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