Planning, Zoning & Land Records Committee


DATE: April 14, 2009

Committee Members Present: Ashford, Cassity, Gaalswyk, and Netzinger.

Committee Members Absent: Lehman (for beginning of meeting)

Others Present: Mark Steward, Gina Templin, Brian Simmert, Steve Pate, Marty Krueger and others.

Chair Cassity called the meeting to order at approximately 9:03 a.m. and staff verified compliance with open meeting law. Chair requested to moved item E up the agenda to be covered prior to the scheduled public hearing and to be heard prior to voucher items. Gaalswyk requested to move item H up prior to the public hearing as well. Motion by Ashford, seconded by Gaalswyk to approve the agenda with the modification. Motion carried 4-0.

Motion by Gaalswyk, seconded by Netzinger, to approve the minutes of the March 10, 2009 meeting as submitted. Motion carried 4-0.

Public Comment:

Jerry Lehman now present.

Richard Blakeslee appeared and spoke in reference to problems existing in the County Surveyor's office and too much work with too little time to do it and requested either temporary staff to assist the Surveyor with work he is not getting done or possibly increase the amount of time he is required to work.

Lehman stated that the Surveyor came to the committee to ask for an increase in pay above and beyond what the salary is for an elected official and asked if he is stalling not getting work done because he did not get an increase in pay.

Blakeslee stated he is not here on anyone's behalf, but is here to advise the committee that there is work not getting done and asked the committee to consider getting a summer intern or help with filing. He said he realizes the county budgets restraints, but something needs to happen.

The committee advised that the position can not be changed until the next election. Blakeslee suggested that as the documents are taken in, they should be scanned and entered into the system, but Corporation Counsel suggested that is not his duties and not required. Lehman asked if that is not Mapping Departments responsibilities.

Steve Pate appeared and stated that it is not necessarily their duties and they hired a temporary employee to catch them up. He suggested it could be done by his staff, however, suggested hiring someone else to do the work, that is more suited to the pay. Pate also suggested that the Surveyor is not in favor of spending his time doing scanning himself.

Dederich appeared and suggested that the Corporation Counsel advised him that things that are not in his duties are not permissible for him to fit under an increase in salary.

Chair Cassity stated that this is not on the agenda and will put it on to discuss at the meeting at the end of the month and requested Mr. Dederich provide the committee with a list of things that he would like changed and responsibilities that he would like included under his salary.

Ms. Mary Kelly spoke of a letter she wrote to Chair Cassity regarding the sawmill issue and the historic sites available in Sauk County and the need for small operations to provide products to restore historical sites.

Lehman asked about what Iowa County used as a determination between a large and small sawmill. Kelly stated she is unable to answer that question.

Steward advised the committee that the Iowa County issue was handled in the way it was because their ordinance did not specifically relate to sawmills.

Communication:

Steward spoke of legislative and case law updates available in the Planning & Zoning Department. He also spoke of the floodplain map review period ending and the staff reviewing all the maps for accuracy and the changes had been made by FEMA.

Steward then spoke of a Renewable Energy Summit in Janesville that the committee can register for. He then provided the Committee a packet of information from the Spring Green Planning Commission and Spring Green Town Board's opinion on the Sauk County Forest located in that Township.

Departmental Updates:

Steve Pate provided a departmental update for the Mapping Department including fire numbers, software updates, interns, and ortho-photography. The committee discussed contours and upgrading the ortho-photography and the timeline of those upgrades.

Pate then discussed activities that affect the Mapping Department's work-load. Cassity asked for an explanation on the work that is done that affects the Mapping of new parcels. Pate explained and suggested reorganizing the priorities in the Mapping Department and then work with the other departments.

Ashford asked if there couldn't be one place for all these departments to go for them to get their work done. Pate stated electronically, there is one place, however the difference is in what is being done by each department.

Chairman Krueger appeared and suggested that one of the two main purposes of the mid-term assessment is to take the strategic issues in each department and have a board discussion of these issues and try to establish a priority of these issues so they can be used in preparation of the budget, but so that the departments can also use them in the department budget process. He explained to the committee in better detail what the mid-term assessment will entail.

Lehman asked about the Treasurer's department and the work that comes to the Mapping Department from them. Pate explained that they do all parcel mapping except for a couple of the Cities.

Motion by Gaaslwyk, seconded by Lehman to second the vouchers for the Mapping Department. Motion carried 5-0.

The Committee then moved to item 7e, a request for a conditional use permit to create a Planned Unit Development of 5 acres more or less residential lot in the Town of Westfield.

Brian Simmert then appeared and presented the background of the request and the property. Ashford review the criteria for the approval of the PUD.

Tom Broughton appeared and stated that the Town Board is in favor of the PUD.

Gaalswyk stated that he is happy to see that the Bergman family has decided to enter the PUD and is proud of the program.

Motion by Gaalswyk, seconded by Lehman to approve the PUD for the Bergman family. Motion carried 5-0.

The Committee then moved to item 7h, a discussion on the language for sawmills. Cassity stated that is not the public hearing, but it is merely a discussion on the language for the Committee.

Ashford asked what the intent of the agenda item is. Cassity suggested separating the definition of a sawmill from the portable sawmills that farmers now have.

Gaalswyk spoke of Chapter 7 re-writes. Lehman spoke of the definition.

Cassity asked the committee if the definition of sawmills needs to have the different types separated. The committee agreed and discussed options.

Birkmeier appeared and spoke of reading the ordinance and what he feels the purpose of the zoning district is in the Township of Spring Green and how it relates to his sawmill activities. He suggested to leave the ordinance the way it is and does not have a problem with the ordinance, as he feels he is a forestry business and should not need to pay a permit fee because he is a farmer and farmers are exempt from needing permits or paying fees. He also stated that he does less damage to the land than normal farmers, as he doesn't tear up the land with plows, or spread chemicals all over open fields. He treats the land with respect and does not do as much damage with his business as your typical farmer does.

Cassity stated that something will have to be done with the ordinance, but that is a process that needs to take place and can not be determined today.

Steward asked if he harvests his own or if he does custom work. Bierkmeier stated he does do some custom work for people.

Steward clarified that it is a one time permit fee and not an annual fee as suggested previously in the public portion of the meeting.

Birkmeier spoke of the income he makes off his sawmill business.

The committee requested the staff to work on definitions for sawmills. The committee suggested to not pursue the deadline for the Board of Adjustment with the agreement by Mr. Birkmeier that he will not take part in commercial activities until the committee has been able to provide more direction at the next meeting.

The Committee then moved to the Public Hearing.

Chair Cassity called the public hearing to order at 10:53 a.m. The Committee then introduced themselves and staff certified that the notice has been legally published.

A. Petition 3-2009 to consider a petition to rezone certain lands in the Town of Sumpter, Sauk County from an Exclusive Agricultural District to an Agricultural Zoning District for the purpose of accommodating a mineral extraction site for the Highway 78 reconstruction project.

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 ordinances and the recommendation of approval by the staff.

Lehman asked what it would take to change the county's code to allow this type of activity.

Natalie Bussan, appearing for the Township of Sumpter, stated that there is nothing under the code that would allow for this type of mineral extraction on the zoning district the Township has selected. She provided a draft form of a restrictive covenants agreement between the property owner and the Township and as soon as the mineral extraction is completed, the property owner have the intent to rezone the land back to Exclusive Ag.

Gaalswyk verified that the Town is requesting that the rezoning be conditionally approved based on the agreement to be signed between the Town and the property owners. Bussan explained and verified that they are requesting this.

Cassity questioned jumping through a bunch of hoops simply to accommodate 1 company for 1 project and questions some of the issues.

Terry Hanson, appearing in favor of the request, stated he owns the property and the hill is very steep, as only part of it can be farmed and it helps both the road project and the owners, because the removal of the material will allow them to farm the entire area once it is completed. He agrees with the covenants suggested and sets a good precedent for the future not to make it too easy to remove from Exclusive Agriculture.

Thomas Teske, Relyco, Inc., appearing in favor of the request, spoke of questions from the Township regarding the environmental side of these projects and spoke of the inspections done all through the process, as well erosion control measures set in place.

Ashford asked if 8,000 feet was enough. Teske stated it is enough, and the number came from him and explained where the material will be hauled to.

Gaalswyk asked if the project will take all the material or could it be used somewhere else. Teske stated that the proposal always adds more than what could be needed so that they can accommodate any changes that may be required.

M Peter Mullen, appearing in favor of the request, stated that he is in favor of the project as the road needs it, and is on the Town of Sumpter Planning Commission, as well as a recently elected Supervisor for the Town Board. His appearance here is personal though.

Seeing as no one else wished to speak, Chair Cassity closed the public portion of the hearing at 11:26 a.m.

Motion by Gaalswyk, seconded by Ashford to approve the rezoning petition, contingent on the restrictive covenants being adopted and recorded. Motion carried 5-0.

Chair Cassity 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 review department vouchers. Motion by Ashford, seconded by Netzinger to approve the vouchers for the Planning and Zoning Department. Motion carried 5-0.

Steward then updated the committee on department activities. He then presented the committee with an evaluation of the Facing Our Future meeting on March 30th and provided an update with the outcomes of that meeting.

Lehman stated he agreed with the speaker at the March 30th meeting.

Steward spoke of ordinance amendments, meeting attendance by staff, work with area students, and a brief update on comprehensive planning.

Steward then reviewed strategic issues for the department and provided notes from Kathy Schauf to department heads on what strategic issues are. The committee continued to discuss and identified streamlining the permit process, better relationship with municipalities, completing a long range county development plan (comprehensive plan), and to continue to work on the revision of ordinances 7, 8 and 22.

Chairman Krueger provided insite to the committee on what the strategic issues should be or could be and how to interject them into their specific department and how they would be used.

The committee discussed and took action on the attendance of Henry Netzinger at the Our Energy Future seminar in LaCrosse on March 24th, reimbursement for registration, mileage and per diem. Motion by Ashford, seconded by Gaalswyk to approve the attendance, mileage, per diem and reimbursement of registration for said meeting. Motion carried 5-0.

Steward and the Committee discussed postponing item F - farm consolidation and I-camping permit discussion until a future committee meeting. Motion to postpone items until a future meeting. Motion carried 5-0.

The committee discussed a recommendation to replace Bruce Duckworth on the Board of Adjustment.

Chairman Krueger suggested to the committee to put out a press release and list the various boards and ask people to register for the positions and bring a list of candidates to bring before the committee in May for a recommendation to him for selection.

The next meeting date is schedule for April 28, 2009 at 9:00 a.m.

Motion by Gaalswyk, seconded by Ashford to adjourn. Motion carried 5-0.

Respectfully submitted,

Judy Ashford, Secretary