Call to Order. The meeting was called to order at 7:30 P.M. by chairperson Lyle Updike. Supervisors Vernon Pogue and Doug Yelk, clerk Claudia Quick and deputy clerk Joan Rademacher were present. Seven other people were in attendance.

Statement of Public Notice. The chair directed that the minutes show that notice of the Town Board meeting was published in the January 20, 2005 issue of the Star. A copy was faxed to the Capital Times and copies were posted on the three town bulletin boards on January 18, 2005.

Pledge of Allegiance. The Pledge of Allegiance was led by Claudia Quick.

Approve Minutes of Prior Meeting. Moved by Doug Yelk, second by Vernon Pogue to approve the minutes as presented from the January 10, 2005 meeting. Motion carried. Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Presentation from the Public. Troy Statz spoke in regards to a ticket a manure truck hauler contracted by Statz Bros. received from a State Trooper. The truck hauler had failed to get a permit from the Town and therefore received the ticket for driving on a 10-ton limit road and having a gross weight of 94,000 pounds. The ordinance pertaining to weight limits states “vehicles engaged in agricultural activities…shall also be exempt from the general weight restrictions of this Section.” The consensus of the Board was that the intent of the ordinance was to not enforce for agriculture deliveries. Chairman Updike drafted a letter to be sent to the Wisconsin State Patrol explaining the ordinance and asking to forego prosecution of the 10-ton limit. The hauler would be liable for the amount of the ticket that was over the legal weight limit of 80,000 lbs. No formal action could be taken because this issue was not on the noticed agenda. The Board will review the ordinance language at a future meeting.

Allow Public Comment, Consider & Take Action re: Petition #9167 by Dollard Family Trust to change the zoning from A-1 Ex Ag to A-2 property located at 4898 Ridge Road, section 36. John Dollard gave a brief summary of his proposal to re-zone a 60.1 acre parcel from A-1 Ex Agriculture into two A-2 Agriculture parcels of 28 acres with buildings on the east side and 32 acres west of Ridge Road to settle an estate at 4898 Ridge Road in section 36. Doug Yelk stated that the Plan Commission recommended approval of this petition with the deed restriction for no residential development on the 32-acre parcel west of Ridge Road. Moved by Doug Yelk, second by Vernon Pogue to approve petition #9167 by Dollard Family Trust to change the zoning from A-1 Ex Ag to A-2 on property located at 4898 Ridge Road, section 36 with the deed restriction for no further residential development on the 32-acre parcel located west of Ridge Road. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Hear and Take Action on Appeal by A. Bosben to re-zone a portion of his land for residential use. Alden Bosben explained why he is asking to appeal the plan commission’s denial of his preliminary proposal to change zoning from A-1 Ex Ag to residential for a lot for him. Doug Yelk, a member of the plan commission explained that the LESA score was too high where Bosben wanted to build his house. The plan commission was sympathetic, however they chose to stick to the plan and if the LESA score was too high the preliminary plan is denied. Moved by Doug Yelk, second by Vernon Pogue to approve the preliminary plan for A. Bosben to re-zone a portion of his land for residential use. Discussion followed. The Chair indicated he would entertain an alternate proposal if there were logic/cause for deviation from the LESA score. Consensus was that the Board would not go against the final recommendation of the plan commission, however; the plan commission should not feel that the LESA score binds them. Doug Yelk will return to the plan commission with the following suggestion:

Deviating from the LESA score should not be an absolute reason for denial. It should be strongly considered and excellent guidance but need to look at the individual circumstances. There must be some logic to the deviation or some benefit to the Town, such as; a conservation easement that would be greater than required.
Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Audit and Pay Bills. Moved by Vernon Pogue, second by Doug Yelk to approve the bills as presented with the additions listed. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Old Business/New Business

  • Lyle Updike reported on the Ad Hoc Committee meeting held January 20, 2005.
  • Doug Yelk reported on the Land Trust Committee meeting.
  • Vernon Pogue asked that the Board members attend the EMS meeting to be held on February 15, 2005 at 8:00 p.m.
  • Chairman Updike will be attending a Dane County Towns meeting of Chairpersons on February 16, 2005.

Correspondence.

Clerk Quick received e-mail from Gary Rehfeldt of Hazelbaker and Associates regarding the Town Conservation Easement Program. A meeting will be scheduled between representatives of the Town, Dave Gault of the Corp. Counsel’s office and Pete Conrad, zoning administrator to discuss the matter.

Set Next Meeting Date/Adjournment. The next Town Board meeting was set for Monday, February 14, 2005 at 7:30 P.M. Moved by Vernon Pogue, second by Doug Yelk to adjourn this meeting. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

The chairman declared the meeting adjourned at 10:15 P.M.

Correct Attest,

Joan M. Rademacher, Deputy Clerk