TOWN OF RUTLAND BOARD MEETING

August 1, 2006 –6:30 p.m.

Chairman Beske called the meeting to order at 6:30 p.m.  Board members present:  Beske, Shapiro Hurley. Lunde and Sperle.

 

1. Appearance by Dane Co. Sheriff Dept. representative. Deputy Stacey appeared with the report of calls for service for the past two months.  He also reported that there have been some break-ins in the Fahey Hts. area.
2. Constable Report.  Constable Reilly submitted 4 reports.  Constable Markham had reported that she had 3 calls in the last month regarding loose dogs.  These were all owned by the same person.
3. Appearance by Cheryl Veith regarding request for consideration of changes to dog licensing policy and kennel licensing restrictions.  Veith submitted animal control ordinance samples.  The Board will review the samples submitted and also try to see if a sample ordinance is available from the Wis. Towns Assn. addressing limiting the number of dogs allowed in residential subdivisions.  This will be addressed again next month.
4. Appearance by Carleen Kowing regarding request for speed limit change to Rome Corners Road.  Ms. Kowing did not appear.  She had originally requested the appearance to ask the Board to consider changing the speed limit on Rome Corners Rd. to less than the current 45 mph.  She will be advised that it would be difficult to drop the speed limit below 45 mph under the current conditions (less than 6 driveways per thousand feet and no traffic study).
5. Rutland Church Restoration update and action as necessary.  Myron Bacon reported on the status of the church restoration.  The roof has been completed at a higher cost than anticipated due to a number of factors.  Sperle moved, Shapiro Hurley seconded to pay the $11001.40 bill for the roofing; motion carried.
6. Report from Planning Commission and any action necessary.

1)  Petition 9502/CUP 2009 by Ronald and Teri Paltz to rezone 2.48± acres located at 4353 Old Stone Road  (Section 20) from RH-4 to A-2 (2) for the purpose of allowing an area for kennel uses, dog training, limited pet related retail.  The Commission reviewed a number of conditions to be required for approval of the petition and conditional use permit.  The Commission recommended approval of Petition 9502/CUP 2009 with the following conditions to be included in the town action report:

1.  Noise Control for outdoor runs:

·         Solid fence around the runs.

·         Runs on south and west sides of building only.

·         Limited hours for dogs to be outside buildings in runs (8 a.m. to 8 p.m.)

·         Deed restriction requiring enclosure of outdoor runs if noise from outdoor runs becomes a problem.  A dome over the runs was mentioned.

2.  Limited hours of operation for customer drop off and pick up:

·         7 a.m. to 6 p.m. M-F

·         7 a.m. to 12 p.m. on Saturday

·         5 p.m. to 6 p.m. on Sunday

3.  Waste handling:

·         Sealed bags placed in dumpster for solid waste; separate, new septic system for liquid waste.  Pickup of sealed bags to be at least weekly.

4.  Incorporate the building plans as presented to include sealed windows and ventilation through heating and air conditioning systems.  Building size limited to 80’ x 84’ with a 30’ x 40’ office area.  Limited exterior lighting to downward facing lighting on the parking area.  Use existing driveway.

5.  Deed Restriction to prevent any residential development on the A-2 postage stamp.

 

In addition to the conditions listed above, the following conditions would be part of a side agreement (deed restriction) with the town:

1.  No CUPs other than kennel uses, dog training and limited pet retail without written Town Board approval.

2.  Limited to 45 dogs and 10 cats.  After the first full year of occupancy of buildings for such use, possible expansion to 90 dogs and 10 cats, with Town Board approval. 

 

Sperle moved to accept the Planning Commission recommendation to approve Petition 9502/CUP 2009 with the conditions listed above; seconded by Shapiro Hurley; motion carried.

 

 

      2)  John Beetham Final CSM.    As the final CSM will need to be revised to meet points 14, 16, 18

           and 19 contained in Norb Scribners letter, the Board approved the final Beetham CSM  

           contingent upon submittal of the revised survey and contingent upon the town engineer’s

           review and approval of the revised survey.   Consideration of Petition 9515 as amended and

           adopted by Dane County.  Shapiro Hurley moved, Lunde seconded, to approve the final CSM

           with the contingencies listed above and Petition 9515 as amended and adopted by Dane

           County; motion carried.

 

             3)  AJ Arnett Final CSM.  Consideration of Petition 9372 as amended and adopted by Dane

                  County.  Motion and second by Shapiro Hurley and Sperle to table the action on both Petition

                  9372 and the CSM based on the lack of completion of the side agreement prohibiting

                  Conditional Use Permits on the A-2  rezoned area and the fact that the amended petition has

                  not been received from Dane Co.; motion carried.

 

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

a)      Report on Board/ZLR meeting on Petition 9322 and 9323 by Eric Grover.  The Commission was updated on the July 17^th joint meeting.

 

       5)        Appearances for preliminary inquiries and information.

b)      Tracy Sanderson, agent for Dave Kinney, regarding possible creation of building site.  Mr. Kinney owns a substandard grandfathered 14-acre parcel that is eligible for a split.  However, there is a glacial depression on the property that is difficult to work around.  Kinney also owns a 35 acre parcel formerly owned by Bill Lange.  Mr. Kinney would like to transfer the buildable parcel to this 35± acre parcel.  If the building site was transferred (informal transfer of development rights) to the other parcel, the remainder of the parcel (32± acres) could possibly be rezoned to RH-4 with a deed restrictions prohibiting further division.    It will need to be determined if there is a deed restriction on the parcel that may need to be addressed. 

 

         6)     Review of Dane County Land Use map and correction to data listed as necessary. 

                 Chairman Beske will review the submitted map.

 

      The Board moved to item #7(d)(1) at this point.

 

      The Board moved to item #12 at this point but did not adjourn to closed session.  Mayor Helen

      Johnson appeared for a discussion on the points the Town Board felt needed to be considered

      before the town could make a decision on approving the agreement.  The list drafted by Chairman

      Beske included joint financing, book value vs equity, auditing of ISO ratings, term of agreement,

      protection of level of service.  The Board will be meeting with the other towns on August 8^th; the

      Stoughton City Council will also be meeting on the 8^th for further discussion of the points.

 

 

7. Regular Agenda Matters:

a)      Minutes of 7-6 and 7-17-06 approved as presented on motion and second by Shapiro Hurley and Sperle. 

b)      Treasurer’s Report.  Shapiro Hurley moved, Lunde seconded, to borrow $70,000 from the Capital Reserve account until the tax settlement is received; motion carried.  The need to borrow to cover the temporary cash flow shortage was brought about by paying all the road reconstruction and slurry seal bills at the same time.  Sperle moved, Shapiro Hurley 2^nd to approve the Treasurer’s report; motion carried.

c)      Vouchers and Checks were approved and executed.

d)      Correspondence.

1)  Badfish Creek Restoration.  Review of draft plan, if available, and necessary action.  Volunteers.  Shapiro Hurley moved, Sperle 2^nd , to approve Caroline Werner’s request to put a picture and a small article on the website regarding the preservation of the Bad Fish Creek project and the need for additional volunteers to participate.  Mark Hanson would be asked to take a picture and help determine where it should go on the website.  Motion carried.

2)  Dane County Sheriff’s Office Citizen’s Academy.  No action taken.

3)  NIMS report.  More research is needed on completing this report.

4)  DCTA survey is being completed. 

8. Work on proposed noise ordinance as necessary. No action taken.
9. Consideration and possible action on a resolution regarding the creation of a new Regional Planning Commission.  Sperle moved, Shapiro Hurley 2^nd, to approve the adoption of Resolution 2006-08-01 Petitioning the Governor of Wisconsin to Create A Capital Area Wisconsin Regional Planning Commission (CARPC); motion carried.
10. Discussion and possible action on Regional Fire/EMS cooperation.  Several of the Board members are planning on attending the meetings.
11. Consideration and possible action on the recycling Compliance Assurance Plan (CAP).  Sperle moved, Shapiro Hurley seconded, to approve the CAP as corrected; motion carried.
12. Amendment to the Stoughton Fire Agreement and the Fire/EMS station expansion.  Further discussion was held.  The Board may need to hold a special meeting to decide on the agreement as Stoughton would like a decision by August 31^st.
13. Adjournment of August 2006 meeting on motion/second by Sperle and Shapiro Hurley.

 

Respectfully Submitted,

Dawn George, Clerk