Draft

 

RUTLAND BOARD MEETING

 

November 3, 2009 – 6:30 p.m. 

                                                                                               

                                                                                                                                                                                                              

1.      Chairman Beske called the meeting to order.  Present:  Chairman Beske, Supervisors Sperle, Shapiro Hurley, and Lunde, Clerk George, Treasurer Sime, Constable Hillestad and various residents.   No board members were absent.

 

2.      Appearance by Dane Co. Sheriff Dept. representative.  Deputy Cindy Holmes presented the monthly stats report. 

 

3.      Constable Report.  Constable Hillestad reported that he had had a call regarding stop sign visibility due to trees at the corner of CTH A and Lake Kegonsa Rd.  He will check it out and advise the patrolmen if some tree trimming is necessary.  Constable Hillestad wondered if the notice regarding the rifle use ordinance is posted by the DNR public hunting area on Old Stone Rd.  The patrolmen will be asked to check on this.

 

4.      Appearance by Denise Duranczyk, new District 35 Dane Co. Supervisor.  Denise Duranczyk was appointed to fill the vacancy created when Donna Vogel resigned.  A number of concerns were discussed in depth including the creation of a RTA, the Emergency Communication system, County zoning, proposed hydric soils ordinance and the flood plain maps.  Duranczyk explained the process of the creation of the RTA; Beske expressed concerns the town had regarding the cost and impact of the creation of train options versus other transportation options; Beske felt that a referendum should be held before there was any commitment for long term debt; Sperle was concerned because of the lack of representation for towns.  On the emergency communication system, Beske advised that he thought the whole thing should be funded by the county and felt that the proposed per capita formula was stacked against the rural  population, and that there should be a better funding source.  On the zoning chapter 10 task force, Beske felt that although some changes had been enacted, there were still concerns regarding the hydric soils ordinance and the FEMA updated Flood Plain maps.

 

5.      Public information meeting regarding City of Stoughton plans for the purchase of a 17-acre parcel, the annexation of this parcel by the City of Stoughton, the future construction of a substation, and other possible uses on property located along McComb Rd.  Beske reported that from the information that he has obtained, the Town cannot contest the annexation.  Further discussion with a number of residents and interested persons present ensued; topics of the discussion included health risks, decrease of property values, possible stray voltage impacts on production at nearby dairy farms; possible action that the residents might take included protest petitions submitted by residents to Dane Co. in connection with any rezoning, requesting further information from the City of Stoughton to address the serious concerns of neighboring residents, and possible testimony by experts regarding various risks.

 

6.      Report from Planning Commission and any action necessary.

(1)  Petition 10114 by Kathy Hansen to rezone .46 acres located at 3956 Old Stone Rd. (Section 22) from B-1 to R-2 to change from Business use to residential use.  (Note:  there are no homesites available on this property.)  Hansen appeared and advised that once she finishes tearing down the existing tavern and home building, she plans to raise a garden and place a historical marker at this site. The Commission recommended board approval of Petition 10114 with a deed restriction prohibiting residential structures on this parcel as there are no remaining eligible homesites. 

Sperle moved to accept the Planning Commission recommendation to approve Petition 10114 with a deed restriction prohibiting any residential structures on parcel No. 051022392402; seconded by Shapiro Hurley; motion carried 4-0.

 

      (2)  Final Certified Survey maps for the following:

• Eric Grover/Thomas Dyvebik land swap (Petition 10069 dividing existing parcel into three lots for rural home use.)  Board approval of CSM Grenlie Office Map 3193B was recommended. Shapiro Hurley moved to accept the Planning Commission recommendation to approve the final CSM (Grenlie Office Map 3193B) for Grover and Dyvebik; seconded by Sperle; motion carried 4-0.
•  Mel Shotliff for Petition 10070 to create one residential lot on land located north of 358 Lake Kegonsa Rd.  Board approval of CSM Grenlie Office Map 3193C was recommended.  Shapiro Hurley moved, Sperle seconded, to accept the Planning Commission recommendation to approve the final CSM (Grenlie Office Map 3193C) for the Shotliff property; motion carried 4-0.

 

• Eric Grover for Petition 10092 to expand the existing postage stamp RH-1zoning to and A-1 Ex. zoning to the entire 10 acre parcel for land located 160 feet southwest of 3572 Old Stone Rd.  Board approval of CSM Grenlie Office Map 3681 was recommended.   Shapiro Hurley moved, Lunde seconded, to accept the Planning Commission recommendation to approve the final CSM (Grenlie Office Map 3681); motion carried 4-0.

 

      (3) Report on Karl Pulver driveway permit site viewing.  The property is located at 365 Pagelow Lane.  The driveway was approved by the Planning Commission

            contingent upon completion as per guidelines by township.  Guide lines will be presented to landowner by patrolman Nels Wethal.  The guidelines are: 

 

1.  Drainage to be reviewed by Patrolman and stated on permit.  That is, whether ditches should be graded to drain to north or south from each side of driveway.  (The ditches on either side of drive are currently pretty flat, but grading will be needed for building the building and the driveway.  A pitch to move the water the right toward one way or the other would be good.)

2.  Need for culvert, and, if needed, length, diameter and elevation, to be specified by Patrolman.

3.  Building to be placed to be 15 feet or more from property line to insure adequate room for drainage from driveway and building without infringing on neighboring property.

4.  Use of driveway to be limited to accessing building (other driveway remains primary residential drive.)

 

5.  Permit covers only the access from the road and the driveway back to the new shed, not the pad placed parallel to Pagelow Road, which is no longer needed and will no longer be used.

 

      (4) Public Hearing on Old Stone Pet Lodge request for CUP changes for kennel operation including (1) hours dogs are allowed outside in runs, (2) hours of operation for

            customer drop off and pick up, and (4) square footage change from 7920 sq. ft. to 10,000 sq. feet.  The reasons for changes:  They would like to change the hours so

            that the dogs would be outside the building to coincide with the hours they are open for business in the morning.  They would like to change the hours of customer

            drop off and pickup on Saturdays and Sundays to provide weekend training classes, fundraising and allow for pick up times on Sunday mornings. They would like to

            add square footage to the building for possible future expansion.  Within the next five years, they would like to provide services which would assist dogs in

            rehabilitation after major injuries and surgeries.  Ron Paltz presented above proposed changes to CUP for Old Stone Pet Lodge.  Beske reported receiving several

            calls in the past two weeks from one neighbor regarding dogs barking.  Paltz had documented evidence that the barking was not from dogs in the kennel.  The Dane

            Co. Sheriff’s department found no violations.  The Planning Commission gave approval for Paltz to apply with the County for CUP changes.

 

      (5) Request by Pete Dunn for a residential driveway permit off of Sunrise Rd. accessing lot west of 4237 Hwy 138.  The Commission will view the property on 11/14/09 at

            8:00 a.m.  Dunn agreed to have a bump out on driveway.

 

      (6) Les Swanson inquiry about driveway relocation to Hill Rd.  Mr. Swanson rezoned a portion of his property on Hwy 138 for a homesite in 2008 (reference minutes of

            Jan., Feb., March and April of 2008).  At that time he had authorization from DOT for a residential driveway on Hwy 138 as long as he moved the driveway 100’ to the

            east.  This would mean a costly move of fiber optic cables.  Swanson presented an e-mail, dated Nov. 3, 2009, from Scot Hinkle, WDOT,  containing approval of

            access off Hill Rd. for the new home.  The new location is approximately 250’ southwest of Hwy 138 and is within the area controlled by DOT, and therefore the town

            is not the issuing authority for the driveway.  He also presented a map with the new driveway access location documented. The Board agreed to approve the new

           driveway location off of Hill Rd. as approved by Wisconsin Department of Transportation.

 

7.      Consent Agenda:

a.      Minutes from Oct. 6, 2009 Board meeting.

b.      Treasurer’s Report.

c.      Vouchers and Checks.

Shapiro Hurley moved, Sperle seconded, to approve the consent agenda and to direct the Treasurer to transfer $25,000 from the Brooklyn Fire Reserve account to cover the additional cost of paving Oak Ridge Rd. (as per the 9/8/09 minutes); motion carried 4-0.

 

8.      Resolution 2009-11-01 Authorizing the Clerk and Treasurer to pay utility bills and other regularly occurring bills due before the monthly meeting.

 

      Town of Rutland

RESOLUTION NO. 2009-11-01

 

Whereas, the Town of Rutland incurs regular bills for recurring expenses; and

 

Whereas, the Rutland Town Board meets once monthly normally on the first Tuesday of the month, and

 

Whereas, some of the regularly recurring expenses are billed with payment due dates that fall at the end of the month, and

 

Whereas, the late payment of these bills result in finance charges, and

 

Whereas, there is continued pressure to keep costs as low as possible; and

 

Now Therefore the Town Board of the Town of Rutland in Dane County does hereby resolve and orders as follows:

 

            1.  The Town Clerk and/or the Town Treasurer are hereby authorized to pay these bills prior to the regular monthly meeting as necessary in order to avoid the assessment of finance charges.   These bills would include payment of the street lighting, fuel, solid waste disposal, and various other recurring bills as may occur.

 

Adopted this 3rd day of November 2009 by a vote of ­­­_4-0_.

 

By the Rutland Town Board

 

_____________________________                          _____________________________

       Dale Beske, Chairman                                                 Milt Sperle, Supervisor

_____________________________                          _____________________________

  Sarah Shapiro Hurley, Supervisor                                     Jim Lunde, Supervisor

 

Attested by the Municipal Clerk

 

_____________________________             

           Dawn George, Clerk

 

Motion and seconded to adopt Resolution No. 2009-11-01 Authorizing Payment of Certain Bills by Shapiro Hurley and Lunde; motion carried 4-0.

 

 

9.      Cell Tower status report.  Beske reported that we are awaiting the survey that is to be attached to the revised lease and Memorandum of Agreement before submitted the documents.

 

10. Correspondence and necessary action.

a.      Stoplight Roby Rd./Hwy 51/Deer Point Rd. status.  The town has received notification that DOT has now determined the proposed stoplights are not warranted at this time.  The Town and the City of Stoughton have been working on this since 2003.  They were previously thought to be warranted and were expected to be installed in 2012, 2013 or 2014.

b.      Stoughton Fire EMS Budgets.  The date of the proposed meeting has not been finalized at this time.

c.      TRIP 2010-2011 application.  A proposed application applying for 2011 funding of Center Rd. was reviewed.  This will be addressed again at the November 10^th Board meeting following the Budget Public Hearing and Special Town meeting.

d.      Beske reported that he has been in contact with Dane Co. about the possibility of their assistance in setting a benchmark to establish the location of the culvert on Gallagher Lane.  It appears that Dane Co. will not be able to assist in this.  Beske questioned if the costs of having a surveyor do this would be costs that should be paid by the Town.

e.      Rutland Church restoration project status.  We have been advised that the Dane Co. Cultural Affairs $3250 grant for the straightening of the ceiling joists and insulating of the building has been approved and work using those funds may begin on Dec. 1^st.  The wiring will begin within the next week or two; the installation of the wiring will be done by Ray Byrne at no cost to the committee and the materials will either be gratis or at cost.  The State Historical Society has approved  plans for the drywall and wiring.

f.        Notification has been received from the Department of Revenue that the Town of Rutland has not met the requirement of having each major class of property assessed with 10% of full value at least once during the four year period consisting of the current year and the three previous years.  The computer-assisted revaluation that is planned for 2010 will resolve this issue.

 

11. Reports of meetings attended by the Board as necessary. 

• Sperle inquired if the Town would support Dane Co. establishing TDR guidelines in order to get it started.  Participation in this would be completely voluntary and it would not mean that the Town would need to establish sending and receiving districts and would be able to address the issue on a case by case basis as it is currently doing.  The consensus of the board that the Town would agree to support this in order to get it started.

 

12. Adjournment of the November 2009 regular Board meeting was on motion and second by Sperle and Shapiro Hurley; motion carried 4-0.

 

Respectfully Submitted,

Dawn George, Clerk