The Town Board of the Town of Sun Prairie met on Monday, February 11, 2008, at 7:30 p.m. at the Town Hall, 5556 Twin Lane Road, Marshall, WI.

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 treasurer Cindy Yelk were present. Blair Moldenhauer was also present.

Statement of Public Notice The chair directed that the minutes show notice of the meeting was published in the February 7, 2008 issue of The Star; notice was also faxed to the Capital Times. Copies were also posted on the three town bulletin boards on February 8, 2008.

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 January 28, 2008 Town Board meeting.

Voting Aye: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Presentation from the Public:  None

Report on Town Roads The Road Patrolman was not present, but the clerk reported for him. Keyes is moving snow back to widen the road area and slow the drifting. Air brakes were out on Wes’s truck, but it was fixed prior to the most recent storm.

Public Hearing on Amendments to Ordinance related to Parking Restrictions on Town Roads regarding citation amounts. The board is proposing an amendment, which would increase the citation amounts for parking on town roads December 1 through April 1. Section 3. Penalty of the Ordinance would now read as follows: "Any person who violates section 1, of this ordinance shall forfeit not less than ten nor more than twenty-five dollars for the first violation during the prohibited period beginning December 1 to April 1. The second violation, during the prohibited period shall forfeit not less than twenty-five nor more than fifty dollars. The third violation and all subsequent violations shall not exceed one hundred dollars. Each day, or partial day, of continued violation shall constitute a separate offense.

In addition, without limiting the authority of the Town to impose the forfeiture, the Town may cause a vehicle parked in violation of this ordinance to be towed at the owner’s expense.

No one appeared at the public hearing.

Consider Adoption of Amendment to Ordinance Related to Parking Restrictions. Moved by Vernon Pogue, second by Doug Yelk to approve adoption of the following amendment: "Any person who violates section 1, of this ordinance shall forfeit not less than ten nor more than twenty-five dollars for the first violation during the prohibited period beginning December 1 to April 1. The second violation, during the prohibited period shall forfeit not less than twenty-five nor more than fifty dollars. The third violation and all subsequent violations shall not exceed one hundred dollars."

Voting Aye: Updike, Pogue and Yelk

Nay: none

Absent: none

Motion carried

Consider and Take Action re: Blair Moldenhauer plan for rezone and road construction, section 17. Mr. Moldenhauer explained that he is planning to develop a driving range. The clerk requested that he talk with the Board concerning the previous developers agreements amendment regarding the completion of the road east of the cul-de-sac. In 2004 Mr. Moldenhauer signed an amendment to his developers agreement indicating that he would need to complete Deer Creek Run prior to obtaining an occupancy permit. There was lengthy discussion concerning the timing of any road construction. Moved by Doug Yelk, second by Vernon Pogue to amend the Developer’s Agreement of September 2, 2004, (with respect to road construction and occupancy permits) to say that "the Town Board will allow an exception for a recreational use building adjacent to the current finished roadway". The intent is that a recreational use building can be given an occupancy permit, if it is built adjacent to the completed portion of Deer Creek Run, without impacting on the requirement to complete the road as described in the Developer’s Agreement amendment of 9/2/2004.

Voting Aye: Updike, Pogue and Yelk

Nay: none

Absent: none

Motion carried

Consider and Take Action re: Village of Marshall Request for Arbitration regarding EMS The Village of Marshall is objecting to The Town of Sun Prairie’s selection of Jerry Derr as arbitrator. No action was taken. The chair asked the item be on the next agenda.

Consider and Take Action re: Change of Day for Curbside Collection. Moved by Vernon Pogue, second by Doug Yelk, to work with Waste Management concerning the change of collection day from Tuesday to Friday.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Consider and Take Action re: Resolution allowing the Clerk to Appoint Registration Deputies. The resolution allows the Clerk to appoint registration deputies for use on Election Day to assist with registration of non-registered voters as they come to the polls. Moved by Doug Yelk, second by Vernon Pogue to approve said resolution.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Audit and Pay Bills The Board reviewed the list of invoices for February. Moved by Vernon Pogue, second by Doug Yelk to pay the bills, with the addition of the handwritten items.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Set Next Meeting Date/Adjournment. The next meeting date was set for February 25, 2008, at 7:30 p.m. Moved by Vernon Pogue, second by Doug Yelk to adjourn the meeting at 9:15 p.m.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Correct Attest,