Commission Meeting Minutes 2008
JOINT PLAN COMMISSION/TOWN BOARD HEARING
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,
Additional Attendees: Jerry Foellmi, Atty. Ray
The public hearing was called to order at 7:05
PM by Chairman Pat Morrison. The Pledge of Allegiance
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
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
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
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.
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TOWN OF CLYMAN
PLAN COMMISSION PUBLIC HEARING
NOVEMBER 5, 2008
Attendees: Jerry Foellmi, Charlie Zimmerman, Dave
Blank, Ann Fry-Blank, Jean Kreuziger, Ron Zimmer,
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
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.
PLAN COMMISSION MEETING
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
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
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.
TOWN OF CLYMAN
PLAN COMMISSION PUBLIC HEARING
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
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.
PLAN COMMISSION MEETING
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
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.
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TOWN OF CLYMAN
PUBLIC HEARING AND MEETING
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.
Kris Kohlhoff, Clerk
Town of Clyman
Public Hearing Regarding Land Split Request of Eric
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
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.
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
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.
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
Motion by Mike/Gene to adjourn. Motion carried. Meeting
adjourned 8:15 PM.
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|TOWN OF CLYMAN
PLAN COMMISSION MEETING
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
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
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
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
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.
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OF CLYMAN PLAN COMMISSION MEETING
JUNE 2, 2008
Attendees: Dave Blank, Nancy Schlender, Rick Remington,
Attorney Ray Roder, Eric Howlett, Jeff & Jean
Kreuziger, Brad and Caroline Bailey, Duane Schuett,
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
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
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.
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PLAN COMMISSION MEETING
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
PUBLIC HEARING REGARDING LAND SPLIT
FOR ROBERT & MELINDA TRACY
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
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.
PLAN COMMISSION MEETING
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.
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’
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
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
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
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
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. 18.104.22.168 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 22.214.171.124 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
126.96.36.199 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
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
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.
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
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
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.
Top of Page
OF CLYMAN PLAN COMMISSION
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
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
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
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.
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
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
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
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
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.
Top of Page
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
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
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
Motion by Mike/Tim to adjourn. Motion carried. Meeting
adjourned 8:40 PM.
Top of Page
TOWN OF CLYMAN PLAN COMMISSION MEETING
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.
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
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