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August 4, 2015 Regular Town Board Meeting

Town of Dodgeville
Town Board Meeting Minutes
August 4th, 2015
6:00 p.m.

1) Call to order. Town Chairman, Curt Peterson called the meeting to order at 6:02 p.m.
Town Supervisors in attendance were: David Gollon, Peter Vanderloo and Steven Johnson. David Blume was absent and excused. Also in attendance were Clerk/Treasurer Sara Olson, Greg Jewell, David Rule, Jim Rule, Leo Wagner, Beth Wagner, Sharon Nicholas, Brenda Degenhardt, Donna Menke, M. Resha Wyman, Ann Rydell, Michael Degenhardt, Kurt Rule, Leslie Jansen, Jessica Fick and John Fick.
2) Reciting of the Pledge of Allegiance.
3) Approval of Public Notice/Agenda. Supervisor, David Gollon made a motion to approve the public notice and agenda seconded by Supervisor, Steven Johnson. Motion carried.
Steven Johnson made a motion to suspend the agenda and move to Item #9 Plan Commission Recommendations. Peter Vanderloo seconded the motion. Motion carried.
4) Discussion & possible action re: Plan Commission Recommendations. The Town Board discussed the Plan Commissions recommendation in regards to the rezoning and conditional use permit for Quality Liquid Feeds. Steven Johnson made a motion to recommend the approval of the rezoning application of Quality Liquid Feeds of 3.1 acres more or less from AR-1 & B-2 Highway Business to B-2 Highway Business located in the NW ¼ of the NE ¼ of Section 21, Town 6 North, Range 3 East located at 3586 & 3568 State Road 23 with the conditional uses to allow office space and one residence with the conditions that all Sanitary District agreements, allocation of usage, boundaries and documents are amended to include the newly created lot. David Gollon seconded the motion. Motion carried. Plan Commission Chair, Greg Jewell read aloud the Plan Commissions recommendation with the 16 conditions in regards to the Rule petition. Town Chairman, Curt Peterson read aloud Scott Godfrey’s comments in regards to the 16 proposed conditions. The Town Board members and Plan Commission Chair, Greg Jewell discussed each of the comments in detail and modified condition #8 to include the word minimum, modified condition #7 to include the word staggering, changed condition #3 to the recommended alternative language but included the sentence in regards to the public being noticed and added a 17th condition that would require the incorporation of Conditions 3, 5, 6, 7, 8, 9 and 10 into the associated nonmetallic mining reclamation plan as an amendment per NR135.24. Greg Jewell also indicated that he will include a legend on Exhibit A clarifying the expansion areas as requested by Scott Godfrey.
Steven Johnson made a motion to recommend the approval of application of 65.50 acres more or less from A-1 Ag to AB-1 located in part of the SE ¼ and the SW ¼ of the SW ¼ of Section 9, Town 6 North, Range 3 East at 3978 State Road 23 and the conditional use application for the purpose of non-metallic mining with the following 17 conditions and exhibits contingent upon changes being made to the Town Land Use Plan for this application:
1. Approval of the Condition Use Permit by the Town of Dodgeville Board.
2. Approval of the Condition Use Permit by Iowa County.
3. The conditional use permit shall be valid for five years, during which the landowner and operator agree to a minimum annual inspection by the County and/or Town for the purpose of monitoring compliance with all imposed conditions. The conditional use permit may be extended for another five-year term provided compliance with all imposed conditions is verified. The public shall be made aware of the date of the yearly inspection by public notice.
4. Successful Non-Metallic Mining Permit from Iowa County.
This includes:
a. Reclamation standards contained in Subchapter II of Chapter NR 135, Wisconsin Administrative Code.
b. Operation and reclamation shall be conducted in a manner that meets groundwater quality standards pursuant to Wisconsin Administrative Code NR 140.
c. This permit is good for five years.
5. Blasting operations shall follow the current Iowa County Nonmetallic Zoning Ordinance:
Iowa County Zoning Ordinance 4.5 "Nonmetallic Mining Sites - one acre or greater", Section 2) e)”
Blasting shall, at a minimum, comply with the provisions listed in SPS 307, Wis. Administrative Rule. At sites where there is a principal structure on neighboring property within 500 feet of the shared property line with the mining site, blast charges may be required to be reduced in size as blasting activity nears the property line".
Land owners wishing to have notice of blast schedule shall notify operator with email information. Owner must provide notice by email at a minimum.
6. Quarry expansion shall follow the areas shown on attached Exhibit "A".
7. Evergreens shall be planted in three staggered rows in the area shown on attached Exhibit "B".
8. A minimum four strand barb wire fences shall be constructed as shown on attached Exhibit "B“ with warning signs.
9. Evergreens shall be planted and the fence shall be constructed by June 30, 2016. The Town of Dodgeville will require additional screening if mining operations are not being adequately screened by the use of Evergreens. This may require the building of a berm, or other suitable screening where necessary to adequately screen the crushing operations. This condition shall be evaluated at the required annual site inspection by the Town of Dodgeville.
10. The owner of the quarry shall maintain the trees and replant if necessary for the duration of an active Non-Metallic Mining Permit.
11. The owner of the quarry will never have an asphalt plant or other industrial operation, excluding the current crushing operation.
12. No commercial traffic associated with the quarry will ever use Green Leaf Drive.
13. Hauling hours of operation be limited to the hours of 6:30 am to 6:00 pm Monday through Friday. Blasting be limited to the hours of 7:00am to 5:00pm Monday through Friday. Crushing operation be limited to the hours of 7:00am to 6:00pm Monday through Friday. In case of emergency (flood or natural disasters) hours may be extended for hauling purposes to include weekends.
14. No lighting will be allowed outside the hours of operation.
15. If any claims for damage are made against the quarry, the Town shall be made aware of said claim. This information will be used in the evaluation of renewal of the conditional use.
16. Declaration of Conditions, Covenants and Restrictions limiting non-metallic mining be granted to the Town of Dodgeville for Parcel 008-1077 and Parcel 008-0938 owned by James Rule. This declaration shall limit expansion of this quarry into parcels 008-1077 and 008-0938 and does not restrict any other uses. (See Attached Document)
17. The incorporation of Conditions 3, 5, 6, 7, 8, 9 and 10 into the associated nonmetallic mining reclamation plan as an amendment per NR 135.24.




Exhibit A (Copy may be obtained from the Town Clerk/Treasurer)
Exhibit B (Copy may be obtained from the Town Clerk/Treasurer)










DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
Tax Parcels 008-1077 & 008-0938
TOWN OF DODGEVILLE, IOWA COUNTY, WISCONSIN


WHEREAS, James C. Rule, the owner, successors and assigns, of Tax Parcel 008-1077 as located in the NE ¼ of the NW ¼ of Section 16, T6N, R3E; and Tax Parcel 008-0938 as located in the SE ¼ of the SE ¼ of Section 8, T6N, R3E; and ,
WHEREAS, James C. Rule and Rule Quarry LLC petitioned in 2015 to rezone 65.50 acres more less from A-1 to AB-1 located in part of the SE ¼ and the SW ¼ of the SW ¼ of Section 9, T6N, R3E and for a conditional use permit for the purpose of non-metallic mining; and,
WHEREAS, Tax Parcels 008-1077 & 008-0938 are adjacent to and immediately south and west of proposed non-metallic mine; and,
DRAFTED AND RETURN TO

WHEREAS James C. Rule voluntary agrees to forego any non-metallic mining on Tax Parcels 008-1077 & 008-0938 in order to mitigate the possible impact the proposed non-metallic mine has on adjacent property owners and residents.

NOW BE IT RESOLVED, the undersigned owner hereby declares that future use of Tax Parcel 008-1077 & 008-0938 is hereby restricted to preclude its use for non-metallic mining.
TAX PARCEL NOS. 008-1077 & 008-0938
BE IT FURTHER RESOLVED, that all terms, conditions, covenants and other provisions contained in this Declaration, including benefits and burdens, shall run with the owner’s property and shall be binding upon and inure to the benefit of and be enforceable by the Town of Dodgeville and/or Iowa County and their respective successors and assigns.
BE IT FURTHER RESOLVED, this Declaration is not revocable by the owner, the Town of Dodgeville or Iowa County.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
Town of Dodgeville, Iowa County, Wisconsin
____________________________________
James C. Rule ____________________________________
Curt Peterson, Chairman
______________________________________
Sara Olson, Clerk/Treasurer
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of _________, 20___, the above named James C. Rule, to me known to be the person(s)
who executed the foregoing instrument and acknowledged the same.

NOTARY PUBLIC
My Commission Expires:
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of ________________, 20___, the above named Curt Peterson, Town Chair, to me known to be such officer of the Town of Dodgeville who executed the foregoing instrument and acknowledged the same on behalf of said Town of Dodgeville, a Wisconsin municipal corporation.

NOTARY PUBLIC
My Commission Expires:
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of ________________, 20___, the above named Sara Olson, Town Clerk, to me known to be such officer of the Town of Dodgeville who executed the foregoing instrument and acknowledged the same on behalf of said Town of Dodgeville, a Wisconsin municipal corporation.


NOTARY PUBLIC
My Commission Expires:
Drafted by: The Town of Dodgeville

Peter Vanderloo seconded the motion. Motion carried. (4-0)
5) Town Roads/Equipment Report. Clerk/Treasurer Sara Olson updated the Town Board in regards to the tentative dates for the Blotz Bridge Project. Clerk/Treasurer Sara Olson had indicated that she received an e-mail from the Sheriff’s Department indicating the Dairyland Dare was going to be held on August 8th. Town Chairman Curt Peterson had indicated that the Town Board completed their road review and found some areas that are in need of brushing. Curt had also indicated that he was having the full-time patrolman shoulder Military Ridge Road and was having the patrolman obtain prices in regards to a disc for shouldering. The Town Board reviewed the Highway and Road budget report.
Steven Johnson made a motion to recess to the Sanitary District #1 & #2 meeting at 6:45 p.m. Peter Vanderloo seconded the motion. Motion carried.
Steven Johnson made a motion to reconvene the Regular Town Board meeting at 7:56 p.m. Peter Vanderloo seconded the motion. Motion carried.
6) Approval of Meeting Minutes from July 7th, 2015 & July 30th, 2015. Steven Johnson made a motion to approve the July 7th, 2015 meeting minutes with the correction of a typographical error on Item #17 as well as the July 30th, 2015 minutes. Peter Vanderloo seconded the motion. Motion carried. David Gollon abstained in regards to the July 30th, 2015 meeting minutes.
7) Bills to be approved. David Gollon made a motion to approve the August 4th, 2015 vouchers for payment in the amount of $19,616.25. Peter Vanderloo seconded the motion. Motion carried.
8) Approval of Treasurer’s Report for General, Sanitary District #1, 2, and Tax Collection Account. David Gollon made a motion to approve the Town of Dodgeville July 2015 Treasurer’s Report with the correction of a typographical error on Items #1-6 stating the following fund balances:
General Checking $ 189,084.28
Farmer’s Savings $ 5,405.81
M&I Tax Account $ 139,115.45
Local Government Investment Pool $ 6,981.83
M&I CD’s $ 50,835.93
Farmer’s Savings Tax Account $ 0.00

Township Funds: $ 391,423.30

Peter Vanderloo seconded the motion. Motion carried.
David Gollon made a motion to approve Sanitary Districts #1 and 2 Treasurer’s Report as submitted stating the following fund balances:
Sanitary District #1 $17,199.70
Sanitary District #2 $15,876.43

Peter Vanderloo seconded the motion. Motion carried.
9) Clerk/Treasurer Report. Clerk/Treasurer Sara Olson had indicated that she had received the Accessibility Audit Report which was conducted on November 4th, 2014 from the Government Accountability Board and has addressed and took action in regards to the findings, discussions and recommendations.
10) Approval or Denial of Operator’s License for Lacey Edwardson. Peter Vanderloo made a motion to approve the operator’s license for Lacey Edwardson contingent upon received the individual’s completion certificate of the alcohol awareness course. Steven Johnson seconded the motion. Motion carried.
11) Discussion & possible action re: Ordinance Chapter 29 Open Records Policy. No action was taken.
12) Discussion & possible action re: Amended Resolution 2009-264 Town of Dodgeville Fee Schedule. No action was taken.
13) Discussion & possible action re: Evans Quarry Road Damages. Clerk/Treasurer Sara Olson updated the Town Board in regards to the status of the answering of the complaint.
14) Discussion & possible action re: Modification to Town of Dodgeville Employment Manual. The Town Board discussed modifications needed to the Employment Manual due to the repealing of Resolution 2009-257Health Insurance Reimbursement and Compensation Policy as well as cleaning up Section 4.02 as the Township doesn’t have the employment category of Regular part-time employees. Steven Johnson made a motion to remove Section 4.10 Insurance Plan in its entirety as well as removing the following verbiage in Section 4.02: Paragraph 1, and regular part-time employees (on a pro-rated basis); Paragraph 3, Regular part-time employees are eligible to accrue PTO on a pro-rated basis at 50% of full-time rates. David Gollon seconded the motion. Motion carried.
15) Closed Session in accordance with Wisconsin Statue 19.85 (1) (c) to consider employment, promotion, employee hours, compensation or performance evaluation of any public employee of which the governmental body has jurisdiction or exercises responsibility. David Gollon made a motion to go into Closed Session in accordance with Wisconsin Statue 19.85 (1) (c) to consider employment, promotion, employee hours, compensation or performance evaluation of any public employee of which the governmental body has jurisdiction or exercises responsibility. Steven Johnson seconded the motion. Motion carried. Roll call; Gollon, yes; Blume, yes; Peterson, yes; Vanderloo, yes; and Johnson, yes. Clerk/Treasurer Sara Olson was also present.
16) Reconvene into Open Session. Steven Johnson made a motion to reconvene into open session. David Gollon seconded the motion. Motion carried.
17) Board action as a Result of Closed Session. Steven Johnson made a motion to modify Clerk/Treasurer Sara Olson’s contract removing the Insurance Plan benefit and amending her annual salary to $46,700.00 effective July 1st, 2015. Peter Vanderloo seconded the motion. Motion carried. David Gollon made a motion to ask Rural Insurance for an opinion and calculation of wages in regards to the current Worker’s Compensation Case. Peter Vanderloo seconded the motion. Motion carried. Steven Johnson made a motion to give William Blume a bonus of $35.00 for working on July 4th, 2015. David Gollon seconded the motion. Motion carried.
18) Public Comment. Town Board Member, Steven Johnson had indicated that he did some research in regards to a disc to be used for shouldering and had indicated that they are typically designed for four foot shoulders versus the smaller shoulders that are on Township roads.
19) Adjournment. Steven Johnson made a motion to adjourn the meeting at 9:18 p.m. Peter Vanderloo seconded the motion. Motion carried.

Archive:

November 13, 2024 Special Town Meeting of the Electors of the Town of Dodgeville
November 13, 2024 Public Budget Hearing
November 13, 2024 Regular Town Board Meeting
October 16, 2024 Regular Town Board Meeting
October 1, 2024 Regular Town Board Meeting
September 30, 2024 Planning Commission Meeting
September 11, 2024 Special Town Board Meeting
September 3, 2024 Regular Town Board Meeting
August 26, 2024 Planning Commission Meeting
August 26, 2024 Regular Town Board Meeting

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