June BOARD MEETING

TOWN OF RUTLAND BOARD MEETING

June 6th, 2006 –6:30 p.m.

Chairman Dale Beske called the June Board meeting to order. Board members present: Beske, Shapiro Hurley, Sperle and Lunde, Clerk George, Treasurer Walker, Constable Reilly.

Appearance by Dane Co. Sheriff Dept. representatives Deputy Cindy Holmes and Sgt. Dan Bolch. Deputy Holmes presented the calls for service report. Sgt. Bolch, who is new to the SE Precinct, advised the Board of a number of changes made in personnel at the SE Precinct.
Constable Report. Constable Reilly presented two new reports and also updates on the two missing dog cases from last month.
Rutland Church Restoration update and action as necessary. Chairman Beske advised that the architect has given the okay on re-roofing the church and that the wood shingles to be used will be fine so all is set to proceed with that project.
Discussion and possible action regarding Linnerud Neighborhood stakeholder input session. Supervisor Shapiro Hurley reported on the meeting she had attended regarding this matter.
Discussion of and possible action on MS150 Best Dam Bike Tour to be held on August 5^th & 6^th. The clerk advised that she had received the certificate of insurance which includes the Town of Rutland as an additional insured. The information regarding the route to be used has not yet been received and will be addressed at the next meeting for an update. The clerk was advised to send a thank you for the certificate of insurance and ask them to advise the Constable and the Sheriff’s Dept. of the route when it is determined. Notice could possibly be published advising people that there may be extra bikers on the roads during the event.
Kathy Royer appeared regarding her request for consideration of Rustic Road designation for Old Stage Road. Royer will check to see what the committee’s definition of low volume traffic is and if the number is arbitrary, will proceed to see if she can get signatures from land owners along Old Stage Rd. that would be in favor of the designation. There was also discussion regarding other Town roads that were noted as possible candidates in the Comprehensive Plan.
Discussion of and possible action on request for a permit from Thundercat Fireworks for the Carey/Stokstad wedding fireworks display on June 17th at the Olaf Stokstad property at 1222 Sunrise Rd. After reviewing the permit application packet submitted by Thundercat Fireworks, Sperle moved, Lunde 2^nd, to approve the requested fireworks permit; motion carried. The Board would like the neighbors to be notified as a courtesy.
McFarland (Stoughton) Outreach; Ingrid Thompson, Senior Outreach Director, and Sara Sprang, Case Manager, appeared regarding their services and presented some data specifically relating to usage by Rutland residents. They inquired about holding regular limited office hours someplace in the town. Although the Board was not opposed to the Town Hall being used for this purpose, they wondered if holding office hours in Stoughton might not be more effective. Thompson and Sprang will look into other options. Publishing this service in the Stoughton paper and the Great Dane was discussed as an option.

Caroline Werner, town representative to the Stoughton Council on Aging, requested permission to present quarterly reports to the Board. The Board agreed to January, April, July and October. Werner will present the first report next month.

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. No Board action was taken on this petition as the Board is still gathering

information on whether our interpretation of this petition is if it is a commercial use or an ag use.

2) Petition 9515 by John Beetham, agent for Charley Meyer Jr., to rezone property located at 658 CTH

MM (Section 19) from A-1 Ex. to RH-2, RH-1, and A-2(2) for the purpose of creating a residential site

for owner and creating two other building sites. The commission recommended approval of this petition

contingent upon the remaining A-1 Ex. property being deed restricted to allow no further residential

development, the two existing houses would be razed, there would be a side agreement on the parcel

being rezoned to A-2 (2) (Meyer to retain ownership of this sliver on the east side of new Hwy 14 that

has no access). The creation of two RH-2 lots of 5.9 acres and 6.2 acres, and a 2 acre postage stamp

rezone to RH-1 are part of the original petition. Shapiro Hurley moved to accept the Planning

Commission recommendation to approve Petition 9515 with the above amendments; Sperle 2^nd;

motion carried.

3) Petition 9485 by JAST Management as amended and adopted by Dane County. The Commission

recommended approval of Petition 9485 as amended and adopted by Dane Co. to put a deed restriction

on the balance of the ag land prohibiting further residential action as this petition uses all the eligible

splits. Sperle moved to accept the Planning Commission recommendation to re-approve Petition 9485 as

amended and adopted by Dane County; 2^nd by Shapiro Hurley; motion carried. Action on Final CSM’s

dated May 5, 2006. Shapiro Hurley moved to approve the Final CSM’s dated May 5, 2006, contingent

upon the town engineer’s approval as the engineer had reviewed and given approval of the preliminary

CSM’s; 2^nd by Lunde; motion carried. (Note: one CSM has existing farmhouse and the other CSM

contains the three newly created lots.)

4) Final and Preliminary Certified Survey Maps

Dean Schulz, Jr. final CSM. Shapiro Hurley moved to approve the final CSM for the Dean Schulz, Jr.

property contingent upon the surveyor correcting the map to extend the “no vehicular access”

designation all the way to the west edge of the property per Norb Scribner’s letter, and contingent upon

the review and approval of the town engineer; 2^nd by Sperle; motion carried.

5) Madison International Speedway regarding additional uses and possible changes to Conditional Use

Permit and Deed Restrictions. Most of the changes had been submitted by the attorney last month, but a

list (dated 6-5-06) of the types of cars had been submitted by Dave Grueneberg. Three changes were

made to the list (elimination of Go-Karts, Motorcycle Stunt Shows, and elimination of the words “up to

three a year” after Destruction type show as that would be dealt with during the setting of the schedule).

These modifications will be sent to the town attorney to be included in the document. The attorney will

be advised to go ahead and prepare an application for the zoning change once the modifications are

complete. Sperle moved, Shapiro Hurley 2^nd, to accept the Planning Commission recommendation to

approved the proposed revised deed restrictions; motion carried.

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

a) Josh Tilley regarding creating split of property owned by Dawn Copus. The property was viewed;

there is a major problem with this proposal as they would need a variance from the county 66’ road

frontage requirement as the property access is from a driveway right-of-way. The family may or may

not proceed.

b) Stokstad Bros. LLC site viewing. This property was viewed. There may be some difficulty at the

county as the proposal calls for a 1300’ long driveway. The 12-acre parcel accessed from the

driveway is non-farmable because of the steep slopes, rocks etc. There would also need to be bump

outs on a driveway that length to ensure adequate emergency services.

c) Klein property site viewing cancelled.

d) Dean Schulz, Sr. regarding possible split. The property is scheduled to be viewed; it is unclear as to

whether Schulz wants to proceed to build a new house on the farm that is jointly owned by Schulz

and his siblings using a farm plan or whether he wants to rezone the homesite so that he can be the

sole owner. Lunde will try to get this information from Schulz prior to the site viewing which would

not be necessary if he is going the farm plan route.

e) Stoughton Farms eligible building sites. No action.

7) Appearances for preliminary inquiries and information.

a) Mark & Sandy Johnson regarding reconfiguring CSM. The Johnsons own 2 parcels of land. The

existing house is on a RH-1 lot and they have a shed that contains their limited family business on a

lot zoned A-2. They originally planned to build a new home on the A-2 lot so both buildings would

be on the same lot. Now they are looking at selling the A-2 lot, but keeping the shed, meaning they

need to redraw the lots. Another problem is that there is no good spot to place a driveway for

access to the redrawn A-2 lot which would be off CTH A at Flint Rd. The Johnsons will need to

discuss this with Dane Co. A third issue is that the shed on the A-2 property is about 3200 sq. ft. If

the shed is going to be a residential accessory building, the house would need to be 6400 sq. ft. This

is not exactly what the Johnsons had in mind. They would have to do something to make the shed an

agricultural bldg. and rezone the property to A-2.The property will be viewed.

b) Driveway on Sid Boersma property. The new owner of this lot on the corner of Old Stage Road and

Danks Rd. would like to have the driveway to his new home on Danks Rd. The property will be

viewed to consider this request.

Regular Agenda Matters:

a) Minutes. Sperle moved, Shapiro Hurley 2^nd to approve the minutes of the 5/2/06 and 5/15/05 meetings; motion carried.

b) Treasurer’s Report: approved by Lunde/Shapiro Hurley as amended.

c) Vouchers and Checks. Approved and executed.

d) Correspondence.

1) A letter was received from Barbara Hvam who expressed her concern about her possible

liability regarding employees of other towns putting jointly owned machinery in the shed the

Town of Rutland rents from her. Mrs. Hvam requested a hold harmless letter from the other

towns involved. A letter will be sent to Mrs. Hvam advising her that the machinery that is

jointly owned with other towns will no longer be stored on her property and that no one other

than Town of Rutland employees will be on her property.

2) Dane Co. Emergency Management has requested updated emergency contact information for

all town officials. The completed forms will be submitted.

3) Supervisor Sperle reported on 2-3 stones in Graves Cemetery gravestones that are broken or

tipped over; these will be repaired by either the town patrolmen or if necessary by Wisconsin

Monument who repaired the gravestones damaged by the vandals a few years ago.

4) The Rutland 4-H will be advised that the Board is interested in them redoing the existing

plantings and stone at Graves Cemetery but would like them to submit plans and a timetable for

it to be done. The Town would pick up the cost of the materials with the 4-H contributing the

labor.

Work on proposed noise ordinance as necessary. No action at this time.
Review of brochure from Resource Solutions for recycling electronics and appliances program. The brochure was approved as presented and will be printed for distribution within the next few weeks.
Action on Alcohol License renewal and original applications.

a) Original Class “B” Beer License for Dave Grueneberg @ MIS (2 sites). Approved: Shapiro Hurley/

Sperle; motion carried.

b) Renewal Class “B Beer and Alcohol License for Sandra Cloud @ White Rock.

c) Cigarette License renewal for Sandra Cloud @ White Rock.

d) Coin Operated Machine License for 10 machines for Sandra Cloud @ White Rock.

e) Operator’s License for:

1) Suzette Noyce (renewal).

2) Carolyn Bunnell (renewal).

3) Jason Cloud (renewal).

4) Lee Cloud (renewal).

The renewal of the beer license, cigarette license, coin operated machines license and the four operator’s license above were approved by Shapiro Hurley/ Lunde; motion carried.

5) Luke Natvig Operator’s License(original). Approved: Shapiro Hurley/Sperle; motion carried.

13. A packet received from Thundercat Fireworks for permits for the fireworks for June 23 and Sept. 8

was reviewed. The Board approved the permit for June 23, 2006 but will need new certificates of insurance

prior to issuing a permit for September 8. The certificates of insurance submitted will expire before the

Sept. 8 event.

14. Review and consideration of the annual landfill well monitoring RFP’s received from Liesch

Environmental Services, BT², Inc., and Seymour Environmental Services, Inc. Shapiro Hurley moved,

Sperle 2^nd, to accept the low bid of $1770 submitted by BT², Inc.; motion carried.

15. Motion and 2^nd by Shapiro Hurley / Sperle to Adjourn to closed session pursuant to Sec. 19.85(1)(g) to

confer with legal counsel for the town Attorney who is rendering oral or written advice regarding the

Oregon Fire/EMS District, and pursuant to Sec. 19.85 (1)(e) regarding the possible Stoughton Fire EMS

station expansion and agreement, as necessary; motion carried by unanimous roll call ballot.

16. Motion by Sperle / Shapiro Hurley to reconvene into open session following the closed session pursuant to

19.85(2) to complete agenda as necessary.

17. Adjournment of June 2006 Board meeting by Sperle / Shapiro Hurley; motion carried.

Respectfully Submitted,

Dawn George, Clerk