Rutland Town Board Minutes

January 4, 2012 – 6:30 p.m.



Chairman Beske called the meeting to order.  Roll call:  Present:  Chairman Dale Beske, Supervisors Milt Sperle, Jim Lunde, and Jeanette Walker; Treasurer Kim Sime, and Clerk Dawn George; absent: none.


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

2.      Constable Report.  No one present

3.      Racetrack Conditional Use Permit and Deed Restriction.  Discussion and any necessary action.

The most current draft of the deed restriction amendments (dated 2/26/07) was reviewed and changes and additions were discussed as follows:

·         Page 1..add ARCA and NASCAR type cars and trucks to Definitions 1(a).

·         Page 1..add (c) Police EVOC training.  Training limited to 4 hours classroom and 4 hours on track per day. (re-letter remainder of definitions).

·         Page 2 .. old (d) .. add ARCA and NASCAR type cars and trucks.

·         Page 2 .. fix indent of (b) 1.

·         Page 3 .. add “4.”  Police EVOC training.  Training limited to 4 hours classroom and 4 hours on track per day and if sirens used, board would need to approve after consulting neighbors. 

·         Page 3.. (d) Limited Hours of Use (3) change two hours (non-race practices) to three hours.

·         Page 3-4 .. add “(practices) generally 5-8 p.m. on odd Wednesdays.


Both the scheduling of the training and the use of sirens during the training are items that will go on the schedule with Board approval required.  The changes will be written up and submitted to the Town attorney and a summary of the changes will be reviewed at the February meeting.  Grueneberg also presented a tentative 2012 schedule to the Board.  This will also be on the agenda for the February meeting.  It was also noted that all schedule changes should be submitted in a timely manner so that the changes can be listed on the published board agenda.


4.  Board discussion regarding receipt of Notice of Claim file by Magnum Communications.  Chairman Beske summarized the Notice of Claim filed by Michael Best & Friedrich LLP, attorney for Magnum Communications on the Town of Rutland and Dane County noting that the Town has 120 days to respond to the notice.  Beske further reported that the Town has insurance for this. The Town attorney is working with the insurance company attorneys  on this matter.  The Town has also received an open records request for all records pertaining to the radio tower zoning petition and Conditional Use Permit application from Stroud Willink & Howard, attorney for Stoughton Farms, Inc.


5.   Planning Commission report.

1) Discussion of Petition 10372/CUP 2189 by Jeffrey & Emily Moyer, agents for

    David Moyer:

·         Recommendation to Town Board to approve petition as proposed with the following:

o        Rezone 4.4565 acres from A-1 Ex. to C-1 Commercial [0510-131-9300-0], 0.5934 acres from AB Ag Business District to C-1 Commercial [0510-131-9300-0], and 13.857 acres from A-2(8) Agriculture to A-2(8) Agriculture District located at 936 Starr School Road (Section 13) [0510-132-8100-3] for commercial landscaping w/ag use; remove deed restriction for no residential development [0510-132-8100-3]; the description for the CUP is ag use in commercial on 2 acres.

§         Deed restriction on northern-most 2 acres for agricultural use only. [0510-131-9300-0 – 5 acres]

§         Deed restriction on 5 acres for no residential use. [0510-131-9300-0 – 5 acres]

§         Deed restriction on 5 acres limiting to Landscaping/Nursery business [0510-131-9300-0 - 5 acres].

§         Provide screening around outside equipment storage. [0510-131-9300-0 - 5 acres]

§         Building site identified on plat map. [0510-132-8100-3 – 13.857 acres]

§         Use existing driveway on North side Standard access bump-outs required every 500’ of driveway.  [0510-132-8100-3 – 13.857 acres]

                    Board action:  The parcel located at 936 Starr School Road has been an existing A-B zoned

                    parcel for approximately 25 years.  The  business started as a feed and salt sales business; in

                    about 1990 it became a nursery which then evolved into a nursery and landscaping business

                    over time.  The existing residence has been used as the office for the past few years.  The

                    residence site is being moved to property located north of the business.

                    Walker moved, Lunde seconded, to accept the commissions recommendation to approve Petition

                   10372/CUP 2189 with the above conditions; motion carried 4-0.


2)  Driveway permit for Fish and Wildlife for property located west of 176 N. Union Rd.

·         Viewing set for Saturday, 1/7, 8:30 am.


3)  Discussion and necessary action on cooperative agreement with City of Stoughton.

·         66 acres total

o        ˝ Commercial development

o        ˝ water retention

·         City of Stoughton has requested Town of Rutland to develop comprehensive plan map.

·         PC Discussion:

o        Target 5-10 year agreement, possibly staged

o        Try to maintain commercial development on town border

o        Planning Commission members to review map and send suggestions/recommendations to the Clerk.



6.  Consent Agenda:

·         Minutes of 12/6 and 12/15 meetings.

·         Treasurer’s Report.

·         Vouchers and Checks.

Motion and second by Lunde and Sperle; motion carried 4-0.


7.  Correspondence and necessary action.

·         Strand 2012 landfill monitoring contract.  Sperle moved, Walker seconded, to approve the contract after Chairman Beske receives clarification of #7 Owner’s Responsibilities; motion carried 4-0.


8.  Discussion and necessary action on Hwy 14/92 drainage maintenance agreement.  Nothing has been received from DOT on the agreement; Chairman Beske will be meeting with DOT on the project soon.


9.  Discussion and necessary action on 2012 budget amendment.  The 2012 budget was amended to remove revenue and expense lines for the employee share of the health insurance premiums and Wisconsin Retirement System contributions which are handled the same as the social security and state and federal withholding.  Walker moved, Lunde seconded, to accept the amended 2012 budget; motion carried 4-0.


10.  Discussion and necessary action on Stoughton Boundary cooperative agreement and map for proposed development.  This was covered in the Planning Commission meeting report.


11.  Discussion and necessary action on Dane Co. Farmland Preservation Plan.  Dane County has requested an extension of the deadline to the end of 2012.  It is anticipated that the Board will be addressing the matter in the next few months.


Adjournment of the January 2012 meeting on motion and second by Sperle and Lunde; motion carried



Respectfully Submitted,

Dawn George, Clerk


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Dawn George, Clerk
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Updated: Jan.31, 2012