HomeMy WebLinkAbout024-1016-50-000 (2) ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
1 r"""N A MMN11(1 ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
- — Hudson, WI 54016-7710
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I (715) 386-4680
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July 18, 1995 File Ref: 73-94
Mr. Orrin Summers
1722 County Road N
Hammond, Wisconsin 54015
RE: Board of Adjustment Decision
Dear Mr. Summers:
The St. Croix County Board of Adjustment has reviewed your
application for a permit for a special exception use for a junkyard
and has denied your application. The enclosed document is the
formal decision regarding your application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
Thomas C. Nelson
Zoning Administrator
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Enclosure
cc: Ken Nelson
670 10th Avenue
Baldwin, Wisconsin 54002
Alan W. Kraft, Chairman
Town of Pleasant Valley
1780 8th Avenue
Hammond, Wisconsin 54015
1 3
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 73-94
Complete Application Received: 12/27/94
Hearing Date: 1/26/95, 2/23/95 and 5/22/95
Dates of Publication: Weeks of 1/9/95, 1/16/95, 2/6/95, 2/13/95
6/5/95 and 6/12/95
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicant is Orrin Summers whose address is 1722 County
Road N, Hammond, Wisconsin, 54015, and owner, Ken Nelson, 670
10th Avenue, Baldwin, Wisconsin 54002 .
2 . The applicant on 12/27/94 filed with the Zoning Office an
application for a special exception use for a junk yard.
3 . Ken Nelson is the owner of the property which is the subject
of the application which is located in the SWk of the SWk of
Section 9, T28N-R17W, Town of Pleasant Valley, St. Croix
County, Wisconsin.
4. The subject property is presently used for residential
purposes.
5. The property is zoned Ag. -Residential under the current Zoning
Code of the St. Croix County Zoning Ordinance.
6. The Town of Pleasant Valley opposes the application.
7. Introduced as Exhibit #1 at the Board of Adjustment hearing
held 1/26/95 was a site plan showing the property and its
location to County Road N; Exhibit #2 , letter from Al Kraft
dated 6/20/94 which identifies the town's involvement with
this project; Exhibit #3 , brief description of the property by
Kenneth Nelson; Exhibit #4 , letter addressed to Al Kraft from
Orrin Summers; Exhibit #5, correspondence received from Al
Kraft dated 1/22/95 which addresses 6 issues that the town
located at the time the application was reviewed; Exhibit #6,
a copy of a bill from Orkin; Exhibit #7 , a series of
photographs; Exhibit #8, a copy of an article from the
Minneapolis Tribune which relates to junkyards with runoff;
Exhibit #9, a copy of an Army Corp of Engineers map which
shows where the water runs; Exhibit #10, a series of 3
photographs of Ken Nelson's place.
8. Orrin Summers, being duly sworn, stated that he rebuilds old
automobiles. He is not there to sell used parts. A couple of
his friends and his son also have a couple of vehicles there.
He has 5 kids and this is how he makes his living. `-He rents
the house out to a man who has the auto parts store in
Baldwin.
9. As far as the question of rats, there was one caught in the
house. Orkin came out. It would have cost him $30. 00 a
month. Orkin told him that there didn't seem to be any
indication of new rats there.
10. Summers stated that he feels that some of the people on the
Board of Pleasant Valley are prejudiced against him and also
some of the neighbors. They are so concerned about what he is
doing that they don't notice anybody else that is in violation
doing the same thing he is doing. He stated that he cannot
live there if he is being discriminated against.
11. Summers indicated that he would fence everything in if need
be. He stated he has worked on a town board member's car when
he was going to college. He doesn't work there every day. He
buys the cars, fixes them up and resells them. He has found
out that he can buy the cars, as many cars as he wants, just
so that they are titled in his name. He doesn't want over 25
cars total on the property at one time. He needs to buy the
cars when the price is right.
12 . He stated that he does do some painting on the vehicles but
stores no more than 5 gallons of paint at one time there on
the premises. He may have up to 5 gallons of lacquer thinner
there at one time. When he drains antifreeze he reclaims it
and stores it in 5 gallon plastic containers.
13 . Sarah Summers, being duly sworn, stated she is Orrin Summers'
oldest daughter. She has helped her father in the past and
feels he is not hurting anybody. She helps him out with the
paperwork. She has gone with him to Eau Claire to get
vehicles licensed and also runs parts for her dad.
14 . Richard Zwald, being duly sworn, stated that he is a
supervisor for the Town of Pleasant Valley. He indicated that
he has nothing personal against Mr. Summers but is just
concerned about the situation. Zwald indicated that they have
worked with Summers for over a year. They want him to clean
the place up and put as many vehicles inside as possible. He
feels nothing will change with Mr. Summers. They have checked
on the past history of past residences for Mr. Summers and
those places have had similar problems as they are having with
Mr. Summers. The residences next to Summer's residence don't
want a scrap or junk yard next to them. These are nice
places.
15. Connie Chamberlin, being duly sworn, stated she is aware of 2
other properties with clumps of cars like the Summers
property.
16. Lurene Bahnsen, being duly sworn, stated that she livos to the
east of Orrin Summers. She is a pig farmer and` she has
nothing against Mr. Summers. When Summers moved in she went
over to see him. Summers stated at that time that he was
going to have a body shop out there. She recently got a
letter from the Zoning Office regarding his salvage yard. On
1/18/95 she called Jim Thompson of the Zoning Office who
indicated that citations had been issued to Mr. Summers.
Summers told her that he got an extension to get the cars
under cover. She indicated that there is not a dumpster out
there, no recycling. She is concerned about what will be
happening out there.
17 . Tom Afdahl, being duly sworn, stated that he is the town board
member Summers referred to in which his car was worked on.
Afdahl indicated that Summers does excellent work. The people
of Pleasant Valley did vote to defeat the special exception
use request. He went on to state that he feels Mr. Summers
needs a break. He has gone through rough times. He was in
Vietnam. Afdahl indicated that he shares the common concerns
of the rest of the people here today.
18. During the course of Afdahl's testimony, Mr. Summers stood up
and advised the Board that he didn't wish to pursue his
request for a salvage yard if the people from Pleasant Valley
don't want him there in the first place. Later in the
morning, Orrin Summers again came before the Board and
indicated to them that he would like to reinstate his permit
application and continue with his hearing. He stated he can
live with any decision the Board makes.
A motion was made by Neuman, seconded by Filipiak to reinstate
Summers' permit application. Motion carried. The matter will
again be heard next month.
19. At the February 23 , 1995 Board of Adjustment hearing it was
indicated by Tom Nelson, Zoning Administrator, that this
matter was before the Board last month. Due to confusion,
withdrawing of the permit and then reconsideration of the
same, it is here again before the Board as new business. It
was published and people were notified. Nelson again
introduced the exhibits from the previous month.
20. Orrin Summers, previously sworn, indicated that he has been
sick and hasn't been to the site since the last hearing. He
indicated that he did call Kadinger and after March 1st
Kadinger will start hauling vehicles away. Summers stated
that the Town of Pleasant Valley is close knit and prejudiced.
Anyone that is an outsider stays an outsider. He is not
trying to do any less or any more than anyone else is out
there. Summers stated that he intends to use the pole barn as
his main building to work out of. He has one vehicle out
there that doesn't belong to him and his son has a couple of
chassis out there. The shop is a metal building which has a
wood barrel stove in it.
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21. Donna Hauser, being duly sworn, stated that their place is
kiddy corner from Orrin Summers' place. Nothing against
Orrin, but they don't want him to have a salvage yard there.
Her son runs Hauser Auto Repair. If Orrin gets a commercial
license to paint cars and keeps it neat they would have no
problem with it.
22 . Mary Zwald, being duly sworn, stated she owns property to the
west of the property in question. Mrs. Zwald stated that
Summers has been there for 17 months. Things are just getting
worse. She is concerned with the drainage. The Parker Creek
Water Shed Project dumps into the Kinnickinnic. There are 2
culverts in place that go under Highway N on their property
that handle run off. There are 25 cars on the property at
this time. What happens if the Board okays this and Summers
moves out there. They have 5 drivers now with 8 cars. The
house is right on Highway N. Two more kids will be driving in
the near future. There is just not enough room to park out
there for that many cars.
23 . Orrin Summers, being duly sworn, stated that the issue here
for the Zwalds is that they had a chance to buy the rest of
the property and didn't. They would like to have this
property now and wished they would have bought it. Summers
stated he has a land contract for this property. Summers
stated that Zwalds can't see what he is doing from his house
now.
24 . Robert Zwald, previously sworn, stated he doesn't know where
Summers got the information that they wanted to buy this
property. If they would have known this would have happened
they would have bought it.
A motion was made by Mehls, seconded by Neumann to grant a
temporary permit for 4 months. During the course of these four
months, the applicant must comply with the following conditions:
1. No more than 18 vehicles, unlicensed or part of the business,
can be stored on the property. Of these 18 vehicles, no more
than 10 can be stored outside.
2 . Vehicles stored outside must be screened so they are not
visible to the public view.
3 . A vehicle chassis or body parts constitute a vehicle for the
purpose of this decision.
4. All miscellaneous junk and automotive arts are to be stored
J A
inside buildings out of the public's view.
5. All solvents, lubricants, and other hazardous materials must
be properly stored and disposed of.
At the June, 1995 regularly scheduled meeting, the Board of
Adjustment will again review the application and site to slae if the
above requirements have been met. At that time they will make a
final decision.
25. On June 22 , 1995, Tom Nelson, Zoning Administrator, indicated
that this application was originally considered in the month
of January for a salvage yard operation. The case was
postponed until February and Mr. Summers was given until June
to clean the place up. Nelson read the Decision into the
record. Nelson indicated that he has viewed the property
every two to three weeks. He had a chance to talk to the
applicant this morning who indicated that he was going to move
everything off the site. Nelson encouraged the applicant to
appear before the Board this morning to give his side of this
case.
26. Orrin Summers, being duly sworn, stated that he had intentions
to comply with the rules and regulations which were given to
him four months ago. He just hasn't had the time to do it
all. He indicated that he doesn't have the money now either.
Summers asked that the Board give him another two month
extension. He indicated that he has a rental purchase
agreement with Ken Nelson.
27 . Summers stated that he has an arrangement with a Bruce from
Baldwin to move the cars. He would give this guy the cars in
return for him hauling them away. Bruce is supposed to be
there this morning. He has hauled two to three cars out of
the waterway area already. The suburban is inside now.
28. Mehls inquired of Summers whether or not Kadinger was
recontacted by him to take cars away. Summers indicated that
he talked to the guy in Baldwin yesterday. He has 10 or 11
cars outside and 10 to 12 cars inside. Two chassis belong to
his son. There is a 35 Chevrolet pickup that belongs to a
friend but the chassis is sitting outside. This is his full-
time occupation, repairing cars. Summers asked the Board
whether or not if they knew how hard it was to take nothing
and making something out of it. Summers has a family. He is
trying to making a living.
29 . Neumann asked Summers if he could get the total number of cars
down to 18 in the next month. Summers stated it costs money
to move the cars. He went on to state that he feels that the
people of Pleasant Valley are prejudiced. They don't have to
put up fences. He has been fighting to keep a living. Orrin
asked if anyone else out there was going to be issued
violations.
30. Summers stated that he doesn't believe he can clean the place
up in two to three weeks. He needs the extra two months to
fix his trucks and clean it up. If he doesn't have it done,
he doesn't want the permit.
31. Al Kraft, being duly sworn, stated that he is the Chairperson
for the Town of Pleasant Valley. Kraft stated thatthe hoped
that the Board would stand by their decision and not add any
months on to this. If Mr. Nelson would have been out several
times, he could verify the number of vehicles out there and
the solvents. The issue is whether or not to establish a junk
yard on this site in the Town of Pleasant Valley. Four months
extra would be fooling around.
32 . Summers, previously sworn, stated that Kraft is a prejudiced
man. There aren't any solvents out there. He stated that he
hasn't worked there since the last meeting.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70 (5) (c) 4 to approve special exception uses.
2 . Special exception uses may be terminated as per 17.70 (7) (d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3 . Section 17 . 15 (6) (i) allows a special exception for a salvage
yard.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board denies the applicant's request for a
special exception use for a salvage yard. The Board feels that the
applicant has not shown an effort in trying to clean the place up
as requested. The following vote to deny was taken.
Chairman Bradley Yes
T. Filipiak Yes
A. Jensen Yes
J. Neumann Yes
C. Mehls Yes.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONIING BOARD OF ADJUSTMENT
o -�
Signed
Chairperson
Dated: 7/18/95
Filed: 7/18/95
• 0
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, June 22 , 1995
The meeting was called to order by Chairman John Bradley at 9 : 00
a.m. A role call was made. All members were present.
Filipiak made a motion to approve the agenda, seconded by Jensen.
Motion carried.
A motion was made by Neumann to approve the minutes as mailed,
seconded by Mehls. Motion carried.
Friday, June 23 , 1995 will be the date of the next meeting.
UNFINISHED BUSINESS:
Orrin Summers
Nelson indicated that this application was originally considered in
the month of January for a salvage yard operation. The case was
postponed until February and Mr. Summers was given until June to
clean the place up. Nelson read the Decision into the record.
Nelson indicated that he has viewed the property every two to three
weeks. He had a chance to talk to the applicant this morning who
indicated that he was going to move everything off the site.
Nelson encouraged the applicant to appear before the Board this
morning to give his side of this case.
Orrin Summers, being duly sworn, stated that he had intentions to
comply with the rules and regulations which were given to him four
months ago. He just hasn't had the time to do it all . He
indicated that he doesn't have the money now either. Summers asked
that the Board give him another two month extension. He indicated
that he has a rental purchase agreement with Ken Nelson.
Summers stated that he has an arrangement with a Bruce from Baldwin
to move the cars. He would give this guy the cars in return for
him hauling them away. Bruce is supposed to be there this morning.
He has hauled two to three cars out of the waterway area already.
The suburban is inside now.
Mehls inquired of Summers whether or not Kadinger was recontacted
by him to take cars away. Summers indicated that he talked to the
guy in Baldwin yesterday. He has 10 or 11 cars outside and 10 to
12 cars inside. Two chassis belong to his son. There is a 35
Chevrolet pickup that belongs to a friend but the chassis is
sitting outside. This is his full-time occupation, repairing cars.
Summers asked the Board whether or not if they knew how hard it was
to take nothing and making something out of it. Summers has a
family. He is trying to making a living.
Neumann asked Summers if he could get the total number of Qars down
to 18 in the next month. Summers stated it costs money to move the
cars. He went on to state that he feels that the people of
Pleasant Valley are prejudiced. They don't have to put up fences.
He has been fighting to keep a living. Orrin asked if anyone else
out there was going to be issued violations.
Summers stated that he doesn't believe he can clean the place up in
two to three weeks. He needs the extra two months to fix his
trucks and clean it up. If he doesn't have it done, he doesn't
want the permit.
Al Kraft, being duly sworn, stated that he is the Chairperson for
the Town of Pleasant Valley. Kraft stated that he hoped that the
Board would stand by their decision and not add any months on to
this. If Mr. Nelson would have been out several times, he could
verify the number of vehicles out there and the solvents. The
issue is whether or not to establish a junk yard on this site in
the Town of Pleasant Valley. Four months extra would be fooling
around.
Summers, previously sworn, stated that Kraft is a prejudiced man.
There aren't any solvents out there. He stated that he hasn't
worked there since the last meeting.
Bradley indicated that the Board would view the site and render a
decision.
NEW BUSINESS:
The hearing was called to order by Chairman Bradley. Nelson read
the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, June 22 , 1995 at 9 : 00 a.m. at the Government
Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County Zoning Ordinance. An on-
site investigation will be made of each site in question, after
which the Board will return for the purpose of deliberating and
voting on the appeals.
1. ARTICLE: 17 . 18 (1) (r) Music Theater and Festival Grounds
APPELLANT: The Jack Raleigh Family/River's Edge/Alice, Inc.
LOCATION: SE; , SE', , Section 31, T31N-R18W, Town of Star
Prairie
2 . ARTICLE: 17 . 29 (2) Filling and Grading on the Bed of a
Navigable Body of Water (Perch Lake)
APPELLANT: Perch Lake Property Owners Group/Patrick Collins
LOCATION: Perch Lake properties with water frontage. Parcels
in St. Joseph Township located by owner and parcel
I .D. number: Sybrant, 290F; Jewell , 307B; Onstott,
259G; Aysta, 290C; Ottman, 259G; Mackmiller, 290G;
Gavin, 290K, 290L; Chapin, 307G; Collins, 290D;
Kerrick, 290E; Petersen, 307D
3 . ARTICLE: 17 . 64 (1) (c) 2 Setback from a Class C Road
APPELLANT: Town of Eau Galle
LOCATION: NW; , NW; , Section 22 , T28N-R16W, Town of Eau Galle
4 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: JSK Family Trust/Richard Holman
LOCATION: NE; of the NW; , Section 2 , T28N-R17W, Town of Rush
River
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680 .
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley introduced the other members of the Board as being
Tim Filipiak, Arthur Jensen, Charles Mehls and Jerry Neumann. Tom
Nelson, Zoning Administrator, was present to assist the Board with
the introduction of the materials as well as recommendations as to
how the ordinances applied. On call was the St. Croix County
Corporation Counsel's Office.
Chairman Bradley explained the procedures of the hearing requesting
that individuals wishing to testify sign their name in the front of
the room on the sign up sheet provided.
Town of Eau Galle
Nelson indicated that this is a request for a variance setback off
of a Class C road. Introduced as Exhibit #1 was a site plan of the
proposed building site showing an 83 foot setback off of County
Road BB. The County Ordinance requires the setback to be 133 feet
of a Class C road.
Don Rodel , being duly sworn, stated they are requesting that a
variance be granted for building a new town hall . They were going
to redo the old structure but decided they would be spending more
money on that than a new building. The fill would be a tremendous
amount. The new proposed building is 30' x 601 . This would be
located off to the north of the existing facility toward the road.
They will be using the other building for storage. This is a
historical building and they would keep it in repair. They would
like to update their facility to make it user friendly. The old
building is 24 ' x 321 . They would store town signs and a number of
files in it. Every officer at this time has a number of files in
their house. There is no plumbing. There will be a sanitary
facility. Identified on Exhibit #1 as "A" was the area of the
septic system. They will be using the old well . There is just
about 40 acres there but it drops off and goes back into a ravine.
Bradley indicated that the Board would view the site and render a
decision later this date.
JSK Family Trust/Richard Holman
Nelson indicated that this is a request for a setback variance off
of a Class D road. Introduced as Exhibit #1 was a site plan
identifying a proposed 40' x 120' building to be set back 115 feet
off of 60th Avenue. The ordinance requires a 133 foot setback.
Nothing has been received from the Town of Rush River.
Richard Holman, being duly sworn, stated that he went before the
town board last month and the Town of Rush River approved it. This
is just for a machine shed. It is the only place he can put it.
The land behind the shed is pasture. There is a grain bin in the
way that would prohibit him from putting the shed back any further.
Indicated on Exhibit #1 as "A" , the distance to the grain bin and
"B" , the doors on the proposed shed. The building is not staked.
the door on the east end is 24 ' high for big equipment. The
property has been in the family for 130 years. There is 300 acres
in Rush River and some in the Town of Hammond.
Bradley indicated that the Board would view the site and render a
decision later this date.
Perch Lake Property Owners Group/Patrick Collins
Nelson indicated that this is a request for filling and grading on
Perch Lake. Nelson stated that he reviewed the information with
Dan Koich and then they got back to the applicants. He received
information back from Pat Collins. What they were missing was the
identification of the high water mark, the width of the riprapping
and the frontage of the property to be riprapped. Nine of the
applications are okay. Some of the other applications requested
filling to be placed out into the lake which is not acceptable.
Nelson indicated that he feels comfortable recommending approval of
the riprapping with a minimal amount of three to four feet,
maintaining a minimum slope.
Chairman Bradley indicated that the Board anticipates a leisurely
ride around Perch Lake sometime today to view the sites.
Pat Collins, being duly sworn, stated that he is a Ground Water
Specialist in the Baldwin field office. He has discussed these
applications with Nelson and Koich and on special parcels the width
is justified. They need a survey out there to site the height of
the road for a maximum two to one slope, two foot horizontal to
every one foot vertical . This project is in four or five phases.
This is a small 45 acre lake with 14 or 15 property owners on the
lake. All but one owns 100 to 200 feet of shore. Seims have over
half of the lake shore, approximately 60 acres. The lake has gone
down an inch. Their fear is since 1990 the lake has gone up 3
feet. Since October of last year 10 inches. They are hoping it
goes down. The lake has gone over the access road on the west side
of the lake. Chapin and Jewels have seasonal cabins. They will
work closely with Nelson and Koich for the width of the riprap.
Jewell and Chapin would like to proceed as soon as possible.
Collins indicated that he had some photographs. Exhibits 1 and 2
are the Sybrant project, Exhibits #3 and #4 are the Aysta project.
Exhibit #5 are 5 photographs showing and aerial view of the lake.
Collins indicated that the town board was out there last night. The
road is being undercut. The township recommended approval of the
projects. Part of the project can be delayed but Jewell and Chapin
really would like to get started. Water is inches over the road.
This is an unimproved private road. They would like to rebuild it
and restore it which would make it a much improved road.
Lloyd Dahlke, Chairperson for the Town of St. Joseph, being duly
sworn, stated that town board met last evening and walked around
the lake or all that they could get to. The Board is in full
approval of this project. Introduced as Exhibit #6 is a letter
from the Town of St. Joseph recommending approval of the
application.
Carol Sipe, being duly sworn, stated she is representing herself
and her sister. They own two undeveloped lots, which they have
owned since 1946. The access road has been moved back gradually by
Ecker. They are about a half an acre now instead of a full acre.
The bay is shallow and then it drops down into the lake. There has
been no water in it for years. They feel they are being squeezed
out of existence. Any further filling and grading would be a band-
aid fix. Chapin owns property in the back. He could go over the
back property. She indicated that she doesn't want the road where
they want it. If it drys up the road would go through the middle
of her property. Introduced as Exhibit #7 was a site plan for
Wahldorf.
Tom Bell, being duly sworn, stated that he has represented Mrs.
Sipe in the past. The situation is that there is an easement
across her land but it is under water. Ecker keeps moving their
easement up on her property. The neighbors are the ones requesting
riprapping but she is the owner of the property and she doesn't
want it. The water was up in the mid 801s. They attempted to get
a permit through DNR in the 801s. Chapin could come in through his
property.
Nelson proposed that they delay this application for a month to get
the private easement resolved. Ms. Sipe indicated that the water
is up over the stake as a marker for the lot line and that the
water is about halfway through her acre.
Chairman Bradley indicated that the Board would postpone this
application for a month.
Whereupon a five minute recess was taken.
The Jack Raleigh Family/River's Edge/Alice, Inc.
Nelson indicated that this is a request for a music theater and
festival grounds. Nelson stated that Attorney Bell has a number of
exhibits to introduce. After Bell introduces his exhibits, Nelson
will add his exhibits in order to not duplicate exhibits. The
property in question is zoned commercial . The applicants are
wanting to build an amphitheater to house 20 concerts a year.
There is some grading involved. DNR has been contacted. There is
10, 000 square feet of grading within DNR regulations. They have
identified the parking area, sound wall and earth berms, police,
fire, medical , lighting and signs, stage, loading dock, etc. They
are planning to start construction the fall of 1995 with a full
summer of events scheduled in 1997 . There are 21 acres there. The
recreational area is 140 acres.
Tom Bell, previously sworn, stated he is a lawyer in New Richmond
and has represented the Raleigh family throughout the y ears. This
proposal has gotten a lot of controversy based upon rumors and
innuendos. He indicated he would like the Board to base their
decision on evidence presented here today. This has been a family
oriented business for 53 years. They would like to build a
permanent music theater. This is not an application for 20 rock
concerts. This will be like 55 other facilities near large cities.
The types of music will be country, pop, classical and rock. It
will appeal to families of all ages. There have been some very
large concerts. Field concerts and theater concerts are entirely
different. There is no control over field concerts. They come and
go. This will have an experienced staff. The audience will be
used to coming to the area and they will be controlled. There have
been some concerns expressed at the town board hearing. They have
addressed these concerns. Those concerns were traffic on County
Road C and Raleigh Road, noise and pedestrian traffic. The
Raleighs come before you today expecting you to impose conditions
on them. They will abide by those conditions. A noise limit
should be imposed. If they don't abide by the conditions, they
will not operate this facility. This is an economic proposal for
St. Croix County. It means a 4 to 5 million dollar tax increase.
This facility will generate revenue to the county. Introduced into
evidence were Exhibits #6 through #13 . Exhibit #11 is an economic
impact statement. Another condition suggested be imposed would be
the permit fees of 1 percent on the gross ticket sales and the
annual fee for operating the facility, for an annual revenue to the
County of $69, 000. 00. The sales tax generated would be $54 , 000. 00
and the State taxes generated would be $540, 000 . 00. There will be
an increase in local wages. This is a unique project. They will
operate for less than 30 days a year and g et these revenues. The
overall impact in the area will be significant.
William J. Raleigh, being duly sworn stated that he has several
parcels that total in excess of 200 acres. Their primary business
is the River's Edge restaurant.
g They have operated it for 50
years. In the 1960's they started tubing with various other spin
offs. The water slides were installed in the 801s. They are a
drop off point for all parks operating in St. Croix County. They
estimate 13 , 000 to 15, 000 people will be tubing each year. With
the three other parks in the area, over 40, 000 to 50, 000 people
tubing. They are brought in by buses. They own 13 large city type
transit buses. The started concerts in the '
They early 50 s. Their
largest concert ever was last summer with that being the Metallica
concert. Introduced as Exhibit #6 was a letter from the Sheriff
Ralph Bader relating to the Metallica concert last summer; Exhibit
#13 , letter from the Town Chairman of Somerset. The concession
stands are being run by nonprofit organizations such as the youth
hockey, girl and boy scouts and St. Ann Schools. They have parking
for 7 , 500 to 7 , 800 cars in two places. There is other parking
available in and around the village and with other parks by bus.
Other parks have buses also.
The tubing business is changed year by year by the weather
patterns. In 1991, 1992 and 1993 , summer didn't show up.
Chairman Bradley asked Mr. Raleigh if they were still in arrears in
property taxes. Raleigh stated that last year they paid
$135, 000. 00 in taxes and arrears. He stated they are in a joint
venture with another company, that being HRH Enterprise
Entertainment but the Raleighs are very much involved in the
project. They are indebted $121, 000. 00 yet to the County. They
will be able to clean this up. They estimated the construction
costs to be three million dollars. Since meeting with the town
board, they estimate it now to be 3 . 8 or 4 million dollars.
Financing is in place. They wouldn't be here today if they felt
the project would fall through. Bell indicated that he talked to
a representative from the First National Bank of New Richmond and
they are behind the Raleighs 100 percent.
Greg Timmerman, Corporation Counsel asked how do people know which
site to go to. Bell indicated that the architect will present that
later today. There are designated shuttles in the parking areas.
Bell indicated that as far as flood zoning is concerned, he has
talked with Dan Koich and only a grading permit is needed. They
are not in a flood plain. Nelson stated that when you are within
300 feet of water, filling and grading apply. This property is
definitely in the shore land district.
Dewey Thorbeck, being duly sworn, stated he is the present owner of
Thorbeck Architects. He was hired to construct a plan for a
theater. On Exhibit #1 the drawing illustrates property. In red
is the existing homes surrounding the property. The open field was
used for the field concert. The wetland area by Highway 64 will be
graded. They located the theater in the northeast corner of the
property for typographical reasons. This the least impact for
sound. The will utilize the existing field area for parking.
There will be a new pedestrian bridge over the Apple River. Bus
parking will be at the top of the hill . The existing campground
will remain. Access will be from the north and south with
ticketing at both ends. They will have toilets and concession
stands.
The noise management plan outlines the noise standard, that being
a 55 decibel limit, which will be established 24 hours a day.
Entered as Exhibit #14 was a booklet. The system has a sound
monitoring system built in and a permanent record will be kept.
The County would be able to verify this. Exhibit #9 was 2 noise
level charts which came from an environmental impact study for
Highway 64 by the Department of Transportation. The first page of
Exhibit #9 , standard for impact study, normal conversation is at 60
decibels. They are stating it will be 55 decibels for the stage.
The standard the State of Wisconsin uses for highway construction
is 57 decibels. Bell indicated that if the sound can't be no more
than 55 decibels, they won't operate the facility. The controls
will adjust the speakers. The volume and sound control will be run
by the people on the site, not the bands. The Department of
Transportation says that normal highway noise is around 50
decibels. This sound shouldn't be bothersome to the area
residents. They will be operating at a standard less than the
Department of Transportation's standard of 57 decibels.
Chairman Bradley indicated that the Town of Hudson has a noise
ordinance from 6: 00 p.m. top 8 : 00 a.m. of 45 decibels. He also
stated that area neighbors at the Harriet facility shut it down.
It was like a field facility.
Bell stated that what makes this unique is lowering the stage area
and building berm areas. They are proposing to supplement that
with a wood sound wall area to hopefully contain the sound. A
field stage is wide open. This has a permanent stage with a roof
overhead. This is the reason for the noise management plan.
i
Filipiak stated that with the new map and old map, they would be
losing parking space with the new Highway 64 going in. They would
be going from 7 , 395 parking spaces down to 4 , 630 with the new
proposed highway. Bell indicated that for larger concerts, buses
will be running. They will be encouraging more people to come by
bus. If not, additional parking would be needed. The Raleighs
also have arrangements with contiguous places for more parking.
The Board inquired about the hours of operation. Bell stated that
some limit could be set on the hours of operation.
Al Bentley, being duly sworn, stated that he is the Maintenance
Supervisor for the Highway Department. Bentley read a letter into
the recorded from Dan Fedderly and Beekman dated 6/20/94 .
Introduced into evidence were Exhibits #16, letter from Beekman and
#17 , letter from Dan Fedderly.
Bell indicated that when they met with the township, the township
was concerned with the traffic and they want to accommodate the
concerns of the town board. Regarding the access off of County
Road C, they would add a right turn lane at the expense of the
operators which will improve the access and exist. There will be
no pedestrian traffic on County Road C. There is also the
increased cost for upgrading the field area. This will not be
blacktopped, just a grass area. As far as the crossing of Raleigh
Road, they will have a controlled crossing by patrolmen
supplemented by internal security which will be permanent. Also,
they will contract with the Sheriff's Department, which will be
paid by the owners. A detailed traffic control plan has not been
worked out yet. On Exhibit #15 the orange dot is the site. The
management plan is based on ticket sales. The preferred route will
be 94 to 65 to the east or up A. This will reduce some of the
impact on Stillwater and Somerset. This will be done by signs in
Minnesota and by an advertising campaign. They are designing this
facility based on other expensive facility.
There will be 3 , 000 fixed seats near the stage which will be
covered by a fabric roof. The stage will be enclosed on 3 sides
with a solid roof to prevent sound from going back. The speakers
and video will be adjustable back into the audience. This
amphitheater will enhance the rolling hills of Wisconsin during the
summer months and during the winter months, it will just be a nice
element to look at. They indicated that alcohol could be concluded
30 minutes before the event is finished. Bell feels it would be no
different than a Twins game. Under certain circumstances, the time
limit could be earlier.
As far as tailgating is concerned, it would not be in the Raleigh's
best interest to have drunks around or people getting burned.
Bathroom facilities, they are proposing some permanent facilities
which will be shut off during the winter months. There will be
more women facilities than men facilities along with some
satellites. It was suggested by Neumann that maybe there could be
some satellites in the parking area also.
Richard Shapiro, being duly sworn, stated that he has been in the
music entertainment business for the last 33 years. He is with
Company Seven, who have been the prime presenter of pop concerts in
the twin cities area for 15 years. They maintain the largest
concert by the Eagles in 1970 and the largest concert in Wisconsin,
that being Metallica at River's Edge last year. Looking at Exhibit
#12 , as shown there are not 20 heavy metal bands that tour. They
don't exist. Amphitheaters have a wide mix of talent ranging from
pop to country. The market would not sustain it. As shown, the
listing for amphitheaters in the country and shows this year, there
is not one heavy metal show on this list. There are numerous
facilities with a wide range of artists that make the venues
successful . They plan to run this facility the same way. There
will be on-site parking fees. It will be charged on top of the
ticket sales. The only problem with the traffic at the Metallica
concert were the entrepreneurs who brought them into their own lots
and charged them again. Only buses that contract with the
operation will be allowed in the facility. Radio stations will
notify customers the routes to go. When you purchase a ticket, you
get a map giving directions. At the concert over Memorial weekend
in Somerset, there is a picture in the Star Observer which shows
traffic backed up to Stillwater or Bayport. In that instance, the
ticket purchasers weren't notified by the radio stations.
Bradley inquired of Shapiro if he were to arrange a menu for 20
concerts, which artists would appear. Shapiro indicated that he
would bring in groups who would sell tickets. The average number
of people attending would be 8, 000 to 12 , 000. The artists` would be
similar to the exhibit provided, consisting of pop music, rock and
roll , country, classical and theater or broadway shows. Who tours
depends on record sales. If they don't have a record out, they
don't tour. Shapiro stated that the Board could impose on them cut
off times for liquor sales. It would be okay with them. They are
only asking approval to do this project. Cut off time for concerts
would be approximately 11: 00 p.m.
Pat Dougherty, being duly sworn, stated that she is principal of
St. Ann's School but now works at the Holy Rosary in Medford,
Wisconsin. She indicated that change and progress is going to
happen. People are reacting to the result of previous concerts.
This will provide a positive economic impact, i.e. jobs, tax
dollars, traffic, people control, toilet facilities. People have
seen the impact where planning has been next to nothing. Just look
at the plan and think about it. Think about what is right and add
whatever you think is necessary. St. Ann's Church was earmarked as
a subsidiary of the concerts. On Exhibit #18 , a letter from Ilene
Baillargeon who owns the Video Center in Somerset. She complained
that customers had taken over an hour to return a video tape.
Dougherty stated that a couple of weeks ago during the concert she
picked up and returned videos. Other business state that concerts
aren't doing them any good. She feels they should change what they
are selling, such as selling videos of the people in concert.
Bradimer Pedowski, being duly sworn, states that he is an owner of
a small business and lives 1%Z miles from River's Edge, north on
County Road C and Cook Drive. He lives by Cedar Lake Speedway and
puts up with that noise and has no problem with it. He feels the
amphitheater would be good for the community. It would help the
tax base. He stated he went through after the Metallica concert.
Everything was picked up by noon. He believes the Raleighs will
not put up with this.
Robert Blahoski, being duly sworn, states that he owns property
east of River's Edge. His home is about 4 blocks to the property
line. He stated he supports this facility 100 percent. Introduced
as Exhibit #19 was a copy of a paper showing back taxes from the
County Treasurer.
Nick Nyseth, being duly sworn, stated that he is the Director of
the New Richmond Ambulance and Rescue Service. They are in charge
of transporting the ill and injured. He has also been the director
of the ambulance service for the last 5 years. They have
participated in 3 of the Raleigh's concerts. It has been a very
positive venture. He has been in on the input and planning of the
facility. However, the medical coverage needs to be addressed.
The medical coverage suggested would be a staffed medical triage
area with 15 people, and 1 registered nurse on site. There would
be a physician's advisory group that would decide whether or not a
person would need to be transported. If they had an on-site
facility, some would be taken care of there. Nyseth indicated that
they can handle one to two concert weekends at this time.: He also
stated that the Raleighs asked that the New Richmond Ambulance and
Rescue Service be involved in future services for concerts. He
stated that they did see about 100 people in the triage area during
the Metallica concert. During the Metallica concert, either 24
hours before or after the concert, they had an additional 5 calls
but couldn't say that they were a direct result of the concert.
Types of injuries at the Metallica concert ranged from twisted
ankles, neck and back pain and heat related emergencies. There
were a lot of people packed in a small area and the weather was
warm the day of the concert.
Bell stated that there were 30, 000 people in a 10 acre area at the
Metallica concert last year. Land is not an issue. If need be,
they can add more land for the concert area.
Sharon Priebe, being duly sworn, stated she lives 3/4 of a mile
east of River's Edge. She stated that the new amphitheater is not
designed like the field concerts were in the past. She has been
talking to the people with the concert. She has voiced her
concerns to the Raleigh family. She also went through the
paperwork and the maps. The Raleighs want to work with the people.
If there is a traffic problem, have them fix it. Her children will
need some place to work at instead of being on a street corner.
Sam Stern, being duly sworn, stated that he is an attorney in
Minneapolis. He is here today to address the economic impact of
this project and clarify it better for you. There will be a
significant economic enhancement from this music theater. He has
represented Shapiro since 1986-1987 . He works with financial
numbers and business plans. They will encourage people to bring in
picnics. People will use the local facilities to buy eating
supplies which will increase food sales. This will have an impact.
Increase in restaurant dining and camping will be brought about.
Chairman Bradley indicated that claims have been made that this
will lower property values. Stern indicated that they should use
Highland Park as an example. This is an exclusive suburb. There
are houses there worth hundreds of thousands of dollars there. In
fact, the film Risky Business was filmed in Highland Park. He
indicated that a loss in property taxes comes about by a loss of
control . You need extensive security and traffic control . As far
as issues of alcohol abuse, you need to send out to the patrons
that it will not be tolerated. It is not going to happen.
Examples are the Metrodome and the Civic Center. You can't wander
out into the public streets there. This isn't going to happen at
this facility. He understands that St. Croix County could use a
boost. This would provide a significant economic boost at no cost
to the County. No illegal substances will be tolerated. This is
problematic behavior. Problematic behavior is people that attend
a public gathering who do not abide by the law or community
standards.
Riverdale Campground poses a problem with Raleigh Road. Riverdale
Campground will not operate on the days of the concerts. They will
be closed. This is not an issue. Last year at the Metallica
concert, entrepreneurs charged additional money for parking. No
arrangements were made to shuttle people back and River's Edge
responded to the problem. People mislead started walking back or
made other arrangements. When you know there is a larger concert,
you respond to the need. It was the people who were making the
quick buck that caused the problem, not the Raleighs.
Bell brought up the issue of fires. No tailgating will be
permitted. People can bring a picnic basket. Relieving oneself
will not be permitted. People coming to these concerts will
perceive what is going on in a different manner. The Board in this
case will be in control .
John York, being duly sworn, stated that he is his father's oldest
son. He owns property next to the campground. He is in total
support of this project. It is time someone takes control of this.
He has been there 30 years. He personally has never run over a
broken beer bottle on that road. He stated that his father and
brother are also in support of this project. If the town wants to
benefit from this, have them put up signs on how to get out of
town. There are other routes. He believe this is something for
the future and believes that the property will not diminish in
value at all .
Roland Jones, being duly sworn, stated that he has known the
Raleighs 20 some years. He has worked for them for 19 years but
less than 2 percent of his income comes from the Raleighs. he
works bussing people. During the heavy floating years he told
people other routes for going home and the people come back
thanking him. If there were any complaints, he has told the
Raleighs. River's Edge has done a lot to the community. He stated
that he worked the Metallica concert, which was real tough. The
key is to control the concert. If the need for an officer or
ambulance arises, he has no problem in calling one.
Perry Sutherland, being duly sworn, stated that he lives
approximately a mile southeast of River's Edge and is employed by
the camp ground. He is in support of this project 100 percent.
Carol Belisle, being duly sworn, stated she has been a resident of
Somerset for over 50 years. Somerset is a tourist town. She
believes the Raleigh's intention is to bring family entertainment
to the area. She sympathizes with the adjacent landowners. She
believes the benefits will outweigh the disadvantages.
John Heintz , being duly sworn, state that he has been Chairman for
the Town of Star Prairie for 10 years. The town board is in total
opposition to this project for three big reasons: one, traffic;
two, noise; three, bad element being brought in by the concerts.
No one was at the meeting that night that was in favor of this
facility being built. He also has had a lot of contact from people
who are against it.
• •
Jim Remington, being duly sworn, stated that he is an attorney from
New Richmond. He is appearing on behalf of adjoining landowners.
He will address the board with opening remarks with the following
people giving statements; Brenda Basques, Gordon Lofquist with
others to follow.
This is an unusual request from the applicants. They are appearing
with hat in hand and have done a very poor job in the past. They
are admitting their problems, i.e. behavior, excessive noise, dust,
traffic, alcohol . They have done a lousy job in the past. They
have held concerts since the 19601s. Over 25 years they have done
a lousy job but they state that they are going to do better in the
future and want you to impose upon them conditions. They want you
to give them a chance. There is a large assembly ordinance that
would apply to activities at River's Edge which was amended in
1978 . The County revised this ordinance. This is for groups of
1, 000 people in excess of 2 hours applied 60 days in advance of the
concert. They have found over the last 25 years that the ordinance
has been in effect River's Edge has never applied for a permit.
People are skeptic whether this would be abided by. People are
also skeptic whether the County can enforce this. The applicants
feel they are grandfathered in. In fact, Greg Timmerman had
discussions with the Raleigh's attorney in 1994 regarding a permit.
Nobody applied for a permit. They agreed that in 1995 there would
be an application for a concert. There are already two concerts on
the books planned. No permits have been applied for within 60 days
of the concert. In terms of control, the financial operation will
be controlled by people outside of St. Croix County. First
National Bank was going to foreclose a year ago. The Lis Pendens
is still of record with the lienholder being the IRS. The property
taxes are still delinquent. The Raleighs have done their best to
support the community. This is being financed by outside banks not
in the area or joint ventures. The operation will be controlled by
them. Introduced as Exhibit #20 was a petition with 302 signatures
in opposition to this project. Introduced as Exhibit #19 is a tax
statement showing delinquent taxes due and owing. This won't do
the property any good if the residents' taxes go down. These
people can't use their property on weekends during concerts. Those
20 days are all the days in the summer. These property owners'
land values will fall . According to St. Croix County's Ordinance
17 . 18, it states that the commercial district is created to
establish and protect locations in which a wide variety of
compatible commercial uses may be located. This is not a
compatible use for the adjacent properties. Enforcement, if the
sound is over 50 decibels, then what happens? Who do you call?
How do you enforce this? It is going to be difficult to enforce
this? It will not be shut down. There will be substantial
litigation if it is shut down. Parking, the County's ordinance
indicates that the property is to be fenced. This is a violation
of the ordinance. Parking is to be free of charge with a ratio of
1 to 4 . They don't know how the parking will be regulated. No
conditions the Board can write would make the decision compatible
with the use of the adjacent land. River's Edge is struggling
financially. It is difficult to get a loan with delinquent taxes
1 to et financing is to have a third
and an IRS lien. The only way g g
party who has money behind them. The First National Bank has a
first lien mortgage on the property. There have been
advertisements for concerts but nothing for a permit for large
assembly. They have checked with Ruth Nelson, Clerk for the Town
of Star Prairie since 1968 and also Sue Nelson, County Clerk for
St. Croix County. River's Edge has never applied for a license.
Introduced as Exhibit # 21 was a letter from Sue Nelson to Brenda
Basques. Remington indicated that he doesn't begrudge Tom Nelson.
Corporation Counsel stated that last year is over and done with.
Let's do it up right this year.
Brenda Basques, being duly sworn, stated that she is concerned for
the tax payers. She has an uncle who lives across the street from
River's Edge. She did some research on past concerts at River's
Edge. Introduced as Exhibit #22 was statistics from the Metallica
concert. She contacted Nyseth who provided her a log from the
Metallica Concert in which they treated about 100 people; 75% of
them treated was for alcohol and drug abuse; 16 went to New
Richmond and 1 went to Luther Hospital in Eau Claire for over
intoxication. The injuries were a stabbing, drug overdoes and a
broken neck. Are the taxpayers paying for the EMT's? Will our
taxes be increased? Will additional staffing be added? Will the
taxpayers be paying for this? Will she have to be paying more
taxes living in Baldwin for this?
She stated that she went to the St. Croix County Clerk of Court's
Office and did a sample polling of traffic tickets for the weekend
before, during and after the concert, just letters A through C.
The weekend of the concert there were 17 tickets issued, 13 of them
were alcohol related tickets. Will the taxpayers pay for the
Sheriff's Department to add additional help? The Sheriff's
Department is on voluntary overtime. Are the taxpayers paying for
this? If there are no volunteers, who works for them? She
received a letter from a Lynn McGowan who attended the Metallica
concert. She was at a complete standstill after 12 : 30 a.m. She
stated that she would not attend a concert there again. Enclosed
is a copy of a picture from the newspaper showing the traffic being
backed up. There were 262 arrests made that weekend. Also
enclosed is a letter from Robert Langham from the Sheriff's
Department in Sawyer County who indicated that their manpower is
stretched to the limit. If there is no seating for people over
3 , 000, doesn't this constitute a field concert?
Chairman Bradley Introduced Exhibit #23 which was a letter from
Tamera Koenig in support of this application.
Gordon Lofquist, being duly sworn, stated that he lives one mile
from the proposed amphitheater. He stated that he is a financier
who deals with these matters. He stated he has played professional
football and has lived in the Highland Park area. He indicated he
has had personal experiences with the roving hoards. He noted that
this is a wonderfully planned facility inside the gates. He stated
he visited the Stoners who live near River's Edge on Sunday at 7 : 00
p.m. Someone was out there horsing around. When he left he pulled
up behind the car when out stepped a gentleman who relieved himself
in front of him. He drove up to pass them and the driver threw a
DQ shake at him which went across his car and into his face. This
is dangerous. People will draw the line. As he was counting to
ten the guy pulled out and was weaving along the road and forced a
car off the road. He later found out it was his wife and two kids.
Multiply this by 20, 000 people by 20 . The problem is the element
being brought in. At the Mall of America they have four lanes
around it which is a continuous traffic. It is hard to get these
bands on a weekend so they have scheduled concerts on Mondays and
Tuesdays at River's Edge. One concert is scheduled for August 27 .
That is after school is in session. What are the school buses
going to do and the Andersen people? It's an overcrowded highway
now. These are real problems. If traffic was rerouted to New
Richmond another 500 people would sign the petition and this place
would be packed 'tit midnight tonight. The Hockey Association
board voted unanimously not to support this application. Let's put
this project on Dean Parkway. Alpine Valley in southern Wisconsin
has their problems. Lofquist stated he has owned his property
since 1988 and was aware that Somerset was a tubing community. The
floating operation is one thing and concerts are a new thing. The
Raleighs have shown how far they will go. Rock concerts have only
been there.
Don Magnus, being duly sworn, stated that he lives a mile north of
the proposed concert site. Magnus read Bruce Geisler's statement
into the record. Magnus stated he has lived there for 6 years and
has taken advantage of the community resources. His questions are
who will reimburse Rivers Edge's neighbors? Who will pay for police
control and damage to property? How will people show their
property for selling? Who are the financiers? There are numerous
noise scales. During the Metallica concert it kept him awake one
mile away. He can hear campers when they get rowdy at night. Why
did they fail to bring the sound expert with? The drums in the
concerts, no matter what kind, protrude a low frequency drum beat.
You feel it. Some of these concerts would be on week nights. Then
you have to guard your property 'til 3 : 00 a.m. from the drunks.
Access to his property would be cut off. The Sheriff's Department
would be pulling overtime to control the traffic. Is there an
interchange proposed there? Who will control the traffic after the
concerts? He stated he has parked cars crossways on his driveway.
Who will they get for the concerts? Nobody is going to come to
boring concerts. Will the revenue pay for the overtime. Can the
nonprofit organizations provide the people for these 20 concerts.
The people didn't move there to get more people into the area.
People moved there to get away from the city. They don't want this
activity in their neighborhood. Introduced as Exhibit #24 was a
letter form Don Magnus and Exhibit #25, a letter from Ruth
Geissler.
Robert Peterson, being duly sworn, stated he lives on the outer
edge of Somerset township. He stated that if something would
happen to his kids during a concert, the ambulance service wouldn't
get their very quickly. The traffic wouldn't prohibit the
ambulance service, just hinder it. Also, River's Edge doesn't
clean up his property after the concerts.
Robert Pierce, being duly sworn, states he represents the people
from the Town of Somerset. Off of Scout Camp Road the entire
property is landlocked. The Metallica concert blocked that road
solid for 3-, hours. This road is located 2%Z miles from Highway 35
in the woods. People were driving into the ditches and throwing
bottles at cars. He stated that the Board shouldn't make a
decision until the highway was done. Metallica was a mess. Kids
left a mess on Scout Camp Road. He believes that people won't
follow the routes shown. They will try to find a shorter route.
He also stated he would like to see an independent study done. He
also stated that the County has to decide whether we want to be the
place for concerts that the metro area won't tolerate.
Don Stone, being duly sworn, stated that he has owned property
since 1952 which is directly across from River's Edge. He is the
most effected by this. Where will the people go? George Sinclear
brought his bus down for the Metallica concert to block his
driveway. He has grandchildren there. He changes oil and has
dust. There are people out in the middle of his yard turning
around. He feels that the community doesn't need this. The
taxpayers would be paying for this. They claimed they needed money
for taxes for Blue Grass in 1986. Another concert came along. His
brother stated he never wanted to see a rock concert there. Bill
Raleigh swore it would not happen. The next thing you know,
Metallica came in. His property will be worth nothing. People
have no respect. Is there anything put into place if there is a
natural disaster such as a tornado. Will they get a bulldozer and
just bury them? Is there a medical facility that can handle this?
Gaylord Stoner, being sworn, stated he has lived there since 1957 .
He has had to chase kids off the roof of his place. He stated he
has been out in the audience with a 3M decibel meter today and it
has been 65, 64 , 52 decibels. They would try to maintain 55
decibels while he is sitting in his back yard? Base level is what
they are talking about. This measures the base levels, not the
peaks. base concussion cannot be measured. He stated that the
drums literally drive him nuts. He can't exist this way.
Chuck Koller, being duly sworn, stated they can only aim the
speakers down. He can feel it and hear the noise through his
walls. The parking lot for the Metallica concert is where they
plan to have the amphitheater. This is an all day event with
people coming in to the concert and leaving after the concert.
What kinds of jobs can be in 20 days a year? At the Metallica
concert they offered free beers to anybody who had anything
pierced. A guy dropped his pants and showed a piece of anatomy
which was pierced.
Mary Rivard, being duly sworn, stated she lives directly across
from where they park. She stated she is concerned with moral .
i
There are drunken people running through her yard. The police
came. She wanted everybody including the police off her property.
People urinated in her yard. They told them to leave. These
people threatened them stating "we know where you live, we'll be
back next week. " What are they going to do with the traffic?
There are people driving to Andersens. If the wind is the right
way, they hear everything. As far as the people going to Holy
Family Hospital, who is stuck with the bills? she indicated she
wants to know how the Raleighs bought the bridge for a dollar from
the Town of Star Prairie. It was at the Raleigh's convenience.
Tom Barkley, being duly sworn, stated he is a newcomer to St. Croix
County since November. Raleighs painted a pretty picture. He was
driving 4 ladies to the casino one day and saw guys urinating and
smoking drugs. When he came home there were people sitting on his
fence. He asked them to get off. He got mooned, swore at and
given the finger. He stated he has litter and everything at his
place.
Patrick Brinkman, being duly sworn, stated he lives in the
northeast corner of the facility on Winding Trail Road. His
concerns are with everybody else. He is concerned that they will
sell more tickets than the facility can handle and what about
parking for the extra tickets. How will the toilet facilities and
waste be handled? Will there be adequate police, fire and
ambulance services? Will there be enough nurses to handle the
medical emergencies?
Gaylord Stoner, previously sworn, stated his brother watched the
amphitheater being built in Chicago. The nearest home to this
facility is miles away with 6 lanes on one side and 2 to 3 lanes on
the other. He stated his back yard is in direct line with the
speakers.
Roland Thompson, being duly sworn, stated he is employed by St.
Croix County as Captain of the Patrol Division. The Sheriff's
Department has 16 full-time officers and 16 part-time officers with
16 squad cars. On a normal shift they have 2 to 6 officers out on
routine patrol . At the Memorial Day concert in May they had an
extra 4 cars out that day. He himself was out that forenoon.
Thompson stated that his job is the safety of the residents of St.
Croix County and their well being. These conditions could endanger
the residents' lives. Traffic was backed up to Stillwater on
Memorial Day. They had a problem getting to accidents in Houlton
that day. The State Patrol put about 4 extra cars in that area
also. There were 72 citation issued that day. They did also issue
tickets to people going to the woods to relieve themselves, which
is an ordinance citation. For future use, they would need
additional resources to handle 2 to 3 concerts in a summer. This
is over-time. People can work only so many hours. Who picks up
the tab for overtime? They have the records from the Metallica
concert. They informed them how many people the Sheriff's Office
needed, i .e. 4 part-time people on the grounds. They have two
funded programs paid by a grant for the 35/64 area . It took four
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hours to empty the parking lot after the concert. Contract work
now for part-time help is $25. 00 an hour and full-time is $50. 00.
The roads are not designed to handle that amount of traffic.
Max Ihrke, being duly sworn, stated he is Chief Deputy for the St.
Croix County Sheriff's Office and has been with them since 1964 .
Ihrke stated he does the overall budgeting for the Sheriff's
Department. His concern with the proposal is the lack of resources
for manpower. They can handle 1 to 2 concerts a year. They
wouldn't be able to handle 20 to 30 concerts a year. He has been
assured that law enforcement fees would be paid but they don't have
the manpower. They haven't added any full-time deputies since
1990. To employ a new deputy would take about $75, 000 with
equipment and a car. The Sheriff's Department can't furnish the
safety required for the group that they are counting on. They have
options for a couple of concerts. When there is a concert they
concentrate all their forces in that area, not anywhere else.
E.D. Halkoski, being duly sworn, thanked the committee for the
meeting and the way it had been conducted. He is concerned with
the road and the changes anticipated in Highway 35 to intersect
with Highway C and the cross over. This would cause a tight
traffic corner. The iron bridge has been a concern for years. They
would invite the committee to check into how it came about. He
contends it was in a closed meeting. It deserves an inquiry and
the number of feet that they were supposed to get. They condemned
the bridge with the buses going over it and the creation of Raleigh
Road bears an investigation.
James Remington stated he didn't have anybody who had anything new
testifying. A show of 28 hands were raised in opposition to this
project who had not testified.
Tom Bell, being previously stated that they have no problems with
the IRS and there is no tax lien. The bank and the Raleighs have
resolved their differences. In fact the Bank supports this
project. Bell stated that he believes the Metallica concert was
held in a very good manner in light of what they had to work with
but believes they can do better with this amphitheater. This is
the best way to deal with concerts at River's Edge. The Board
should require River's Edge to have a monitoring system calibrated
by the County with a permanent record. If the decibel level is
above 55, the permit is no longer valid. They would build, design
and run this facility with noise standards. They will pay for the
monitoring system. The noise can be dealt with. The issue on
parking is enough for the proposed concerts. They have land for
other parking. River's Edge has paid for all the overtime. They
realize there are going to be costs. River's Edge should pay for
the overtime. Getting people out of the parking lot is a problem.
Bell believes it is fundamentally unfair to cast River's Edge in
the brush with Metallica. The average attendance for a concert
would be 15, 000 people. The charitable organizations in New
Richmond are standing in line to get money. Over $75, 000 will be
paid out a year. What happened with the road, that being the
interchange to Raleigh Road and County Road C. If there is a
concert facility, the highway will accommodate the traffic. The
statement that the money is only with rock and roll bands, Yannie
sold out 19 , 000 tickets at the Target Center. This is an
opportunity for the Board to deal with an expansion of a business
and an opportunity to the County. It allows the Board the
opportunity to get control over it with conditions. The Raleighs
want conditions put on their permit and are asking for this. They
have tried to address every concern brought up. If needed, they
will provide the audio people for them to talk to. Septic systems
will be provided both permanent and portable.
Bradley indicated to Bell that the Raleighs have not been good
neighbors. Bell stated that the first people he met when he came
to town were the Raleighs. He has known them for the past 25
years. Based on his own personal experience, the Raleighs are
people who keep their word. They are exceedingly good neighbors
and generally get along with their neighbors. Today people's
emotions are high. Sometimes people say things. He believes the
Raleighs word is good.
Jim Remington, previously sworn, stated that the most articulate
statements have come from the people living in the area. Raleighs
are asking the Board to impose conditions. Just like the
incinerator, they imposed conditions and it shut down. Remington
stated he has known the Raleighs since he came to town. They are
nice people. The statement too much noise, too much traffic, shut
it down. Financing companies will take things to court. If this
gets granted and the Board wants it shut down, there will be a
lawsuit.
The main issue testified to is impose conditions and the inside of
the grounds. Once the concert is over they will have no control
once the people leave the premises. There are problems occurring
prior to and after the concert. The issue is crowed behavior. The
Board can't impose this. Remington believes that the neighbors
are also good people. These people have attended the town meetings
are here today. He believes they are not unreasonable. A couple
of concerts a summer could be dealt with by the landowners in the
area but not 20 concerts a summer. This project is not capable in
the use of the surrounding area. If so, the Board needs to deny
the permit.
Chairman Bradley indicated that the Board would view the site but
didn't know if a decision would be made today. Chairman Bradley
expressed appreciation to all who attended this difficult day of
hearings.
Whereupon the Board recessed at 4 : 05 p.m.
The Board reconvened on Wednesday, June 28 , 1995. Chairman Bradley
called the hearing to order at 1: 00 p.m. and announced that this
was a properly noticed 48 hour notification exception. The Board
recessed to view sites not completed on June 23 , 1995 .
0 •
i
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
Orrin Summers/Kenneth Nelson
Motion by Filipiak, seconded by Jensen to deny the request of the
extension of time in which the applicant has to clean up the place,
therefore denying the application for a junkyard. The following
vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls,
yes, Jensen, yes. Motion carried.
Town of Eau Galle
Motion by Filipiak, seconded by Jensen to conditionally approve the
request of the applicants for a variance for the town hall with the
following conditions: Eliminate one of the two existing driveways;
the area to the north of the proposed building is to be a parking
lot. The following vote was taken: Neumann, yes; Mehls, yes;
Filipiak, yes; Jensen, yes; Bradley, yes. Motion carried.
JSK Family Trust/Richard Holman
Motion by Neumann, seconded by Mehls to approve the request of the
applicant for a variance due to the limitations of the grain bin.
There is no other site to place this structure. The following vote
was taken: Neumann, yes; Filipiak, no; Mehls, yes; Jensen, yes;
Bradley, yes; Motion carried.
Perch Lake Property Owners Group/Patrick Collins
Motion by Filipiak, seconded by Bradley to postpone this matter to
a later date. Motion carried.
The Jack Raleigh Family/River's Edge/Alice, Inc.
The following comments were noted by the Board:
Chairman Bradley stated that according to St. Croix County
Ordinance No. 17 .77 (a) (2) , no special exception shall be allowed
which would be contrary to the public health, safety or general
welfare in the neighborhood affected. During an almost six hour
hearing the applicants claimed great economic advantage to not only
themselves but to the State, the County and the community in the
form of permit fees, property and sales taxes, jobs and charity
benefits. Conversely opponents depict "roving hordes" of unruly
Metallica and other concert attendees. People witnessed people
walking on the road disoriented from drugs or liquor, some beaten
up and bleeding. There was a picture from the Hudson Star Observer
relative to the May 28th concert in Somerset showing eastbound
traffic backed up across the Stillwater bridge. Roland Thompson of
the St. Croix County Patrol Division felt that the blockage of
Highway 64 did concern him and called into question the issue of
public safety. Marty Beekman, Wisconsin DOT, by letter stated that
the Highway 64 corridor would not be completed by at best 2002 or
2003 and then subject to budgetary considerations in the future by
Wisconsin legislative decisions. A petition carrying 300+
signatures from surrounding residences opposition was introduced
into evidence. Star Prairie town Chairman John Heintz represented
the 3-0 vote against the amphitheater by the Star Prairie Town
Board giving their reasons as being 1, noise, 2 , traffic and 3 ,
behavior. The community solidarity in opposition is impressive.
The hard fact appears to be that the concert experiences of the
past have not been of a positive nature. There are no guarantees
in the proposal . One percent of the gross income in the amount of
$69 , 000. 00 is not a guarantee and in a year of poor weather could
well not materialize along with charitable contributions. Festival
seating has created patron safety problems in other venues.
Supervisor Mehls was concerned with control after the events.
Where does the control end? It doesn't extend to the properties
and highways. Lack of patrol . St. Croix County doesn't have the
manpower. The highways and roads can't support these events.
Overuse of drugs and alcohol is not guaranteed. As far as job
opportunities, this is just temporary employment.
Supervisor Filipiak indicated that he was attracted to this
proposal at first. There have been problems with rock concerts in
the past. Also, Highway 64 is not coming in until after the year
2000. Traffic is not handled well at the present time. Parking.
They will be losing over 3 , 000 parking spaces when the new highway
goes in. It's true that Somerset could use some extra tax revenue
but feels that the County is not ready for a project like this yet.
Supervisor Neumann stated he is concerned with the traffic safety
issue and the highway not being able to handle the amount of
traffic.
Supervisor Jensen indicated that this may be a first class facility
but he cannot support this due to the petition, town board's
decision and the problem with the traffic.
DECISION
Motion by Bradley, seconded by Mehls to deny the applicant's
request for an amphitheater with the following vote: Mehls, yes;
Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion
carried.
Respectfully submitted:
Paw wavynxvyvex
om Neumann, Secretary
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