Public Hearing* and Regular Town Board Meeting

The Town Board of the Town of Sun Prairie met on Monday August 19, 2002 at 7:30 P.M. at the Town Hall, 5556 Twin Lane Road.

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. Forty-six additional people attended the meeting.

Statement of Public Notice The chair directed that the minutes show that notice of the Town Board meeting was published in the August 15, 2002 issue of The Star. The agenda was also faxed to the Capital Times. Copies were posted on the two town bulletin boards and temporarily at Buckshot's Hwy. N on August 16, 2002.

Approve Minutes of Previous Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes of the August 1, 2002 meeting. Motion carried.

Presentation from the Public None

Report on Town Roads

a. Review and Take Action re: Road Plans for Manley Drive (west) and Road Plans for Savannah Valley Subdivision. Moved by Vernon Pogue, second by Doug Yelk to approve the above road plans. Motion carried.

Dennis Farrell requested that the Board approve the hiring of Wolf Paving to do the paving on Medina Road where the new bridge was installed. The cost would be approximately $3,000. Consensus of the board was to proceed. He also stated the shouldering is completed on Pierceville Road and he was very satisfied with the work.

*Public Hearing on Ordinance establishing Moratorium on Land Divisions in the Town of Sun Prairie. The chairman opened the public hearing. Roger Fetterly, chairman of the plan commission addressed the board with an overview of what is happening with the town plan. The plan commission has tentative drafts for 8 of the 9 elements of the plan with the land use element left. He suggests this would take 6 months to a year to complete. A public hearing will be held and approval requested from the town board. Various people spoke in favor of the moratorium. Comments were also directed to the board to keep in mind the land rights of individuals who own the land. It was brought to the board's attention to maintain the rural character but what are we doing to stop annexations from the Village of Cottage Grove, City of Sun Prairie and the City of Madison. It was noted that there is a provision for a variance that can be used in case of a hardship. The chairman closed the public hearing.

Consider adoption of Ordinance establishing Moratorium on Land Divisions

It was moved by Doug Yelk, second by Vernon Pogue to approve Ordinance 2002-2, Moratorium on Land Divisions with the amendments suggested by town attorney, Mark Hazelbaker. Motion carried. A copy of the ordinance is available at the town hall in the code of ordinances. This ordinance becomes effective upon publication in the newspaper.

*Public Hearing on Ordinance - Open Burning Prohibited except by Permit. The chairman opened the public hearing. Chairman Updike brought the public in attendance up-to-date on why a burn ordinance is being re-written. Property protection and health and safety are not working with a voluntary ordinance. Also, the board wants to bring the ordinance up to conformance with state law. Various residents of Drover's Woods expressed displeasure at being singled out as the only place in the town to be restricted from burning leaves. After a lengthy discussion the chairman closed the public hearing.

Consider repeal and recreating the Town's Open Burning Ordinance with adoption of Ordinance - Open Burning Prohibited Except by Permit. Moved by Lyle Updike, second by Vernon Pogue to defer action on the open burning ordinance to the next town board meeting on September 9, 2002 and that revisions discussed be forwarded to the town attorney for review. There will be no public hearing at that meeting.

*Public Hearing - Consider Zoning Petition #8497 by D. Riesop to change the zoning from A-1 Ex Ag to A-2 and RH-2 on property located at and west of 1733 Connors Road. Dave Dinkel, a realtor with Property Shop, spoke on behalf of Dave Riesop explaining the zoning change requested. The consensus of the board was that they could not support this petition because they do not want to take land out of agriculture use. Moved by Doug Yelk, second by Lyle Updike to deny Petition #8497. Motion carried.

*Public Hearing - Consider Zoning Petition #8499, Conditional Use Permit #1792 by T. Krisher to change the zoning from A-2(4) to C-2 to allow for auto and farm machinery repair at 5204 Pierceville Road. The chairman opened the public hearing. Ted Krisher explained the reason he would like to have the zoning changed on his property. He has been a resident in the Town running his business for 14 years and would like to be in compliance with the correct zoning. Various people spoke in favor of this petition. No one spoke against. The chairman closed the public hearing. Moved by Vernon Pogue, second by Doug Yelk to approve Petition #8499 to allow auto and farm machinery repair, storage and service as allowed in sub (b) of permitted uses in C-2 zoning. Motion carried.

a. Consider and Take Action re: Conditional Use Permit #1792 to allow residence for caretaker (owner). Moved by Doug Yelk, second by Vernon Pogue to approve conditional use permit #1792 to allow residence for caretaker. Motion carried.

Consider and Take Action re: CSM for two lots by R. Dorshorst on Ridge Road.

Moved by Vernon Pogue, second by Lyle Updike to approve the CSM. When the vote was called there were 2 aye votes from Lyle Updike and Vernon Pogue with 1 nay vote from Doug Yelk. Motion carried.

Consider Petition #8438 (Dorshorst) as amended by the Town. Moved by Vernon Pogue, second by Lyle Updike to approve petition #8438 as amended. When the vote was called there were 2 aye votes from Lyle Updike and Vernon Pogue with 1 nay vote from Doug Yelk. Motion carried.

Consider Preliminary Plans by G. Smith to create residential parcels, section 18, west of 1787 Clarmar Drive. Consensus of the board is they cannot support this petition because of the problem of providing services for the road. Clarmar Drive is located on the west side of the city which requires traveling the entire distance of the city for plowing and maintenance.

Consider Preliminary Plans by P. Niesen to create residential parcel on Pierceville Road, Section 35. Consensus of the Board is they cannot support this petition. Do not want to take land out of agriculture use and the board recently allowed the creation of 4 lots on non-agriculture land. The land in question has the same owner.

Consider Preliminary Plans by Sharon Deneen to create residential parcel on Ridge Road. Consensus of the Board was that she could proceed. She would be creating a residence on the family farm.

Consider Concept Plan and Preliminary CSM for Commercial Property owned by G. LaRue, Section 32. Dan Birrenkott of Birrenkott Surveying and Gary LaRue presented a plan for the commercial property in question. The board reviewed the plan and made suggestions. Questions about the road and making a turn around for trucks to use in lieu of LaRue Lane were discussed. They will revise and be on a future agenda.

Consider Preliminary Plans by S. Drunasky to separate residence from farmland, to create 4 lots, Section 16. Steve Drunasky presented his plan to the board. He wishes to create 4 lots with one being a lot for a duplex that would be his residence and the other side for his mother when needed. A separate lot with house and some buildings, a lot with the barn on it and another lot. The board stated this is in the ETJ area of the City of Sun Prairie and they should check with them on this division. The board consensus was that they were comfortable with creating a lot for the duplex but not the other lots until the town plan is completed.

Consider and Adopt Resolution setting fees for Town. Moved by Vernon Pogue, second by Doug Yelk to approve the resolution. Motion carried.

Consider and Take Action on Sub 1 to Ordinance Amendment 31 as amended by the County Board. Moved by Doug Yelk, second by Vernon Pogue to approve Sub 1 to Ordinance Amendment 31 as amended by the County Board. Motion carried.

Chair to reappoint two members to plan commission. Chairmen Lyle Updike reappointed Alan Meyer and Mary Frances Troudt to a 3-year term on the plan commission. Moved by Doug Yelk, second by Vernon Pogue to confirm the appointment. Motion carried.

Audit and Pay Bills Moved by Vernon Pogue, second by Doug Yelk to pay the bills as presented along with the EMS bill and additional bills listed. Motion carried.

Old Business/New Business Chairman Lyle Updike reported he and Roger Fetterly, chairman of the plan commission will be meeting with City of Sun Prairie officials to discuss land use on Thursday, August 29, 2002. Clerk Claudia Quick reported the population estimate for the Town of Sun Prairie for 2002 is 2341.

Correspondence None

Next Meeting Date/Adjournment The next meeting date was set for Monday, September 9, 2002 at 7:30 P.M. Moved by Vernon Pogue, second by Doug Yelk to adjourn the meeting. Motion carried. The chairman declared the meeting adjourned at 12:40 P.M.

Correct Attest,

Joan M. Rademacher, Deputy Clerk