Draft until approved by Board

 

TOWN OF RUTLAND BOARD MEETING

February 6, 2007 –6:30 p.m.

 

Chairman Beske called the meeting to order.  Other Board members present were Supervisors Sperle, Shapiro Hurley, and Lunde.  In addition to the Board, Clerk and Treasurer, there were approximately 20 additional residents present.  A sign in sheet is on file.

 

1.      Appearance by Dane Co. Sheriff Dept. representatives Deputy Cindi Holmes and Deputy Eric Stacey.  The monthly report of calls for service was received.  Deputy Holmes passed on the phone number of the Marine and Trail Enforcement department (Sgt. Dave Ritter – 284-6878) for snowmobile trail issues.

2.      Constable Report.  Constable Reilly had no calls to report for January.

3.      Presentation of the Mabie Neighborhood Plan by Jon Hoffman, Schreiber Anderson Associates. Hoffman advised those in attendance that the Mabie property is approximately 150 acres west of Hwy 51.  Schreiber Anderson Associates are representing Emerald Ridge Developers who have an option to purchase this property and have hired Schreiber Anderson Associates and Clark Dietz to develop a Neighborhood Plan for the property.  The existing boundary agreement prohibits annexation by the City of Stoughton of the property located in the Town of Rutland.  The current boundary agreement is in effect until August 2007. The developer is asking Schreiber Anderson to prepare the plan for use after the expiration of the boundary agreement.

      The Board noted that:

• DOT minimized access points on Hwy 138 several years ago which would affect ingress/egress to the site. 
• Maintenance and road reconstruction is an issue for the town and would be included in any boundary agreement.
• It was noted that the Town and the City of Stoughton have requested a stop light at Roby Rd., Deer Point Rd. and Hwy 51 but no date of installation has been set by DOT.  The Town had offered to pay a portion of the costs in order to get the light installed if the money spent could be reimbursed by DOT.  DOT said that was not possible.  If the Mabie property were annexed, the Town would not be willing to pay any of the cost.
• The town is negotiating an extension to the boundary agreement.
• Annexation will have an impact on the NE part of Rutland and push the extraterritorial boundary line out.  The City does not have to approve any rezoning that does not meet their plan.

Residents comments/questions:

• Some owners of rural residential parcels between Hwy 51 and the Mabie property are not interested in hooking up to utilities.
• Can the town stop annexation? (No)
• The pond on the Mabie property is used by Canada geese and other migratory wildlife.
• Is Hwy 138 expanding to 4 lanes?  (Long term plans includes widening, but no money is available soon.
• Will 2 access points to the Mabie parcel be enough?
• Will parcels south of Hwy 138 be annexed? (No)
• Can parcels be annexed against the wishes of the landowner? (Hoffman advised that Wisconsin law does allow that, but SAA’s client doesn’t intend to.)
• The shape of the future annexation petition would be similar to a balloon as there will need to be a parcel of land connecting the Mabie parcel to the City.
• The Town is pushing for a new boundary agreement with the City.  What could residents do to push for and encourage an agreement? (Letters to the editor would be helpful.)
• Possible Hwy 51 bypass not known but would have an impact on the development.

SAA will continue to hold meetings with other stakeholders including WDOT.  There could be public meetings regarding alternatives in April or May.

4.      Update on Rutland Cemetery Church restoration project.  Chairman Beske reported that the committee has submitted an application for a grant from Dane Co. Cultural Affairs to be used to restore the windows and other restoration.

5.      Consideration and necessary action on Racetrack CUP changes document and proposed changes for season schedule.  The proposed schedule was reviewed.  Sperle moved, Shapiro Hurley seconded, to give tentative approval of the schedule as presented; motion carried.  The final approval of the schedule will be a part of the license approval.  The license application will be on the March agenda.  Camping on specific occasions for up to 30 drivers and their families will be allowed by specific language added to the license.  The campers must leave by 11 a.m. the following morning.

      Shapiro Hurley moved, Lunde seconded, to approve the deed restriction document with a change to

      clarify that up to 28 events will take place before the final week with up to four events allowed the

      final weekend of the season; motion carried.

6.      Discussion of Results of Landfill Monitoring and possible action.   The results of the routine groundwater testing at the closed landfill site have detected the presence of benzene and vinyl chloride above the standards allowed by the DNR in two of the three wells (wells 1 and 3).  Retesting of the wells has confirmed the presence of the chemicals.  The Board felt that the next step that the Town should take would be to test the wells of four of the nearest neighbors to see if those wells are also affected.  Sperle moved, Shapiro Hurley seconded, to authorize the chairman to sign a contract with BT² to perform the testing of the neighboring wells, not to exceed $1000; motion carried.  A letter will be sent to the residents to set up a schedule for these tests as soon as possible.

7.      Consideration and necessary action of Dean Schulz farm plan.  Lunde moved, Sperle seconded, to approve the Schulz Farm Plan as presented; motion carried.  This plan was approved as the new home would replace the existing farm home which has been demolished and will not affect the farmland portion of the property which will continue to be farmed.

8.      Report from Planning Commission and any action necessary.

1)  a) Petition 9372 by AJ Arnett to rezone 40.4 acres located at 3716 CTH A (Section 15) from A-1      Ex. to RH-2, RH-3 and A-2 to separate the residence and the farm buildings from the farm and

     create a residential parcel for sale with the remaining 25 acres rezoned to A-2 for farmland as amended and adopted by Dane Co.  The county amendments to the petition include (1) deed

     restriction on the RH-3 lot limiting the existing sheds to agricultural use, and (2) deed restriction on the A-2 property prohibiting residential development.  This petition exhausts all splits for the

     property.  The county approval also is conditioned upon the existing duplex being converted into a single-family residence within 90 days of approval of the rezone by Dane Co. and evidence that

     this condition has been met by the applicant obtaining a change of use permit.  The commission recommended approval of Petition 9372 as amended and adopted by Dane County.  Shapiro

     Hurley moved, Sperle seconded, to accept the Planning Commission recommendation to approve Petition 9372 as amended and adopted by Dane County; motion carried.

     An easement providing farm machinery access to the A-2 parcel will be developed and recorded by Arnett and a future owner.  Access to the A-2 parcel will be from the driveway created for the

     easternmost lot.

     b) The Commission received the completed Side agreement (Restrictive Covenant) between the Town of Rutland and AJ Arnett prohibiting conditional use permits on the A-2 rezoned property

     without written Town Board approval.  Shapiro Hurley moved to accept the side agreement and to direct the clerk to record the agreement; seconded by Lunde; motion carried.

     c)  Final CSM for the property at 3716 CTH A.  The commission recommended approval of the CSM, contingent upon the clarification of the ROW on the CSM.  Shapiro Hurley moved, Sperle

     seconded, to approve the revised CSM (Map #3514, revised 2/6/07 to show the dedication to the public of the right-of-way); motion carried.

2)  Referrals from previous meetings and site viewings as necessary. None.

3)  Appearances for preliminary inquiries and information.

     a)  Felipe and Monita Manalo have inquired regarding possible retention of the old house on parcel at 4065 County Hwy A.  They are required to demolish the house within 90 days of

     construction completion as part of rezoning petition 9363.  They now would like to retain the building for storage of medical equipment, but a residential accessory building is not allowed on

     A-1 Ex. without a home located on it.  The new home is located on the postage stamp portion of the parcel.  If the A-1 Ex. zoned land is rezoned to A-2, the standard side agreement would be

     necessary.  The town has received notice that Dane Co. is requiring that the house be demolished by April 1, 2007.

4)  Dane Co. Ordinance Amendment 9, 2006-2007 providing for Bio-Diesel and ethanol manufacturing facilities and manure processing facilities in the Agricultural Business zoning

     district as amended and adopted by Dane County.  The Commission recommended approval to the town board of OA 9.  Shapiro Hurley moved to accept the Planning Commission recommendation

     to approve OA 9 as amended and adopted by Dane County; seconded by Lunde; motion carried.

5)  Larry Nelson appeared inquiring if he could build a home on purchased property on CTH A that contains grandfathered mobile homes.  His inquiry will be placed on the March agenda.

 

9.      Consent Agenda:

a)      Minutes.

b)      Treasurer’s Report.

c)      Vouchers and Checks.

Shapiro Hurley moved to approve the items of the consent agenda; seconded by Sperle; motion carried.

10.  Correspondence.

a)  Growing Wisconsin workshops.  Chairman Beske will attend this meeting in Oconomowoc.

b)  The clerk was directed to get a bid from Tru-Green for weed control in Graves Cemetery.

c)  The Stoughton VITA site for completion of income tax returns for seniors, low income and disabled persons was noted.

11.  Old Business.  None.

12.  Discussion and possible action regarding Senior Citizen services.  The Board received a revised spreadsheet for review and future action as necessary.

13.  Discussion and possible action on cemetery mowing matter.  No action at this time.

14.  Discussion regarding possible purchase of land for town property expansion.  The clerk was directed to have James Schulz proceed with compiling an appraisal of the property.

15.  Discussion and necessary action on DOT correlation of the Hwy 14/Hwy 138 project and Hwy 51/Hwy 138 study because of a potential conflict.

16.  Discussion and possible action on submission of comprehensive plan for County approval.  Shapiro Hurley moved, Lunde seconded, to approve the Vierbicher proposal for completion of the documentation necessary to finalize the plan for the grant received from the State; motion carried.

17.  Discuss 2007 Roads and bridges plans.  Road plans for 2007 include the reconstruction of the first mile of Old Stone Rd. east of Old Stage Rd.  Beske advised that we will piggyback with the county for the bidding process for those portions of the project not completed by the town patrolmen (pulverizing and paving).  We will need to check on gravel prices for the project.  In addition to the reconstruction noted above, the problems needing attention on the bridges will be attended to.

18.  Discuss possible amendment to Oregon F/EMS contract.  Sperle moved, Shapiro Hurley seconded, to approve the proposed amendment to require a super majority in the affirmative for passage of the OAFED Annual Budget and Extra-Budget items; motion carried.

19.  Status of Oregon F/EMS territory change request.  No response has been received from the Village of Oregon on our request.

20.  Discussion and possible action regarding collection center attendant substitutes.  A list will be established identifying individuals interested in substituting for either of the attendants.

21.  Discussion and possible action regarding unemployment liability claim.  Because the Town is a reimbursement employer and because of the liability period used by the State, the Town is liable for a portion of the unemployment pay being collected by a former employee.

22.  Discussion regarding Flood Plain mapping status.  Dane Co. Planning and Development now has the 2007 preliminary floodplain maps online.  The 90-day comment period starts on February 9^th.  This information will be placed on the website.  The four quadrants for the Town are 615 of 845 – NW part, 620 of 845 – NE part, 780 of 845 – SW part and 785 of 845 – SE part.

23.  Consider possible content to an extension or revision of the Stoughton Boundary Agreement. Points to be considered:

·        Impact on roads

·        Rutland Dunn Townline Rd. – town pay no share of costs to any improvements unless allowed to extend Oak Opening Rd. north to Rutland Dunn Townline Rd.

·        Need for better intersections for Oak Opening, Deer Point and Rutland Dunn Townline Rds.

·        Modification of policy “no splits in ETZ”.

·        Annexation can create islands if the use is for utilities.

·        Notation of the speed of annexation.

       Chairman Beske will write a letter to Stoughton regarding this information.

24.  Sperle moved, Shapiro Hurley seconded motion to adjourn the February 2007 Board meeting; motion

       carried.

 

Respectfully Submitted,

Dawn George, Clerk