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HomeMy WebLinkAboutPlanning & Development Committee 11-23-1993MINUTES PLANNING & DEVELOPMENT COMMITTEE NOVEMBER 23, 1993 ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI PRESENT: Vice Chairperson Bill Oemichen; Supervisors Robert Boche, George Menter and Linda Luckey. Staff present included Joe Grant, Greg Timmerman, Ellen Denzer, Dave Fodroczi, Jim Rusch, Dan Fedderly, Kay Zilz and Rosemary Olson. Guests in attendance were County Board Chairperson Richard Peterson, Cyril Cernohous, Dan McGuiness, Ken Peterson, Paul Baillargeon, Larry Murphy, Allen Nyhagen, Jim Weber, Ed Kelley, Carl Story, James Phillips, Susan Phillips, Loren Johnsen, Joyce Johnsen, Hugh Gwin, Clarence Malick, Steve Rudd, Lauren Waxes, Harvey Johnson and Marty Beekman. ABSENT: Chairperson Tom Dorsey, excused. Vice Chairperson Oemichen called the meeting to order at 9:05 a.m. Motion by Boche, seconded by Menter to adopt the agenda. Motion carried. Motion by Boche, seconded by Menter to approve the October, 1993 minutes with an amendment changing the words where the minutes read that Oemichen is excused to read he was not present at the morning session of the meeting and arrived at the meeting at 12:30 p.m. Motion carried. PARK BUSINESS Bills & Invoices Grant distributed and reviewed a copy of bills previously signed by Chairperson Dorsey along with additional bill to be signed. Of the total bills, the Snowmobile bills were in the amount of $156.92. These bills are reimbursable through the DNR Snowmobile Aids Program. The Park bills were in the amount of $2,484.41. The total bills approved by the Committee were $2,641.33 with a motion by Luckey and seconded by Menter. Park Manager's Report Grant reported that he received the grant money from FEMA for the flood damage at Troy Park. The check was in the amount of $3,959.95. The paperwork was completed by the Emergency Government Office and the work at the park has been completed at a price less than the grant amount received. Grant suggested using the money left over to pay Ed Bremmer for his extra time put in during the floods at the park. The Committee instructed Grant to check with Personnel Director Deb Kathan regarding this matter. Grant reported on a newspaper article in the Pioneer Press commenting on the mercury contamination in the Glen Hills Park lake. Grant further noted that he did not know this existed IN and knew nothing about the article. Grant called the DNR and found out that fish had been taken from the lake and tested. After completion of the tests, the DNR determined that the lake should be put on a fish advisory list for large mouth bass. PLANNING BUSINESS Park & Outdoor Recreation Plan Denzer referred to the copy of the Recreation Plan previously sent to the Committee and noted that a public hearing date needs to be set and copies need to be sent to the municipalities for their review before the public hearing and approval by the County Board. The Committee agreed that the public hearing will be held at the December 28th Committee meeting at 9:30 a.m. and then approved by the County Board at the January, 1994 County Board meeting. The Committee later agreed to hold the public hearing at 8:00 p.m. on January 6, 1994 at the Baldwin Community Center. ZONING BUSINESS Rezonings December 20th - Joint hearings with the Town of Stanton and Erin Prairie for Bob Wells, Dan Casey and Tim Holland. The meeting will be held at the Stanton Town Hall with viewing at 7:00 p.m. and the hearing at 7:30 p.m. The Committee will meet at the Red Rooster parking lot at 7:00 p.m. January 6, 1994 - Two hearings in the Town of Baldwin, viewing at 7:00 p.m., hearing at 7:30 p.m. at the Baldwin Community Center. January 10, 1994 - Town of Warren, Jim Swallen property - viewing at 7:30 p.m., hearing at 8:00 p.m. The Committee will meet at the Roberts fire station. There will also be discussion on the Nike Base rezoning. 10:00 A.M. HEARINGS Vice Chairperson Oemichen called the hearing to order. Nelson read the hearing notice for Robert M. Racich requesting a special exception for land division in the riverway district. Juergen Weidling, 120 Black Bass Rd., stated that he is interested in purchasing the land to have the right to travel on the road to access the main road. He further stated that nine other residents would be able to use the road and the easements would stay on the property. He read letters from the Town of Troy Town Board and Planning Board approving this request. Chairperson Oemichen stated that if there was no further discussion, the hearing would be recessed and a decision would be made after the second hearing and the Committee would move into the Darrel Wert hearing. K Nelson read the notice requesting a variance to the required net project buildable area.. Nelson stated that he was opposed to this preliminary survey months ago because it had exceeded the six month review period from the preliminary to final approval. The preliminary was originally done in the early ' 80's and one of the concerns at that time was addressing the erosion runoff problems on the property. Nelson pointed out that there is one lot in the development that does not meet the net project area. Attorney Hugh Gwin, Hudson, WI, speaking on behalf of Darrel and Bev Wert, referred to the plat maps distributed to the Committee and gave a brief history of the original plat. He explained the lot in question is 134, one of the three lots on the north end of the plat. He explained that this project was put on hold because of the well advisory in the area. Gwin noted that the Plan Commission and the Town of Hudson Board have reapproved this plat which has minor changes from the original. Gwin feels the hardship in the matter is the well advisory. Attorney Clarence Malick, 413 Brookwood Dr., an adjoining neighbor (lot 14 of Trout Brook Woods) who also represents his neighbor Tim Filipiak, an adjoining neighbor on lot 15, testified. Malick stated that a berm has been proposed at the edge of lots 14 and 15 to prevent runoff. Gwin stated that a berm would not be necessary on lots 14 and 15, but would go on lot 141 in the shaded area of the plat map. Gwin further explained that they are not asking for preliminary plat approval and that Bob Heise is working with an engineer, Chuck Sheets, to address the water runoff problem. Malick stated that the concern of Mr. Filipialc is that if the variance is granted, property values would decrease. Malick then discussed the steep sloped streets and the high speeds on Brookwood Dr. He stated that it was suggested that rumble strips be put in at the top of the street to slow the cars down. Discussion on removing the cul de sac. Vice Chairperson Oemichen asked that any further testimony be related to the variance matter. Carl Story, Brookwood Dr., stated he would like to go on record stating he is against the road going through. Nelson noted that he has looked at the property and stated that a septic system can be sited on the property as well as a fairly good sized residence and that he has no objection to the variance, only because it was planned in the early ' 80's. Nelson stated that he feels the well advisory is a hardship. Gwin stated that they would like approval to be able to finish up the original plat. Ed Kelley, Wert Rd., stated that when the survey is done, he would like to know where his property line is, and asked where he can get a copy of the plat. Mrs. George Johnsen asked to look at the plat map to see where her lot is in comparison to the lot in question. Gwin stated he would like to take issue with Malick's statement that by granting a variance on lot 134 it would diminish the value of the lot. He said that he does not see a connection or factual basis for the statement. Motion by Boche to adjourn the public hearing, seconded by Menter. Motion carried. Motion by Boche, seconded by Menter to grant the special exception for land division in the riverway district for the Robert M. Racich property. Motion carried. Regarding the Darrel Wert variance request, Boche stated his concern that the lot size is small and the soil is sandy and he can see that if there is a house on every one of these lots in ten years, there could be a pollution problem with the wells. Luckey stated her concern that the standard of unnecessary hardship is not met per the ordinance. She stated that economic gain or loss cannot be a consideration in granting a variance. Lot lines could be adjusted to eliminate 3 the necessity for a variance. Motion by Luckey, seconded by Boche to deny the request for a variance on the basis that it does not meet the standards for unnecessary hardship; the lot lines could be adjusted to eliminate the need for a variance. Adjusting the lot lines might cause an economic loss but that would not be an unnecessary hardship. Motion carried. MINOR SUBDIVISIONS As presented by Jim Rusch: Robert A. and Robert M. Racich Gov't Lot 1, Sec. 25, T28N-R20W, Town of Troy 1 lot - .518 Acres, Original - 137 Acres + or - STAFF RECOMMENDATIONS: Conditional approval subject to put the R() in the legend; the word Government is misspelled in line 6 of the description. COMMITTEE ACTION: Discussion regarding the easements for access. Motion by Oemichen for conditional approval based on staff recommendations plus the warranty by the owner of the property that the other people who depend on access will continue to have access on that site. Further discussion on the Town of Troy's concerns. Cernohous stated that the Town of Troy would be satisfied if the deed that was drawn up on this property would reference the easements that are already on the property. For the lack of a second, Oemichen withdrew his motion and made a motion to approve the CSM with the staff conditions and also note that the CSM will indicate any easements that are currently on the property and that the record show the discussion on the easements, seconded by Menter. Discussion on how to mention the road easements on the CSM. Motion carried. Robert Anderson SEl/a, SW1/4, Sec. 14, NEl/4, NE1/4, Sec. 22, and NWl/a, NWl/4, NE1/a, NWl/4, Sec. 23, T29N- R19W, Town of Hudson 2 lots - 68.42 Acres, Original - 68.42 Acres STAFF RECOMMENDATIONS: Conditional approval subject to if lot #'s were switched, there wouldn't be two lot 1's in NE, NE, Sec. 22; highway setback lines should be shown (150' from USH "12" and 100' from R/W of other roads); identify who drafted instrument; in curve 1-2, the arch and chord length should be 94.15'; and, do a soil test. COMMITTEE ACTION: Motion by Luckey, seconded by Menter to conditionally approve per staff recommendations but add to the contingency that the Town of Hudson be contacted to determine if they are going to require that the driveway for lots one and two go onto the "future road" on outlot one, and, if that is the case, the road would have to be brought up to standards and dedicated. Motion carried. Humbird Land Corporation NEl/4, NEl/4, Sec. 19, T29N-R18W, Town of Warren 2 lots - 31.71 Acres, Original - 219 Acres STAFF RECOMMENDATIONS: Conditional approval subject to add graphic scale; show 4 setback lines; identify who drafted instrument; the chord length in curve #4 should be 70.32'; degree symbols should be added to curve table; add general notice statement; and, do soil test. COMMITTEE ACTION: Motion by Luckey, seconded by Menter to conditionally approve per staff recommendations with the added conditions that the driveways for Lots 1 and 2 must come out onto what is shown as "Outlot 1" and Outlot 1 must be built to standards to a point 200' in from the public road. Motion carried. James Schwalen NEl/4, SEl/4, Sec. 28, T29N-R18W, Town of Warren 2 lots - 5.489 Acres, Original - 74.25 Acres STAFF RECOMMENDATIONS: Conditional approval COMMITTEE ACTION: Motion by Menter, seconded by Boche to postpone until the Town Board has made a recommendation. Motion carried. Nelson will look into the driveway issue. David Ray SW1/4, NW'/4, Sec. 5, T29N-R18W, Town of Warren 1 lot - 5.2 Acres, Original - 208 Acres STAFF RECOMMENDATIONS: Conditional approval subject to soil test; a building setback line should be shown 75' from normal high water mark; add general notice statement; and, since there exists a lot 1 in the SW -NW, this lot should be labeled lot 2. COMMITTEE ACTION: Motion by Oemichen, seconded by Menter to conditionally approve per staff recommendations. Motion carried. Harold Dulon SW1/4, NWl/4, Sec. 6, T29N-R19W, Town of St. Joseph 2 lots - 9.8 Acres, Original - 9.8 Acres STAFF RECOMMENDATIONS: Conditional approval subject to soil test; show total on east line lot 2 (355.66'); show 33.00' at NW corner lot 2; show highway setback lines; in line 6 and line 8 of the description, SW should be NW; add general notice statement; and, show joint driveway easement. COMMITTEE ACTION: Motion by Boche, seconded by Luckey to conditionally approve per staff recommendations. Motion carried. Ken Peterson NWl/4, NWl/4, Sec. 26, T29N-R17W, Town of Hammond 2 lots - 4.44 Acres, Original - 4.44 Acres STAFF RECOMMENDATIONS: Conditional approval subject to soil test; add surveyors seal, signature, and date; and, add general notice statement. COMMITTEE ACTION: Motion by Menter, seconded by Boche to conditionally approve per staff recommendations. Motion carried. 5 Lorren Derrick SEl/4, NEl/4, Sec. 22, T30N-R18W, Town of Richmond 4 lots - 12.25 Acres, Original - 109 Acres STAFF RECOMMENDATIONS: Conditional approval subject to soil test; sheet 2 should have heading and location; add lot numbers; label 50' setback line; show 66' width on dedicated road; need surveyor's seal, signature and date; the arc length in curve 2-3 should be 377.18'; the arc length in curve 5-6 should be 363.46'; make curve changes in description; in line 5 of description, should be an 80.00' radius; and, add general notice statement. COMMITTEE ACTION: Motion by Luckey, seconded by Boche to conditionally approve per staff recommendations with an added condition to dedicate the road to the public. Motion carried. Nancy Gehrig SEl/4, SW1/4, Sec. 27, T28N-R16W, Town of Eau Galle 2 lots - 40.15 Acres, Original - 40.15 Acres STAFF RECOMMENDATIONS: Conditional approval subject to show setback lines; show existing well and septic; and, in line 5 of the description, 1323.68' should be 1325.68'. COMMITTEE ACTION: Motion by Menter, seconded by Boche to conditionally approve per staff recommendations. Motion carried. Later in the meeting the Committee re -discussed this CSM and an amendment to the previous motion was made by Boche, seconded by Luckey to add the provision that the driveway has to be brought up to the County's driveway standards if it is not already. Motion carried. MAJOR SUBDIVISIONS As presented by Tom Nelson: Humbird Hills - requesting an extension on the preliminary plat Nelson explained that this plat was approved in 1990 under the old ordinance and referred to problems with this development, such as a water retention area that keeps washing out and the seeding was never completed. He explained that they have exceeded the one year time limit to request an extension on the preliminary plat. Nelson recommended that this not go into the final phase, but go back to the preliminary phase to take care of the existing problems. Paul Baillargeon responded that the erosion problems they have had were due to the rain this past summer. He noted that the first phase has been sold and an agreement with the new owner has been made to take care of the existing problems. Motion by Boche, seconded by Luckey to resubmit all of the preliminary plat except what he has already sold; in the "already sold" portion of the plat the ponding area, seeding, etc. must be completed to address the erosion control problems. Motion carried. The Committee recessed for lunch at 12:10 p.m. and reconvened at 1:20 p.m. R PLANNING BUSINESS 35/64 Corridor Planning Fedderly referred to the letter sent to Marty Beekman, WISDOT, from the Highway Department stating the St. Croix County Transportation Committee's support for the proposed "freeway" concept for the 35/64 corridor. Fedderly then introduced Marty Beekman to the Committee. Beekman reported that the 35/64 corridor has been enumerated for funding and the location has been picked. He noted that throughout the development of the project he heard the concerns for the preservation of the facility and the type of facility. Beekman pointed out that in the planning process for the future, the County should be planning for land use and access that would allow for an upgrade of the facility. He pointed out that federal legislation is requiring better preservation of all new facilities. Beekman then reviewed the purpose of the State Land Use Task Force, explaining that all units of government need to be involved and form a partnership in the planning of the facility. Beekman requested the support of the Planning & Development Committee and the County to proceed with the study. Fedderly discussed zoning for land along the "freeway" concept in relation to having limited access along the corridor. The task force will take this matter to the Towns along the 35/64 corridor, but would like to have the County's support before doing so. Discussion on what the study would do. Motion by Boche, seconded by Menter to have the Planning Department develop a letter to be signed by the Committee, endorsing the Land Use Transportation Management Study. Motion carried. County Surveyor Work Program 1:00 p.m. Rusch referred to the 1994 Work Program previously mailed to the Committee. Fedderly pointed out that this is a result of the County Board Budget Hearing decision for the Surveyor's budget, and the Planning & Development and Transportation Committees need to approve the plan. Rusch reviewed what he and Halling have accomplished in the past two years. Fedderly reviewed the billing process for the Surveyor's services relating to the Surveyor's budget. The Committee agreed that the hours are just as important as the activities and the hours have to be further reviewed. Rusch also reviewed what needs to be accomplished in 1994. Motion by Oemichen, seconded by Menter that the Committee agrees in concept to the work plan (except for item D.), but that hours need to be assigned to the various tasks; a meeting should be held with the private surveyors to obtain their input; after all of the above is accomplished, the plan is to be brought back to the Committee. Motion carried. ZONING BUSINESS CONTINUED Minnesota/Wisconsin Boundary Area Plan & Related Activities Nelson introduced Dan McGuiness from the Minnesota/Wisconsin Boundary Area Commission. 7 McGuiness reviewed a summary, previously mailed to the Committee, regarding the St. Croix River and its watershed and discussed the plan they have been working on. He has distributed the summary to all of the libraries, County and City offices, marina's and the general public. Two public hearings will be held, one on December 1st at the St. Croix County Government Center in the Community Room and the second one on December 2nd at the Marine on the St. Croix City Hall. The Commission will evaluate all the comments and come up with the final report in February of 1994. After McGuiness's presentation the Committee asked questions and commented on the study. Illegal Lot Creation Nelson reported that no one from the City would attend the meeting. He did note that the property in question has been annexed into the City. Motion by Oemichen, seconded by Menter to send a notice of violation to the City of Hudson for the two illegal lots that were created without seeking approval from the County first. Motion carried. Bills, Invoices & Revenue Report Nelson presented additional bills to be signed for Mary Jenkins for her trip to Madison to take the test for her Soils License. Nelson explained that she was in Madison two different times and the total for the first testing trip was $389.00 and $221.26 was the total for the second testing trip. Deb Kathan recommended to Nelson that the second trip be reimbursed and Chairperson Dorsey recommended the first trip be reimbursed. Discussion. Motion by Oemichen, seconded by Luckey to approve reimbursement to Mary Jenkins for the second exam trip to Madison, totaling $221.26. Motion carried. Boche voting against. Motion by Menter, seconded by Boche to approve the regular Zoning bills for October 1993. Motion carried. Vice Chairperson Oemichen asked that the minutes show that the revenue report was reviewed and approved by the Committee. PLANNING BUSINESS CONTINUED Bills, Invoices & Revenue Report Motion by Boche, seconded by Menter to approve the Planning bills for October, 1993. Motion carried. Vice Chairperson Oemichen asked that the minutes show that the revenue report was reviewed and approved by the Committee. ZONING BUSINESS CONTINUED Violations & Citations Nelson distributed copies of current violations and citations. Supervisor Oemichen discussed a complaint he received on an open non-metallic mining operation south of Coulee Road in the Town of Troy. Nelson reported he believes the operation violates the County Ordinance because it has been operated for more than 60 days. He is ordering the site to be reclaimed. Septic & Water Inspections Fee Increase Nelson reviewed what was discussed at the October meeting regarding these services. It was agreed to increase the septic inspection to $50 and the water inspection to $45, to be effective January 1, 1994. This was reflected in the 1994 budget. All Realtors will be notified of the increase. Motion by Luckey, seconded by Boche to approve the increase for the septic inspections from $25 to $50 and the water inspections increased from $35 to $45. Motion carried. Request for Park Moneys to be Released in the Town of Emerald, Glenwood & Stanton Nelson distributed copies of the three park requests. Stanton requested $500 to donate to the Star Prairie Lions Club for park equipment. The Committee agreed to not take action on this until they receive documentation of the costs. The Committee then discussed the request from the Town of Emerald for all of the money they have in their escrow account for materials and labor for the park shed that was built. Nelson explained that the request from the Town of Glenwood for all of their park escrow moneys is for a joint project with the Town of Emerald to build the park shed. Motion by Boche, seconded by Luckey to approve the request for park moneys from the Town of Glenwood escrow account for the park shed. Motion carried. Motion by Boche, seconded by Menter to grant the request from the Town of Emerald. PLANNING BUSINESS CONTINUED County Land Records Funds Fodroczi referred to the WI Land Information Program Recording Fee Submission Form previously sent to the Committee and discussed the statement in Section B, the number two question and Certification portions of the form. He explained that this form is completed every month and sent with a check (for the fees collected) to the state with his signature in the Certification section. Due to the fact that the money is not being spent exclusively on what is asked in question number two, Fodroczi hesitates to sign this portion until Corporation Counsel has had a chance to evaluate this. The form will not be completed and the fee money will not be sent to the state while staff works with Corporation Counsel. Fodroczi will have more information for the Committee at the December meeting. 9 Ordinance Amendments Nelson wanted to review the language changes he received from Corporation Counsel with the Committee before going to the County Board for approval. Timmerman reviewed all language changes with the Committee. Discussion. Motion by Menter, seconded by Boche to refer this to the County Board for adoption. Motion carried. Nelson reviewed the ordinance amendments that need to be addressed in 1994 such as the animal units and waste issues and a provision for a concentrated unit of animals in a given area. MAJOR SUBDIVISIONS CONTINUED Jacobson's Woods, City of Hudson: requesting preliminary plat approval. Motion by Oemichen, seconded by Boche to approve the preliminary plat under our authority as an objecting agency. Motion carried. Boulder Point, City of Hudson: requesting preliminary plat approval. Motion by Oemichen, seconded by Menter to approve the preliminary plat under our authority as an objecting agency. Motion carried. Any Other Business Nelson informed the Committee that Michele Judge, Zoning Secretary, has given her two weeks notice to terminate her employment with the County. She will be returning to her former employer at a higher salary rate. Nelson stated that Personnel has been notified and the normal procedures will be followed to fill the position. PLANNING BUSINESS CONTINUED Boody Property Purchase Request Fodroczi referred to a map showing the location of the property owners along Grandview Drive who are requesting to buy an added 50 foot buffer piece of property between their homes and the County property. The total length along the eight parcels is 700 feet. Fodroczi did have a meeting with these property owners. Motion by Oemichen, seconded by Boche to recommend that an appraisal be obtained and the property be sold to the adjoining land owners, but that no further parcel sales be considered until a plan is developed for the entire County property. Motion carried. Economic Development Corporation Report Supervisor Oemichen reported the St. Croix County Economic Development Corporation is receiving contribution checks from municipalities for its 1994 budget. The Corporation is IN advertising for an executive director in the St. Paul Pioneer Press, local newspapers and trade publications. The full Corporation Board will interview finalists in early 1994 and County Board members are invited to participate. Real Property Lister Report Zilz reported that she is waiting for the City of Hudson disk to come. Once they are finished with the City of Hudson, a tax master will be created. Mill rates will be coming in sometime after Thanksgiving along with yearly solid waste disposal costs which will be added to the statement for 1993. Zilz reviewed the ordering of the tax forms and was told not to over order because the forms will be changing for 1994 taxes. Zilz stated that the new real property tax software is a reality. However, several new features will probably not be implemented due to the loss of temporary help in 1994. This would not allow the regular staff time to put in all the needed information to take advantage of all the new program's features. Zilz feels this information would be helpful to the public. Zilz noted that she and the County Treasurer, Mary Jean Livermore, will be hosting a meeting for all of the County Treasurers and Clerks on November 30th. Because of the new people in these positions, they will be answering any questions they may have regarding the tax preparation procedure. Zilz noted the total difference of the assessed values between 1992 and 1993, aside from the City of Hudson, was $90,659,960, which is a 5.92% increase county wide. MEETING SCHEDULES There was brief discussion and comments by the Committee. Menter requested the record show that he is against centralized hearings. He feels people are more comfortable in their own communities. Menter stated that he is not in favor of video taping the viewing. Oemichen did like the consent agenda concept but would be concerned about having to review the information at home, given the volumes of Committee information received. Luckey did not like the consent agenda list because an open discussion with questions asked leads to a better decision. The Committee agreed to put this on the December agenda for further discussion. 11 PLANNING BUSINESS CONTINUED Washington County Comprehensive Plan The Committee agreed to postpone this issue until the December meeting. Motion by Menter, seconded by Boche to adjourn the meeting at 5:16 p.m. Motion carried. Respectfully submitted: Linda Luckey, Secretary ro Rosemary Olson, Recording Secretary