Draft until approved by Board

 

RUTLAND BOARD MEETING

 June 2, 2009 – 6:30 p.m. 

                                                                                               

1.       Appearance by Dane Co. Sheriff Dept. representative.  No one appeared.

2.    Constable Report.  Constable Shawn Hillestad reported that he had received a call regarding a

       neighbor dispute.  He had not responded yet, but would advise the caller that this was a zoning 

       matter where he would not have any enforcement powers, that this was something the neighbors

       should try and work out.

 

3.    Appearance by Dave Grueneberg, agent for Madison International Speedway regarding Madison

       police training at the track.  Grueneberg advised that the Madison Police had inquired about using

       the racetrack for training on a number of dates between Sept. 1 and Dec. 3.  They would not be

       using sirens.  The Board thought that with mufflered cars, noise would not be a problem.  The Board

       suggested that possibly the police department could come out and do a test run on a Saturday prior

       to the actual testing beginning.  Sperle moved, Shapiro Hurley seconded, to allow the training as

       proposed on a one-year trial basis with the condition that no sirens be used and that it take place

       between the hours of 8 a.m. and 4 p.m. on the dates proposed.  Grueneberg also presented a report

       of the May race events held/rained out.

 

4.    Request from Mike Bacon for a fireworks permit for last week of June at 4652 Rome Corners Rd. 

       Bacon noted that when he has had fireworks in the past, he has notified neighbors both by flyers

       and by personal phone calls and that no neighbors had a problem with the fireworks.  A

       certificate of liability insurance (current) was presented.  Sperle moved, Shapiro Hurley seconded, to

       approved the requested fireworks permit for Myron Bacon III for Saturday, June 27, 2009, with the

       rain date being Sunday, June 28^th; motion carried 4-0.

 

5.    Report from Planning Commission and any action necessary.

1)      The Commission recommended the Board approve CSM 3470-D for the Bullsi property on Old Stone Road.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve CSM-D for Bullsi property on Old Stone Rd. west of Hildreth Rd.; motion carried 4-0. The flood land determination required by Dane Co. to make the zoning effective had been obtained.

2)      Inquiry by Richard Snorek regarding a possible rezone of back section of property at 3957 STH 138 to allow auto repairs and sales.

The Commission advised Snorek that a Conditional Use Permit (CUP) for a Limited Family Business (LFB) would allow auto repair by the family living on the parcel and one full time equivalent outside employee living off premises.  The zoning is now RH-1 and would need to be changed to A-2.  He would need to apply to Dane County Zoning for a rezone of the entire parcel to A-2 with a CUP for a LFB. The Town of Rutland would require a side agreement that no other CUP would be applied for on the parcel without written town board approval.

The Commission further advised that auto sales would require commercial zoning which the Town has not approved for a long time on Hwy 138 in an effort to minimize commercial zoning on Hwy. 138.

3)      Ordinance Amendment No. 1, 2009-2010 regarding permitted signage in residential district for holders of Conditional Use Permits was recommended for Board approval by the Commission.  Shapiro Hurley moved to accept the Planning Commission recommendation to approve OA1, 2009-2010; motion carried 4-0.

 

6.   Roads.

1)      2009 Road Work bid documents for Oak Ridge Rd sealcoating.  Bids were received from: 1) Scott Construction in the amount of $25530 for 1.15 mi. x 20’ of Oak Ridge Rd. and $933 for .07 miles x 12’ on Center Rd. , and 2) Fahrner Asphalt Sealers in the amount  $25,344/double seal mile, based on 20’ roads.  Shapiro Hurley moved to accept the Scott Construction bid in the amount of $25530 for 1.15 mi. of Oak Ridge Rd., $933 for Center Rd. and advised Road Commissioner Myron Bacon to negotiate the price on Oak Ridge Rd. to reflect the fact that part of the road is only 18’ wide; this could be done be having Scott include double sealing the area on Gallagher Lane where the culvert was recently lowered in the price or lowering the total cost; motion carried 4-0. (Clerk’s note: Subsequent to the meeting, Scott Construction refigured their bid to reflect that the entire road is not 20’ wide.  The new contract submitted was $22977.00 for double seal of Oak Ridge Rd. plus the original $933 for Double seal on Center Road.)   Commissioner Bacon was also authorized to contact Scott to move forward with determining when this work would be completed.  Commissioner Bacon advised that the mat that will be laid down prior to placing gravel on the road will cost about $5000; he thinks it may be possible to complete the work on Oak Ridge for about $80,000.  Discussion was held on the placement of two culverts on driveways on Oak Ridge (one on east side going to the former Brown residence and one on the west side going to the 4 lots in the woods.)  Shapiro Hurley moved, Lunde seconded, to advise the property owners that they would need to pay the cost of the culverts and the town would install and do some ditching required to make the culverts effective; motion carried 4-0.

 

2)      Receive and take necessary action on Crack Filling bids for 2009 work (North Union Rd, Old Stage Rd, Starr School Rd., and Fahey Heights.)   Bids were received from Crackfilling Service in the amount of $13,715 for 11,600 feet of crackfilling and from Bartelt Enterprises in the amount of $9,708 for 19,416 feet of crack filling.  The total amount in the budget was $7,000.  Shapiro Hurley moved, Lunde seconded, to accept the bid received from Bartelt Enterprises and to take $2,708 from the road construction account to pay the difference in the budgeted amount; motion carried 4-0.

 

7.   Appearance by Betty Thompson, Town Representative on Oregon Council on Aging.  Ms. Thompson was not able to attend the meeting, but she had advised Chairman Beske that she was willing to be the Town Representative to the Stoughton Senior Citizens as well as the Oregon Council on Aging.  Shapiro Hurley moved to send a thank you to Betty Thompson for her willingness to serve the town in both capacities; seconded by Sperle; motion carried 4-0.

 

8.   Hwy 14/138 intersection Bike/Pedestrian Paths.  Use of Community Sensitive Design Funds.  The Board received a number of documents related to the proposed bike/pedestrian path options in the area of the Hwy 138/Hwy 14 intersection and the roundabouts.  The Board had two issues to           act on: 1) Decision on several design options for this area, and 2) use of Sensitive Design Funds.  The Village has invited the Town Board to attend their June 15^th meeting.  This meeting will be posted and the Board will try and attend the meeting to express no interest in maintenance            options due to lack of staff for additional responsibilities.  Sperle moved to express the fact that the town has no interest in any maintenance options all the way through (i.e. maintaining the portions of any bike pedestrian paths that are physically located in the Town of Rutland, lighting options, or landscape options) and if the Village of Oregon wants to maintain the entire bike/pedestrian path at their costs, the Town would be willing to talk about entering into a joint agreement (required by DOT); motion carried 4-0.

 

9.   Consideration of Resolution not supporting formation of RTA.   A draft of a resolution expressing Town non-support of formation of a regional transportation authority was reviewed.  Sperle moved, Shapiro Hurley seconded, motion to approve the resolution as initially presented.  After further discussion regarding the language of the draft resolution, Sperle and Shapiro Hurley rescinded their motion and second approving the draft resolution and the resolution will be reworked.   The intent of the resolution will be to support a balanced public transportation model that will benefit rural cities, villages and towns and not support a proposed ½% sales tax to support a regional transit authority.

 

11.     Consent Agenda:

• Minutes.
• Treasurer’s Report.
• Vouchers and Checks.

Shapiro Hurley moved, Lunde seconded, to approve the consent agenda to include a modified check list to include payment of a check to Glenn Reynolds in the amount of $2500 for legal services for the ATC proposed transmission line as approved at the January 6, 2009 Board meeting, and payment of the Stop and Go bill for fuel that has not arrived as of the meeting; motion carried 4-0.

 

12. Correspondence.

• Chairman Beske reported that Bill Brockman had given him information about interest in the possibility of the Brooklyn Fire Department acquiring an emergency trailer from the American Red Cross.  This would cost about $1000 and is not currently a part of the 2009 Fire Department Budget.  The item will be placed on the July Board agenda for further information.
• The final report from the DNR-conducted remediation project closure study was received and will be studied.
• Notification of Safe Harbor of Dane County, Inc. plans for a fund raiser motorcycle ride through Rutland on August 22, 2009 between 11:00 a.m. and 3:00 p.m.  The only road in the Town that will be involved is CTH A.  Safe Harbor works closely with health care providers, law enforcement and community agencies to provide support and resources to child abuse victims and their caregivers.
• Notification of the annual Bike MS: Best Dam Bike Ride going through the Town of Rutland on August 2, 2009.  The agency will be notified that the Town would like the usual certificate of insurance, encourage marking and signage for safety reasons and inquire what the planned route this year is.

 

13. Cell Tower Update.  We have been advised the environmental report came back and it is requiring changes to site design that entail overhead utilities versus underground cables and switching to a non-diesel generator.  The non-diesel generator will be installed outside the shelter and be hooked up to a propane tank.

 

14.  The Board received the report on Monitoring Well April event.  The exceedances in monitoring wells #1 and #3 have been reported to the DNR as required.  The exceedances in MW-3 seem to be somewhat seasonal.

 

15.  Trees in Ol’ Stone Estates.  In response to an anonymous complaint, the patrolmen will be advised to check on down trees on Town-owned land in Ol’ Stone Estates and to mow the ditch.  Any further cleanup would need to be funded and performed by residents.

 

16.  Fencing at collection center/landfill.  The patrolmen will be working on the identified tasks.

 

17.  Action on  Alcohol License and Operator’s License renewal applications.

• Class B Alcohol & Fermented Beverage License for Sandra C. Cloud (White Rock Bar)
• Class B Fermented Beverage Licenses (2) for Jenni Investments Inc. (Madison International Speedway-Dave Grueneberg, Agent)
• Operator’s License Renewals:

a)  Joseph Eugster

b)  Jean A Johnson

c)  Jason Cloud

d)  Suzette Noyce

e)  John  Porter

d)  Carolyn Bunnell

• Coin Operated Machine License (9 machines)

 

Motion and second by Lunde and Shapiro Hurley to approve granting of all of the above listed license renewal operations; motion carried 4-0.

 

18. Fly Dane Memorandum of Agreement.  Motion and second by Shapiro Hurley and Sperle to authorize the chairman and clerk to execute the Memorandum of Agreement (MOA) for the Fly Dane 2009-2010 project; motion carried 4-0.  The Town share of the costs total $3,233.74 with $1616.87 due by December 30, 2009 and the second half due upon delivery of products.

 

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

Chairman Beske reported that another meeting has been held on the Hwy 14/92-Biglow Rd. water issues.  The DNR will be doing a water study and is gathering information from previous meetings.

 

20. The July Planning Commission date has been changed to Tuesday, July 7^th and the Board meeting   has been changed to Wednesday, July 8^th.

 

21. Adjournment of June 2009 Board meeting was by motion and second by Sperle and Shapiro Hurley.

 

Respectfully Submitted,

Dawn George, Clerk