The Town Board of the Town of Sun Prairie met on Monday, February 26, 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 and deputy clerk Joan Rademacher were present. Steve and Kathleen Coleman, Bob Heinemann, Troy Statz and Attorney Mark Hazelbaker were present at the meeting.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the February 22, 2007 issue of the Star and a copy was faxed to the Capital Times. Copies were also posted on the three town bulletin boards on February 23, 2007.

Pledge of Allegiance Joan Rademacher led the Pledge of Allegiance.

Approve Minutes of Prior Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes of the February 12, 2007 Town Board Meeting as presented.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Presentation from the Public None.

Allow Public Comment – Consider and Take Action re: Petition #9653 by S. Coleman to change the zoning from A-1 Ex Ag to A-2 (1) Agricultural to allow construction of addition to existing home at 2065 CTH T, section 23 Steve Coleman explained that he owns a farm of 72 acres which is zoned A-1 Ex Ag. He wanted to put an addition on that is greater than 50% of the existing home. In order to do that Dane County required them to submit a farm plan. The County determined that they did not qualify because the farm plan submitted did not show a history of the farming they are going to do. The County suggested they spot rezone to A-2 (1). Supervisor Yelk reported that the Plan Commission recommends approval of this petition. Moved by Doug Yelk, second by Vernon Pogue to approve petition #9653 by S. Coleman to change the zoning from A-1 Ex Ag to A-2 (1) Agricultural to allow construction of addition to existing home at 2065 CTH T, section 23.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Allow Public Comment – Consider and Take Action re: Petition #9655 by K. & J. Rademacher to change the zoning from A-1 Ex Ag to RH-1 Rural Homes to separate buildings from farm at 1794 CTH T, section 13 Joan Rademacher stated that her family purchased the farm located at 1794 CTH T and that they wished to rezone the farm buildings and residence in order to sell the property. Supervisor Yelk reported that the Plan Commission recommends approval of this petition. Doug Yelk moved to approve petition #9655 by K. & J. Rademacher to change the zoning from A-1 Ex Ag to RH-1 Rural Homes to separate buildings from farm at 1794 CTH T, section 13, second by Vernon Pogue.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Consider and Take Action re: CSM for Petition #9655 – Rademacher Moved by Vernon Pogue, second by Doug Yelk to approve CSM for petition #9655 with the addition of the following language, "as owner of Lot 1 of this certified survey map, I hereby stipulate that I and my heirs or assigns will not object to any of the legally permitted uses that occur on the adjoining property".
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Consider and Take Action re: CSM for R. Heinemann, section 34 Bob Heinemann explained that he would like to divide a lot he owns, into 2 lots. This CSM shows 66 feet of owned frontage off of Creek Haven Road; and, shows the 66 feet easement off of Kramer Court that is the practical access to the lot being created. Supervisor Yelk stated that Heinemann came to a plan commission hearing and the plan commission requested that he go to the fire chief and EMS director and have them approve the driveway specifications and any turnarounds or passing lanes that would be required. Mr. Heinemann has hired an engineer to design this road. After considerable discussion it was moved by Doug Yelk, second by Vernon Pogue to approve the CSM for R. Heinemann, section 34 with the following conditions:
1. That the driveway meet all the floodplain requirements;
2. That additional passing lanes and ample turnaround be installed as requested by the fire department;
3. Add the adjoining use language.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Presentation by Statz Bros. Re: Anaerobic Digester for farm. Consider and Take Action re: Request for Letter of Support. Troy Statz of Statz Bros. Inc. requested the Town Board write a letter of support to install an anaerobic digester. He explained that there are cost-sharing grants available through the USDA. It was moved by Doug Yelk, second by Vernon Pogue to draft a letter of support for Statz Bros. Inc. concerning an anaerobic digester.
Voting AYE: Updike, Pogue and Yelk
Voting NAY: None
Absent: None
Motion carried.

Motion to go into Closed Session (ss. 19.85 (1)(g)) to confer with legal counsel regarding current litigation – Madison Area Builder Association and D. Stauffacher v. Town of Sun Prairie. Moved by Vernon Pogue, second by Doug Yelk to go into closed session (ss, 19.85 (1) (g)) to confer with legal counsel regarding current litigation – Madison Area Builder Association and D. Stauffacher v. Town of Sun Prairie.
Roll Call Vote: Updike – AYE, Pogue – AYE, Yelk – AYE
Vote unanimous to go into closed session.
Motion carried.

Closed Session to confer with legal counsel re: above.

Reconvene in Open Session. Moved by Doug Yelk, second by Vernon Pogue to reconvene in open session.
Voting AYE: Updike, Pogue and Yelk
Vote unanimous to reconvene in open session.
Motion carried.

Take any action/vote required following and pertaining to the above closed session.
No action taken.

Motion to go into Closed Session (ss. 19.85 (1)(e)) to review maps relative to proposed boundary agreement with City of Sun Prairie. Moved by Vernon Pogue, second by Doug Yelk to go into closed session (ss. 19.85 (1) (e)) to review maps relative to proposed boundary agreement with City of Sun Prairie.
Roll Call Vote: Updike – AYE, Pogue – AYE, Yelk – AYE
Vote unanimous to go into closed session.
Motion carried.

Closed Session to review maps re: item 13.

Reconvene in Open Session. Moved by Vernon Pogue, second by Doug Yelk to go into open session.
Voting AYE: Updike, Pogue and Yelk
Vote unanimous to reconvene in open session.
Motion carried.

Take any action/vote required following and pertaining to the closed session. No action taken.
Review draft proposal of the Intergovernmental Agreement between the Village of Cottage Grove and the Town of Sun Prairie. There was no draft proposal to review.

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 stated that the Marshall EMS was recognized for 30 years of service at the Dane County EMS meeting. There will be a summer appreciation for the EMT’s and their families at a park.
Correspondence
• Chairman Updike reported on the Northeast Community Court meeting held on Monday January 29, 2007. All board members received a copy of the 2007 budget, forfeiture reports, financial reports and court log from 2006.
• Chairman Updike received a copy of the regional transportation 2030 plan. This will be on the March 12, 2007 agenda for review and discussion.

Set Next Meeting Date The next meeting date was set for March 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 10:10 P.M.