DATE: October 28, 2008
Committee Members Present:Ashford, Gaalswyk, Lehman.
Committee Members Absent:Cassity, Netzinger
Others Present:Mark Steward, Gina Templin, Brian Simmert, Pat Dederich and others.
Acting Chair Lehman called the meeting to order at approximatly 9:03 a.m. and staff verified complaince with open meeting law.Motion by Ashford, seconded by Gaalswyk to approve the agenda with the modification of postponing discussion and possible action on items 7 a and b until the November 11th committee meeting.Motion carried 3-0.
Motion by Gaalswyk, seconded by Ashford, to approve the minutes of the October 15, 2008 meeting as submitted.Motion carried 3-0.
Public Comment:
Steward introduced Birte Pforr to the committee as the Departments intern.
Lehman asked about the Amish greenhouse violation in the Town of Ironton.The committee discussed with Steward.Steward with verify with Sorenson and update the committee.
Communication:
None to report.
Departmental Updates:
The Mapping Department had nothing to report.
The Register of Deeds Department had nothing to report.
The Surveyor appeared and presented the Committee with a packet of information reviewing the awarding of contracts for the remonumentation project.The Committee reviewed the bids and the suggestion of the awarding of each to the surveying company as documented. Lehman asked about the projects all being handled this year. Dederich stated that he believes that if the money is not used by the end of the year, it is possible it can be carry-foward to 2009. Motion by Gaalswyk, seconded by Ashford to accept the proposed contracts as presented for remonumentation.Motion carried 3-0.
Dederich then presented vouchers in the amount of$3,200.00.Motion by Gaalswyk, seconed by Ashford to approve the vouchers as submitted.Motion carried 3-0.
Dederich concluded with designating a private registered land surveyor to review the submittal of tie sheets for the County's remonumentation bounty program that are submitted by the County Surveyor when acting in a private capacity for himself or as a representative of a private firm.He also spoke of the cost of payment for the private surveyor would come out of the bounty payment, in which the reimbursement to him would be reflective of the amount charged by the County Surveyor.
Ashford asked how the committee would be able to tell who the appropriate surveyor would be to act in this capacity.
Bill Wenzel appeared and spoke about the need for the tie sheets to be done by a Registered Land Survyeor, but does not believe that someone else should approve the County's Surveyors work.Gaalswyk stated that if the county surveyor does not do his job, then he shouldn't be elected.
Lehman asked Matt Filus, Registered Surveyor and past County Surveyor about history of the tie sheets.Filus stated that every surveyor signs a statement saying that he follows the code and stated how he can see both sides of the issue.He understands the need to avoid a conflict of interest by a County elected official getting paid in an additional capacity for work he has done outside of his county duties, but also stated that in the past, no oversight had been done for past county surveyors submitting tie sheets and a request for payment of such work.
Ashford stated that what brought this up is that the ones he does should also be reviewed by someone, but not him because of the conflict of interest.
David Lasker, Corporation Counsel's Department, spoke of the memo from Corp Counsel Liebman and spoke of the law that was cited from the Wisconsin State Statutes and the Sauk County Code, which prohibits the public position to generate for a personal or financial gain or taking an official action on a matter of interest.
County Chair Krueger asked what is done in other counties and also suggested checking with WCA Counsel in their opinion.Dederich stated that it is a mix and only 5 other counties have their Surveyor position as an elected position.
Motion by Ashford, seconded by Gaalswyk to postpone the decision until more research is done.Motion failed.
Dederich asked if the plan could be put into place in the interium so that he can continue to do his work and submit payments for bounty, as he has been put on hold by the County's Corporation Counsel until this matter was acted on.
Motion by Ashford, seconded by Lehman, to have Matt Filus check the County Surveyors tie sheets so that he can submit his personal work and receive county bounty payments.Motion carried 2-1, with Gaalswyk in opposition.
The Committee then moved to the Public Hearing.
Acting Chair Lehman called the public hearing to order at 9:40 a.m.The Committee then introduced themselves and staff certified that the notice has been legally published.
A. Petition 12-2008 to consider a petition to rezone certain lands in the Town of Reedsburg, Sauk County from an Exclusive Agricultural District to an Agricultural Zoning District for the purpoze of expanding the duplex and septic system to be placed on the same lot and sold separate from the existing farm.
Brian Simmert, Sauk County Planning and Zoning, provided the committee with the history and background of the request, present adjacent land uses and zoning, physical constraints to development, consistency with local development plans and ordiances and the recommendation of approval by the staff.
Ashford asked about the original septic system.Simmert stated he did not know and suggested asking the property owner.Ashford stated that when the original rezone took place it was stated that it should include enough property for a replacement septic system.Simmert spoke of the use and the previous rezoning request and explained the development rights that exist with the property.
Gaalswyk asked if there was a mistake for the rezone in 2005.Simmert stated there was no mistake made at that time and it was based on the PUD option and the availabilty to retain his development rights.
Gaalswyk stated the only change is the applicant wants to sell his land.Simmert stated that is correct.
Lehman asked if there is suitable space for a replacement septic with this rezone.Simmert stated he would have to look at the soil report to determine that.
Larry Mundth, applicant, appearing in favor, stated that at the prior rezone there was a concern at keeping the lot as small as they could and he feels that the recommendation at that time should have been for a large lot of land and suggests a fee waiver and the committee needing to be knowledgable of the septic systems failing. He also stated that he feels there should be enough land to the east of the existing system, but could not tell you for sure because of the need for setback distances.He then spoke of the postponment until the Town Board can meet and that they met last night and the Town approved.He also asked them to make a motion contingent upon the decision of the Town Board.
Lehman asked when the November meeting will be for the Town Board.Mundth stated that it will be November 11th or 12th.
Seeing as no one else wished to speak, Acting Chair Lehman closed the public porition of the hearing at 10:00 a.m.
Motion by Gaalswyk, seconded by Ashford to approve the rezoning peittion, contingent on approval from the Reedsburg Town Board.Motion carried 3-0.
B. Petition 13-2008 to consider a petition to rezone certain lands in the Town of Winfield, Sauk County, out of the Shoreland-Wetland District for the purpose of accomodating an existing upgraded driveway access to a single family home.
Brian Simmert, Sauk County Planning and Zoning, provided the committee with the history and background of the request, present adjancent land uses and zoning, physical constraints to development, consistency with local development plans and ordiances and the recommendation of the staff.
Gaalswyk asked how much fill was trucked in there.Simmert stated he would leave that question to the applicant, as he has not seen the site.
Gaalswykasked what size the new culvert is.Simmert stated he believes it is, however, he suggested asking the applicant.
Ashford spoke of a previous request to use their agricultural driveway to be used as a residential driveway and the outcome.
William Curran, appearing in favor of the request, provided an overview of the request and the staff report provided by Brian Simmert.He stated that he feels Appendix A is not very helpful and presenteda survey map to the Committee and verified that there is 564 square feet involved in the actual wetlands being discussed.He also spoke of riprap being brought in and erosion prevention.He also presented the committee with photographs showing what the property looked like before and after.He then spoke of the decision by the Sauk County Board of Adjustment in 2004, granting the right to have the driveway update and presented the committee with those minutes and decision letter, as well as a DNR report referring to the culvert, a statement by Mr. Wagner speaking of locating the original culvert.
Joe Dorova, Vierbicher Associates, appearing in favor of the request, spoke of his history on the site and submitted a hydrology study and spoke of the flood conditions and the placement of the emergency culvert replacement to use their existing driveway.He then reviewed the 7 conditions referred to in the staff report that would have to be met and the fact that the fill that was placed in the wetlands, he feels is minor and did not create a significant change in water capacity or groundwater flow.He also addressed the consistency with the County Plan's and the necessity for safe access to his residential property.
Gaalswyk asked the applicant about the fill and about how many yards of fill was placed in the wetlands.Dorova stated that approximately 2 truck-loads/20 yards of fill placed in the wetlands and can not include the rest of the fill or riprap because the entire area does not include the wetland.
Lehman asked about the stream area above the culvert was grass bottom and there was not a channel, however, now the water running through there is because of the high water table.Dorova stated that was correct.
Mike Wilson, applicant, appearing in favor of the request, stated that they built the home, had all the approvals for the work that had been done. He also spoke of a piece of culvert being found that determined that the original culvert had been larger than previously expressed.He then spoke of the floods in June and the destruction that took place to their driveway, as well as the replacement of the culvert, and does not feel that a smaller culvert would be adequate and will wash out with every little rain storm.He also spoke of a letter from the Reedsburg Ambulance Service/Winfield Township and the concern of the size of the driveway for emergency vehicle access.
Gaalswyk asked what the driveway looked like at the time of the flood.Wilson stated he had 17 ½ inches of rain over a 2 day period, which brought the water over the road and when trying to place fill in to repair the original damage, the second day of rain washed the culvert and road-way out.
Kathy Wilson, applicant, appearing in favor of the request, stated that they needed to do the project to have access to their property.
Eugene Biesek, appearing in favor of the request, stated he was at the site during the flooding and it was a necessity to repair the culvert and get driveway access.
William Schmitz, appearing in opposition, stated that he is not opposed to Mr. Wilson, however this committee was informed prior to the house being built that there would be water problems at this site.He spoke of Phil Craker, who was on the Winfield Town Board at the time, informed the committee what the water situation would be at this site.He also stated that the original driveway to the farm house there was owned previously by him, but this is a new driveway to access the new house.This is not the original driveway that was used to access the property and the property owner was advised what the water run off would be at the site prior to building and showed a photo of water run off onto his property that comes from Mr. Wilson's property. He feels once the wetland is changed more development will occur.
Gaalswyk asked about the area of both properties and the flowage of water that no homes should be built in these locations.Schmitz stated that is correct and explained the water flow.
Lehman asked about the reference to the committee in testimony and asked if it was this committee or the Board of Adjustment.Schmitz stated he is unsure, as the meeting was held in the county board room.
Gaalswyk questioned whether there was an agricultural driveway.Schmitz stated he doesn't believe there was a driveway and spoke of the necessity of a easement required through him.
Lehman asked about the culvert being purchased.Schmitz stated he purchased his culvert once the water went down.
Lehman asked if he went through the permit proceedure to put in a new culvert.Schmitz stated he did not.
Matt Filus, appearing as interest may appear, stated he is the professional land surveyor hired for the project and provided all the elevations, boundry lines and such were prepared by him.He reviewed the maps he provided for the committee.
Ashford asked about the separate surveys.Filus stated that the original survey was prepared in 2007 for projects at that time.The secondary survey shows the wetlands and the property to be rezoned, which is why the survey was done.
Harley Judd, appearing as interest may appear, stated that he is a neighbor to the property and feels that since the new culvert was put in, the driveway was improved, however he can not speak on what it does to the wetlands.He does feel that there is better access to the property.He also stated there was an access road through the property for agricultural use.
Gaaslwyk asked if the heavy equipment broke the culvert to make it smaller.Judd stated that is possible and feels there was a larger culvert there at one time.
Charlie Goad, appearing in favor of the request, spoke of the easement testified by an earlier registrant and confirmed that there was a farm access road to the property.
Eugene Biesek, reappearing in favor, spoke of an access road through the Wilson's property.
Mike Wilson, reappearing in favor, spoke of the timing of the culvert replacements and the water direction.
Gaalswyk asked about more water being placed on neighboring properties.Wilson stated that he feels that placing a larger culvert will not affect anyone, but a smaller culvert will hinder the water flow and affect people downstream.
Steve Sorenson, Planning & Zoning staff, appearing as interest may appear, provided a summary of the permits for Mr. Wilson, conditions of the permits, the existing culvert and the wetlands on both side of the culvert, which is why the conditions were placed.
Lehman asked if the Town of Winfield has a driveway ordinance governing the width of a driveway.Sorenson stated he is unsure.
Gaalswyk asked if he viewed the condition of the drive prior to the Wilson's building and if there was an agricultural driveway.Sorenson stated there had been a driveway and he was allowed to convert it from an agricultural driveway to a residential driveway.
Lehman asked about a typical culvert size.Sorenson stated that it was noted what size it was because of the wetlands on both sides of it.
Lehman asked about a subdivision on the property and whether the driveway would be approved for a multi-development.Sorenson stated the driveway would have to meet specs for a multi-use development and would have to be researched.
Seeing as no one else wished to appearing, Acting Chair Lehman closed the public portion of the hearing at 11:25 a.m.
Gaalswyk stated he does not want to see this driveway return to its original conditions and doesn't feel the fill that was placed is a minimal change to the wetlands.
Ashford feels that to remove the fill may do more damage than what was done and it is possible that it is an improvement to what was there.
Motion to by Gaalswyk, seconded by Ashford, to approve the rezone out of the shoreland/wetland district.Motion carried 3-0.
Motion to adjourn the public hearing, Lehman, seconded by Gaalswyk.Motion carried 5-0.
The Committee reconvened at 11:30 a.m., and continued the discussion on the Planning & Zoning Departmental updates.
The committee then discussed the Conditional Use Permit to create a PUD for the Dennis Reuter property.Simmert explained the background of the property and the request and noted that the Town of Greenfield did approve the request.
Motion by Ashford, seconded by Gaaslwyk, to approve the conditional use permit to createPUD on the Dennis Reuter property.Motion carried 3-0.
The next meeting date is schedule for November 11, 2008 at 9:00 a.m.
Motion by Gaalswyk, seconded by Ashford to adjourn.Motion carried 3-0.
Respectfully submitted,
Judy Ashford, Secretary