The Town Board of the Town of Sun Prairie met on Monday, January 22, 2007 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 and deputy clerk Joan Rademacher were present. No others were present at the meeting.

Statement of Public Notice. The chair directed that the minutes show notice of the Town Board meeting was faxed to the Capital Times and copies were posted on the three town bulletin boards on January 18, 2007.

Pledge of Allegiance. Doug Yelk led the Pledge of Allegiance.

Approve Minutes of Prior Meeting. Moved by Vernon Pogue, second by Doug Yelk to approve the minutes of the January 8, 2007 Town Board Meeting as presented.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Presentation from the Public. None.

Consider and Take Action re: Request by City of Sun Prairie to have streetlight in Town of Sun Prairie at Hwy. 19/Town Hall Road and Bird Street/Bailey Road. Clerk Quick stated that Larry Herman, Public Works Director City of Sun Prairie has requested streetlights at the above-mentioned intersections in the Town. The City of Sun Prairie would install and maintain these streetlights. Clerk Quick prepared Resolution 1-22-2007 in regards to this matter. It was moved by Vernon Pogue, second by Doug Yelk to approve Resolution 1-22-2007 which states “that the Town of Sun Prairie Town Board hereby allows the City of Sun Prairie to construct and maintain said lights.” Supervisor Yelk commented that he thought the intersection of Town Hall Road/Hwy.19 was in the country and people should not have requested a streetlight for that area. Chairman Updike stated he thought it was a safety issue.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Consider and Take Action re: Summons and Complaint for Declaratory Judgment. A Complaint for Declaratory Judgment by plaintiffs Madison Area Builders Association (“MABA”) and David G. Stauffacher (“Stauffacher”), by their attorneys Michael Best & Friedrich LLP was served against Defendant Town of Sun Prairie on January 16, 2007. This is a declaratory judgment action pursuant to Wis. Stat. 806.04, which seeks a declaration that Town of Sun Prairie Ordinance 2004-3 (“Conservation Easement Ordinance”) is unconstitutional on the grounds that it violates the takings clause of the United States and Wisconsin constitutions, it exceeds the Town Board’s zoning authority under Wis. Stat. Ch. 60 and it violates the State’s Uniform Conservation Easement Act, Wis. Stat. 700.40. Currently the Town has referred this matter to the Town’s insurance carrier and they will assign the defense to an attorney.

Consider and Take Action re: Extension of Memorandum of Understanding Between the Town of Sun Prairie and the County of Dane for the Statewide Voter Registration System. Clerk Quick explained that the County will be increasing charges for election related reports they do. The previous charge did not cover costs. Moved by Doug Yelk, second by Vernon Pogue to approve the Extension of Memorandum of Understanding Between the Town of Sun Prairie and the County of Dane for the Statewide Voter Registration System.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Audit and Pay Bills. After the Board reviewed the invoices it was moved by Vernon Pogue, second by Doug Yelk to approve the bills as presented with the handwritten additions.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion Carried.

Old Business/New Business

  • EMS Report – Supervisor Pogue shared the EMS Director’s Report dated January 15, 2007 with the Board.
  • Fire Unit Advisory Board – Chairman Updike reported on the Fire Unit meeting he attended.

Correspondence

  • Clerk Quick shared an e-mail regarding the Frozen Road Law that goes into effect January 22, 2007.
    Supervisor Yelk shared information on how to access Dane County Flood Maps.

Set Next Meeting Date. The next meeting date was set for February 12, 2007 at 7:30 P.M.

Adjournment Moved by Vernon Pogue, second by Doug Yelk to adjourn the meeting.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

The chairman declared the meeting adjourned at 9:20 P.M.

Correct Attest,
Joan M. Rademacher, Deputy Clerk