BOARD MEETING

September 6, 2006 –6:30 p.m.

 

Attendance:  Chairman Beske, Supervisors Sperle, Shapiro Hurley, Lunde, Treasurer Walker, Constables Markham and Reilly, Clerk George.  Absent: None.

 

Chairman Beske called the meeting to order at 6:30 p.m.

 

1. Dane Co. Sheriff Dept. representatives were not able to be present, but did submit a report on the calls for service.
2. Constable Report.  Constable Reilly submitted one report regarding illegal dumping which has been resolved.  Constable Markham reported on several instances of a dog running at large that was returned to the owner.  Unfortunately, that dog is now missing and the owner is trying to locate the missing dog.  Markham also reported on an apparent abandoned home that has a huge amount of junk in and around the home.  Options to address this concern will be researched.
3. Discussion and possible action on Cheryl Veith’s request for consideration of changes to dog licensing policy, kennel licensing restrictions, and action on recurring complaint on habitual barking.  The Town will work on revising the Dog Control ordinance to include limiting the number of dogs allowed to three (3) on parcels under 2 acres, a grandfather clause that would allow owners currently owning over three dogs to be allowed to retain those dogs currently owned (based on existing dog licenses) until the number reached the maximum, and a puppy exemption that would allow the maximum to be exceeded until the puppies were 12 weeks old.  Kennel licenses will no longer be issued unless the owner has a Conditional Use Permit for a kennel.  The Board directed the Constables to start issuing citations for the habitual barking problem after the constable gives the owners a copy of the existing ordinance.  Veith and the other neighbors who have complained were advised that calling Dane Co. was another option that could be utilized.  They were also advised to keep a log of all occurrences.  The Board will revisit the matter next month.
4. Open bids for the 1994 Pickup Truck sale and necessary action on bids received. Two bids ($525 and $700) were received.  Sperle moved, Shapiro Hurley 2^nd, to accept the high bid of $700; motion carried.
5. Rutland Church Restoration update and action as necessary.  Beske updated the board on donations received.  Shapiro Hurley moved to approve installation of electric service under the direction of Myron Bacon to facilitate the contractor’s restoration; 2^nd by Lunde; motion carried.
6. Madison International Speedway request to amend the schedule on September 8^th to allow an early start time of 3:00 p.m.  Sperle moved, Shapiro Hurley 2^nd, to allow practice to start at 3 p.m. on September 8^th prior to the ASA race (this year’s final race).  This practice will replace prior practices that were rained out.  Grueneberg asked about checking the deed restrictions to see if future practices could be combined on Fridays in light of the rising gas prices.  This will be addressed at a later meeting.
7. Report from Planning Commission and any action necessary.

1)      Petition 9586 by Mark and Sandy Johnson to rezone their 8.82 acres located at 4131 County Road A (Section 16) from A-2(4) and RH-1 to A-2(2) and RH-2 for the purpose of reconfiguring existing lots.  The A-2 rezoning is necessary in order to accommodate the existing shed which is larger than the house.  The A-2 zoning will require the standard side agreement prohibiting Condition Use Permits without the written approval of the Town Board.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve Petition 9586 with the side agreement on the A-2 zoned portion on the condition that the chair review the composite report and staff report when received from Dane Co.; if anything is questionable, further action would be deferred to the next meeting; 2^nd by Lunde; motion carried.  The Johnson’s have talked to Dane Co. Highway regarding the driveway onto CTH A; a new driveway may be installed west of the existing driveway, but the Johnson’s will wait until the other parcel is sold to allow new owners some input.  The Johnson’s plan on building a new home further back from the road and may tear down the existing home or convert the existing home to a home office.

2)      Petition 9546 by Stokstad Bros. LLC as amended and adopted by Dane County to include deed restrictions prohibiting further residential development on all property owned by the Stokstads and to require that the driveway include bump outs to allow access by emergency vehicles.  Sperle moved, Shapiro Hurley 2^nd, to approve Petition 9546 as amended and adopted by Dane County; motion carried.  (This petition uses all eligible splits for the Stokstads.)  CSM required.

3)      Petition 9502/CUP 2009 by Ron and Teri Paltz as amended and adopted by Dane County to allow dog kennel with deed restriction prohibiting any residential development.  Shapiro Hurley moved, Lunde 2^nd, to accept the Planning Commission recommendation to re-approve Petition 9502 as amended and adopted by Dane County; motion carried.  The approval report will not be sent to Dane Co. until the side agreement is completed.  The side agreement would prohibit further CUP’s without written town board approval and limiting the number of dogs and cats for the first year (see 8-1-06 Board action for entirety of restrictions).

4)      Petition 9322 by Eric Grover as amended and adopted by Dane Co. for property located west of 3636 Casara Rd. and north of and across from 358 Lake Kegonsa Rd.  The amendments include deed restrictions prohibiting further residential development on the balance of the land owned by the applicant and prohibiting the southernmost lost (i.e. North side of Casara Rd.) into more than two lots.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve Petitions 9322 and 9323 as amended and adopted by Dane County; 2^nd by Lunde; motion carried.  CSM required.

5)      Petition 9323 by Eric Grover as amended and adopted by Dane Co. for property located south of 697 Lake Kegonsa Rd. and east of 3691 Old Stone Rd.  The amendments include deed restrictions prohibiting further residential development on the balance of the land owned by the applicant.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve Petitions 9322 and 9323 as amended and adopted by Dane County; 2^nd by Lunde; motion carried. CSM required.

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

             a)  Tracy Sanderson, agent for Dave Kinney, site visit regarding possible creation of building

                  site.  Kinney wishes to move the split he has coming from his property located at the end

                  of Sunny Ridge Rd. to his property on Oak Hill.  This would be an informal transfer of

                  development rights (TDR).  It would also mean the addition of deed restrictions on the

                  property on Sunny Ridge Rd. allowing no further residential development.  The site on

                  Oak Hill would include the woods and the driveway would come off Oak Hill Rd. at the

                  spot that the current driveway comes off.  Because the Oak Hill Rd. site is 35 acres,

                  Kinney would need to determine if this could remain A-1 Ex. with a homesite under a farm

                  plan or if it would need to be rezoned to A-2 with deed restrictions limiting it to one

                  residence and a side agreement.  Kinney would also like to obtain a CUP for the 14 acres

                  on Sunny Ridge Rd. for up to 50 animals to allow him to pasture the cattle he owns there

                  land on Oak Ridge RD.

7)      Appearances for preliminary inquiries and information.

a)     Michael Schmudlach regarding split eligibility for property on the 21 acres (18.2 a.?) on the corner of Windmill Rd. and Rome Corners that was part of the Carl Anderson farm that was owned by Dick Sheil.    Schmudlach’s reasoning is that the parcel is a separate lot that was created by DOT for the Hwy 14 R/W that grandfathered and is over 8 acres so it should be allowed two building sites.  He feels that the Bacon property across the road was created under the same circumstances and that was allowed a homesite.  Beske recalled that the Bacon parcel was too small to do anything else and that it was physically separated from the farm.  Beske also felt that the splits on this Schmudlach property were used on the former Sheil property.  The Board will check the history.  Schmudlach also has an issue on a 31.8-acre parcel that is physically split by the Hwy 14 R/W and DOT will not give him a driveway other than a farm driveway. 

b)     Richard Zentner regarding a split for his 12-acre property located at 97 Shady Willow Rd.  The property will be viewed.

c)     Connie Petrick regarding a variance to allow construction of a basement under residence at 4271 Oak Hill Rd.  The house is only 24’ in from the edge of the R/W (too close to the road) and has very little basement under the house.  The Board made no commitment as far as the variance and suggested that they inquire into the cost of making the parcel conforming to avoid having to deal with getting a variance every time they wished to do anything.  They will also check into the cost of starting from scratch.

8)      Dane Co. Ordinance Amendment 9 providing for biodiesel manufacturing in the AB District.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve OA 9 to add biodiesel manufacturing and manure processing facilities as conditional uses under the AB district, Sperle 2^nd; motion carried.

9)      Dane Co. Ordinance Amendment 10 regulating nonconforming lots in the shoreland zone.  Shapiro Hurley moved to accept the Planning Commission recommendation, to go on record in support of OA 10, Lunde 2^nd; motion carried.

10) County Land Use Map Review.  No action reported.

 

The next planning commission meeting will be on October 3^rd with the Board meeting to be held on October 10^th.    Because of the election, the November Board meeting will be on the 9^th.

 

8. Regular Agenda Matters:

a)      Minutes of Aug. 1st, Aug. 22^nd and Aug. 28 meetings approved on motion and 2^nd by Shapiro Hurley and Sperle; motion carried. 

b)      Treasurer’s Report approved on motion and 2^nd by Sperle and Shapiro Hurley; motion carried...

c)      Vouchers and Checks. The payment list was approved and the checks were executed

d)      Correspondence.

(a)    Dane Co. Planning & Development regarding DNR training for floodplain administration on Friday, September 22^nd.  All four board members are planning on attending this.

(b)   Copy of letter from DOT to V. of Oregon regarding Hwy 14 project.

(c)    Dane Co. Sheriff victim information report.

(d)   WDOT notification of non – approval of Rustic Road Designation for Old Stage Rd.

9. Discussion and possible action on Boundary Agreements.  Letters will be sent to adjoining municipalities to see if there is interest in forming or extending existing boundary agreements.  If there is interest, the board will develop a list of discussion items.
10. Discussion and possible action on Oregon Fire representative to replace Ed Webb who no longer resides in the Town of Rutland.  Webb was the town’s citizen representative to the Oregon Fire Commission.  A letter of thanks for his many years of service will be sent to Webb.  The Board will pursue a new representative.
11. Discussion and necessary action regarding September 23^rd Oregon Rotary bike race.  The board accepted the certificate of insurance on motion and 2^nd by Shapiro Hurley and Lunde; motion carried.  The Town would like to see extra precautions taken when crossing Hwys 138, 14 and A.  The organizers should be sure that Dane Co. Sheriff Dept. is notified.
12. Discussion and necessary action regarding Resolution supporting study of Regional EMS. The town board would prefer to see payment based on population, starting with regional fire departments, and a different billing scheme. Shapiro Hurley moved, Sperle 2^nd, to adopt Resolution 2006-09-01 supporting the study of a regional EMS; motion carried unanimously on 4-0 vote. 
13. Discussion and possible action on reconsideration of CARPC resolution.  The board took no action on the previous action which approved the resolution.

 

14. The amendment to the Stoughton Fire Agreement and the Fire/EMS station expansion.  A letter was received from the City of Stoughton indicating that they were unwilling to negotiate a new agreement for a new fire station.  The letter further stated that the City will be providing with an official notice of non-renewal of the 2003 agreement and also a new “fee for service” schedule and agreement that all the towns will be required to sign by October 15, 2006 if they wish to receive fire services from the City of Stoughton when the current agreement expires.  Failure to sign will result in the City of Stoughton building a new fire station to meet the needs of the City only.fire service will no longer be available to the Towns from the City.  Rutland will be checking with the Oregon and Brooklyn Fire Districts to see if they would be interested in territory expansion.  A meeting of the four towns will be set up to discuss future options.
15. Adjournment.  The September 2006 board meeting was adjourned on motion and 2^nd by Shapiro Hurley and Beske; motion carried.

 

Respectfully Submitted,

Dawn George, Clerk