Town of Rutland BOARD MEETING

RUTLAND BOARD MEETING

January 9, 2006 – 6:30 p.m.

Chairman Dale Beske called the January Board meeting to order.

Roll Call: Present: Beske, Shapiro Hurley, Sperle and Furseth. Absent: None

As the Sheriff’s Dept. representative and Constable were not present, Beske moved to item 3.

Appearance by concerned citizens regarding ATC possible transmission line project. Board action as necessary. Tracy Eagan spoke as representative of a large group of concerned citizens requesting that the Town Board send letters to both ATC and the Public Service Commission advising that the Town Board supports the citizen’s position of being opposed to the transmission lines being built on any of the identified possible routes in the Town of Rutland. Eagan felt that the sites identified as possible in Rutland were all south of the direct line between Rockdale and Middleton and would therefore be more expensive to build and probably result in higher utility bills. Eagan also noted that once an utility corridor was established, the route could be open to other utilities, substations, etc. The group feels that this project contradicts the Town’s Land Use Plan, could have unknown health impacts, would have economic impacts of reducing property values as well as environmental impacts on the unique rural setting in the Town. A number of other citizens in attendance spoke in opposition.

Chairman Beske advised that he had talked to Scott Cullen at the PSC and he felt that individual comments were more important than a group letter. Beske had also checked with the attorney about the merits of adopting an ordinance prohibiting above ground transmission line, but was advised that that would not be a good idea. ATC would probably select the path of least resistance and the land in the south part of the county would most likely be less expensive than around the lakes.

Shapiro Hurley moved to send a letter to ATC and the PSC, attaching a copy of the Town’s Land

Use Plan and making a point to advise both parties that the Town has invested a great deal of time

in the LUP to preserve the rural character of the Town; seconded by Furseth. Further discussion

ensued. The call for the vote resulted in 4-0 in favor of drafting the letter. The letter will be

drafted and reviewed at the February meeting before it is sent out.

Appearance by Dane Co. Sheriff Dept. representative. Deputy Stacey arrived during the ATC presentation. He presented the calls for service report. A number of questions were received from those in attendance relating to traffic control. Deputy Stacey advised that there is an opportunity for concerned citizens to make a request for traffic control on the traffic team link that is part of the Dane Co. Sheriff’s web site.

Constable Report. A summary of the year was received from Constable Reilly who was not able to attend the meeting.

4. Madison International Speedway regarding 2006 schedule and possible changes to Conditional

Use Permit and Deed Restrictions. Dave Grueneberg and the track attorney, Todd Cabelka were

present. The proposed schedule, including some additional events, was received and reviewed.

The Planning Commission will be working on the requested additional events that would require a

change to the Deed Restrictions and CUP. The events requested include concerts, beer tasting,

camping for race participants and family in the event of rain outs, and longer practices. A practice

on May 24^th was eliminated from the schedule and the starting time on August 18^th was moved

from noon to 4:30 p.m. to eliminate events over the maximum of three per week. Sperle moved to

approve the submitted race schedule (not including any other types of events) with the two

modifications on May 24^th and August 18^th; motion carried. The schedule also included two

Tournaments of Destruction which were deemed to meet the definition of a race. The

modifications to the Deed Restrictions will be addressed again next month by the Commission.

5. Report from Planning Commission and any action necessary.

1) Eugster CSM correction document to include easement. Shapiro Hurley moved to approve the correction CSM (Office Map 050132CSMA) to allow a 66’ easement off of STH 138 at the west end of the Eugster property to allow Swalheim access to his fields; 2^nd by Sperle; motion carried. The easement was omitted on the CSM approved by the Town on December 1, 2005 (Office Map 050132CSM.)

2) Petition 9409/CUP 1995 by Ellen Browning to rezone 34.3 acres located at 3752 State Road

138 (Section 03) from A-1 Ex. to A-2 to provide for Limited Family Business for organic

product sales. The PC recommended approval of Pet. 9409, contingent on a side agreement

that will limit the CUP to less than 25% of the existing house and not applied to the whole

property. Shapiro Hurley moved, Sperle 2^nd, to approve Petition 9409/CUP 1995 as amended to

require a side agreement with the Town (Restrictive Covenants) prohibiting further Conditional

Use Permits on the property without written Town Board approval and to amend the requested

CUP by limiting the area permitted for Limited Family Business (retail sales) to less than 25%

of the living area of the existing house; motion carried. Ms. Browning agreed to the limited area

at the Commission meeting.

3) Todd Aaberg Final CSM. Approve CSM #050907 as presented. Furseth moved, Shapiro

Hurley 2^nd, to approve the Final Aaberg CSM as noted above; motion carried.

4) Madison International Speedway regarding 2006 schedule and possible changes to Conditional

Use Permit and Deed Restrictions. Beske stated that the racing schedule is the responsibility of

the Town Board and any new types of events that would require modification of the CUP/deed

restrictions would follow the usual approval procedure by the commission. The following

items out side the current CUP that need to be addressed at a later plan commission meeting

are the number and length of practices, camping, beer fest, Demo derby, live concerts, flea

markets and fire works.

5) Referrals from previous meetings and site viewings as necessary.

a) Stoughton Farms eligible building sites. No action by the Commission or Board.

b) Petition 9382 by A.J. Arnett for property located at 3716 CTH A; action as necessary if requested information is received. No action by the Commission or Board.

c) Appearance by Russ Kaney regarding property owned in township and future development options. No action by the Commission or Board.

6. Regular Agenda Matters:

a) The Minutes of the December meeting were approved on motion and 2^nd by Shapiro Hurley and Furseth; motion carried.

b) Treasurer’s Report. Sperle moved, Furseth 2^nd, to approve the Treasurer’s report as corrected; motion carried.

c) Vouchers and Checks for the month were approved and executed.

d) Correspondence.

(i) Illegal tax cancellation. Shapiro Hurley moved, Furseth 2^nd, to investigate the necessary procedure and to cancel the illegal taxes ($19.77) on parcel 0510-321-9331-0 owned by USA Fish & Wildlife Service; motion carried. This property should be exempt.

(ii) A letter was received from a taxpayer regarding her assessment. Chairman Beske will draft a response advising that questions regarding assessments should be brought to the Open Book and Board of Review. The Board did not wish to pursue setting up a low interest rate tax deferral program for taxpayers on fixed income.

(iii) Documents were received from the Town of Union Smart Growth public meeting that was attended by Furseth and Sperle.

7. Discussion and necessary action on Pickup Truck Purchase. Action deferred until the February

meeting as the contracts with Dane Co. will not be available until later this month.

8. Discussion and necessary action on purchase of shop tools. Action deferred until the February

meeting as the bid information will not be available until later this month.

9. Discussion and necessary action on Hwy 14 survey. Almost 300 surveys were mailed out and a

number of them have been returned. As the deadline for returning the surveys was set for January

15, 2006, the results will be compiled and discussed at the February meeting. Discussion with

DOT will probably be scheduled for March.

10. Update on US Hwy 51 study team. Beske reported that the study team has concluded that there is

no good way to fix Hwy 51 and will look at other options including possibly making STH 138

four lanes between Oregon and Stoughton. A resident inquired as to whether the study team

meetings are public. Those that are will be posted on the new web site.

11. Adjourn to closed session pursuant to Sec. 19.85(1)(g) to confer with legal counsel for the town

who is rendering oral or written advice regarding the dissolution of the Oregon Fire/EMS District

proposal. The Board will reconvene into open session following the closed session pursuant to

19.85(2) to complete action and agenda as necessary. Sperle moved, Shapiro Hurley 2nd, to

adjourn to closed session pursuant to the exemption stated above; roll call vote was unanimous.

Sperle moved to reconvene into open session, 2^nd by Shapiro Hurley; unanimous roll call vote.

12. Sperle moved, Shapiro Hurley 2^nd motion to adjourn the January 2006 Board meeting; motion carried.

Respectfully Submitted,

Dawn George, Clerk