Feb 16, 26 Town board minutes

TITLE: Town of Berry Town Board Meeting Minutes DATE: February 16, 2026 TIME: 7:47 – 9:12 p.m. PLACE: Town Hall, 9046 State Road 19, Mazomanie, WI 53560 POSTINGS: Town Hall and Town of Berry website I. CALL TO ORDER – ROLL CALL: The meeting was called to order at 7:00 p.m. Board members present: Duane Haag, David Evert, Michael Statz, Nichole Schwoerer and Derek Statz. Also present Clerk, Brenda Kahl, Patrolman, Lucas Danz, GEC Assistant Zoning Administrator, Mitchell Bortz and Attorney, Mark Hazelbaker via zoom. II. CONFIRMATION OF COMPLIANCE WITH OPEN MEETING LAWS The Clerk confirmed that the agenda was posted at the town hall and on the town website. III. APPROVE MINUTES OF JANUARY 20, 2026 Motion M Statz/Schwoerer to approve the minutes of January 20, 2026. Motion carried. Vote 5-0 IV. PUBLIC COMMENTS: You may address the Board on any item not on the agenda. A discussion item may be placed on a future agenda. Public comment may be heard on any agenda item either now, or at the time the agenda item is to be discussed, or at the discretion of the Town Chair at any other time the agenda item is discussed. V. PUBLIC HEARING BY THE TOWN BOARD on the application of Scott & Dawn Evert, 8916 State Highway 19, to rezone 119.74 acres from A-1EX to AG and for a conditional use permit to allow construction of a nonmetallic mining operation to extract sand and gravel Public hearing opened at 7:48 p.m. During the public hearing there were comments and discussions on the following items: *Noticed as a zoning change to AG and then Plan Commission recommending a zoning change to EA instead of AG. Government bodies may amend zoning districts during a meeting. *The proposal is not consistent with the comprehensive plan. The comprehensive plan is a guide. *In what way will the town or the residents financially benefit from this proposal? *Additional traffic and noise. Dangerous driveway access. *Reclaiming the land as a pond which will not benefit the residents. Questioned if there is instead an option to reclaim the land as a field. *The proposal will lower the value of adjacent properties *Pond and weight house is within the floodplain and will this push wetlands onto adjacent properties. *Will a portion of the sales tax stay within the town? VI. CLOSE THE PUBLIC HEARING Public hearing closed at 8:43 p.m. VII. DISCUSSION/ACTION RE: A. (R-2026-2) (CUP-2026-2) Scott & Dawn Evert, 8916 State Highway 19, to rezone 119.74 acres from A-1Ex to AG and for a conditional use permit to allow construction of a nonmetallic mining operation to extract sand and gravel Motion Haag/ to approve Scott & Dawn Evert’s zoning change of 119.74 acres from A-1EX to EA with the consolidation of parcels 0807-092-8500-9 and 0807-092-8000-4 with a certified survey map and approval of the conditional use permit with all conditions and findings to allow construction of a nonmetallic mining operation to extract sand and gravel contingent upon approval of all governmental permits and payment of town permit fees and consultant services required to process this application. Motion failed for lack of a second. Motion Evert/Haag to approve Scott & Dawn Evert’s zoning change of 119.74 acres from A- 1EX to EA with the consolidation of parcels 0807-092-8500-9 and 0807-092-8000-4 with a certified survey map and approval of the conditional use permit with all conditions and findings to allow construction of a nonmetallic mining operation to extract sand and gravel contingent upon approval of all governmental permits and payment of town permit fees and consultant services required to process this application. Motion carried. Vote 3-1. D Statz abstained. In favor: Evert, Haag and Schwoerer. Opposed: M Statz B. (R-2025-14) Juliann Fick, 5596 Enchanted Valley Road, to rezone 5.01 acres from A-1EX to AG and approval of the final certified survey map Motion Evert/M Statz to approve Juliann Fick’s rezone of 5.01 acres from A-1EX to AG and approval of the final certified survey map. Motion carried. Vote 5-0 C. (R-2026-1) (CUP-2026-1) Mark Stegbauer & Jennifer Boyd, 9440 Blackberry Road, to rezone 5.044 acres from A-2(4) to SFR and for a conditional use permit for an art studio Motion M Statz/Evert to approve Mark Stegbauer’s & Jennifer Boyd’s rezone of 5.044 acres from A-2(4) to SFR and a conditional use permit with all conditions and findings for an art studio. Motion carried. Vote 5-0 D. (D-2026-1) Kris & Megan Laufenberg, 9315 Turkey Road, driveway permit application Motion Haag/Evert to approve Kris & Megan Laufenberg’s driveway permit application. Motion carried. Vote 5-0 VIII. PATROLMAN REPORT Working on numbers for road projects; skid steer was delivered; and weight limits will become effective by the end of the week. IX. DISCUSSION/ACTION RE: RESOLUTION 2026-3, DISCONTINUATION OF A PUBLIC WAY – PUBLIC HEARING Motion M Statz/Schwoerer to approve Resolution 2026-3, Discontinuation of a Public Way – Public Hearing. Motion carried. Vote 5-0 X. DISCUSSION ACTION RE: REVISIONS TO THE CROSS PLAINS AREA EMS AGREEMENT Discussion only. The EMS Board is still finalizing the revisions. XI. DISCUSSION/ACTION RE: CONFIRMING OPEN BOOK AND BOARD OF REVIEW DATES Motion Schwoerer/Haag to approve holding Open Book on July 1, 2026 from 2-6pm and July 2, 2026 from 10am-2pm and hold Board of Review on August 6, 2026 from 6-8pm. Motion carried. Vote 5-0 XII. BUDGETARY MATTERS A. Discussion/action re: Payment of bills Motion Haag/Evert to approve the payment of bills. Motion carried. Vote 5-0. Check numbers 4573-4574 & 20048-20097 XIII. COMMITTEE REPORTS/CORRESPONDENCE/COMMUNICATIONS *District 1 EMS: Held a special meeting to approve payment for a generator that stopped working *Cross Plains-Berry Fire District: New truck will be arriving this year; received a list of fire calls XIV. DISCUSSION OF FUTURE AGENDA ITEMS *Road bids XV. ADJOURN Motion Evert/D Statz to adjourn until the next regular meeting or the call of the chair. Motion carried. Vote 5-0 ____________________________ ________________________________ Brenda Kahl, Clerk/Treasurer Duane Haag, Chair