BOARD MEETING

September 5, 2007 –6:30 p.m.

 

Chairman Beske called the meeting to order.  Present in addition to Beske were Supervisors Sperle, Shapiro Hurley, and Lunde.  Also present were Clerk George, Treasurer Sime and Constable Reilly.

1.       Appearance by Dane Co. Sheriff Dept. representative.  Deputy Nelson appeared and presented the monthly stats report.  There were no major problems to report.  Deputy Nelson had some questions regarding the Stoton bicycle race held on August 19^th.  This race had been approved early in 2007 and the revised route was approved at the August board meeting.  Shapiro Hurley advised Deputy Nelson that the race course had been marked with traffic cones and that there were people posted at the intersections as requested by the town.  Dave Grueneberg advised Deputy Nelson that some time between August 29^th and August 31^st, someone had entered the racetrack property and had cut a catalytic converter off of a track-owned pickup truck.  Sperle reported that he had received 2 complaints of excessive speed on the north end of Lake Kegonsa Rd.  Deputy Nelson will see about having additional patrols on the area.

2.       Constable Report.  Constable Reilly reported that he had picked up the radio purchased from the Town of Oregon Constable and it appears to work pretty good.  It was noted that Dane County has issued a violation notice to a property owner on Flint Rd.  Reilly also noted that the cars have been moved back to the properly zoned area  on a property on Hwy 138.

3.       Matt Fleming was introduced as the new legal counsel for Madison International Speedway.  Fleming was advised that the previous attorney was supposed to proceed with the process of getting the revised deed restrictions filed with Dane Co.  These amended deed restrictions were approved by the town earlier in 2007.

4.       Three Gaits request for a picnic license for September gathering at Eugster’s.  Sperle moved, Shapiro Hurley seconded, to approve the granting of a picnic (temporary) beer and wine license for Three Gaits as of September 13, 2007; motion carried.  The Big Barn Bash fund raiser will be held on September 14, 2007.

5.      Report from Planning Commission and any action necessary.

1)      Petition 9737 by Bullsi LLC as amended and adopted by Dane County; side agreement pertaining to the portion rezoned to A-2.  The Commission recommended approval of Petition 9737 as amended and adopted by Dane County.  Sperle moved, Shapiro Hurley seconded, to accept the Planning Commission recommendation to approve petition 9737 as amended and adopted by Dane County and to accept the executed side agreement prohibiting conditional use permits on the A-2 zoned area without written town board approval; motion carried.

2)      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 split Arnett purchased from Wilemans, the current property owner.  Arnett assumed he has a legal split from the Wileman property.  After much discussion, Beske recommended that Arnett withdraw Petition 8843.  Brekken still has 3 additional splits, plus the farm house on his home farm.   Brekken was somewhat indifferent as to whether he or Wileman’s owned the split on the 63 acres in question.  Arnett said he would withdraw Petition 8843, but asked for the name of the town attorney.  The Commission recommended that Brekken’s have control of the split in question.

Beske advised that, at the Planning Commission meeting, the history of the property and how the splits were taken was discussed.  He also noted that Monte Brekken was in attendance at the Commission meeting and Brekken explained that he was intending to sell farmland only.  The Planning Commission minutes from March, April and May 1995 were referenced regarding the three splits taken by Brekken on Old Stone Rd. in 1992 and the splits taken in 1995 on the property in question which is west of Ol’ Stone Estates (Shenendoah Forest).  In 1995, Brekken was considering taking two splits on the property, but at that time Dane County did not allow more than 4 splits by certified survey within a 5 year period by one property owner.  In more recent years, the county has required deed restrictions be recorded when all splits have been used.  At the time, Brekken owned 370 acres and the minutes reflect that the town considered that he had 10 splits available at the time.  Brekken used 5 splits between 1992 and 1995. Arnett asked if the town had any documentation in the minutes that state that Brekken was retaining the split and moving it to his home farm.  Arnett did not feel that there was documentation that Brekken was retaining the split in question.  Arnett referenced several portions of the recently adopted Comprehensive Plan (not in existence in 1995) (2-6 paragraph #5, 2-7 paragraph #13, and 2-7 paragraph #24) regarding how splits are awarded and counted and his interpretation of those paragraphs that if a deed restriction is not placed on the land, splits are lost unless the town allows a transfer of splits.  He felt that the Town had gone against the new Comprehensive Plan in allowing Brekken to retain the split with no deed restriction.  Arnett feels that he is entitled to the remaining split on that property and that Brekken is not.  Beske noted that the Rutland Comprehensive Plan has only recently been adopted by Dane County and that it can not be expected that the Comprehensive Plan be enforced retroactively.  Beske reiterated that in 1995, the town counted aggregate land to determine splits.  There were a few cases where the Town allowed informal transfer of splits.  Beske advised Arnett that because the ownership of land in question has been split multiple times since 1978, the  splits have been       allocated.  Supervisor Lunde pointed out that Wileman’s had never come to the town to verify if

      they had a split coming on the property.

      Robert Arnett, A.J. Arnett’s father, felt that a split was purchased from Wileman’s and that a mistake was made when Brekken sold the property to the

      Wileman’s when he didn’t deed restrict the property.

Shapiro Hurley moved to accept the Planning Commission recommendation that Monte Brekken retains control  of the split and restated that she is basing her motion on the fact that in the 1995 minutes (Planning Commission and Board) there is mention of Brekken’s sale of 68 acres of farmland only, that the minutes go on to talk about other splits that were allocated for every development,  that the minutes talk about the five splits that Brekken retains, and that the minutes prior to that talk about the fact that at the time that Brekken was proposing the split for the house on Hawk Lane, he was also intending on creating an additional 4-acre split for residential development which showed an indication that he intended to retain the split, and that Monte Brekken came before the board and stated that he did not intend to sell a split; seconded by  Sperle; motion carried 4-0.

Beske note that over the past few months, the board wanted both the Wileman’s and the Brekken’ attend a meeting to state their case; the Brekken’s have attended several times but the Wileman’s did not come to any meeting, send a letter or anything.

3)      Tim Berndt & Bill Mansfield regarding possible mini-warehouses.  The City of Stoughton was not interested in any new warehouses; this use is not permitted in Rutland’s Comprehensive Plan; the Planning Commission denied the request.  At the Board meeting, Beske reported that this request would have to be compatible with the City Plan and the City would have to approve this split and the Town would have to modify it’s Comprehensive Plan.  Beske had talked to Mayor Johnson who talked to Rodney Scheel; his thoughts were a) it’s not compatible with the plan, b) it’s probably not a good neighbor for the adjacent mixed use neighborhood that the City is proposing when they get the opportunity to annex that land, and that it generates very little tax revenue.  The City was not in favor of approving the proposal as part of their extra-territorial zoning rights. 

4)      Roger Knapp, 3448 Old Stage Rd., regarding options available for his property.  Knapp has a 37- acre parcel with a deed restriction prohibiting further residential development.  The parcel has a two-acre RH-1 postage stamp zoning.    He has only 66’ feet of (public) road frontage.  Knapp is still challenging the deed restriction saying it was put on when he was in the process of purchasing the property.  At the Board meeting, a copy of the minutes of the December 5, 1994 Planning Commission was read.  The minutes stated that Roger and Janice Knapp were present concerning their purchase of 37 acres from James Hemmersbach and his rezoning Petition 6142.  The minutes note that the Knapps stated that they were unaware of the deed restriction which was part of Petition 6142, but that it was not their intention to subdivide further, and that they would agree to a deed restriction.  The Planning Commission recommended Board approval of Petition 6142 with the deed restriction at that meeting.  Unless Knapp comes up with evidence to the contrary, the recorded deed restriction will stand.

5)      Appearances for preliminary inquiries and information.

6)      Tim Kotlowski, new owner of Barb Breunig property, inquiry regarding split eligibility at 3912 Old Stone Rd.  The 1978 size of the property was 12 acres.  No splits have been taken.  This parcel is grandfathered as A-1 Ex. zoning and this substandard parcel is eligible for one split.  It was recommended that he divide his property (and rezone to A-2 for example), now so his one split is recognized.  Kotlowski wants to build a garage onto the house, but is somewhat undecided as to how he would divide up the property to create two parcels.  Beske will speak to Majid Allen as to the best way to resolve.  Beske reported that Kotlowski does not plan on living on the property but wishes to use it to store his own recreational equipment.  The way the ordinance is written, an ag building can be used for storage of items owned by the resident of the property. The shed is 3200 sq. feet; if the property is divided and rezoned it might cause a problem with the lot coverage requirement. 

7)      Dane County Ordinance Amendment 16 Adopting the County Comprehensive Plan.  The Commission recommended disapproval of OA 16.  Shapiro Hurley moved to accept the Planning Commission recommendation to disapprove OA 16; seconded by Beske; motion carried.  Subsequent to the action, Shapiro Hurley moved to approve signing the Resolution Urging The County To Respect Town Comprehensive Plans as drafted by the Dane County Towns Association; Beske seconded; the motion to approve the resolution was approved unanimously.

8)      Dane County Ordinance Amendment 17 Increasing Definition of Land Division and Lot from 36 Acres to 160 Acres.  The Commission recommended disapproval of OA 17.  Shapiro Hurley moved to accept the Planning Commission recommendation to disapprove OA17; seconded by Lunde;  Shapiro Hurley moved to amend the motion to include approval of signing the Resolution Opposing Increase in County Subdivision Review; seconded by Lunde; amended motion carried.

9)      Update on Comp. Plan status.  Dane Co. has approved the Town’s Comprehensive Plan with an amendment stating that the residential growth areas are intended to be developed beyond the 1 house per 35 acres density only using Transfer of Development Rights or some less formal transfer of splits [Sub 1 to Res. 35, 2007-2008].  This language will be inserted in the Comprehensive Plan when it is next revised, but will be a part of the Comprehensive Plan for Dane Co. and the Town.   Beske noted that in the Comprehensive Plan, it talks about some goals for the period 2005-2010.  This includes updating some ordinances (ei. Driveway ordinance) that need to be worked on in the next couple of years.

 

6.       Consent Agenda:

• Minutes.
• Treasurer’s Report.
• Vouchers and Checks.

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

7.       Correspondence.

• Beske reported on an inquiry received from Carl Anderson on Gallagher Lane as to what the code says about sump pumps.  Beske referred him to the Building Inspector.  No ordinance or policy is in place as far as the Town is involved.  The Town received no flood damage report from Anderson.
• Game Ridge Trail Concerns per R. Eichelberg email: 1) abandoned house at 489 Game Ridge Trail; Beske felt that since past actions have not resolved the problems, maybe it is in violation of a county ordinance.  The matter will be referred to Dane Co.  2)  Request for speed limit sign between Ol Stone Estates and Old Stone Rd.  The Speed Limit Ordinance will be checked to see if the 25 mph speed limit is in effect for all of Game Ridge Trail.  If the entire road is not 25mph, it may be possible to post a 25mph ahead sign or move a sign as far north as possible. [Subsequent to the meeting, it was determined that the speed limit for Game Ridge Trail from Old Stone Rd to Stone Pass is 25mph so the road patrolmen will be asked to post a 25 mph sign as far north as possible.]
• The state has reported that Rutland equalized value for 2006 was $223,805,200.  This includes $4,423,900 (1.977%) in new construction.    If levy limits are made a part of the state budget, the levy that would be allowed would be limited to the higher amount of either new construction or the levy limit percent.  The equalized value for 2007 is $231,641,000 which is an increase of 3.50%.  However, Rutland’s share of the county apportionment drops by 2.74%.

8.       Update and necessary action on status of Landfill course of action.  The board authorized the road patrolmen to get large cement blocks to confine the burning pile to a specific area not allowing residents to drive around the back to unload materials.

The patrolmen will be asked about the list of changes that need to be done at the landfill and whether they can get these done or if we should be getting bids on some of the projects.  The list(6/29/07) includes:  1) install fence on west boundary; 2) fence any other areas that might allow vehicular access; 3) determine perimeter of the capped area (done) and fence it off;  4)rearrange the burn pile so people can longer drive around it; 5) lock the gate 24/7 and provide a key to those who need access; 6) move gate closer to Hwy A so that there is just enough room for one vehicle to get off the road; 7) alert Sheriff to possible illegal after-hours dumping; 8) update no trespassing signs as needed.  As there still seems to be after-hours dumping, the patrolmen will be advised to get new locks if necessary.

The Board will be meeting on September 6^th with representatives from DNR regarding results of the latest well monitoring and the license for the burn pile. 

9.       Consideration and action on RTA resolutions.  Sperle advised that at the executive meeting of the DCTA, the association voted to oppose the resolution in its present form.  After much discussion on the various methods of mass transportation, the funding sources including a sales tax, and the distribution of the revenues, Shapiro Hurley moved to approved sending a message that the Town of Rutland supports the concept of a regional transportation  planning but that the Town can not support the proposal in its present form for a variety of reasons, including but not limited to, funding source, board makeup, priorities for planning and spending; seconded by Sperle; motion carried.  The message will be sent to the Dane Co. Clerk, Rep. Huebsch, Sen. Risser, Governor Doyle and the Federal Transit Administration.

10.   Stoughton Fire Station financing, status of construction, fire reports.  The City is not asking for a decision until February 2008, but Board will need to make a decision as to whether we will borrow individually or have the City borrow the money as part of the budgeting process the board will be working on over the next couple of month.  If the Town borrows the money, it will not fall under any levy limits that may be in effect, but if we have the City borrow it, our share will be based on the population over the years, and may be a smaller portion as the Stoughton Fire Dept. area gains more population in other areas. 

A construction status report on the fire station was received. 

The clerk was directed to submit a bill for a $200 fire charge to Robert Johnson for a fire call on 8/27/07 where no fire permit had been obtained.  The motion and second by Shapiro Hurley and Sperle; motion carried.

11.   TRIP meeting.  Supervisor Lunde will attend this September 12^th meeting on behalf of the town.

12.   ATC letter status.  Chairman Beske distributed a draft of the letter he has written to be sent to ATC.  The board approved the letter. 

13.   Report on storm damage.  The Town received two flood damage reports from residents; those were forwarded to Dane County Emergency Management.

14.   Status of Rutland church and cemetery.  The committee is planning on work days for the last weekend in September and the first weekend in October to scrape the church and to paint the church.  A notice and link regarding this will be posted on our web site.  The committee also asked about bringing a pew to the town hall to ask people to consider sponsoring the cost of refinishing a pew.

15.   Status of Fire Territory changes.  The Town has received written confirmation of the Village of Oregon approval of the transfer request.  Letters and maps have been sent to various fire chiefs, 911, and Dane Co. Planning to ask that the process of making the changes proceed.

16.   Discussion on 5-Year Road Plan.  The Town has received an inquiry as to when Oak Ridge Rd. might be considered for reconstruction.  This road is not currently listed on the possible plan.  Commissioner Bacon and Patrolman Wethal will be doing a re-rating of the town roads this fall and the plan may be revised as a result of the inventory update.

17.   Reports of meetings attended by the Board as necessary.  Several of the Board members attended the Stoughton Community meeting regarding the Stoughton School and their desire to increase their revenues which are based on school populations.  Current projections show a decrease of students over the next few years.

18.   Adjournment of the September 2007 Board meeting on motion and second by Sperle and Shapiro Hurley; motion carried.

 

Respectfully Submitted,

Dawn George, Clerk