donald Schaefer spoke in favor. He didn't feel there would be any change in wildlife habitat. The property, as is, isn't good for anything. It would be reclaimed to farm land.
Scott Klicko appeared in favor. He stated the land would be much better as reclaimed farm land.
Jim Quandt, an adjoining property owner, spoke in favor. He stated this was a democracy and property owners should be allowed to do what they wanted with their property. This project would eventually improve the land and provide rock for new roads at the same time.
Dustin Prible appeared in favor. This quarry would provide a quality resource and a long term reserve.
Steve Muchow, Sauk County Highway Commissioner, appeared in favor. He stated the contractors have a very good plan and a good reclamation plan. This would save tax payers money by cutting transportation costs.
Bret Rabata appeared in favor. He stated he lives next to a pit. A property owner should be allowed to sell the rock and reclaim the land for farming.
Bill Klemm, Baraboo Town Board Member, appeared in favor. He stated that the motion that he made denying the request at the February 11, 2008 Town Board meeting was not complete. It should have said the request is not in compliance with the Town's Land Use Plan "at this time."
Jeff Thieding, representing Thieding Construction, appeared in favor. Reclamation will allow for site agricultural use. Quarries are a necessity and the property owner should be allowed to use the land as they see fit.
Norm Vlcek, adjoining property owner, spoke in favor. He stated the rock was needed for Highway 12. A close quarry would be better for economic reasons.
Ryan Oehlhof appeared in favor representing the Operating Engineers Local 139. Gasser Construction and Milestone employ a lot of local people. Reclamation to agricultural use also good.
Steve Blakeslee appeared in favor. He is an adjoining property owner. Gasser Construction is a reputable contractor with well run sites. There is a need for common sense in this issue.
17 registered in opposition, but did not wish to speak. See registration slips.
Natalie Bussan, Attorney for the Town of Baraboo, spoke in opposition. During the drafting of the Town's Comprehensive Plan only 18% of the property owners were in favor of quarries. Scenic views and bluffs were important. This area was designated resource conservancy 35, as the town determined that mineral extraction is not an agricultural use. The property owner should have approached the town to change their comprehensive plan first.
Barbara Terry spoke in opposition. This change would have negative impacts on the town which were not part of the comprehensive plan.
Mike Terry, an adjoining property owner, spoke in opposition. He discussed elevations and questioned the number of loads that would be taken out each year. He stated this would decrease property values.
Kristine Terry spoke in opposition. She stressed the importance of preserving natural resources.
Warren Terry, an adjoining property owner, spoke in opposition. He stated this landmark was the highest point in the north range. It is important to protect the rural character of the area.
Jason Terry spoke in opposition. He was concerned about petroleum spills, groundwater and run off. Area wells and foundations could be impacted.
Beverly Terry, joining land owner, spoke in opposition. She stated this would be spot zoning.
Sharon Terry spoke in opposition. She collected 1,031 signatures in opposition. She was concerned about noise and the quality of life in the area.
Kay Hobler appeared in opposition. She stated the quality of life and landscape was unique to the area and she didn't want to lose that.
Brad Wilson appeared in opposition. He was concerned about quiet nature and the Baraboo hills.
Gene Filus appeared in opposition. He lives in the Town of Excelsior. He stressed that local governments needed to be supported.
Claire Barnett appeared in opposition. She felt this rezoning request would be destroying natural resources.
Diane Cullison, owns property in the area and spoke in opposition. She wanted this request voted down because of the wildlife in the area.
Kimberly Phelps appeared in opposition. She lives in the Town of Excelsior. There is a family campground in the area. This quarry would destroy the reason for coming here. She was also worried about subdivision in the area.
Reinald Gardner appeared in opposition. He was concerned about water runoff and an existing watershed in the area.
David Harding spoke in opposition. He talked about petroleum leaks and contaminated groundwater.
Frank Terbilcox, resident manager of the Aldo Leopold Center. He questioned Gasser and Milestone Materials reason for wanting a mineral extraction site in this area.
Warren Trager spoke in opposition. He discussed problems at the Mathy Pit.
Joseph Terry appeared in opposition. He spoke of declining property values. This approval would not be in the best interest of the Township. Mineral extraction should not be allowed anywhere in the Baraboo Bluffs.
Peter Murray spoke in opposition. He is a member of the Town of Excelsior Comprehensive Plan Committee. He discussed what the Town of Excelsior wants in their plan.
8 registered as interest may appear.
Seeing no one else wished to speak the public portion of the hearing was closed at 12:40 P.M.
Alene Kleczek, Sauk County Corporation Counsel, explained the choices that were open to the Committee. They were to vote to disapprove, postpone for more information or approve with a change.
County Board actions were also reviewed.
Motion by Ashford, seconded by Wiese to disapprove the petition to rezone. The Chairman called for a roll call vote as follows: Gerald Lehman, No; Judy Ashford, Yes; Halsey Sprecher, Yes; Lester Wiese, Yes. Motion carried 3--1.
Motion by Ashford, seconded by Lehman to adjourn, 1:00 P.M.
Respectfully submitted,
Judy Ashford, Secretary
notes by mary white.