Planning Commission Meeting Minutes 2008

DECEMBER 4, 2008

Attendees: Charlie Zimmerman, Don Schultz, Jeff Kreuziger, Jean Kreuziger, Mary Kreuziger, Ann Fry-Blank, Bob Tracy Jr., Bob Tracy Sr., Diane Graff – Watertown Daily Times, Eugene Gentz, Andrew Gentz, Brad Bailey, Caroline Bailey

Plan Commission Attendees: Chairman Pat Morrison, Tim Huber, Gene Bogard, Mike McLay
Town Board Attendees: Dave Blank, Nancy Schlender, Chuck Burkholz,
Additional Attendees: Jerry Foellmi, Atty. Ray Roder

The public hearing was called to order at 7:05 PM by Chairman Pat Morrison. The Pledge of Allegiance was said.

It was announced that the meeting was to get the public comments on adding CZO 4.9(3) three conditional uses (o, p, q) and rezoning 13.6 acre parcel owned by United Liquid Waste Recycling (ULWR) and Tracy Bros. LLC, located in the SE ¼ of the NE1/2 of Section 32, parcel number 012-1015-3213-001, having the street address of N2797 State Highway 26, Town of Clyman, Dodge County, Wisconsin to Ag Business.

Atty. Ray Roder gave a short history on why we were here. In November, 2007 the board considered taking action on filing a lawsuit against ULWR. Discussion on rezoning to Ag Business a 13.6A parcel and getting 3 CUPs. A lawsuit progressed to this point wherein a trial date is set for April 2009 with early mediation set for early January. This has been postponed indefinitely. The Town of Clyman has decided to revisit the zoning issue and the CUP issues with ULWR and other Tracy Companies. A tentative agreement has been reached on the zoning with final approval based on County approval. There will be a monetary penalty of $25,000 minimum.

Charlie Zimmerman asked how the committee came up with the $25,000 figure. Atty. Roder said that was discussed in closed session in which the board came up with the figure that seemed acceptable to all. Charlie Zimmerman asked if it would cover all legal fees. Atty. Roder said they determined the figure to cover forfeiture by the court should this go to trial. Cost/day of fine in excess of $50,000. They figured this was a reasonable figure to bring matter to a conclusion.

Atty. Roder stated that he felt the new CZO 4.9(3)(o, p, q) would fit best under the Ag Business classification. Chairman Pat Morrison read a letter from Jeff Retzlaff stating his agreement of adding the 3 new uses to the CUP list in Section 4.9(3) of the Zoning Ordinance and pursuing rezoning and CUP applications for the subject ULWR property. Jeff stated his concerns about approving zoning changes without County approval.

Dave Blank read into record the 4.9(3)(o) CUP for Commercial Truck Repair Facility for the purpose of CUP owner United Heavy Truck Repair and Tracy Bros. LLC. Question was raised about item #7 on the ‘right to defend, indemnify and hold harmless the Town and its officials on any all claims…Owner or Operator shall have the exclusive right to select defense counsel for the Town pursuant to this provision’. Atty. Roder said “YES” they do have the right to pick the Town’s attorney because the permittees are paying for the attorney, who by the ethical requirements of that profession must zealously represent the Town’s interests. Chairman Pat Morrison asked if there was any further discussion on the Commercial Truck Repair Facility portion of the CUP. There was none.

Chairman Pat Morrison read into record the 4.9(3)(p) for Biodiesel Production Facility for the purpose of CUP owner Badger Biodiesel, Inc. and Tracy Bros. LLC. Gene Bogard questioned what the word ‘transesterification’ meant. Atty. Roder said it was a chemical term. (The meaning of the word is hereby attached: In organic chemistry, transesterification is the process of exchanging the alcohol group of an ester compound with another alcohol.) Gene Bogard said this is the process needed to create a Biodiesel. Gene asked if they can use other methods if something else becomes available in the future. Atty. Roder said that the Zoning can be revisited and amendment done to the CUP. Chairman Pat Morrison asked if anyone was interested in the process. He said that the process is similar to soap production with the by-product being Glycerin which can be sold as a biofuel product. He said this is very safe and is biodegradable. It can be recovered and reused. There was no further discussion on this CUP 4.9(3)(p).

Chairman Pat Morrison read into record the 4.9(3) (q) CUP for Grease Recycling Facility for the purpose of CUP owners United Grease and Tracy Bros. LLC. Mary Kreuziger questioned what form(s) the animal fat comes in. Bob Tracy Jr. stated it was in liquid form and it may have an odor. Mary asked if the animal fat comes from a slaughter house. Bob Jr. stated that the animal fat they receive is a by-product from cooking. Mary asked what form(s) does the Grease go out in. Bob Jr. stated it goes out in liquid form. The by-product can be resold on the open market or could be feedstock for the Biodiesel Production Facility. Question raised if the Biodiesel could be sold. Bob Jr. stated that it is tough to sell on the market as the market is currently low. They could sell it on the Commodities Market but that is down at this time. May be able to sell in the future. Nancy Schlender asked how it is stored. Bob Jr. stated that it is usually made and pre-sold. If stored it is in upright tanks. Hard to store as has short lifespan. It is usually shipped in tankers via rail.

Chuck Burkholz asked if there was a complaint enforcement in place. Atty. Roder stated that there is none at this time but any complaints could be made directly to the Town Board. Chuck Burkholz asked if they capture the methane gas from the by-product. Bob Jr. said they were looking into that. Atty. Roder said they may not require an air permit as it is a closed system required by DNR. Bob Jr. stated that the glycerin is shipped off or can be blended with other products. Ann Fry-Blank asked if they ever store and Bob Jr. said that sometimes they store a small amount. Chuck Burkholz asked if it was prone to explosion and Bob Jr. stated no. No further discussion on the 4.9(3)(q) CUP.

Dave Blank made a motion to adjourn the Public Comment portion of the joint hearing. Tim Huber seconded. Motion carried. Meeting adjourned at 8:05 PM.

Respectfully submitted

Sandra Thoma

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Archived Previous Meetings

NOVEMBER 5, 2008

Attendees: Jerry Foellmi, Charlie Zimmerman, Dave Blank, Ann Fry-Blank, Jean Kreuziger, Ron Zimmer, Brad Bailey

Plan Commission Attendees: Patrick Morrison, Tim Huber, Mike McLay, Gene Bogard,

The public hearing was called to order at 7:12 PM by Chairman Morrison. The pledge of Allegiance was said.

ULWR Land Spreading Permit – Former Quest Property: Charlie Zimmerman asked if ULWR provided any information as to what was being spread. Chairman Morrison said that because of the current permit, they are not required to. Charlie Zimmerman asked if Chairman Morrison knew that ULWR was spreading on the property just two days after they turned in the permit request. Chairman Morrison said this is issue is part of the current lawsuit. Charlie also asked about the tiled land and spreading on it. Chairman Morrison said he had not received any information from Ken Denow so he was not going to talk about it at this time. Chairman Morrison said he talked to Ken Denow about ponding fields during flooding. He indicated that Ken Denow said that the surface soil was saturated but the earth below was not flooded. Chairman Morrison was not satisfied with this answer and will be investigating it further. Jerry Foellmi brought up the conditions of the WPDES permit. He said the town will have the ability to take samples of waste and also sample what is coming out of the tiled fields. Chairman Morrison said the newest CUP has changed and advised Mr. Foellmi to look at the most current CUP language. Charlie Zimmerman has a problem with tiled surfaces being spread on. Mike McLay said they are allowed to spread on tiled fields because of the WPDES. The waste that was spread was municipal waste per Pat Morrison. Dave Blank said they need a permit to spread regardless of what they are spreading. Chairman Morrison read the emails he received dated 10/22/08 regarding spreading on the entire former Quest property but again said he had not heard from Ken Denow since he went out to investigate. Charlie Zimmerman said they are still violating the CUP. Chairman Morrison said that issue will be decided in court. Jerry Foellmi questioned if ULWR is violating at the state level. Dave Blank advised the Plan Commission not to act on the matter until they hear from Ken Denow. Chairman Morrison indicated the Plan Commission would pass the matter to the town board for action. He also inquired how this was going to fit into the newest CUP. Dave Blank advised that ULWR will have to come before the board for every new spreading permit. This is not a blanket for all spreading. Brad Bailey said ULWR is allowed to spread because the state allows them to. Dave Blank said they cannot stop them from spreading but they still need a CUP. Nancy Schlender stated that the reason ULWR already spread on the property was because legal counsel advised them to. Question was raised about the fees. Dave Blank advised that the courts will decide the fines. Motion by Chairman Morrison/Gene Bogard to close the public hearing. Motion carried. The Public Hearing portion of the meeting was closed.


The Plan Commission meeting was called to order at 7:43 PM, by Chairman Pat Morrison.

Minutes - Motion by Mike/Gene to accept minutes as presented. Motion carried.

The Land Spreading Permit- Quest Property - Jerry Foellmi explained the details of the current of the CUP Application as set forth in a letter presented. This current request falls under Section C of the Zoning Ordinance. Nancy Schlender said that some of the property is rented out. Chairman Morrison brought up residential values. He said that if there is no smell and it is not harmful to the soil it will not affect property values. Jerry Foellmi said ULWR should provide all information before they submit a permit. The clerk should return it if all information is not provided. Jerry Foellmi asked if anyone knows of any comments from surrounding neighbors. Nancy Schlender relayed that Anderson’s noted sludge. Gene Bogard asked Nancy Schlender if she felt she would get full value if their land was sold now. She would not answer this question due to the pending lawsuit. Jean Kreuziger wants to know if land can be contaminated without causing an odor. Chairman Morrison said yes it is possible. Jerry Foellmi said that if ULWR spreads before they receive approval, they should allow for fines in the final judgment. Chairman Morrison agreed.

Dave Blank asked Jerry if General Engineering could come up with a new application because the current application is out of date. Jerry Foellmi said they could provide a new application with a check list. Dave Blank asked for a quote to have Jerry make up a new application with a checklist. Mike McLay has a problem with ULWR spreading on tiled area. Chairman Morrison said that we can set stricter limits but it can be contested in court, which is what is happening now. Gene Bogard recommended that until ULWR starts supplying all information to the town that they not be allowed to spread at all. Mike McLay agreed. If ULWR is found to be in violation then they should fined. Mike McLay also wants the board to review the fines and raise them if necessary. Chairman Morrison said that if ULWR doesn’t provide information by the next town board meeting then it sits until the following month. Chairman Morrison also stated he wants to forward the current CUP to the town board. He also indicated that he would like to see is a DNR map to show where ULWR is spreading. Dave Blank wants to know if they are going to spread and if they are putting municipal sludge on it. Chairman Morrison also wants to require a description of the waste. Charlie Zimmerman wants all waste to be treated. Mike McLay said we don’t treat animal manure. Chairman Morrison said that this was monitored under another DNR stipulation. Chairman Morrison said the biggest concern is still the smell. He wants a well designed treatment system that works with the smell of the waste. Motion by Chairman Morrison/Gene to request ULWR to provide a detailed map of where they will be spreading and what. Motion carried.

Blue Inn Supper Club -Light Set Back- Ron Zimmer said he would like to put up lights with pillars because no one can see his driveway. He said the state wants it 41ft back from the right- of- way posts. Dave Blank advised that Ron should check with the county. Dave Blank feels that if county is ok with a shorter set back, then the town board should not have a problem with it. Ron wants to do this just for safety reasons. Chairman Morrison inquired about putting up a street light. Ron Zimmer would rather do the lights with pillars. Ron Zimmer will contact county and then come back.

Seeking to Amend Zoning Ordinance Text Amendment - Chairman Morrison read the Nov 5, 2008 letter from Attorney Raymond Roder. Dave Blank advised that ULWR approached the town to settle out of court on the 3 CUP’s. Currently there is no provision in the Zoning Ordinance for grease recycling, commercial truck repair, or bio-diesel and Attorney Roder feels that these should be added so that these matters can be settled. Tim Huber asked if ULWR is ag district, or ag business district. Chairman Morrison wants to know why we have ag, and ag business. He wants to either get rid of ag business or have them rezoned to ag business. Gene Bogard feels that ULWR should be able to do what they want as long as it is not harmful. Chairman Morrison said that the town still needs to monitor and regulate ULWR so that we know it is not harmful. Chairman Morrison said that they are very similar and he would like to combine the two. Jerry Foellmi said that if you keep both ag and ag business that ULWR should be rezoned to the ag business district. Dave Blank said that these two are separate to preserve the land. Mike McLay indicated he would like to add ethanol to the bio-diesel provision. Jerry Foellmi thought that as part of the settlement UWLR would be rezoned from ag to ag business. Charlie Zimmerman said the town board can rezone ULWR without them applying. Chairman Morrison wants a public hearing on December 4, 2008 to rezone ULWR from ag to ag business and to put these additional conditions into ag business zoning. Motion by Pat/Mike to hold a public hearing for the purpose of including grease recycling, commercial truck repair, and bio-diesel to the zoning ordinance as part of ag business. The next part of the public hearing would be to discuss rezoning ULWR from ag to ag business. Motion carried. Motion by Pat/Gene to combine ag and ag business into one section. Motion carried.

Tim Huber CUP for farm machinery repair- Jerry Foellmi advised that this business would be considered ag business. Tim Huber does not want to add the proposed business to his residential lot due to current financing with his lender already established. Tim re-read the minutes from December 9, 2002, when the town granted him permission to have a business. Chairman Morrison said if he is rezoned, we can move forward; otherwise he has to wait until the ULWR hearing to find out what happens with them. Tim Huber wants to leave it as ag and apply for a CUP. Chairman Morrison suggested Tim table this matter until the ULWR matter is settled. Dave Blank said if Tim is rezoned to ag business then he does not need a CUP. Tim Huber is concerned about taxes. Charlie Zimmerman said he will pay taxes on the use of the land. Jerry Foellmi said that if he separates for future buildings he would not have to do a CUP under Ag business. Tim Huber will decide what to do and return next month.

Citizen Comment- Dave Blank wants to amend when someone applies for a CUP, and set a retainer based on the type of CUP. Chairman Morrison will talk to Attorney Roder about this.

Next Meeting Date - Next meeting date will be Dec 4, 2008 at 7:00 pm for the public hearing followed by the regular meeting.

Motion to adjourn by Mike McLay/Tim Huber. Motion carried. Meeting adjourned at 9:47 p.m.

Respectfully submitted:

Chris Spilker


October 6, 2008

Attendees: Clint Miller, Nancy Schlender, Rick Remmington, Dave Manning , Charlie Zimmerman, Mike Birkholz, Jeff & Jeanne Kreuziger, Jason MacKnight

Plan Commission Attendees: Tim Huber, Gene Bogard, Mike McLay, and Pat Morrison. Norm Huber was absent for the third straight month.

The public hearing was called to order at 7:04 PM by Chairman Morrison. The Pledge of Allegiance was said.

Pinter/Miller Land Split – Clint Miller appeared on behalf of his fiancé, Jenee Pinter and her father, John. He explained that he and Jenee want to construct a home on John’s land and their driveway would go in from the current farm driveway. He explained that there are 49 acres in the parcel. Pat asked if any of the neighbors were in attendance. Clint stated that they would like to put up a house that would be 1500 sq. ft. with a 3-car garage. Pat asked what information was provided to the zoning administrator and Clint stated that the ZA has looked at the plans. Pat stated Clint and Jenee would have development rights because it is a 36+ acre parcel. John has a total of 2 splits and would be using one. The size of the split will be 3 acres. Mike McLay explained to Clint that if they do less than a 3-acre split, their taxes would not be quite as high. Nancy Schlender stated for consideration that if they don’t go with more than an acre, by the time a septic and mound is put in, and possibly a shed built, the one acre parcel isn’t big enough.

Huber Land Split and CUP for Machine Repair Business – Tim Huber presented a map which showed the proposed split of the house to a residential lot. Tim stated that Dodge County has no objection to it. He indicated that he has gone through the Zoning Ordinance as to what is needed to section off this parcel. He proposed creating a 5.6 acre parcel to split off from the farm land. Tim indicated that he is making the driveway 66 feet wide and will be following the pre-existing driveway. He is maintaining as much useable land as he can. Pat Morrison noted that the split is a little larger than the standard 3 acres but that the maximum lot could be increased to 5 acres if it would result in a more logical layout. This would be strictly for the residence. The proposed business will be on the agricultural property. Based on his acreage Tim has a total of 6 splits and he would be using one. He would like to put up another shed that runs parallel with the barn. It would be a pole shed that would be 36 x 42 feet. The nature of the business will be truck/machine repair, fabricating, and maintenance and would involve dealing mainly with agricultural equipment. The other building will be 18 x 26 feet. Tim advised that he has obtained permission from a few of his neighbors about where to put possible signs advertising his business. Tim also indicated that he would have adequate parking available for the business. Pat questioned whether business uses can share a driveway. Nancy indicated that she did not find anything concerning businesses sharing a driveway and felt that applied to access to a field. Mike McLay questioned about the heaviness of the equipment on the roads. Tim stated that it would be similar to tractors and regular farm machinery. Gene Bogard asked about a separate septic system. Tim stated that he did feel a separate septic system would be necessary. If there was a problem, then he would get a portapotty for the business.

Motion by Gene/Mike to close the public hearing. Motion carried. The Public Hearing portion of the meeting was closed.


The Plan Commission Meeting was called to order at 7:33 PM. , by Chairman Pat Morrison.

Minutes - Pat read the minutes from the previous meeting. Motion by Pat/Tim to accept the minutes as read. Motion carried.

Pinter Land Split – Motion by Mike/Gene that the John/Jenee Pinter split be approved on parcel No. 012-1015-0141-000, the NE ¼ of the SE ¼ of Sec. 1., based on compliance of Section 4.12(a) and (b) of the CZO regarding standards for farm residential uses. The Pinters have 2 splits available based on acreage and are using one. It is recommended that this be forwarded to the Town Board for final approval. Motion carried. Pat noted that the ZA did not have a problem with the split.

Huber Land Split – Tim will be recusing himself from discussion and voting on this matter. He wants to split off 5.6 acres to make a residential lot. It does exceed the maximum 3 acres allowed but based on the suitability, the Plan Commission can recommend exceeding the amount. Pat suggested Tim check with the Zoning Administrator regarding setbacks. Motion by Pat/Gene to accept the application to split off a 5.6 acre residential lot from his ag lot. The Parcel ID No. is 012-1015-2421-000, NE ¼ of NW ¼ of Sec 24. Based on his acreage, Tim has 6 development rights and this will use one of them. Section 4.12(a) and (c) of the Clyman Zoning Ordinance allows the Plan Commission some latitude in adjusting the amount of acreage. The proposed split is in compliance with the Clyman Zoning Ordinance. Motion carried. Pat also mentioned that there were no negative comments from any of the neighbors.

Tim Huber Conditional Use Permit - Mike McLay is concerned about the road and how the traffic might have a negative impact on the roads. He felt that this may be a tax issue because we have to take care of the roads. Pat stated that this is a conditional use in ag. Pat read Section 3(c), the description which he felt this would fall under. Pat indicated that Tim would need to be rezoned from ag to ag business. Question was raised as to how much acreage was needed to be rezoned. Tim will need to reapply for whatever amount he would need to be rezoned. Question was raised as to how long one shed has been there. Discussion held on the ag zoning district. It was suggested that this matter be passed on to the Zoning Administrator to seek his advice as to where this would fall under the Zoning Ordinance. Gene Bogard asked if Tim could continue developing his business while the Plan Commission determines where this would fall under the Zoning Ordinance. Mike said as long as Tim doesn’t conduct any business he can build what he wants because he has the acreage. Motion by Mike to forward this to the Zoning Administrator to determine whether Tim needs to be rezoned for ag business. Gene suggested that the Zoning Administrator determine where this is covered in the Zoning Ordinances. If there is nothing mentioned in the Zoning Ordinance related to the business, then it is prohibited to do the business. Mike’s motion died for lack of a second. Motion by Gene/Mike that an interpretation be requested from the Zoning Administrator as to which part of the Zoning Ordinance applies to the ag business requested by Tim. Motion carried.

Citizen Comment – Mike Birkholz asked about the need for a land use permit. He is planning on razing his current house and building a new one. They own 5.2 acres. He was advised that since he will be razing the present house and replacing it with a new one, he just needs a building permit and should submit his plans to the Building Inspector.

ULWR-Quest Property - Pat felt that this permit request would be covered under the lagoon CUP. Charlie Zimmerman felt that ULWR still needs a CUP for each parcel. Pat did not realize that this was a new spreading request. Nancy advised the Plan Commission that this spreading request involved property that was originally owned by Milton & Nancy Schlender. She indicated that that property was tiled by the Schlenders in 1976. Nancy is unsure if Mr. Denow of the DNR is aware of the tiled portions on this property. Pat indicated that the DNR permit allows ULWR to spread on tiled property. They would be spreading under the current conditions of their WPDES permit. The Plan Commission needs to determine if it is a principal use of ag land. It is a conditional use in the ag district. Rick Remmington pointed out that soil on the Quest land did pass the permeability test by the DNR so it can be spread on. Rick said he was not aware of the tiling but was aware of the ditching. Discussion held on this issue. Mike McLay stated that if this was consistent with the other conditions when they spread on properties, he doesn’t have a problem with it. He also indicated that the DNR probably doesn’t know where a lot of the tiling is. Tim Huber and Gene Bogard indicated they have no problem with the spreading as long as ULWR is in compliance. Pat asked about checking with the DNR regarding the tiling. He felt the DNR should be made aware of it. We can ask the DNR to attend the public hearing to comment on the parcel, usefulness of spreading and the tiling. Motion by Mike/Gene to schedule a public hearing for the former Quest property regarding ULWR’s request for spreading. It is further requested that the DNR be asked to attend or issue an opinion in writing on this matter. Motion carried. The Public Hearing will be at 7:00 on November 5, 2008.

Next Meeting Date – The next meeting will be Wednesday, November 5, at 7:00 PM for the public hearing followed by the regular meeting.

Motion by Mike/Tim to adjourn. Motion carried. Meeting adjourned at 8:46 PM.

Respectfully submitted:

Kris Kohlhoff

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September 11, 2008

Attendees: Gary and Heidi Stark, Clint Miller, Jenee Pinter, Dave Manning, Marjorie Gahlman, Leonard Sousa, Tony Brugger, Robert and Daun Driebel

Plan Commission members Pat Morrison and Tim Huber were present. Gene Bogard had previously advised that he was going to be out of town and not present at the meeting. Mike McLay had advised Pat Morrison that he had a family emergency and would be unable to attend. Norm Huber was not in attendance for the second straight month. Therefore, a quorum was not present so the public hearing and meeting could not take place.

Everything is rescheduled to October 6, 2008 at 7:00.

Discussion held on the proposed home for Mr. and Mrs. Robert Driebel. Pat Morrison advised that since they are not splitting the property, they do not need any permissions from the Plan Commission but should get in touch with the building inspector to look into set backs, etc. Mr. Driebel advised that they had previously received permission from the Plan Commission to construct a house on the property.

Heidi and Gary Stark were advised that upon approval from the Zoning Administrator, they could proceed with their requested land split because the Plan Commission and Town Board had already approved it pending the Zoning Administrator’s approval.

Due to the lack of a quorum, no further business could be conducted. Meeting adjourned at 7:50.

Respectfully submitted:

Kris Kohlhoff, Clerk


Town of Clyman Plan Commission
Public Hearing Regarding Land Split Request of Eric Howlett
August 4, 2008

Attendees: Clint Miller, Mark and Judy Holl, Marion Holl, Gary and Heidi Stark, Rick Remmington, Eric Howlett, Dave Blank, Charlie Zimmerman, Mary Kreuziger

The Plan Commission Public Hearing regarding the land split request of Eric Howlett was called to order at 7:10 PM by Chairman Pat Morrison with Mike McLay and Gene Bogard present. Tim Huber and Norm Huber were absent.

Chairman Morrison explained to the audience that Eric Howlett was requesting to split off 3 acres to make a residential lot where his house is located. Judy Holl asked about where he was planning the split. Eric explained that he is just splitting off the residential portion of his lot. He stated that he will continue sharing the long driveway. Question was raised as to when the former Arndt farm which is adjacent had been split off. Eric indicated that it had been split off prior to Eric purchasing the property. Pat Morrison asked if this had been sent to the zoning administrator and he was advised that it had and the ZA had no problems with the split. There being no further comments from the public, motion by Gene/Mike that the public hearing be closed. Mike McLay commented on whether the lending institutions know what they are doing by forcing land owners to split their property and pay higher taxes. Discussion held on this issue. Motion carried.

The Regular Plan Commission meeting was called to order at 7:20 PM

Commission Member Tim Huber arrived at 7:25 PM.

Minutes - With regard to the previous minutes, Mike pointed out that it was not him, but Norm who explained about the ponding issue. Regarding Barrett Macejkovic, it should be building “inspector”, instead of administrator. Motion by Mike/Gene to accept the minutes with changes noted. Motion carried.

Carol Smith Land Split - Kris advised that she has heard nothing from Carol Smith

Eric Howlett Land Split – Chairman Morrison explained that Eric’s request for a land split falls under Section 4.12 of the CZO. He is in conformance for the split and would have 2 splits remaining. Eric is asking for a 3-acre parcel to be rezoned residential. Motion by Mike/Gene that the Plan Commission recommend to the Town Board that they approve the land split, that there was no objection from the public and that Eric is in conformance with the Zoning Ordinance. Motion carried.

Jenee Pinter – Clint Miller, the fiance of Jenee Pinter, explained that they would like to obtain 1 to 3 acres on the John Pinter property to build a residence so that Jenee can be near her father, who is presently medically disabled. He was advised that this would require a land split because two residences cannot be located on one property. Mr. Miller was advised that a public hearing will need to be held on this issue and therefore, the plan commission scheduled the public hearing for 7:00 on September 11, the date of the next meeting. He was also advised that this will need to be reviewed by the zoning administrator prior to the public hearing. Question raised as to whether John Pinter should be the applicant. It was explained that Jenee is the power of attorney so she can act on his behalf. Clint stated that they will not be using a shared driveway. Clint will get more detailed information to the Clerk.

Mark and Judy Holl Request for Land Split – Judy explained that they want to split off the house and buildings on their rental property which may be the subject of a sale in the future. Chairman Morrison explained what needs to be done to split off a residential unit from the agricultural land. Judy questioned about the tax implications of splitting off prior to them selling the property. She also questioned about the possibility of keeping the buildings. Dave Blank advised that this would be a question for the zoning administrator.

Gary and Heidi Stark Land Split – The Starks would like to split 30 acres of marsh land. Discussion held on driveway access. This would not be a buildable lot. Chairman Morrison advised that they would need to fill out an application for a zoning split. It was felt that this would not need a public hearing because this was not a zoning split. The main issue would be that this would not create a land locked parcel. This is not subject to zoning but should be approved by the Town board. This should be sent to the zoning administrator to see if everything is complied with.

Clyman Zoning Ordinance Amendment – Kris read the note she received from Attorney Griggs who felt that it was a good idea to require the applicant to appear in person and not just have a representative appear regarding appeal issues and that it is legal to require that they be in attendance. Mike questioned why the applicant would have to be here. Discussion held on this issue. Motion by Gene/Mike to recommend that the Board accept the change as proposed. Mike felt that to have the applicant here instead of a representative was an extra encumbrance on the parties. Discussion held on if a power of attorney could act as a representative. The motion was brought to the table, but ended in a tie vote. This vetoed Section 15.6 entirely. Motion by Gene/Mike to accept the portion of Section 15.6 which states that the first sentence be amended to read that the Board of Zoning Appeals shall hold the required public hearing with in 60 days and shall give notice as specified in this ordinance. Motion carried.

Citizen Comment: Dave mentioned that a resident (Haberlien) on Hogsback Road wants to split off 7 acres but has no natural boundaries. Mary Kreuziger indicated that there have been other splits on this property but the previous splits should not apply. The minutes should be reviewed to see what was approved previously.

Next Meeting Date – Motion by Pat/Gene that due to Labor Day being the first Monday in September and the town hall being unavailable for a meeting on September 8 due to election, the next meeting will be held on September 11 at 7:00 for the Public Hearing regarding the Pinter Land Split and 7:30 for the regular meeting.

Motion by Mike/Gene to adjourn. Motion carried. Meeting adjourned 8:15 PM.

Respectfully Submitted:

Kris Kohlhoff

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July 7, 2008 – 7:30 PM

Attendees: Mary Kreuziger, Charlie Zimmerman, Eric Howlett, Rick Remmington, Jean Kreuziger, Bob Tracy, Jr., Caroline and Brad Bailey.

Board Members present: Pat Morrison, Mike McLay, Tim Huber, Norm Huber, Gene Bogard

The meeting was called to order by Chairman Pat Morrison at 7:35 P.M., with all board members present. The pledge of allegiance was said.

Minutes – With regard to the minutes, Mike questioned under ULWR about mink raising “operations.” Pat pointed out that this was the wording that was used in the CUP conditions. Motion by Gene/Mike to accept the minutes as written. Motion carried. Gene questioned that with all the rain we had, how did that affect the Emergency Action Plan (EAP) involving ULWR. Mike explained that with that amount of rain there would be ponding.

Carol Smith Land Split – No response was received from Carol. Kris explained that she sent the information to her but has not heard anything back.

Eric Howlett Land Split – Pat explained that Section 4.12 of the CZO, explains the requirements to split off a lot. Eric was questioned about why he is requesting a split of 5 acres and not 3 acres. Eric said that he is willing to do 3 acres. Pat explained that if he is willing to go 3 acres, then he would not have any problems with access or granting of the split. Eric explained that he is doing this for financing purposes. He would have 2 splits remaining. Motion by Mike that according to Section 4.12, usage standards, the split request be amended to 3 acres and that the full plan be submitted to the zoning administrator and if he finds it to be in compliance, then the plan commission would recommend approval to the town board. Seconded by Gene. It was later found that because this is a zoning change, a public hearing will be required and as such, Mike McLay withdraws his motion. The public hearing will be scheduled on August 4 at 7:00.

Barrett Macejkovic Request to Put of a Shed – The building administrator will need to take a look at this and we will need to get his input by the next regular meeting. The building is 1200 square feet and he is allowed 5 percent of the total land owned. Less than 4 acres can have 3 accessory buildings. We should advise the ZA to look at the setbacks. Motion by Pat that this application for Barrett Macejkovic land use application applying to erect a 1200 sq. ft. shed be submitted to the building administrator for approval and if he finds that it is in compliance with CZO then the board would recommend that the board approve the application. Seconded by Mike. Motion carried.

ULRW – Former Doherty Property CUP. Pat explained that the PC recommended that the CUP be accepted. Kris explained that the new CUP received for the former Doherty and now the Stanton property included is the subject of a law suit filed by the town for not obtaining a CUP prior to spreading on the properties. Norm questioned why this was on the agenda if the Plan Commission was not able to talk about it and expressed strong dismay that two town board members now refuse to vote on anything involving ULWR since they are being sued personally by ULWR and the third board member had sent out an email stating that he would not vote in favor of anything regarding ULWR given the fact that ULWR spread on the land around his residence without the proper conditional use permits. Motion by Norm to table discussion in consideration of ULWR CUP application until the next meeting. Seconded by Mike. Motion carried.

Smart Growth – Pat indicated that Dave is going to let him know when this matter will be discussed at the regular board meeting.

Zoning Changes – Pat read the ordinance amending the zoning ordinance prepared by Jeff Retzlaff and went over the zoning changes proposed by Jeff Retzlaff.
Amendment 1: Discussion held on changing the 4:12 pitch to a 3:12 pitch. Motion by Tim to leave it at a 4:12 pitch. The motion failed for lack of a second. Motion by Mike to strike the 4:12 and accept the 3:12 pitch. Seconded by Norm. Gene questioned why we would want to enforce this as this should be set by the building inspector. Mike decided to change his motion to strike the pitch requirement entirely. Norm seconded the amendment. Gene suggested removing section c, d and e from the pitch requirements. Pat felt that buildings should have a foundation. Charlie Zimmerman felt the town was getting too restrictive. Motion carried.

Signs permitted – Pat went over the amendment which would allow not-for-profit organizations to put signs up advertising their sponsored events. Mike questioned the not-for-profit organizations. Motion by Norm /Tim to accept as is. Motion carried.

Public Hearing – Section 14.2 was amended to 13.2. Motion by Norm/Gene to accept as is.

Amendment 4 – Section 985 should be 19.84. Motion by Norm/Gene to accept as is. Motion carried.

Amendment 5 – 14.2 and 15.2 states that the town board shall advertise vacancies on the plan commission and appeals board. Motion by Mike/Gene to accept as changed. Gene questioned as to whether the word “should” or “shall” be used. Mike amended his motion to change the word to “shall” so that each "should” will be changed to “shall” and to adopt that amendment. Motion carried.

Amendment 6 – 15.2 The Board of Zoning Appeals shall consist of two alternate members. Motion by Norm/Mike to accept amendment 6 as written. Motion carried.

Amendment 7 – Section 15.5, the second line is amended to read as follows: and/or the Town Board. Such appeals shall be filed… Motion by Norm/Tim to accept as written. Motion carried.

Amendment 8 – Section 15.6: Motion by Gene to table this correction until we can talk to the town attorney at the next meeting. Seconded by Norm. Gene questioned as to why the appellant and their representative need to be here. What if the appellant could not be here, should they be penalized because of that. Motion carried.

Mark and Judy Holl Land Split – Mark and Judy Holl are requesting to create a residential lot from their current agricultural lot. Kris will write a letter to them stating that they will have to file an application with the Town of Clyman Plan Commission and a public hearing will need to be held.

Next meeting date: August 4 at 7:30 for the regular meeting. The public hearing will be held at 7:00 on the Howlett matter.

Motion by Mike/Norm to adjourn. Motion carried. Meeting adjourned at 9:10 PM.

Respectfully submitted:

Kris Kohlhoff

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JUNE 2, 2008

Attendees: Dave Blank, Nancy Schlender, Rick Remington, Attorney Ray Roder, Eric Howlett, Jeff & Jean Kreuziger, Brad and Caroline Bailey, Duane Schuett, Charlie Zimmerman

Commission Members Pat Morrison, Mike McLay, Norm Huber, Tim Huber, and Gene Bogard present.

The meeting was called to order at 7:35 PM by Chairman Pat Morrison. The Pledge of Allegiance was said.

Member Tim Huber and new appointee Gene Bogard were sworn in as Plan Commission members for a three year term beginning June 2, 2008.

Approval of Minutes – Motion by Mike/Tim to approve the minutes as presented. Motion carried.

Request by Eric Howlett for a Land Split – Eric Howlett indicated that he would like to split off a residential lot that includes the house that he currently lives in and 2 or 3 acres from his other land but he does not want to make any buildable lots on the remaining property. He was advised that he needs to fill out an application and present it next month. He needs to apply for a CUP, present a sketch of what he wants to split off and how access will be gained to the property. He was also advised that he should plan in the event the property is sold. He was advised that there will need to be a public hearing.

ULWR Request to Spread on former Doherty Property – Pat advised that he has composed a draft CUP document that he has submitted to the attorneys for their review. Attorney Roder read the draft of the CUP. Mike questioned the provision about spraying and misting not being permitted. Rick Remington explained about the land injection and how it is done. Attorney Roder explained what could happen if ULWR did not comply with the spreading permit such as taking them to court or rescinding the permit. Question raised as to why ULWR should pay for the attorney fees in the event someone sues the town because they did not want the permit issued. Attorney Roder explained that this is a common phrase in permits such as this as it is in their self-interest because they don’t want the town sued and have to rescind the permit. Question raised as to the transfer of ownership should one be requested. Pat raised the question of the total running pounds per acre of nitrogen. Pat went through each paragraph as to changes. Paragraph 1 will be changed to mink raising “operations.” Attorney Roder read the Findings of Fact and Conclusions of Law. Charlie Zimmerman asked that this permit not be put into effect until all challenges are cleared. Attorney Roder explained that ULWR cannot challenge only part of the permit, they must challenge the entire permit and under the Town’s ordinance they cannot operate under the permit until the issues are resolved. ULWR has the right to go to court with the challenges. Pat pointed out that he neglected to include the fees incurred as a result of this action in the CUP. It is listed in the Findings of Fact. It should be added to Paragraph 5 that the chairman can approve an emergency application. Mike felt that after the corrections are made the permit should be granted. Pat’s goal is to recommend approval or disapproval and move it on to the board. Pat went through the conditions for approval of the permit. Mike felt to deny the permit because of what they have done in the past or the “what if’s” would not be in the best interest of the commission. Motion by Norm/Mike that in compliance of Sec. 6.2 of the Town of Clyman Zoning Ordinances that they recommend to the town board the acceptance of the draft CUP and the Findings of Fact Report for ULWR and Tracy Bros. LLC with the proposed corrections and additions which are to add the cost recovery clause, add EAP and addition of the Town Chairman’s authority to authorize direct application in emergency situations. Jeff Kreuziger pointed out that there are restrictions on the spreading of manure on properties. Discussion on this issue. A Roll Call vote was taken. Gene Bogard abstained due to his unfamiliarity with the issue. All other plan commission members voted unanimously in favor of forwarding to the Town Board the acceptance of the draft CUP and the Findings of Fact with the proposed corrections and additions as stated.

Smart Growth Planning – Motion by Pat/Tim to table this discussion until next month so the newest member of the Plan Commission could familiarize himself with this. Motion carried.

Zoning changes – Charlie Zimmerman pointed out that on Page 72 of the Zoning Ordinances -Sec. 15.5 should also read “and/or the Town Board.” Pat will submit this change to Jeff Retzlaff. Pat asked about the possibility of adding a clause for windmills. Charlie Zimmerman pointed out that there is an article in the Wisconsin Farmer regarding the pros and cons of windmills. Jeff Retzlaff should be ready to present the proposed changes to the Commission next month.

Citizen comment – None

Next Meeting Date: July 7, at 7:30.

Motion by Norm/Mike to adjourn. Motion carried. Meeting adjourned at 9:20 PM.

Respectfully Submitted:

Kris Kohlhoff

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May 5, 2008

Attendees: Bob & Melinda Tracy, Mary Kreuziger, Marilyn Schwass, Ann Blank, Chris Spilker, Marylee Peterman, Nancy Schlender, Chuck Burkholz, Dave Blank, David Beattie, Brad Bailey, Kevin O’Meara, Rick Remington, Jeff Kreuziger, Charlie Zimmerman, Caroline Bailey


The Public Hearing regarding a land split for Robert and Melinda Tracy was called to order at 7:15 PM
by Chairman Pat Morrison with Marv Hanke, Tim Huber and Mike McLay present. Also present was Attorney Andrew Griggs.

The Pledge of Allegiance was.

Robert Tracy Jr. requested to rezone 2.8 acres from agricultural to residential for the purpose of constructing a house on said parcel. Marilyn Schwass was the only adjoining land owner present. She questioned as to where the home was going to be located on the property. Bob stated that it was going to be roughly between 600 and 900 feet off of Creek Road. Mary Kreuziger asked about flag lot policies and wondered if the driveway was included in the acreage. Bob indicated that the driveway is included and the driveway is going to be 12 feet wide to allow for emergency vehicle access. Mary also asked about access to the farm fields – will it be a separate driveway or will they be sharing a driveway. Bob indicated that at the present he is anticipating they will be using the same driveway as he will be using. Mary questioned whether that was legal. Bob indicated that he is planning on renting out the farmland. Marilyn Schwass indicated that she felt that there is another access there. Marylee Peterman indicated that there cannot be any landlocked land so the work field would need to have a driveway. Bob pointed out to the Commission how he felt the driveway could go. Discussion with the Commission on this issue. Dave Beattie questioned what the issue was for the public hearing. Pat explained that because the property is being rezoned from Ag to residential there has to be a public hearing. Question by Chuck Burkholz if the parcel would be large enough with the residential part taken out. He was advised that the parcel would be adequate size.

Motion by Mike/Marv to close the public hearing. Motion carried. Public Hearing closed at 7:34 P.M.


The regular meeting of the plan commission was called to order at 7:35 PM.

Minutes from the previous meeting had been sent out. Corrections were noted as follows with the previous minutes: Under “Quantity and Material” it should read: This will be according to the loading rate not to exceed the hydraulic rate of 13,500 gallons per acre per day which is equivalent to ½ inch of rain.” Under “Recording and Monitoring,” in the sixth line, the sentence should read, “Typically spreading would be done once per crop year.” On Page 2, the second to last paragraph which begins with the name Milton Schlender, the second to last line should read, “Steve indicated that the permit did not require injection and that they can spread on bare dirt.” All members did not agree with this correction and it will be checked further. On Page 3, under “Steve Lepple” the second line should read “96” acres of farm land.” With corrections noted, motion by Marv/Mike to approve the minutes pending the question about direct injection. Motion carried.

Bob Tracy Land Split – Pat went through the zoning requirements of the proposed split and pointed out that the split meets the zoning requirements. The proposed driveway meets the requirements of Sec. 8 of the Zoning ordinance. Mike indicated that it would be advantageous tax wise for the township to approve this. Marilyn Schwass questioned how many splits can be done on a property. It was explained that with 80 acres there can be three splits on the property. According to Sec. 6.1 of the Zoning Ordinance, Bob would need a separate driveway for the farm land because of part of the property being rezoned residential. The safety issue of the driveway was discussed because of the hill. Bob indicated that he is willing to provide additional access if necessary. Motion by Pat that Parcel No. 01210151812000 and 012-10151811000 in Section 18 in the Town of Clyman located at Creek Road and Welsh Road owned by Bob and Melinda Tracy be allowed the split of up to a three acre residential lot from the existing agricultural land for the purpose of constructing a residential dwelling. Bob and Melinda Tracy will have one split remaining. The Tracy’s were advised that current zoning regulations require that an additional driveway for agricultural access be constructed or a variance can be issued according to Town of Clyman zoning issues. Seconded by Tim. Motion carried unanimously. Discussion held on the driveway issue. Bob was advised that he needs 200’ between driveways.

Doherty Spreading Permit - A letter dated May 5, 2008, from Attorney Mindy Rowland Buenger of DeWitt, Ross and Stevens was read by Attorney Griggs regarding ULWR and the land spreading permit which she wrote on behalf of several town residents. This letter contained several conditions under which her clients felt the spreading permit should be granted. Chairman Morrison indicated that his goal is to draft a proposed CUP based on the CUP permit for the lagoons. Chairman Morrison went through the memo received at the April meeting from Attorney Roder to form the basis for the CUP.

Hours of operation – This will follow along the lines of paragraph 44 of the WPDES permit which states that no wastewater may be delivered to, accepted by or land spread on farm fields in the Town before 6:00 AM and after 8:00 PM on a weekday or before 6:00 am and after 2:00 PM on any Saturday or at any time on any Sunday or the holidays of New Year’s Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas.

Paragraph 3 defines industrial wastes as nonhazardous wastes that meet the following description: not regulated under ch. NR 518 Wis. Admin Code, including but not limited to liquid wastes, by-product solids and sludges generated by: fruit and vegetable processing, dairy products processing, meat, fish and poultry products processing, mink raising operations, aquaculture, commercial laundromat and motor vehicle cleaning operations and any other industrial, commercial or agricultural operation which results in a discharge that has no detrimental effects on the soils, vegetation or groundwater and which also has beneficial properties as a soil conditioner or fertilizer.

Mike asked about the mink raising operations and indicated that this is like a farm operation with manure. He felt that it should be mink processing, not mink raising. Attorney Griggs indicated that he will check the code to make sure that it is correct.

Paragraph 45 indicates that no land spreading of municipal wastewater sludge shall take place from January 1 to March 1 of each year.

Paragraph 46 states that all wastewater that is landspread shall be knifed into the soil at the time of spreading. Liquid sludge must be incorporated into the soil when necessary to prevent surface runoff or objectionable odors.

Bob Tracy, Jr. questioned about just following the WPDES permit. Pat indicated that certain restrictions may not be listed in the WPDES permit which the town has the right to enact.

Complaints – This will follow along the lines of Paragraph 49 – ULWR shall work in conjunction with the Town to develop a system for the logging and investigation of complaints from residents of the Town related to the landspreading operation. All such complaints logged with ULWR shall be provided to the Town Clerk within five (5) calendar days of receipt. The prescribed form shall be entitled “Complaint Form” and shall include room for the name of the complainant, the date and time of the event, a full description of the events and circumstances underlying the complaint, names of any witnesses to the event, and contact information for the complainant and any identified witnesses. Forms shall be available at the Clyman Town Hall. All complaints of which ULWR receives written notice shall be logged, promptly submitted to the Town and investigated by ULWR. Atty. Griggs recommended that the town have a complaint logging system.

Paragraph 12 should be included which reads land application of wastewater containing municipal sludge on frozen or snow covered soils is prohibited. Land application is not permitted if any of the ceiling limits shown in Table A. of Sec. of the WPDES Permit are exceeded.

Paragraph 15 should be included regarding Daily Log, Monitoring Requirements and Limitations – All land application and monitoring activity shall be documented on log sheets. Originals of the log sheets shall be kept by ULWR as described under “Records Retention” in the Standard Requirements section of the WPDES permit and if requested made available to the Town for inspection and copying.

The second sentence of paragraph 18 should be included which states: During land application, samples shall be collected and analyzed for the parameters at the frequency showing in said Table 3.2.1 or as that Table is modified for new waste material.

Paragraph 21 – ULWR shall, upon request by the Town Board or the Plan Commission, provide a copy of the daily log of the volume of waste material received from each sampling point. The log shall include a record of the client name, the type of waste, the volume and any characterization of the waste. ULWR shall also provide, upon request, the written verification of the waste type for each truckload of waste materials recovered. The log shall include the name of the trucking company, if an independent trucking is transporting the waste. When a truckload contains more than one type of waste, the volume of each waste shall be noted. ULWR shall keep a detailed log book and shall also show the running total of pounds per acre of nitrogen applied to the site. The above information shall be submitted on a quarterly basis to the Town as well as at the end of the year with an annual report. These reports shall be signed by the certified operator and the owner.

Paragraph 22 – For each new waste material and source that has not been identified in the Permit application, ULWR shall provide to the Town the information required in section of the WPDES permit to identify the source and characteristics of the new waste material. ULWR shall not land apply any new waste material at any field or outfall in the Town until written WDNR approval has been granted and notice of that approval has been provided to the Town Clerk. ULWR shall within 5 business days of the time it seeks WDNR’s approve, provide the town notice of the request for approval. The notice of request shall be accompanied by the information required under Section of the WPDES permit including any additional information subsequently provided to the WDNR.

Paragraph 27 – ULWR shall provide the Town copies of each report to WDNR that relates to any noncompliance with the WPDES permit. Reports not mailed, faxed or delivered to the Town Clerk within 10 business days of their submission to WDNR shall be deemed untimely and in violation of this CUP.

Paragraph 30 – Prior to initiating land application of any new waste material, ULWR shall submit and obtain Town approval of an amended EAP that takes into account changes to the management plan, financial surety required by this Permit or other terms and conditions identified by the Town as necessary for compliance with this Permit.

Paragraph 31 – All land application sites used for treatment of liquid wastes, by-product solids and sludge shall be operated in according with a WDNR approved management plan, which plan shall be made a part of ULWR’s EAP. The management plan shall be consistent with the requirements of this Permit, the WPDES permit and ss. NR 214.17(3) and (6), and NR 214.18(3) and (6), Wis. Adm. Code. To ensure this consistency, the EAP shall address: 1) the information identified in NR 214.17(6) and NR 214.18(6); 2) record keeping and maintenance (including responsible individuals); 3) a full description of calculations used to determine appropriate application rates and loadings delivered to land application sites; 4) tracking of site loading; 5) notification and mitigation procedures for handling wastes that deviate from those anticipated; 6) odor control; and 7) the means and methods for disposal and odor control when treatment is inadequate to achieve the 300 mg/1 BOD and 2 mg/1 DO limitations.

Paragraph 39 – ULWR shall land apply only the liquid wastes that are permitted. The volume of liquid wastes land applied shall be limited to prevent ponding, except for temporary conditions immediately following rainfall events. If ponding occurs all land application shall cease immediately. The volume of liquid wastes land applied shall be limited to prevent runoff. If runoff occurs all land application shall cease immediately. Direct application of industrial wastes shall be limited to those wastes approved for landspreading without treatment because their treatment in the facility would be detrimental to the treatment processes of the facility due either to (but only to) the waste’s strength or consistency (thickness). The permittees shall provide the Town a list by source of all wastes directly applied and the date and location of their application.

Paragraph 40 – Land spreading of wastewater is prohibited within 300’ of any navigable stream and land spreading on any field that is tiled may only occur if the tiles are five (5) or more feet below ground surfaces and otherwise complies with WDNR rules. Application for landspreading pursuant to WDNR rules must be accompanied by notice to WDNR that the field is tiled.

Paragraph 42 – Prior to the start of landspreading on any property in the Town, the Permittee shall, in addition to the certification or recertification required by the WPDES Permit, provide the Town a document signed by the owner of the landspreading site stating that the Owner is allowing the Permittee to use the owner’s land for that purpose and that the landowner has been apprised by the Permittee of all other conditions on such spreading, including but not limited to limitations on source, strength, volume of waste, rate of waste application and time of waste application, imposed by the WPDES permit or this Permit, and that the landowner will to the best of the landowner’s ability report any failures of the Permittee to comply with the limitations as they affect the landowner’s property. Failure to obtain the document, file it with the Town or adhere to the limitations, whether specified in the WPDES permit or this Permit, constitutes noncompliance with this permit.

Paragraph 24 – ULWR shall, for a period of at least five years from the date of each sample, measurement, report or application, retain a copy of such sample result, measurement or application and all records of monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the WPDES permit, and records of all data used to complete the application for said WPDES permit.

Paragraph 55 – The owner and operator of the Facility shall defend, indemnify and hold harmless the Town and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney’s fees arising out of the acts or omissions of the owner or operator concerning the operation of the Facility.

Paragraph 54 – This permit does not cover or authorize the conducting of any operation not expressly identified in this CUP, including but not limited to specifically any vehicle repair operation that services vehicles not owned by ULWR, any warehousing operations, any grease recovery operation and any operation producing biodiesel fuel.

Paragraph 60 – The Town Chairperson or any member of the Town board, the building inspector, zoning administrator, or other appropriate designee may enter the facilities and/or property to ascertain compliance or to investigate an alleged violation of the terms of this Permit. Anyone inspecting the facilities and/or property will be escorted by the Operator or other permittee and shall comply with all safety regulations imposed by the operator on its own employees. Refusal to promptly allow inspection of the facility or any site in the town used for disposal of industrial waste accepted by the permittees (or, if permitted, sewage sludge) shall constitute noncompliance with this CUP. Persons making inspections based on complaints shall be permitted to take samples of wastes and soils representative of the conditions at the time of inspection. The analyses of the samples shall be at the Town’s expense and the results shall constitute public records. Unless the operation is in strict compliance with the terms and conditions set forth herein, the approval for this permit is subject to revocation pursuant to the procedures of the CZO in effect at the time.

Chairman Morrison wants to add additional conditions that the CUP be subject to yearly review for a period of 3 years. This is all conditioned upon the CUP. Discussion held on the Emergency Action Plan. Marylee Peterman indicated that the correct property named should be used – Tracy Bros. LLC property in Section 33. Chuck Burkholz questioned about liquid sludge being incorporated into the ground when necessary to prevent surface runoff or objectionable odors. Pat indicated this is allowing us a mechanism for addressing this issue. Motion by Pat Morrison to draft the document to proceed with the Cup/seconded by Mike. Motion carried.

Pat feels that we need to move forward on some things to show that we can. The things that we feel we have a legitimate objection on we should hold on. We need to exercise the privileges that we can and not be inflexible.

Smart Growth Planning – Kris gave the commission information she received from Jeff Retzlaff concerning the smart growth planning. Discussion on how to proceed. Discussion on preservation of farmland in the community. Pat read the letter from Jeff Retzlaff. Motion by Tim/Mike that at least one member of the plan commission will attend the next town meeting for the purpose of discussing smart growth. Motion carried.

Zoning Ordinance Changes – Charlie Zimmerman brought up corrections that he felt should be addressed as follows:

Roof Pitch – He feels that the 4-12 pitch should be changed to reflect a roof load so that people don’t have problems getting modular homes.

Page 65 – Section 13.2 – Notice of public hearings – Class II notice requirements should be changed to be set forth in Section 19.84.

Page 72 – Section 15.5 – 3rd line – Should read “Such appeals should be filed”;

Dave Blank brought up that action required by the appeals board should have a time limit set. Discussion on this issue. Mary Kreuziger suggested that this go in Sec. 15.6. Change the words “reasonable time” to 60 days. In that same paragraph, she would like last sentence changed to “applicant must appear in person and may be accompanied by an agent or attorney.” Caroline Bailey disagreed. This would pertain to appeals only. Pat took a vote on how many felt that the appellant should appear in person. The show of hands recommended that the people appear in person.

Page 42 - Sec. 7.4 – Para. 4 – Non-conforming use being damaged by 50% or more –Charlie indicated that the State just recently changed the law on this- he suggested that we contact the attorney regarding this change to see how it should be worded.

Page 64 – 12.4 – Second sentence – Section referred to should be 13.2.

Suggestion on page 68 and 71 – Sections 14.2 and 15.2 dealing with expiring terms of plan commission and appeals boards. He felt that this should be worded to say that it should be advertised so that interested parties can apply.

Page 71 – Concerning Board of Appeal Alternates – it is required by law that there be two alternates. In Paragraph 1, it should be alternate “members.”

Kris Kohlhoff brought up about signs being put up for non-profit organizations and that perhaps these should be considered exempt. Pat Morrison went through the current sign ordinance. Kris expressed that this did not cover non-profit organizations. The following will be added at Sec. 12 – Signs promoting fund raising activities for non-profit organizations would be exempt. This is found at page 54.

Kris also brought up about a land owner having to pay a fee to split his land when he already owns the land. Discussion on this issue.

She also brought up about the amount of fees that are charged. She indicated that she has two sets of fees and does not know which one is correct. Marylee Peterman thought that this would be listed in the resolutions of the town as this was a town board function.

Land Division Ordinance – Pat Morrison explained the land division ordinance and that by passing this ordinance, the county would have no jurisdiction over the land divisions. The purpose and intent follows a lot of our zoning ordinance. Pat indicated that this will be addressed with smart growth. Motion by Pat/Marv to refer this discussion until smart growth is discussed. Motion carried.

Plan Commission members – Marv indicated that he does not wish to continue on the plan commission. He will be submitting his resignation. Pat indicated that he regrets Marv’s decision. Tim Huber indicated that he will continue on the board.

Citizen Comment – None

Next meeting Date: June 2, at 7:30.

Motion by Marv/Tim to adjourn. Motion carried. Meeting adjourned at 11:05.

Respectfully submitted:

Kris Kohlhoff

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April 7, 2008

The Public Hearing was called to order by Chairman Pat Morrison at 7:03 PM with Norm Huber, Mike McLay, Tim Huber, Marv Hanke and Attorney Andrew Griggs present.

Attendees: Larry and Barb Quest, Jeff Kreuziger, Milton & Nancy Schlender, Bob Tracy, Jr., Melinda Tracy, Steve Hoffman, Bob White, Chuck Burkholz, Jean Kreuziger, Charles Zimmerman, Tom and Terri Salamone, Mary Kreuziger, David Blank, Cory Anderson of General Engineering, Lucas Scheiber, Nate Spotts, Kevin O’Meara, Caroline & Brad Bailey, Dave Beattie, Steve Lepple, and Rick Remmington.

Public Comment: Charles Zimmerman questioned as to what was going to be spread on the property. Jeff Kreuziger questioned if there was a permit for spreading on the Moeller property and where the 10,000,000 gallon storage facility is that is recorded in the brochure. Chuck Burkholz asked if something happens, who would end up footing the bill for the cleanup. Dave Beattie has concerns centered around recording and monitoring of the waste and suggested the commission refrain from granting the permit until these issues have been taken care of. He stated that in June, 2006, ULWR spread within 125 feet of his house and well. In addition, two of the fields have piling in them that are near the Doherty farms. He questioned who is going to be recording and monitoring. Bob White asked who is expecting to test the waste and is the town going to foot the bill to hire another agency to test this waste. He felt that we did not have the capacity to monitor and asked if that is going to come back on his tax bill. He indicated that he does not feel that ULWR should have to pay for the attorney fees. Larry Quest has the same concerns that Dave Beattie has and further questioned how they are going to spread it - injection or sprayed on top the ground. Charles Zimmerman indicated that the monitoring is covered in the Zoning but these are being challenged so the monitoring is up in the air. Caroline Bailey would like to thank United for spreading the waste the every single one of us helps to create.

Questions asked by the citizens were then answered by ULWR representative Steve Hoffman.

What will be spread? Steve Hoffman stated that their current permit and the new permit coming have multiple outfalls listed with each having its own parameters. There are requests by the DNR for them to do direct outfall instead of comingled which is analyzed according to DNR specs. They have a direct crew that handles this. Steve indicated that the spreading is to their discretion but DNR directs them.

Quantity and material – This will be according to the loading rate not to exceed the hydraulic rate of 13,500 acres per day which is equivilant to ½ inch of rain. These are governed by nitrogen or chloride rates.

Affect on water quality and responsible for clean up – Steve didn’t think that any one person can be deemed responsible for ground water unless there are true indicators or markers to indicate directly who is at issue.

Recording and Monitoring – Steve indicated they would follow the guidelines set forth in the new permit coming from the state which requires annual reporting and quarterly reporting of the comingled waste. The new permit will have more frequent monitoring and reporting. They are proposing that the CUP they are applying for would meet the new guidelines of the permit coming from the DNR. The new permit has been signed and went into effect November 1 except for a few objections that are being worked out. The DNR has approved the site but doesn’t give them a specific permit for the Doherty property. The land will be cash cropped. Spreading would be done once per crop year. Steve indicated that there is about 25 acres on one field and 15 on another field that are approved. The balance down by the Highway 26 is not suitable for application. Question as to where the tile is in the field. Steve was unable to answer but indicated that they are looking at tiling the low ground. Chuck Burkholz asked if sugar water was actually applied. Steve indicated that comingled food processing waste would be applied according to DNR guidelines. Chuck asked about other wastes. Steve indicated that there are other types of waste that have beneficial uses that DNR accepts. Mike McLay asked about this material being logged. Steve indicated that inflow is logged as well as outflow which is new to the new permit. Steve indicated that the DNR permits have improved a lot and requires more monitoring and reporting back to the DNR. The land is currently being cropped now. Food grade waste can have odors. Frequency of analysis is quarterly for the harvesters and until the permit is resolved they will be working towards resolution of this. Steve indicated that there are certain compound items that would be considered heavy metals. Zinc is in all of our food. There are a lot of these components that are beneficial to crop use. The amounts of the metals are governed by the permit. They have several levels and thresholds. Those metals are governed in municipal code and are not at toxic levels. Chuck Burkholz was concerned about the odors and property values. Steve indicated that the land application would take place at best 2-3 times per year and will not be a chronic event. Treatment of waste is the way to deal with the odors. Milton Schlender indicated that the smell is there every day. Steve indicated that we are here tonight to talk about the Doherty land spreading application.

Nancy Schlender questioned about what will happen to the parcels that are not spread on. Steve indicated that these will be cropped as any other ag fields would be cropped. There would be no restrictions on the cropping use. She asked about their spreading to these parcels. Steve indicated that they do not meet DNR criteria so no spreading would be done on those. She also questioned about runoff. Steve indicated that DNR restricts their slopes that they can apply on as well as setbacks with regard to run offs. Bob White indicated that the DNR is not just sitting in Madison but they are out here on a regular basis. Chuck Burkholz questioned if the CUP spreading permit is issued, how long is this in effect. Cory Anderson of General Engineering indicated that it is a 12-month permit and that they can end the permit with a 28-day notice. Pat Morrison indicated that the CUP is reviewed every year until there are no complaints. Dave Blank asked what method they are using to apply on the land. Steve indicated that DNR code allows for multiple avenues for land application. Predominately their choice is direct injection. They are also required by the Department to inject all waste unless the department would pre-approve a surface application but that would be at the department’s discretion. Direct applied waste are sampled annually which will be changing with the new permit. These are allowed with less frequent sampling because companies that this comes from are very simple. Chuck Burkholz asked if there was anything in it for the Town if the odors come around and affect the people. It was just tax dollars for the town. Comment was made as to how much this small community can handle. Reference was made about handling municipal sludge.

Caroline indicated that we should all have to take some of this sludge on our land. Pat Morrison indicated that we have to work within the confines of the statutes. Questions were raised as to violations and well contamination. Steve indicated that they have never been charged with contaminated wells or that contamination of wells has ever been found in documents that are in front of the DOJ. Pat indicated that questions need to be directed relative to the Township of Clyman. Jeff Kreuziger asked about record keeping. Norm Huber indicated that he felt that the DNR would not be issuing another set of permits if ULWR’s record keeping was not done in a proper manner. Jeff Kreuziger indicated that the town would probably be responsible for clean up if something happens.
Norm Huber indicated that he would be happy to have them spread on their land but they only have 17 acres that qualify and that is not economically feasible. Mike McLay indicated that rules and regulations should be followed and that the board has to follow them also. Atty. Griggs indicated that they can grant the CUP with various regulations. Steve indicated that if a DNR code was violated, they would work with the DNR to correct the violation. When asked about providing the town with DNR correspondence regarding violations, he indicated that these are open records and that a copy could be provided to the town specific to the site. Odor would be handled by looking at the waste stream that was applied. Steve would want to have some validation of the odor in general by a third party that it is a true issue and not just a nuisance complaint. He felt the Department could act as a third party. He further indicated that ULWR would treat it if it was direct outfall.

Milton Schlender asked who monitors it to make sure that the correct amount is put on. Steve indicated that right now it is monitored by their operators. Pat Morrison indicated that most reports are self-monitoring but can be checked. Steve indicated that there are two direct regulators now and they are both familiar with their operations and verified that all required paperwork is in place. Steve indicated that the permit will not allow injection and that they can spread on bare dirt.

Chuck Burkholz asked about what types of crops they would be planting. Steve indicated that this is yet to be determined. Steve indicated that what they are going through with the DNR defines steps that are being taken in the short term and ultimate treatment of the waste will determine the control of the odors. Jean Kreuziger asked if Pat Morrison had read the Dan Heim affidavit about the ground water contamination. Chuck thanked Steve for his comments. Jeff Kreuziger asked again about the ten million gallon storage but Steve indicated that he did not see the relevance of that with regard to the Doherty property CUP.

Motion by Marv/Norm to close the public hearing. Motion carried. Public hearing closed at 8:17 PM.

Regular Plan Commission Meeting called to order.

Minutes from the previous meeting had been sent out. Motion by Mike/Norm to accept minutes as written. Motion carried.

Bob White requested to be moved up on the agenda regarding a question from Tim Huber about whether he had a CUP for his business. Bob indicated that his business has been here for a long time. He indicated that he put a shed up and that his business consists of a phone in his house. Dave Bland indicated that he had received a call on this also. Bob was questioned as to when he bought this property. Bob indicated that he has had this business long before the zoning began. Dave indicated that there is another trucking business out there where we will have to check as to when he began his business. The Board indicated that because Bob White began his business before 1999, he is grandfathered in and therefore, there is no problem.

Doherty Property Spreading Permit – Atty. Griggs read a letter he had received from Attorney Roder regarding recommendations of the Doherty Spreading CUP. Attorney Roder disagreed with making the approval of the area landowners a requirement. He felt that consistency should be followed with the DNR WPDES permit. Discussion held on this issue. Norm Huber asked about just having ULWR follow the regulations of the WPDES permit. Pat Morrison questioned about the comments from the town residents and felt that Attorney Roder’s letter made sense. He felt that they were not in a position to make a recommendation to the board at this time and that they needed to review Atty. Roder’s comments and think about protecting the town and possibly doing a draft CUP. Pat felt that consistency was a big issue. Pat felt that between now and the next meeting, members of the Plan Commission should come up with what they felt should be put in the CUP and at the next meeting they will put them together. Motion by Mike/Marv that we consider the comments, consider Atty. Roder’s letter and go through the suggestions in their mind and formulate a CUP at the next meeting. Motion carried. The next meeting date will be May 5 at 7:30.

Bob Tracy Land Split – Kris Kohlhoff indicated that questions were raised about Bob needing a CUP for his land split. Cory Anderson, representing General Engineering, indicated that he does need one. Bob had filled out a CUP application and paid the fees. Bob indicated that his intent is to build a house. He purchased 56 acres and would like to split off a 3 acre parcel to build a house which would include a driveway and the house. Cory Anderson felt that a public hearing would have to be held. Discussion on this issue. The commission determined that Section 6 of the Zoning Ordinance applied and that a public hearing was needed. This will be done at on May 5 at 7:00.

Steve Lepple – Land Split for the former Charles Kline Property – They recently purchased this property and the house is attached to 23 acres of farm land. Steve indicated that he is not going to live there. He would like to split the house from the farm land. Dave Blank indicated that he has looked at the previous splits. Dave indicated that Steve could do one more split but then that is it. Steve indicated that they are going to put in another driveway on the property. Mr. and Mrs. Salamone indicated that there is not 33 feet for a driveway. There is nothing on the deed indicating that there are to be no additional splits. Discussion held on the split and driveway issue. If the driveway is not 33 feet, they can purchase the additional land or go to the appeals committee on it. Mr. Lepple was advised that a public hearing will have to be held on the land split. He indicated that the only building remaining on the property will be the house. It was determined that he needed to do a CUP application and a public hearing would need to be held. The public hearing will be held on May 5 at 7:00.

Smart Growth – Pat indicated that he has not heard from Jeff Retzlaff. He left another message for him today. This will be placed on the agenda for next month.

Land Division Ordinance - Nancy Schlender asked about the land division ordinance draft that the town received last year. This will be placed on the agenda for discussion next month.

Zoning Administrator Duties – Discussion held regarding what is in the zoning book. Pat felt that the duties of the zoning administrator did not deal so much with a person as they were a function. Discussion as to how the duties are to be interpreted. The enforcement issues would be handled through the attorney. Nancy indicated that in addition to herself, Marylee Peterman and Caroline Bailey have gone through the plan commission minutes and composed a list of items that the zoning administrator should look into.

Reappointment of Plan Commission Members - Marv Hanke and Tim Huber’s terms are up this year. It was felt that before they are reappointed, a notice should be put out for any other interested persons to apply. Cut off date should be May 1, 2008.

Citizen Comment – Jeff Kreuziger asked about whether spreading was done on the Moeller farm and why his question wasn’t answered during the public hearing. Pat indicated that he did not feel that it was relevant to the hearing at that time. Dave Blank felt that this would be something for the zoning administrator to check out. Jeff asked when it would be relevant to ask this question. Discussion held on this issue. Jean brought up the possible bar owner license revocation incidents that recently happened in the City of Beaver Dam and questioned whether the Town could do something like that with ULWR if they continue to violate. Norm Huber felt that ULWR is making improvements in their compliance issues.

Kris indicated that she has been asked by a resident if the town has exclusive agricultural zoning because we do allow CUP’s. She was advised that the resident should check with Dodge County Zoning.

Charlie Zimmerman thanked the board for listening to the citizens and sharing their comments with them.

Motion by Marv/Norm to adjourn. Motion carried. Meeting adjourned at 10:15 PM.

Respectfully submitted:

Kris Kohlhoff

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Town of Clyman
Plan Commission Meeting Minutes
March 3, 2008 – 7:30 PM

The Town of Clyman Plan Commission meeting was called to order by Chairman Pat Morrison at 7:35 PM, with Marv Hanke, Tim Huber and Mike McLay present. Norm Huber was absent.

Also present were Mary Kreuziger, Dave Blank, Chuck Burkholz, Rick Remington, Nancy Schlender, Jerry Foellmi of General Engineering, Brad and Caroline Bailey, Jerry Kreuziger, Duane Schuett, and Jean & Jeff Kreuziger.

The Pledge of Allegiance was said.

The minutes of the previous meeting had been sent out. Motion by Mike/Tim to approve the minutes of the previous February 4 meeting. Motion carried.

ULWR – Dave reported that a special closed session board meeting was held on February 28, 2008, and after reconvening into open session, the board voted to pursue action against ULWR in Circuit court regarding the biodiesel and warehousing businesses. Pat asked about supercedence of DNR jurisdiction. Dave indicated that this would be addressed. With regard to the meeting that was held on February 12 with ULWR representatives and Pat Morrison, Chuck Burkholz and Attorney Roder, Pat stated that ULWR feels that the businesses are grandfathered in and with regard to the CUP for the treatment facility, ULWR feels that the town is setting itself up as a regulatory agency and they object to that. Pat indicated that the Town is not asking for anything in addition to the DNR requirement, the town is just copying DNR’s provisions. Pat felt that it was a good meeting on February 12 and differences were aired. Chuck Burkholz indicated that he felt that the meeting was set up to discuss the grease, bio-diesel, warehouseing and truck repair business but he felt that most of the meeting was spent discussing the CUP conditions.

Public hearing date for ULWR spreading request for Doherty property – The public hearing date will be held on April 7 at 7:00. Notice needs to be posted March 18 and again on the 23rd. Kris asked about notification to the abutting landowners and who provides that information to the clerk for sending notices. Caroline Bailey indicated that the clerk has to figure that out and notify the owners.

Jerry Foellmi went through the application with the Commission. After reviewing the conditional use sections of the CZO, he prepared a letter going through the conditional use sections of the zoning ordinance. Additional information requested from ULWR will be proposed hours of operation, number of trips per day/week/month, waste application rate, confirmation that application rate matches or is less than soil acceptance, the equipment/materials to be used or stored on this site and the methods of handling the waste that is applied.

Question was raised as to comment no. 5 of Jerry’s comments which requires a sign-off letter from the adjoining property owner to the south of this parcel (Dave Beattie) prior to recommending the acceptance of this CUP. Jerry indicated that he used “sign off” loosely, but that Dave Beattie does have to indicate his response to this. If he does not reply or respond to ULWR, then Jerry would try to get a response, but if he does not respond to anything, then the Board could take that as “no objection.” Discussion was held on whether the land owner or Town should notify the adjoining land owners. Jerry felt that the applicant should contact the adjoining property owners to make sure the neighbors are okay with the permit. Pat pointed out that the applicant is responsible for providing the names of the landowners pursuant to Sec. 6 of the CZO. Discussion on whether ULWR should be contacted about adding on the smaller section of 3321-001 but Jerry said that the CUP can only be considered for what is submitted. If the information isn’t provided by the time of the public hearing, then it can’t be considered at the public hearing. Kris should contact ULWR via letter and let them know that we need the additional information requested pursuant to Jerry Foellmi’s letter. They have applied in good faith and the Commission needs to proceed in good faith. Jerry questioned as to whether he should submit information to the Commission and then send it on or should he send it on to the owners at the same time he sends it to the commission.

Smart-Growth Planning – Pat felt that there has to be more public outreach input. Pat felt that we should ask Jeff Retzlaff to update the proposal that he presented and bring it back next month and then vote on it to recommend it to the regular board. Motion by Pat/Mike to contact Jeff Retzlaff and ask him to update his proposal to allow for more public interaction and proceed based on the new cost. Motion carried. Chuck questioned about integrating this with the website.

Zoning Administrator Duties – Jerry explained the duties that his company will be providing to the town. He stated that about 90 percent of their duties will be handled by the building inspector. The technical and engineering issues will be handled by Jerry. Their job is to recommend but the town ultimately makes the decision. He stressed that they are not surveyors, that it is the landowners responsibility to make sure that the building is within the setbacks. If something falls out of the normal permit fee, then the fee will be based on a time material type basis.

Zoning Ordinance Changes – Pat advised that the commission should review the ordinances and be prepared to discuss possible changes at the next meeting.

Next meeting date – The next meeting date will be April 7 at 7:00 for the public hearing on the Doherty Spreading permit. The regular meeting will immediately follow.

Motion by Mike/Tim to adjourn. Motion carried. Meeting adjourned 8:40 PM.

Respectfully submitted,

Kris Kohlhoff
Town Clerk

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February 4, 2008
The Plan Commission meeting was called to order by Chairman Pat Morrison at 7:40 PM with all board members present. The Pledge of Allegiance was said. Also present was Jeff Retzlaff, Jerry Foellmi of General Engineering and 10 audience members.

The minutes of previous meeting had been sent out. Motion by Mike/Marv to accept the minutes as presented. Motion carried.

Smart Growth –Chairman Morrison felt that the goal for the town at this point was to accomplish the most cost effective way to comply with the state mandated smart growth. If the town does not do it, the zoning will revert back to the county. Jeff Retzlaff addressed what is required and the compliance deadline. He gave a report on what the legislature is doing regarding compliance deadlines and the possibility to extend the deadline to 2015. He said that there is also a proposal to eliminate the requirement to do a smart growth plan for municipalities that are less than 2500 population. The plan would then be optional. He feels that extension of the deadline may be something that happens due to the large amount of communities that have not done a plan. There are nine elements that need to be addressed as a minimum which have specific elements that need to be spelled out. He suggested utilizing what the county has already done in making a plan. A question was raised as to the difference between a zoning plan and a smart growth plan. Jeff explained that you can use the zoning code with the smart growth plan. He said that the data in the county plan and the municipality plan go back to the 2000 census. The longer this is put off, the more likely additional data will need to be collected. The plan requires communities to look out 20 years. The county offers assistance in preparing a plan also. Jeff had put together a previous proposal with the understanding that the town’s goals were to adopt a plan that contains the minimal requirements, utilizing the county resources and start and complete the process in a short amount of time so that the funding could be stretched over two years. Pat asked about limited number of hands on public information sources. The smart growth initiative was intended to direct municipalities to look to their future and plan for development. With grant funds, there are substantially more requirements to be met. Jeff tried to lay out the simplest process and planning. The county is obligated to reflect and acknowledge any plan that is made. Even if we went with the county for our zoning, Jeff felt we would still need a plan. Even if the county would take over the town zoning, the plan commission would still be needed to make recommendations. Marv had a list of the pros and cons of what would happen if the county took over county zoning. He felt that a zoning administrator would be a good plan. He also spoke about zoning violations and how to handle citations. Question was raised as to who hires the zoning administrator. Pat stated that everything the plan commission does is advisory and it is ultimately the town board’s responsibility to hire the administrator. Jeff felt that he could be helpful with developing a comprehensive plan. Nancy Schlender felt that the Village and Town will bump when they develop this plan. Jeff said that one of the elements is intergovernmental cooperation. He suggested meeting with the village to go over what they are looking at regarding comprehensive planning. Pat suggested that the commission review the requirements of a smart growth plan and they will discuss it again next month.

ULWR – Pat indicated that town representatives will be meeting with ULWR on February 12 in Madison to discuss the permit applications for the grease recycling, warehousing, bio-diesel and truck repair businesses. Discussion was held on the zoning issue and whether ULWR will need to apply for an ag business zoning permit pursuant to Sec. 4.9 of the CZO.

Commercial truck repair –Is this similar to farm implement equipment that would be covered under the ag business zoning? Jeff suggested that these parameters should be spelled out in a subsection of the ag zoning.

Warehousing – The requirement of a permit for this would depend on what they are warehousing. Jeff indicated that in the CU section, it states what standards must be set to approve a CUP. The proof of use is the responsibility of the land owner. Jeff advised against getting caught up in descriptions.

Bio Diesel – This has state requirements that have to be dealt with.

Mike felt that if some of these businesses are non-detrimental to the environment, they should be granted such as the warehousing and truck repair business. He felt that others required further information like the “grease business.” Mike wants to know what the problems entail with these businesses. He felt that we are getting nowhere fast. Pat felt that we needed to be able to answer the rezoning guidelines. We need to find answers in our zoning code. Marv felt that the burden of proof is on the landowner to supply the appropriate information for the commission. Discussion held on the need to follow the zoning ordinances for everyone equally. Pat indicated that he would like any questions people would like addressed in this meeting by February 10. Pat indicated that it needs to be determined if the businesses are a valid CU within the ag zoning.

Zoning Administrator – Jerry Foellmi again went over information regarding what their company could offer as far as a zoning administrator. He indicated he would answer questions the Commission may have. He advised that their company currently does the building inspections for the town and the engineering with ULWR. He said that a building inspector can morph into the zoning administrator. He stated that their company reviews, modifies and updates ordinances on a regular basis. It is pretty much one stop shopping. With regard to General Engineering’s fees, Jerry indicated that the town and General Engineering can come up with working fees. Caroline asked about follow up inspections and who does those as she felt that follow-up inspections were not being taken care of. Jerry indicated that he would have to check further into that and asked her to call him so they can go over which ones haven’t been inspected. She indicated that she looked at 2 reports and found 5 errors between the two reports. Jerry pointed out that it is the owner’s obligation to contact General Engineering regarding inspections. Discussion on a municipality’s mark up of fees. The Commission decided to withhold doing anything regarding the zoning administrator until the March meeting. Jerry indicated that he will respond back to Caroline’s question and give a copy to Pat also. Mary Kreuziger asked if every inspection fee was the same or if they were different. Jerry indicated that it was based on the type and size of the inspection. Question was also raised as to how long the permit was good for.

Charlie Zimmerman asked a question regarding the extension of the trailers at the December 17 meeting. He felt that there was an inconsistency in this voting. One person was not living in the trailer and denied an extension , whereas the other had received several extensions and received yet another one. The plan commission members stated that one person was out of his trailer and the other guy was living in the trailer. They felt that they went according to the ordinance. Charlie felt that there was discrimination shown by the members. Charlie pointed out that there would have been difficulty for the individual already out of his trailer to move the trailer at this time such as possibly wrecking his lawn and his septic system, to which Caroline Bailey agreed, so the commission was questioned as to why his extension was not granted. Marv and Norm indicated that they felt they were following the zoning ordinance. Tim stated that he did not vote on the issues because he was one of the individuals involved. Discussion on what the board voted on.

The next meeting date will be March 3, 2008 at 7:30.

Motion by Norm/Tim to adjourn. Meeting adjourned at 9:47.

Respectfully submitted,

Kris Kohlhoff


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Town of Clyman
Plan Commission Meeting
January 7, 2008
7:30 PM
The meeting was called to order by Chairman Morrison at 7:35 PM. with all members present. 7 Audience members present.

Pledge of Allegiance was said.

Minutes from previous meeting had been sent out. A correction was noted on the last page which stated that Al Haberlin wants to buy the acreage. Caroline questioned about Tim Huber still having 90 days left on his extension. Chairman Morrison pointed out that he agreed with everything pertaining to the Tim Huber extension except the time frame, it was not the forfeiture he disagreed with. Motion by Mike/Norm to approve minutes as corrected. Motion carried.

ULWR – Pat gave an update. He provided the commission with a copy of an email that he received from Atty. Roder regarding rescheduling the meeting between the Town and ULWR. He pointed out that they would like to go over the issues and deal with them in an agreeable way. Tentatively there 4 meeting dates that are available. Pat felt that the Commission should come up with a position and he will communicate that to ULWR. He wanted the Commission to have their ideas ready for the next meeting which is 2/4/08 so that Pat will have these prior to the meeting. Discussion held on grandfathering of the businesses.

Smart Growth – Pat felt that local land owners and developers should be involved. If the Town wants to keep their zoning, they will have to develop a Smart Growth plan. Discussion as to what the plan would entail. Suggestion to contact Jeff Retzlaff and have him come to a meeting. The requirements of a smart growth plan were gone over. Pat would like the members to give their ideas as to the elements of a proposed plan.

Zoning Administrator: Pat indicated that he has pieced together a description for the job. He read his draft to the commission and audience. He indicated that one of the purposes of the zoning administrator would be to take care of complaints received. He indicated that this could be split up into two sections. There would be the record keeping and the viewing of the applications and property. Pat felt that the individual should not be able to take on the constable duties – that these should be the responsibility of the Town Board or Plan Commission. It was felt that the Zoning Administrator would take the heat off the Plan Commission and take away some of the leg work. Discussion on whether the individual should be called a zoning administrator. This will be tabled until next month so that the qualifications can be further discussed.

Public Comments – Question was raised as to the Doherty and Stanton spreading permits. These will be discussed at the meeting with ULWR.

Next meeting date – February 4, 2008 or 5, depending on when Jeff Retzlaff can make it.

Motion by Mike/Norm to adjourn. Motion carried, meeting adjourned at 8:27 PM.

Respectfully submitted:

Kris Kohlhoff
Town Clerk

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