Public Hearing and Regular Town Board Meeting

Call to Order. Chairperson Lyle Updike called the regular semi-monthly meeting to order at 7:30 p.m. at the Town Hall, 5556 Twin Lane Road, Marshall, WI. Supervisors Vernon Pogue and Doug Yelk, Clerk Claudia Quick, Office Assistant JoAnn Ramsfield and Road Patrolman Dennis Farrell were present. The following were also present: Jerry Derr, Jiti Agarwal, Jessica Blaska, John Blaska, Ryan Duffy, and Pat Duffy

Statement of Public Notice. The chair directed that the minutes show notice of the meeting was published in the April 23, 2009 issue of The Star. Copies were posted on the three town bulletin boards on April 24, 2009.

Pledge of Allegiance: Cindy Yelk led the pledge.

Approve Minutes of Prior Meetings: Moved by Vernon Pogue second by Doug Yelk, to approve the minutes of the April 13, 2009 Town Board Meeting.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Presentation from the Public: none

Public Hearing on Fire Prevention Code Ordinance: postponed

Adoption of Fire Prevention Code Ordinance: postponed

Consider and Take Action re: Duffy Grain use of Twin Lane Road: Duffy Grain is requesting that their trucks be allowed to use the north end of Twin Lane Road for access to Hwy 151. Pat Duffy expressed concern for the safety issue of the semi trucks at the corner of Twin Lane Road & Hwy 19; no merge lane is present. The Town of Sun Prairie and Duffy Grain entered into a road use agreement October 13, 1999. The agreement states they are to use Twin Lane Road south of railroad track to State Hwy 19. Truck traffic over 10 ton is not permitted north of the railroad track without a Weight Exemption Certificate. Each truck needs to carry this certificate in the truck. There is no cost for the permit. Road Patrolman, D Farrell addressed specification of the road construction in regard to the effects of the weight of the trucks and cost to tax payers for upkeep of the road. The north end of Twin Lane Road sub soil is not suitable to sustain heavy weight. The board will consider amending the ten ton weight limit to fifteen ton to allow Duffy Grain empty trucks to use Twin Lane from Hwy 151. Duffy Grain will need to reestablish irrevocable letter of credit in the amount of $25,000 in favor of the Town of Sun Prairie for road damage. All loaded truck will need to go south on Twin Lane to State Hwy 19.

Public comments on Regulating the Sale of Alcohol Ordinance: John Blaska and Jiti Agarwal stated their objections to the Ordinance as written and offered alternative language. Moved by Doug Yelk, second by Vernon Pogue, to go off the record, interested parties discussed changes. Doug Yelk thanked the board when reconvened for allowing the parties to discuss the issues. He stated they had reached a workable draft. The final draft would be ready for review and it would be emailed to all parties involved.

Adoption of Regulating the Sale of Alcohol Ordinance: no action taken

Repeal of Ordinances 56-1; 83-1; 80-2; 72-2; 91-1 relating to Alcohol: no action taken

Consider and Take Action: water issues in NE quarter section of section 17: The board members and property owners met at the site April 22, 2009 at 5 pm. Using a divining rod to follow the flow of water, a possible area of obstruction was located. A contractor will dig up the area. The property owners are working together to remedy the issue. The county or town does not have jurisdiction; it is a civil matter between the property owners.

Consider and Take Action re: EMS Joint Municipal Agreement: Lyle Updike reported that the work group would reconvene and continue work on the new draft agreement.

Consider and Take Action re: EMS Arbitration. No action was taken.

Consider and Take Action re: Resolution re: Prevailing Wage: Moved by Vernon Pogue, second by Doug Yelk, to support removal of the prevailing wage provision in the proposed 2009-2011 state of Wisconsin budget.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Consider and Take Action re: Operator licenses for E. Perez, T. Olson and D. Wagner: Moved by Doug Yelk, second by Vernon Pogue, to approve operator licenses for E. Perez, and D. Wagner. Moved by Doug Yelk, second by Vernon Pogue, to deny operator licenses for T. Olson

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Discussion and Action re: Addition of acceleration/deceleration lane for City street off of Bailey Road. The board members discussed the proposed new city street just north of Bailey Road, east of the Wastewater Treatment Facility on land owned by the City of Sun Prairie. The city is proposing an acceleration/deceleration lane in the Bailey Road right-of-way for vehicles turning into this area. Part of the road construction will be in the Town’s right-of-way. The town should not incur any cost. The discussion focused around the impact on the town road use, maintenance, and town residents that live along this corridor. No action was taken.

Audit and Pay Bills: The Board reviewed the list of invoices for last half of April. Moved by Vernon Pogue, second by Doug Yelk to pay the bills as presented

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Old Business/New Business

  • Poblocki Paving – Lyle Updike will be meeting with the new Cottage Grove Village President to pursue boundary discussions.
  • Court commission report – Lyle Updike reported on the Court Commission’s meeting.
    Items to Consider for Next Agenda

    • Consider and Take Action re: Amend Road Weight Limits
    • Adoption of Regulating the Sale of Alcohol Ordinance
    • Repeal of Ordinances 56-1; 83-1; 80-2; 72-2; 91-1 relating to Alcohol
    • Consider and Take Action re: EMS Joint Municipal Agreement.
    • Consider and Take Action re: EMS Arbitration
    • Consider and Take Action re: Village of Cottage Grove amendments

Correspondence:

  • Reorganization – committee assignments etc: Committee assignments to remain the same; Doug Yelk – Weed Commissioner and Vern Pogue – EMS Representative.

Set Next Meeting Date/Adjournment. The next meeting date was set for May 11, 2009, at 7:30 p.m. Moved by Doug Yelk, second by Vernon Pogue to adjourn the meeting at 10:40 p.m.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Correct Attest,

Claudia J. Quick, Clerk

Jo Ann Ramsfield, Office Assistant, Town of Sun Prairie