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Commission tables Rock Sports berm / after-the-fact fill item pending sound study; staff advised enforcement options
Summary
After public comment and staff analysis, the Plan Commission tabled an after-the-fact fill/berm remediation item for the Rock Sports complex pending receipt of an acoustic study and a detailed remediation plan.
The Plan Commission on Oct. 9 voted to table an after-the-fact request concerning excess spoil and grading between the Rock Sports complex parking area and the Wilnel View subdivision pending a promised sound study and additional details.
Background: During construction work related to the Rock Sports complex a stockpile of material was placed and later spread across roughly three acres, raising the base elevation of a noise/visual screening berm. The change was documented to staff and the commission previously; the landscaping was later cut back and neighbors said view and noise screening were degraded. The situation prompted staff direction in 2023 for the applicant to submit detailed remediation plans (including restoring or heightening the berm) but the plans were not yet complete.
Staff options and constraints: Staff outlined three practical choices — (1) raise the berm to restore function (constrained by buried methane-gas mitigation infrastructure and utility lines), (2) remove the placed material and restore the original profile (resource-intensive and costly), or (3) allow the current condition to remain but require specific mitigation and maintenance. Staff recommended tabling and completing the promised acoustic/sound study and additional restoration details before taking enforcement or approval action. Several speakers in public comment alleged the berm work exceeded DNR permit limits and violated city requirements.
Commission action: The commission voted at the meeting to table the matter at the call of the chair until the sound study and supplemental documentation are available for review. Commissioners said staff and the applicant should return with a concrete, costed remediation plan and a detailed timetable for correcting any noncompliant work.
Quote
"This work also violates the Wisconsin DNR permit… What actually occurred was approximately raising 3 acres of land by more than 4 feet, totaling an estimated 20,000 cubic yards of waste, dramatically exceeding the permitted amount," said Dana Gint, a neighbor who addressed the commission.
Next steps: Staff will expect the applicant to deliver the acoustic study and a revised berm/restoration design; the item will return to the commission at the chair’s call. Staff also indicated that, absent acceptable remediation, enforcement actions remain an available option.
