Moved by Rebout, seconded by Fox, to approve this request for rezone from SFRR to A-3 for Bruce Monson. Motion carried on voice vote. B.

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1 August 7, 2017 Town Board MINUTES OF REGULAR MEETING Town Board Town of Janesville, Wisconsin August 7, 2017 Posted: Friday, August 4th, 2017 at the Town Office, Lion's Quick Mart, Consolidated School and Members Present: Chairman Bruce Schneider, Supervisors Gary Fox, David Rebout, Lon Coplien and Janet Kassel Members Absent: None Others Present: Clerk Linda Fewell, Treasurer Peggy Augustine, Attorney Jamie Olson, Constable Archie Henkelmann, (45) members of the public. Meeting called to order, by Chairman Schneider, at 7:35 p.m., at the Town Hall, 1628 North Little Court, Janesville, Wisconsin, followed by the pledge of allegiance. 1. Minutes of previous Meeting Moved by Fox, seconded by Kassel, that the minutes of the regular meeting held July 10, 2017 be approved as presented, Motion carried on voice vote. 2. Financial Report Moved by Rebout, seconded by Fox, that the financial report ending July 31, 2017 be accepted as presented by Treasurer Augustine. Motion carried on voice vote. 3. Citizen Participation 1) Doug Rebout- just a reminder of the Nutrients & Nitrates seminar August 18, ) Greg Neumann- would like to have pedestrian walking sign on Britt Rd. Then every road would request the same thing. No money wear florescent orange. 3) David Rebout- Was approached by John Traynor from the County, wanting to know if the Town would like to have a Maintenance man to watch out for road sings, pot holes, trash, trees that need trimming. Things that are in need and can be taken care of quicker. This will be on the September agenda. 4. Committee Recommendations- A. Request, from Bruce and Lynn Monson 602 E Milwaukee Janesville, WI Parcel is located on Hackbarth Rd. For a rezone from SFRR to A-3, 5.36 acres +/- section On the property as Follows: Part of the PT NE1/4 SW1/4 CERTIFIED SURVEY MAP VOL 21 PG 294 LOT 1 Section 15, T.3N, R.12E, OF THE 4th P.M.., Janesville Township, Rock County, Wisconsin. Parcel # Tax ID Planning and Zoning approved this rezone request to change from SFRR to A-3 by a vote of 6-1. The request is because he wants larger out buildings that A-3 would allow, and 1 large animal per acre. Greg Gensler, asked if this would be additional parking for the Tree House? Not permitted per our Town Attorney. Janet asked if the sole reason for the rezone was to sell to Matthew Rucks, Yes, but also for the larger out buildings.

2 Moved by Rebout, seconded by Fox, to approve this request for rezone from SFRR to A-3 for Bruce Monson. Motion carried on voice vote. B. Request, from Matthew Rucks 2817 Spaulding Ave Janesville, WI Parcel is located on Hackbarth Rd. For a Conditional Use Permit for a Home Occupation on this parcel, 5.36 acres +/- section Store fire wood, logs and wood chips for pickup or delivery. On the property as follows: Same as listed above. Planning and Zoning recommended to table this request for Matthew Rucks, for various reasons. Person requesting this is not the owner of the property, no house on the property, no out buildings on the property. Home occupation may not even apply for this type of business. Table for one year and would need to be a regular scheduled meeting. Elizabeth Branasinki, spoke against this request as they just have moved out there at 3377 N. Hackbarth Rd and there was no noise of big trucks entering the property behind them, it was peaceful now it is not. Gary Fox- with a Conditional Use Permit is storing wood chips, logs fire wood allowed on A-3 property. Greg Gensler-Rucks is already storing equipment, and wood chips are being piled. Sheila Everhart- When is the equipment going to be moved? Attorney Olson stated that everyone must follow the Town Ordinance s. We need proof, also must follow burning ordinance. Nathan Stapleton- can they bring in trees? No, per Jamie. Closed hearing Moved by Fox, seconded by Coplien, to table this request for 1 year and only to be held at a regular scheduled planning and zoning meeting. Also noted that there is NO guarantee that this will pass in the future. Motion carried on voice vote. C. Request, from Porsche Lynn Kettelhut 2320 N. Dani Dr. Janesville, WI for a Conditional Use Permit for an Additional 2 more horses. Property is currently zoned A-3, has 8 horses and a total of 6.34 acres +/-, there are 2 parcels each is /- and /- On the properties as follows: Part of the PT NW ¼ of the NW¼ & SE ¼ NW ¼ HIGH POINT ESTATES, LOT acres. Part of the PT NW ¼ of the NW¼ & SE ¼ NW ¼ HIGH POINT ESTATES, LOT 2. Section 20, T.3N, R.12E, of the 4th P.M.., Janesville Township, Rock County, Wisconsin. Parcel # A / TAX ID and Parcel # B / TAX ID Porsche 2320 Dani Dr. wanted clarification as to why she is being turned down. Manure, she would be willing to have it removed from property, maybe extra cans. Run off, Mike Smith was not concerned one way or another. There is a 6-7 foot retaining mound of dirt and had no issues with this year rains. She is looking for solutions to remain with the 8 horses: Janet Kassel asked her how long it would take to get rid of the 2 extra horses, Porsche mentioned Dee Dee and Kelly, and each case is different it s like apples to oranges. Porsche has people to help out with the horses and the horses are getting unlimited hay and grain. Note also from Clerk Fewell, Porsche knew well before she got the extra horses that 6 is what was allowed. She questioned the clerk before getting them. She has had them for 1 year and 7 months breaking the ordinance of 1- large animal per acre. Greg Newmann 2324 N Britt Rd is against her having 8 horses, she broke the rules and she knew she was only allowed to have 6 horses

3 before she got two more. The grass is all ate down. John Kellelhut Dani Dr. Water has always been a concern and this was taken into account when subdivision was built. Dirt berm is creating a wall to retain water in corner of the lot. Chairman Schneider read a letter from Michael Vogel against the request to have the 2 extra horses. On file. Closed to public hearing. It was also brought up that Porsche has two dogs that are not vaccinated or licensed failure to abide in the Town Ordinance s. Moved by Coplien, seconded by Fox, to deny the request for 2 additional horses. Get down to 6 horses by November 30th, 2017 or we will start legal action. Motion carried on voice vote. 5. Unfinished Business A. Discussion and possible action regarding the Tree House Bar & Grill, loud music, patron s vulgar language, etc. Chairman Schneider- has been out to the Tree House 3 different times with bands and music and feels it was not too loud. Normal conversation could be carried on without shouting. Bruce read letter that was dropped off by Sheryl Gensler, (on file). Attorney Olson explained that license have a whole procedure to revoke and will not happen tonight. Greg Gensler N. Cty Rd E questioned the license to have another bar in the pavilion? The license issued covers the extensions listed on the application. That includes the pavilion, grass area, picnic area, and parking lot. No one here at issue time. Sheryl Gensler-3348 N. Cty Rd E, have the music inside the bar building. Greg Gensler N. Cty Rd E, the music gets turned down when we are there and then when we leave it gets turned back up. The one man band was good no drums, no bass. Sheryl Gensler N. Cty Rd E, Bruce, Lon, Brian Williams and the man from Rock County Cycle agreed music was too loud, and turned it down several times. David Rebout- supervisor, went out there July 25th, 2017 stopped on Hackbarth Rd and thought music was ok, out there on the 28th thought that was just the same. Robert Lipke N. Hackbarth Rd, music was silent when it was in the bar, now it is so loud the windows vibrate, people jumping the fence and he leaves home because of noise. Janet Kassel supervisor, asked Attorney Jamie Olson how long is the process to revoke? Over a month, bands will be done and we could revisit the extensions next year. Greg Newmann N. Britt Rd, was in many bands and maybe if you reposition the band that could help a lot. Attorney Olson explained that even years renewal could be turned down for just cause. Maybe they can negotiate something so we can put this to rest. Mike Kalva-3328 N Hackbarth Rd, works 3rd shift. Karaoke too loud, can hear conversations up and down Hackbarth Rd. Motor cycles rev up and peel out. Jamie Olson- Attorney County noise Ordinance, refers to decidable levels. Greg Newmann N. Britt Rd decidable levels are a gray area. Sheila Everhart Cty Rd A, speaking for 12 minor children in the

4 neighborhood. Loud music effects hearing and can cause health issues. Sheryl Gensler 3348 N. Cty Rd E, the vibrations in her chest by the amplified music is the problem. 1 man band is better. Amber Mitchell- Noise, yelling over the fence. Deputy Rabie Sheriff s Department- in the Departments opinion the Tree House has bent over backwards to try and appease the neighbors. Everything they have done as far as parking, traffic, turning music down, ending music at a reasonable hour. There have been NO citations, No warnings. Not breaking the law. Nate Stapelton N. Hackbarth Rd, very loud played video of night after meeting 7/11/17 at 7:08pm with windows closed in daughter s bedroom. Janet Kassel- supervisor have the Tree House and Neighbors worked on a solution? Bruce Schneider- Town Chairman, mentioned Ray Gehrig s shooting range and the neighbors working out a solution. Certain days and times of shooting. Not one complaint since they agreed. Attorney Warner- 101 E Milwaukee St suite 101, willing to work with neighbors, this has not been proof for revocation. Attorney Olson- revocation is not on the table tonight. Attorney Warner- Mr. Williams has reached out to the neighbors. Attorney Olson- are you willing to keep music in the bar? Attorney Warner- No, not willing to put up a wall. Sheryl Gensler- anyone can come to my house. The sounds are different from sitting in a car. And she disagrees with the Sheriff s department. Bruce Schneider- Town Chairman, could everyone try to set certain times and number per month? Lon Coplien- supervisor, bar needs to come up with a list of solutions, panels, fence, position the band differently. Sound proof the building. Attorney Olson- tree House and Neighbors need to come together, sound barriers, meditator, come to some common ground. Janet Kassel- supervisor Brain storm with a meditator and everyone walks away with something and gives something. Lon Coplien- supervisor, commit to Megan about living next door to a bar with a one year old, you wouldn t want the noise either. Gary Fox- supervisor, questioned Deputy, do they drive around the bar for the noise before going in? He heard music but did not feel it was excessive. Lon Coplien disagreed with the officer thought it was too loud. Bar needs a plan before next year licensing renewal. Gary Fox- supervisor, asked if volume is louder at different spots. Lon Coplien- supervisor, asked deputy id there was a car in a parking lot by Milton Ave. and a complaint got called in that music was too loud, what would he do? Address the complaint. Greg & Sheryl 3348 N Hackbarth Rd, have not called one time since the July meeting to give the board members a chance to listen to the music. Amber Mitchell- noise is being manipulated by knowing a Deputy is around. Lon Coplien- supervisor, still looking for a solution to get noise under control.

5 Attorney Olson- states that chapter 125 is the statues to proceed to revoke license. That would need to be followed 6. New Business A. Building Inspector Report All good, no questions. B. Tim Fisher, 3761 N. Harvest View Dr. still has the 3 dogs, the 4th dog is a visiting dog from a friend in Evansville. Is there a rule against babysitting a dog? Complaint from Gary Fox, dogs are not leashed, dogs are running out at residents. Tim said he does not take the dogs out front. Statues apply to Town residents must have dogs under control. Dale Prebe- states that Tim has much better control of the dogs this year. Dale asked if there is a leash law. Keep dogs on your property. Case closed- no action required. Moved by Fox, seconded by Coplien, to approve the Operator License application for Angelea Arthur to expire June 30, C. Discussion on the 2017 Town Budget- tabled for now. Going to hold off on the culvert on Phal Rd. D. Clerk will be out of the office on August 31, Reports by Town Attorney - Nothing Correspondence A. Sheriff report-- on file with clerk Vouchers 8. Moved by Fox, seconded by Coplien, to approve vouchers # 237 through # 258 for payment. Motion carried on voice vote. 9. Adjournment Moved by Fox, seconded by Kassel, to adjourn. Motion carried on voice vote. Meeting adjourned at 9:54 p.m. Minutes approved ( ) with ( ) without corrections, Linda Fewell, Town Clerk Town Chairman Bruce Schneider,