The Town Board of the Town of Sun Prairie met on Monday, August 28, 2006 at 7:30 P.M. at the Town Hall, 5556 Twin Lane Road, Marshall, Wisconsin.

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, deputy clerk Joan Rademacher and highway patrolman Dennis Farrell were present. State Senator Mark Miller, attorney Mark Hazelbaker and Neal Tessmann attended the meeting.

Statement of Public Notice. The chair directed that the minutes show notice of the Town Board meeting was published in the August 24, 2006 issue of The Star; notice was also faxed to the Capital Times. Copies were posted on the three town bulletin boards on
August 25, 2006.

Pledge of Allegiance. Joan Rademacher led the Pledge of Allegiance.

Guest – Wisconsin Senator Mark Miller, General Discussion. Senator Miller thanked the Board for the opportunity to come to a meeting and meet with the people he is representing. He stated that issues of interest are health care and the environment. He talked about the Taxpayer Protection Amendment. He was a contributing sponsor of a State program to help the people affected by the tornado that went through the Stoughton area last year as no FEMA money was available for those residents. Chairman Updike asked about impact fee legislation, levy limits imposed on Towns and the amount of money received from Dept. of Transportation for miles of roads.

Approve Minutes of Prior Meetings. Moved by Vernon Pogue, second by Doug Yelk to approve the minutes of the July 24, 2006 Town Board Meeting as presented.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Presentation from the Public. None.

Report on Town Roads. Dennis Farrell reported on the following:

  • Fixing the soft spots on the roads being reconstructed will cost an additional $10,000 to $12,000. Paving of these roads has been delayed because of the weather.
  • Town of Burke has reconstructed Thorson Road. We do not know what the cost to the Town of Sun Prairie will be for our portion of this road.
  • Crackfilling Service will be spot sealing when weather permits.
  • Discussed the damage caused to roads by the garbage trucks incorrectly braking.
  • Salt has been delivered and estimate that there is 440-450 tons of salt in the shed.
  • There are washouts on Tennant Road due to the fact that there is no culvert at the entrance of Mundt’s gravel pit. Consensus was to draft a letter to R. Mundt asking that a culvert be installed.
  • Weeds were mowed on a portion of Burke Road because of complaints.
  • The Town has no use for a 2-½ ton military trailer that was purchased with the generators. Consensus was to sell it through the bid process.

Consider and Take Action re: Revised CSM for N. Tessmann. Moved by Doug Yelk, second by Vernon Pogue to approve the CSM as presented.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Consider and Take Action re: Letter of Credit for LaRue Fields Johnson Bank sent a letter to the Town of Sun Prairie stating the Standby Letter of Credit SLC-8870 – LaRue Fields, in the amount of $85,000.00, will expire on September 21, 2006. Dennis Farrell, highway patrolman, received a letter from Belken Engineering detailing the summary of work that needs to be completed. Clerk Quick stated D. Huston had called and thought the letter of credit should be extended to May 2007. He also wants to work with Dane County Highway to get access to CTH TT.

Consensus of the Board was to ask Belken Engineering for a cost estimate of the work to be completed. This will be on the agenda for the September 11, 2006 Town Board meeting.

Consider and Take Action re: Compliance with National Incident Management. The Board addressed the Statement of Compliance form sent by NIMS (National Incident Management System). The Board went through the form and answered all the questions. This form is due at Dane County Emergency Management by September 1, 2006.

Consider and Take Action re: Five Operator license applications. The Board reviewed the applications, history checks and class certificates for Brandon Peterson, Mandip Singh, Joey Liska, Jr., Mansesa Agarwal and Shirley Oliver. Moved by Vernon Pogue, second by Doug Yelk to approve operator licenses for those listed above.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Audit and Pay Bills. The Board reviewed the invoice listing. Moved by Vernon Pogue, second by Doug Yelk to approve payment of bills as presented including the handwritten additions.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion Carried.

Old Business/New Business

  • EMS public hearing to approve the budget will be held Thursday, September 14, 2006 at 7:00 p.m.
  • The advisory committee for the fire department will meet on Wednesday, September 20, 2006 to approve the budget.


  • Discussion – letter received from Michael Best & Friedrich LLP Attorney Mark Hazelbaker stated that the Town of Sun Prairie has been a pioneer in adopting a Town Ordinance that states any person that creates a new residential lot out of A-1 Ex Agriculture land must record a conservancy easement of 2 acres for every 1 acre taken out of A-1 Ex Ag. The Town has received a Notice of Claim and Claim from Michael Best & Friedrich LLP agent for the Madison Area Builders Association and David Stauffacher relating to Town of Sun Prairie Ordinance 2004-3 concerning the establishment of a conservation easement program on the grounds that the Ordinance is unconstitutional. After discussion Board consensus is that Attorney Hazelbaker respond to Attorney Eric McLeod. Attorney Hazelbaker indicated that the claim is premature. Mr. Stauffacher is scheduled to be on the Plan Commission Agenda on September 18, 2006.
  • Maps from Madison Metropolitan Planning Organization show the planned highway projects through 2011.
  • Food service inspection report for Sun Prairie Citgo.
  • Equalized value report for the Town of Sun Prairie from the State of Wisconsin – Dept. of Revenue. Chairman Updike asked that Clerk Quick send this information to Angie White at the Fire Dept.
  • Wisconsin Dept. of Administration preliminary estimate of the January 1, 2006 population for the Town of Sun Prairie is 2,365.
  • Dane County Planning & Development issued a violation for an addition to accessory building with no zoning permit at 5227 Pierceville Road.

Set Next Meeting Date & Agenda. The next meeting date was set for September 11, 2006.
Voting AYE: Pogue and Yelk
Voting NAY: None
Absent: Updike
Motion carried.

Adjournment Moved by Vernon Pogue, second by Doug Yelk to adjourn the meeting.
The chairman declared the meeting adjourned at 10:00 P.M.

Correct Attest,
Joan M. Rademacher, Deputy Clerk