BOARD MEETING

July 3, 2007 –6:30 p.m.

 

Chairman Beske called the meeting to order at 6:30 p.m.  Board members present:  Beske, Sperle, Shapiro Hurley, Lunde, Clerk George and Treasurer Sime, Constable Reilly.  Absent: none.

 

1.       Appearance by Dane Co. Sheriff Dept. representative.  The representative present from the Sheriff’s department advised that there were few problems with the large race held at the racetrack on June 26^th.  He is working with the constable regarding a number of computers found discarded on Center Rd.  Security at the collection center was discussed as there have been problems with people depositing stuff after hours.

2.       Constable Report.  The Constable had no reports for June.  He will report on the computer matter next month.  He will check on the vehicle matter on Flint Rd.

3.       Report from Planning Commission and any action necessary.

• Petition 9737 by Bullsi LLC to rezone 16 acres located east of 3572 Old Stone Rd. from A-1 Ex. to A-2, and a 2-acre postage stamp rezone from A-1 Ex. to RH-1 to create a building site from a 40 acre parcel.  Petition 9737 was unanimously approved on motion and second by Sperle and Shapiro Hurley as follows:  1) rezone 16 acres west of the Badfish Creek (18 acre on town maps) from A-1 Ex. to A-2 with a deed restriction prohibiting  any residential development and the standard side agreement prohibiting conditional uses without written town board approval; 2) 2-acre postage stamp rezone from A-1 Ex. to RH-1 with a deed restriction prohibiting further residential development; 3) deed restriction on 48 acre A-1 Ex. parcel (immediately west of Hildreth Rd.) prohibiting any residential development.  The deed restrictions on all the land are necessary as the postage stamp creates the final building site allowed on this property.

The driveway for the postage stamp rezoned area (homesite) will come straight out from the postage stamp homesite and be located 205 yards east of the bridge.  This will be between two telephone poles with the driveway being located closer to the east pole.  There must be a 75’ long bump-out area 500’ from the road to allow access by emergency vehicles.  The width of the bump out area should be 10’ wider than the rest of the driveway.

• Dean Schulz  Final CSM.  Shapiro Hurley moved, Lunde seconded, to approve the Final CSM for Dean Schulz (dated June 26, 2007, office map 15706); motion carried.

     Referrals from previous meetings and site viewings as necessary.

·         Revisit Petition 8843 by AJ Arnett to rezone R-1 lot (.79 acres) at 508 Meanderwood (Sec. 27) (south of Old Stone Rd. and north of Ol’ Stone Estates) to RH-1 and add 1.27 acres zoned A-1 Ex. to make the lot 2 acres total.  The remaining 14.77 acres would be rezoned from A-1 Ex. to RH-3; this proposal would possibly include a purchased transfer of a split from the west side of Game Ridge Trail to the east side.  No action taken because the parties involved were not able to attend; tabled until August meeting.

·         Site visit regarding driveway location on Kathy Anacker Hansen lot on corner of Old Stone Rd and Center Rd.  The Commission identified two spots; one site would be located in the northeast corner of the lot on Center Rd. as far back from the stop sign as possible; the other driveway location was essentially half way up the hill on Old Stone Rd.  There is a home at 3991 Old Stone Rd. that has two driveways.  The location approved on the Hansen lot would be directly across from the 2^nd driveway (easternmost driveway).   Although the driveway location on Center Road is favored by the Board, the site selected on Stone Rd. does meet the requirements for adequate visibility.  The potential buyers favor Old Stone Rd as they would like to site their home at the top of the hill (west end of the lot) and having a driveway on Center Rd. (east end of the lot) would make a very long driveway.  The town has been asked and agreed to hold off the issuance of a driveway permit until such time that the sale of the property has been completed.

     Appearances for preliminary inquiries and information.

·         Appearance by Todd Wolf regarding a change in zoning to A-2(1) for land at 4578 W Rutland Rd.  Wolf acquired two parcels of land (totaling 1.1 aces)  from the state that were remnants after a CSM.  In order to get a zoning permit to put an ag building on the land, the land must be rezoned from A-1 Ex. and a CSM recorded (per Norb Scribner letter to Wolf dated August 2002).  Wolf was advised that the rezoning change will also require a deed restriction on the land prohibiting any residential development as there are no homesites available for this remnant of land that was part of land owned by King and Snyder in 1978 and the splits and homesites allowed have been exhausted.  Because of the proposed A-2 zoning, the standard side agreement prohibiting conditional uses without written town board approval will be required.  Wolf will make the required application at the county.

·         Update on county approval process for the Comprehensive Plan.  The staff report has been received from the county. The staff is questioning the following: the plan’s growth projection appears faster than DOA’s growth projection; the staff also has a question as to whether the town needs as many acres as shown in the medium density housing (residential) classification; (town was unsure whether property owners may purchase development rights and wish to do something denser than the one per 35 such as a receiving area for development rights).  The end result of the public hearing was that the county wanted to have the zoning committee, the Environment Agriculture and Natural Resources committee and the Town meet to discuss the questions.  A possible date was the ZLR July 10^th work session.

 

4.       Racetrack update on current operations; action as necessary.

• The fireworks on June 22^nd got rained out.  The sponsor would still like to do the fireworks and is looking at July 27^th or August 10^th.  Sperle moved, Shapiro Hurley 2^nd, to approve the signing of a new permit contingent upon the insurance being in effect for those dates; motion carried.
• Culvert for driveway onto Handeland property; the written minutes do not reflect that permission was given for a driveway onto the Handeland property.  No action was taken on the matter.
• Parking on Handeland property; discussion noted that racetrack parking is not a permitted use of A-1 Ex. zoned property and Beske felt that this use is an expansion of the racetrack operations which is contrary to the deed restrictions. Beske had checked with the county and while this is not a permitted use, the county advised that they probably would take no action if it was only happening once or twice a year.  Lunde felt that the driveway was a perfect farm driveway for access to a farm field and felt that using it once a year for parking was not a problem.  Sperle felt that there were two issues: 1) the installation of the driveway without board approval, and 2) the parking which appears to be a violation of the deed restrictions/conditional use permit;  Sperle felt that maybe the deed restrictions need to be changed or the town could let the matter be.  Grueneberg noted that they use the field for overflow parking in order to keep the town roads open for emergency vehicles.  No action, other than discussion, was taken; the matter was tabled until the August meeting.

5.       Operator’s License application for Ken Peterson.  Sperle moved, Shapiro Hurley seconded, to approve an Operator’s License for Ken Peterson for the year; motion carried 3-1 with Beske voting against the motion.

6.       Update of Linnerud and Mabie Annexations to Stoughton; review correspondence received regarding traffic study review.  Les and Jeanette Mabie were in attendance regarding this matter.  Beske reported on meetings on these subjects.  His report included the information that part of the proposal for the Linnerud property would be to beef up the roads including multiple lanes and traffic signals at the intersection of Hwy 51 and Rutland Dunn Townline Rd.  The Town has advised the City multiple times that the town does not have the money to expend on the roads to benefit Wal-Mart.  Shapiro Hurley noted that DOT has indicated that they are not planning on doing work in that area of Hwy 51 until 2022.  Beske advised that although DOT has agreed that a traffic light at Hwy 51 and Roby Rd/Deer Point Rd. is indicated, there is not money to install it in the near future. He noted that in order for the City to access the Mabie property if it were annexed, there would need to be a road south of or through Kaysers for access to Hwy 51.  If access was used via a hook up with Oak Opening, the Town would need an agreement with the City about who maintains and plows it.  DOT needs to make a decision regarding Hwy 51. 

7.       Report from Church Committee regarding fund raisers and necessary action to receive donation from Thrivent. The mason has completed the foundation of the church. The fund raisers for the church have netted $2155.05.  Sperle moved, Shapiro Hurley seconded, to find out and send the minimum amount of money that needs to be sent to Thrivent in order to receive the matching funds from Thrivent; motion carried.  The other issue is cleaning up and filling in around the foundation of the church.  The patrolmen will take a truck over to the church.

8.       Report on status of the construction of a small building at Graves Cemetery for tool storage in memory of Jackie Harrington.  The cement floor has been poured and the zoning permit has been obtained.

9.       Consent Agenda:

• Minutes for 5/30/07 and 6/18/2007.
• Treasurer’s Report.  Motion made by Sperle, seconded by Shapiro Hurley, to include language that checks are void after 90 days when checks are reordered; motion carried.
• Vouchers and Checks.

Shapiro Hurley moved to approve the items on the consent agenda; seconded by Lunde; motion carried.

10.   Correspondence.

·         Letters received from Eugene Anthony and Carol Anthony regarding Rutland Cemetery lots and maintenance.  The board will view the Rutland Cemetery and the matter will be addressed at the August meeting.

·         Stoughton Fire reports were reviewed.  The clerk was directed to send a fire charge bill for a property owner who had a controlled burn without a permit that resulted in a fire call.  The clerk was further directed to check other fire reports to see if they qualify for payment for an incident occurring on a  state or county highway; motion and second by Shapiro Hurley and Sperle.

·         Act 5: fundraising bicycle ride route Aug. 4^th traveling on Danks Rd., Old Stage and N. Union Rd.  A letter will be sent advising that they are welcome to post directional signs as long as they don’t interfere with the regular traffic signs, advising them that we have had trouble with the Danks Rd. and Old Stage Rd. signs being stolen and can’t guarantee that they will be in place at race time, and requesting an insurance certificate naming the town as an additional insured.  Patrolman Wethal will be asked to check to see if the roads (Danks and Old Stage) are marked.

·         MS 150 Best Dam Bike Tour route Aug. 5^th , traveling on CTH A. Starr School Rd. Rutland Dunn Townline Rd., and Lake Kegonsa Rd., or CTH A, Bass Lake Rd. Old Stone Rd., Center, Old Stage Rd., Oak Lane, Biglow, Hwy 14 and Hwy 92.  A letter similar to the Act 5 letter will be sent and, additionally, strongly suggesting posting personnel at Starr School Rd and Hwy 138 intersection and also at the Hwy 14/Hwy 92 intersection.

·         An email was received from Bob Herald regarding ATC road permitting issues and temporary pole and equipment yards.  The Board questioned why the Town of Dunn was not included in the list of municipalities that the information is being gathered from.  Chairman Beske will take a closer look at the request to come up with a response.

·         Received notification from DNR that they are acquiring 7 acres from Jean Hanson for the Streambank Protection Program that will be managed for conservation and public recreation use.

·          Received a Dane Co. Zoning Violation notice for property on CTH A.

·         The constable was advised to turn over the Flint Rd. matter to Dane Co.

11.   DC Dept of Emergency Management Workshop report. Discussion on possible Emergency  Management Plan for the Town.  Lunde reported on the meeting he had attended and felt that this is something the town should develop.  The county is willing to assist the town in this development.  The clerk will make copies of the materials Lunde brought back as well as materials she obtained at a meeting she attended in May on this issue.  A special work meeting was set for the town board on September 17^th for the Board to review the materials to determine questions to ask the county in the development of a town plan.

12.   Consideration of and necessary action on increase of tire disposal fees at collection center.   Following review of information gathered from area municipalities, Sperle moved to raise the fee for auto tires to $3.00 plus $5.00 for a single piece rim, $5.00 for a light truck tire (15”-17”) plus $5.00 for a single piece rim, $10.00 for a tractor tire or truck tire over 17” plus $5.00 for a single piece rim; tires with multi part rims and tractor tires on a rim will not be accepted; seconded by Shapiro Hurley; motion carried.

13.   Discussion of use of Park Funds.  There is about $4700 in a segregated fund from when one of the town subdivisions was developed.  The Town has no parks and has no intention to develop a park.  Shapiro Hurley moved to transfer the park funds to the cemetery account and use for tree maintenance and cemetery maintenance; seconded by Lunde; motion carried.  It was clarified that the cemetery fund is to be used for both cemeteries; motion and seconded by Shapiro Hurley and Sperle; motion carried.

14.   Review of insurance policies and possible changes.  The Board reviewed the renewal policy with the new changes.  Shapiro Hurley moved approve the renewal as presented and to increase the coverage of the Rutland Church to $50,000 because of the money that has been expended on restoration; seconded by Lunde; motion carried.

15.   Update and necessary action on status of Landfill course of action; status report for new monitoring well installation.  The new well has been installed and they will be doing the next round of testing this week.  Beske had compiled a list of issues to be addressed.  There have been more instances of illegal dumping; closer supervision is needed.  Beske talked to Dale Richardson; he has no problem with the town fencing the west side of the collection center.  The perimeter of the capped area needs to be delineated and the cost of fencing determined.  The possibility of moving the burn pile further north to eliminate people driving around the back was discussed and allowing more visibility.   The need to keep the site locked at all times was discussed; it would be necessary to give Waste Management a key or two and possibly change the lock annually.  The location of the gate was discussed.  The possibility of creating a landfill/collection center operation  ordinance prohibiting after-hours dumping and prohibiting the dumping of prohibited substances was discussed.  The “No Trespassing” signs need to be updated as necessary.  The possibility of disposing  of the old recycling trailer was discussed.  Beske will check with Patrolmen Wethal about this.  The Board approved sending a letter to the collection center attendants regarding changes to the operation including creating a log of violations observed. 

16.   Discussion and action on inspection of parcel to be purchased and preparation for closing.  Shapiro Hurley moved, Sperle seconded to approve the closing costs as discussed in the documents and the payment of the $10,000 down payment at the closing; motion carried.  The attorneys are working on the site and date of the closing.  The Board agreed that the buyer’s inspection contingency could be waived.  Sperle moved, Shapiro Hurley seconded, to approve the execution of the WB-41 Notice Relating To Offer To Purchase; motion carried.

17.   Status of EMS Regionalization study.  Initial meeting held on June 18^th.  Work is starting on the study and the initial report is expected late this year or early next year.  Rutland’s share of the cost will be $5000.

18.   F/EMS Territory change.  The village of Oregon has approved the transfer of several sections or portions of sections from Stoughton Fire Service and EMS to the Oregon Fire Service.   We are awaiting confirmation of this in writing.  As designated in a spreadsheet drafted December 4, 2006 there are several parcels which straddle the dividing line between fire districts and will be all in one or the other.  Four properties in this situation are: 1) Robert Meyer-house in section 4 – all property serviced by Oregon; 2) Joe Eugster – most in section 3, suggest leaving all in Stoughton; 3) Iona Timm – 2 adjoining quarter sections with no residence; suggest leaving in Stoughton; 4) Paul Proctor – suggest assigning according to house location (Oregon).  Sperle moved to send the drafted letters to Todd Violante at Dane Co. and the area Fire and EMS Districts as soon as the written confirmation is received from Oregon; seconded by Lunde; motion carried.  A map showing the changes will be posted as soon as the letters are sent out.

19.   Status of Old Stone Rd project.  The paving is done and the shouldering will be done shortly.

20.   Discussion and necessary action on higher Stoughton Fire Station costs per letter from the City of Stoughton.   Originally a cap of 5 million was approved.  The figure is now about 6 million.  The letter is just advisory.  Stoughton advised that we will probably be hearing from Paul Thompson regarding the bonding for the project.  No action was taken on this matter.

21.   Reports of meetings attended by the Board as necessary.  Beske reported on the Oregon Fire District; he further reported that no representative from the town to the Oregon District has been found.

22.   Further action on proposed driveway ordinance.  No action taken.

23.   Adjournment.  Sperle moved, Shapiro Hurley seconded, to adjourn the July 2007 meeting; motion carried.  Next Board Meeting will be August 7, 2007.

 

Respectfully Submitted,

Dawn George, Clerk