Despite complaints, Flying Dutchmen get permit

Noise, safety

issues raised

By KURT NESBITT

Journal Staff Writer

NEW ULM -- The neighbors of the Flying Dutchmen Cycle Club voiced concerns to county commissioners Tuesday during discussion over a conditional use permit for the club's flat race track.

The board approved the permit on the conditions that commercial recreational use of the property stays specifications state in an Oct. 1 letter. Racing activities on the flat track are restricted to one day a week excluding Sundays and cannot exceed four days a month. Racing times are restricted to 10 a.m. to 6 p.m.

That approval came after commissioners, County Administrator Charles Enter and County Attorney James Olson and Flying Dutchmen representative Ron Marquardt fielded questions and accusations from Rose Ann and Tony Sprenger, who live across a Cottonwood Township road from the track.

Rose Ann Sprenger repeatedly questioned why certain comments made at Nov. 13 Planning and Zoning Commission meeting were left out of the summary given to the board.

Planning Commission Director Jane Starz said the information is simply staff notes taken to give the county board an idea of what the commission discussed. Starz also said the meetings are not a legal record and the notes are "not verbatim."

Sprenger said she was concerned about the children in the neighborhood and said the club's track isn't fenced off and has "no caretaker." She aked about the legal implications of those things.

Marquardt said the club has 'No Tresspassing' signs posted on its property. Guggisberg said legal liability rests mainly with the Flying Dutchmen. Olson later explained that the board has no liability after it passes the permit.

"If there was abuse of the permit, it could be brought to the attention of law enforcement," Olson said.

Sprenger also questioned whether or not the club's 3.2 beer license allowed it to have parties in the woods next to its clubhouse.

Marquardt said the license requires everyone vacate the premises by 1:30 a.m., although a cleanup crew stays untill 2:30. He also said the license is for a private club and members can be on the property as long as the building is locked.

Olson said the main problem in the discussion was the legal definition of property and premises. He said the beer permit required the building to be locked, but doesn't prevent club members from camping in the woods.

Guggisberg seemed to agree and added that many bar owners live upstairs from their bars and consider their buildings their residences.

"Doesn't that mean you have to live on the premises for six consecutive months?," Sprenger questioned.

Olson said that if he were to give a legal opinion, the woods next to the Flying Dutchmen's clubhouse wouldn't be considered premises.

The center of discussion switched to the actual Flying Dutchmen track. Marquardt said the club has sponsored track races since 1995 and has used the track at the Brown County Fairgrounds with no problems. He said the club's track has embankments that help reduce noise. He also said there were six other people living on Shag Road that own motorcycles that "some people think are members, but they aren't." Marquard said Flying Dutchmen have a sign that says "Respect Our Neighbors" that they will post after hunting season.

Marquardt agreed that several comments made at the Nov. 13 Planning Commission meeting were left out of the information given to the board, but he asked the Sprengers for their preference -- the conditional use permit would limit track usage to a few weekends a month, while no permit would allow the Flying Dutchmen to use the track "any time of the day, month or year," Marquardt said. He also said that a New Ulm police officer and a Brown County Sheriff's deputy live nearby and if there were problems, it "would have raised their attention."

"The problem is the noise," Tony Sprenger said. "Because there's lots of cycles."

Rose Ann Sprenger told the board Marquardt said the club would race whether the board granted a permit or not and said the road beside the club's grounds is "an accident waiting to happen" because of the "numerous accidents" and one fatality that happened there recently. She said Marquardt said the Flying Dutchmen donate money to the State Patrol and she has had no sucess with the Brown County Sheriff's Department.

"They've said 'They can do anything they like'," Sprenger said.

Marquardt replied, stating that a county survey said the road is in good condition and that the club would not be at fault if it wasn't safe.

"If it is unsafe, that's not our fault," he said. "It's the county's."

Commissioner Donald Wellner moved to pass the permit with changes to the racing times. Chairman James Berg seconded the motion.

"Four Saturdays a month?," Sprenger interjected. "Do you know how much noise that is? Is a neighborhood bombarded with noise fair?"

Marquardt responded by pointing out that the permit allows four days a month and doesn't restrict racing to Saturdays.

Enter proposed to change the times from noon to 7 p.m. to 10 a.m. to 6 p.m.

Sprenger continued to make comments, saying the noise from the track is so bad she and her husband will have to move out of the house for three days this coming summer.

Marquardt told the board the club has offered to rent the Sprengers a hotel room for the three days, but added they had refused the offer.

Guggisberg moved to approve the changes. The changes passed at a 4-1 margin. The board then approved the permit with the changed times with a unanimous vote.

The board also:

* Approved the collective bargaining agreement for the Brown County Sherrif's Department with a unanimous vote by acclaimation. The new agreement begins retroactively on Jan. 1, 2001 and is effective until Dec. 31, 2003.

* Passed a resolution urging the state Legislature to pass special local highway legislation fund to help aid local highway construction and maintenance. The item was tabled on Nov. 6 for revision, as county commissioners the resolution's wording changed.

* Appointed Wayne Stevens as Brown County Highway Engineer. Stevens replaces Gene Isakson, who has served as an interim engineer since Jon Grindeland left the position in mid-July for his home county of Mower. Stevens' appointment ends a frustrating candidate search that nearly brought other candidates to the county twice, but ended up sending the county back to the drawing board after they accepted jobs in other counties or the private sector.

* Discussed the lay board member position and agreed to extend the terms of its two lay board members to two years.