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HomeMy WebLinkAboutPlanning & Zoning 12-09-08 NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE TUESDAY, DECEMBER 9, 2008 8:30 A.M. ST CROIX COUNTY GOVERNMENT CENTER, ROOM 1281 1101 CARMICHAEL ROAD, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL ADOPTION OF AGENDA APPROVAL OF PREVIOUS MINUTES DATE OF NEXT MEETING OLD AND NEW BUSINESS 1. Land Use Ordinance Applications a. Discussion of Land Use Ordinance Requirements b. Municipal Plats c. Waivers and rezones to be scheduled d. Discussion of Plats and CSM's currently in the review process 2. Planning and Zoning Business a. Bills and Revenue Reports b. 2009 Waste Event Schedule and Contracts c. Recycling Ordinance Review d. Comprehensive Plan Update e. Code Administration Report f. Rescission of previous motion to increase POWTS fees* g. Resolution approving amendment to Town of Hudson Zoning Ordinance — Youth Oriented Recreational Facilities h. Floodplain Ordinance Amendments* i. Comments on Land & Water Resource Management Plan* 3. Register of Deeds Business a. Resolution Authorizing a Fee for Processing Stipulations & Waivers* b. Register of Deeds Report* ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURN (Items may be taken in different order) * Additions /Changes /Corrections DATE: December 4, 2008 MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON WI December 9, 2008 Present: Committee: Supervisors Gene Ruetz, Lorin Sather, Sharon Norton- Bauman, Steve Hermsen, Peter Post Staff: Dave Fodroczi, Kevin Grabau, Ellen Denzer, Alex Blackburn, Jennifer Havens, Kay Walsh, Beth Pabst, Judy Olson Guests: Jon Sonnentag, Jerry Ripley, Bill Berndt, Theresa Johnson, Joe Granberg, Derrick Passe, Randel Mataczynski, Ed Schachtner, Doug Zahler, Tim Foster, Pat Schultz, Doug Rivard, Jim Emmert, David Phillips, Cyril Cernohous, Jim Rusch, Jim Henry, Bill Sherman, Dennis Nybakken, Mike Graham, George Callow, Jason Bast, Roger Humphrey Call to Order: Chair Ruetz called the meeting to order at 8:30 a.m. Adoption of Agenda: Motion by Norton - Bauman, 2 by Post to adopt the agenda. Motion carried. Approval of Previous Minutes: Motion by Norton - Bauman, 2 " by Sather to approve the minutes of November 10, 2008. Motion carried. Date of Next Meeting: A rezoning public hearing is scheduled on December 17, 2008 at 7:00 p.m. in Hudson. Old and New Business: Land Use Ordinance Applications Discussion of Land Use Ordinance Requirements - Jon Sonnentag and Jerry Ripley made a presentation on behalf of the Western Wisconsin Land Development Professionals, a local group of licensed professionals who provide engineering and surveying services to western Wisconsin. Ripley reviewed the mission statement of the group. Sonnentag reviewed their regulatory concerns and issues that they have experienced. He showed the costs involved in the typical process of creating a three -acre residential lot and building a home within 1000' of an unnamed pond in the Town of St. Joseph. He talked about the amount of additional regulations and fees that have been added since the late 90s with the high growth plus multiple agency reviews. With the current economic situation, he said these costs impact all market sectors. Ripley reviewed the list of solutions and recommendations suggested by the group. Committee and staff discussed the presentation and the general issues identified. A few other professionals and local officials offered specific comments. The Committee agreed that the group should submit a list of specific goals and recommendations to the Planning and Zoning staff for Committee and staff review. Town officials would also need to be consulted, given their extensive involvement in the process. Ripley said that the group would prepare a more detailed, written statement and submit it to staff. Committee recessed from 9:40 to 9:50 a.m. Municipal Plats - none Waivers and rezones to be scheduled - One waiver application was received and will be scheduled for public hearing at the regular committee meeting on January 13 at 8:30 a.m. Discussion of Plats and CSM's currently in the review process - Blackburn distributed and reviewed the list of last month's submittals as well as corresponding Technical Review Committee letters. There were three submittals in December. Planning and Zoning Business Bills and Revenue Reports - The November 2008 Planning Bills and Revenue Reports and the November 2008 Zoning Bills and Revenue Reports were reviewed by the Committee. Motion by Post, 2 by Sather to approve. Motion carried. 2009 Waste Event Schedule and Contracts - Jennifer Havens reviewed the memo that was previously sent to the Committee regarding staff recommendations for 2009 program contracts. She also presented annual hazardous waste, electronics, tire and appliance collection totals. The hazardous waste vendor cost will increase by 4 %. Tire, electronics and appliances will remain the same. Cost of printing the Your Wasteline newsletter will increase by 4 %. Some electronic brands will be collected at no cost. Hermsen questioned getting new bids for printing. Havens explained that bidding is done every four years. Motion by Post, 2 " by Sather to approve the contracts. Motion carried. Havens distributed the draft 2009 Calendar of Events schedule. All participating municipalities have agreed to the schedule. Norton -Bauman questioned how costs for the clean sweep are covered. Havens replied that grant money received from the State covers most of these costs. Recycling Ordinance Review - Denzer reported that the Finance Committee approved hiring outside legal counsel for legal review of the Recycling Ordinance. P &Z staff sent emails to State recycling contacts asking for recommendations. Responses were received from Northwest Regional Planning Commission and Eau Claire County. The name suggested was Attorney William Thiel of the Weld, Riley, Prenn & Ricci law firm in Eau Claire which has done work for NWRPC for 20 years. He has extensive knowledge of recycling law. Post stated that he dealt with Mr. Thiel the previous day on a matter with the Village of Somerset. Planning and Zoning will let Corporation Counsel know about the recommendation and ask for any other suggestions. Fodroczi stated that the County uses this law firm in other areas. Comprehensive Plan Update - Denzer reported a good turnout at the kick -off meeting from the Citizens Advisory Committee. Only two representatives from the Town of Emerald participated. Pete Kling will meet with them to repeat the identification of issues and opportunities exercise. She did a draft of the results of the meeting. The Deer Park survey report is complete and will be on the County website. There was a very high return rate with 504 returns. Town of Richmond received over 50% return. She is working on those reports now. Denzer reported that the Towns of Cady and Forest also did surveys with high return rates, 52% in Cady and 61% in Forest. Denzer stated that she received a St. Croix County Conditions and Trends Report from West Central Regional Planning, including inventory of plans, Programs and Land Use Policies in West Central Wisconsin, St. Croix County Conditions and Trends Report, a DVD of the two reports, plus the St. Croix County Resource and Land Use Map Atlas. She distributed the cover memo that was included with the plan. 2 Code Administration Report - Grabau reported that the Sukowatey case is in court this day. Norton - Bauman asked who had initiated this. Grabau stated that we did (Planning and Zoning staff). Grabau stated that Corporation Counsel will be asking the judge if he would go out and look at the Sukowatey site himself. A letter was also sent to John Bettendorf on December 1 giving him until December 15 to submit a nonmetallic mining application. Fodroczi reported that John Bettendorf filed a claim for $1.5 million against the County based on the County not approving the rezoning. Rescission of previous motion to increase POWTS fees - Ruetz stated that Hermsen and Sather met with the Administration Committee regarding the November 10 motion to approve adding the State increases in POWTS fees to County POWTS fees. Hermsen and Sather disputed it stating that it was in violation of Roberts Rules of Order. The recommendation from the Administration Committee was that the Planning & Zoning Committee should rescind that motion. Motion by Ruetz, 2 by Sather to rescind the previous motion to increase POWTS fees. The Committee had an extended discussion of the November 10 motion and its relationship to an August 12 motion to increase the overall fee schedule that failed. The discussion also included how Roberts Rules of Order applied to the two motions and whether or not the November 10 motion was a reconsideration of the August 12 motion. Ruetz stated that a vote in favor is to rescind the motion passed in November to pass the $25 State fee increase on to the applicants and add $50 to the holding tank fee for assuming responsibility for plan review. Post, Hermsen and Sather voted in favor. Ruetz and Norton- Bauman voted against. Motion carried. Post stated that this is confusing and asked for clarification. Ruetz stated that the motion is to undo what was done at the November meeting. Post moved to rescind his earlier vote in favor. Motion 2 by Ruetz and carried. Motion by Ruetz, 2 by Sather to rescind the vote taken at the November meeting to approve the $25 increase in POWTS fees to be sent to the State as part of the fee schedule and also approve the additional $50 fee for holding tank approval. Roll call vote: Sather abstained, Hermsen, yes; Post, no; Norton -Bauman — no; Ruetz - no. Motion failed. Norton -Bauman distributed a letter of information detailing chronologically the history of Committee action on this issue and asked that this information be inserted into the minutes. Hermsen stated that there is an error in that information that states that in October 2008 the State of Wisconsin notified the Planning and Zoning Department about an increase in charges. He stated that that notice was dated September 5, 2008, before the September 9 meeting. Fodroczi stated that two emails were received from the State. Grabau received an email dated September 9, the day of the original motion on the fees, that said there were changes on the horizon for private onsite wastewater systems programs in Wisconsin. It lists several changes including possible fee code and plumbing code updates. On October 9, an email was received from the Department of Commerce POWTS Wastewater Specialist in Eau Claire giving notification of fee increases. The email included a weblink and stated that "the new fee package will go into effect on December 1, 2008. Please try to make changes in your County ordinances and fee schedules as necessary." This was received just prior to the October Committee meeting so was included on the October 29 and November 1e agendas. Post moved that this information be inserted in these meeting minutes. Motion 2 by Norton - Bauman. Motion withdrawn. Committee members agreed to attach this information to the meeting minutes plus copies of emails that the Planning and Zoning Department received from State of Wisconsin dated September 9 regarding changes in POWTS programs and October 9, 2008 regarding the changes in POWTS fees. 3 Resolution approving amendment to Town of Hudson Zoning Ordinance — Youth Oriented Recreational Facilities - Denzer identified concerns with this and has conveyed those concerns to the Town. The Town asked that this not be acted on at this time. This item will be withdrawn from the County Board agenda. It will on the January Committee meeting agenda. Floodplain Ordinance Amendments - Denzer stated that the State has set a deadline on adopting the floodplain maps as amendments to the floodplain section of our zoning ordinance. The day County Board meets in March is the day after the deadline. A hearing would have to be held in the last week of December to get this to County Board in January. Fodroczi suggested holding a February meeting. Motion by Sather, 2 ❑d by Post to request County Board to schedule an earlier March meeting or schedule a meeting in February so the March 16 deadline can be met for adoption of the floodplain ordinance amendments. Motion carried unanimously. Post asked that the Register of Deeds elect be present at this meeting. Comments on Land & Water Resource Management Plan - Denzer distributed a copy of St. Croix County Land and Water Resource Management Plan that she was involved in updating. It will be on the County website for public review. The comment period ends this week. Ruetz noted only four people in attendance at the hearing. Ruetz stated that he and Bob Heise will attend the Land and Water Conservation District State meeting in Appleton on December 10. Beth Pabst joined the meeting. Register of Deeds Resolution Authorizing a Fee for Processing Stipulations and Waivers - Walsh reviewed the revised resolution and explained the fee for rental weatherization stipulations and waivers. The resolution was approved at the November 11 Committee meeting, but it needed to be reviewed by Corporation Counsel before it is sent to County Board. Greg Timmerman reviewed and revised the resolution. Motion by Post to approve the revised resolution authorizing the Register of Deeds to access a fee for processing rental weatherization stipulations and waivers. Motion 2nd by Norton - Bauman. Hermsen stated that he does not believe that this is legal because by definition, in order to sell a rental unit, the seller must comply and have the forms to accompany the land transfer and that falls under the transfer fee. Hermsen stated that he does not believe they have the authority to charge for this in addition to the transfer fees. Walsh stated that approximately 30 — 35 counties in Wisconsin charge a fee for this service. She stated that this is separate from the transfer fee. It is part of the regulation that was set by the Department of Commerce in 1985. The Register of Deeds cannot record a warranty deed or a land transfer document that is residential rental property unless the deed follows regulations. This is a service that the County Register of Deeds agreed to provide to people. Administrative rule 59.03 is the rule that counties exercise in approving this fee. Motion carried. Hermsen abstained. Register of Deeds Report — Walsh introduced Beth Pabst who will take office on January 5. Walsh distributed a summary financial report comparing total documents recorded, revenue, and transfer fees from November, 2007 to November, 2008 for Committee information noting the revenues that have increased. She also submitted a final report summarizing the status hardware, software, current projects, future projects and staffing. She thanked the Committee and its predecessors for their support during her 14 years as Register of Deeds. Her last day in the office will be January 2 " 4 Announcements and Correspondence - Denzer announced that Xcel Energy is proposing a new transmission line from Somerset to Stanton plus two new substations. She attended an open house. The proposal will be submitted to the Public Service Commission for approval. She showed maps of the new lines. It will run along County Road C and must be away from the airport zone. There will be a formal process of public comments, etc. Citizens in the areas may have concerns. Post inquired about the status of the office remodeling. Fodroczi stated that it will not be done by year end. Some walls have been moved and some offices have changed. Materials for the Economic Development offices being purchased will not be delivered until January. The meeting adjourned at 11:50 a.m. 7 Res.ectfully submitted: 1 J ¶y Olso , o f , Recording Secretary Lorin Sather, Secretary 12 -09 -08 5 December 9, 2008 Planning and Zoning Committee Meeting At the meeting of the Planning and Zoning Committee on September 9, 2008, a motion was made to increase the fee structure for the Planning and Zoning Department permits by 5 %, except for Rezoning Hearings and Board of Adjustment Hearings which were to be increased by an amount more approximate to the actual costs of holding the hearings. The motion failed on a 2 -2 vote. In October, 2008, the state of Wisconsin informed the Planning and Zoning Department that effective December 1, 2008, the cost of the state permits issued by the Planning and Zoning Department to consumers would increase $25.00 each. This $25.00 was to be paid directly to the state by the Planning and Zoning Department. The approximate cost of this state mandated increase is $6000.00. There is no provision in the 2009 budget for this increase in state mandated fees. The Planning and Zoning Committee met on October 29, 2008, and the subject of the $25.00 increase was made a part of the agenda for that meeting. Supervisor Sather objected to that item being on the agenda. His reasoning seemed to be that the subject of fee increases was voted on and defeated at the September, 2008 meeting. The $25.00 fee increase item was tabled until the November 10, 2008 meeting. Supervisor Sather stated that he would bring a written interpretation of Robert's Rules of Order from Corporation Counsel Timmerman to that November 10, 2008 meeting. The November 10, 2008 meeting included the $25.00 fee increase on the agenda. Supervisor Sather did not bring a written interpretation of Robert's Rules of Order from the Corporation Counsel to that meeting. The motion to increase the fee $25.00 for permits from the state passed, with Supervisor Sather voting no. The second part of that motion included a $50.00 fee to provide review of holding tank plans which the state will no longer provide. The state previously charged $60.00 for the holding tank reviews. The position taken by the supervisors who voted affirmatively is that the $25.00 fee increase was conveyed by the state to the Planning and Zoning Staff after the September 9, 2008 meeting, as was the fact that the state would no longer do holding tank reviews. These are entirely new Issues which were not considered in the motion in September to raise the whole fee schedule for the department by a percentage amount, not a fixed dollar amount for any one item. As far as a reconsideration of the September 9, 2008 vote is concerned, Robert's Rules of Order is quite clear that a motion to reconsider that vote had to be made at the same meeting (September 9, 2008) or at the next meeting at the latest, and would have to be made by either of the supervisors who voted in the negative to the motion on the table (Hermsen or Sather). A motion to reconsider this issue is a moot point because of the timeline involved. Therefore, a motion to consider the $25.00 fee in question was in order at the November 10, 2008 meeting. Submitted by Sharon Norton - Bauman, Vice - Chair, Planning and Zoning Committee