TOWN OF SUN PRAIRIE

TOWN BOARD MEETING

March 28, 2005

 

The Town Board of the Town of Sun Prairie met on Monday, March 28, 2005 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. Ten additional people were in attendance.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the March 24 issue of the Star and a copy was faxed to the Capital Times. Copies were also posted on the three town bulletin boards on March 23, 2005; an amended copy was posted March 27, 2005.

Pledge of Allegiance The Pledge of Allegiance was led by Claudia Quick.

Approve Minutes of Prior Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes as presented from the March 14, 2005 meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Presentation from the Public John Blaska inquired on the status of the abandoned vehicle ordinance. Chairman Updike stated that the Town is working with the County on enforcement and that all complaints be submitted to the County in writing.

Allow Public Comment, Consider and Take Action re: Petition #9165 by J. Lowrey (Benesh Estate) to rezone 22 acres from A-1 Ex Ag to A-2 for zoning compliance Jim Lowrey stated the Benesh Estate is amending their zoning petition as of March 21 with the Plan Commission by dropping the A-B request. They now request that 22 acres be rezoned from A-1 Ex Ag to A-2 to bring the property into zoning compliance. He also asked that the restriction of one animal unit per acre be removed. Doug Yelk commented on the plan commission recommendations. After discussion it was moved by Doug Yelk, second by Vernon Pogue to approve petition #9165 to rezone 22 acres from A-1 Ex Ag to A-2 for zoning compliance with the deed restrictions of no further residential development and no utilities.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Consider and Take Action re: CSM for Benesh Estate property Moved by Doug Yelk, second by Vernon Pogue to approve the CSM for the Benesh Estate property with the corrected road right-of-way of 33 feet and the addition of neighboring use language as follows: "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

Motion carried.

Allow Public Comment, Consider and Take Action re: Petition #9182 by F. Blaska to rezone 1 acre from A-1 Ex Ag to A-2 to create separate non-residential parcel Fran Blaska stated he would like to convey this land to his son Kirk. Moved by Doug Yelk, second by Vernon Pogue to approve petition #9182 to rezone 1 acre from A-1 Ex Ag to A-2 to create a separate non-residential parcel along with the deed restriction of no further residential development.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Consider and Take Action re: CSM for Blaska property Moved by Doug Yelk, second by Vernon Pogue to approve the Certified Survey Map for Blaska property with the addition of the neighboring use language.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Allow Public Comment, Consider and Take Action re: Petition #9199 by H. Kuhman & P. Bullwinkel to rezone 7.3 acres from A-1 Ex Ag to A-2 for zoning compliance and C-1 for garden center/nursery business Heidi Kuhman spoke on this request. She asked that the board reconsider the hours of operation. After discussion, it was moved by Doug Yelk, second by Vernon Pogue to approve petition #9199 by H. Kuhman and P. Bullwinkel to rezone 5.8 acres from A-1 Ex Ag to A-2 for zoning compliance and 1.5 acres C-1 for garden center/nursery business with the following restrictions:

  1. Hours of operation: 8:00 a.m. to 7:00 p.m. Monday thru Saturday; 10:00 a.m. to 5:00 p.m. Sundays
  2. Lighting visible from outside, except for security lights, permitted between 10:00 a.m. and 7:00 p.m.
  3. Permitted uses limited to retail sales and services.
  4. Permitted uses limited to wholesale of nursery items.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Consider and Take Action re: Request by H. Kuhman and P. Bullwinkel for Conditional Use Permit #1953 for agricultural use in the C-1 District Moved by Doug Yelk, second by Vernon Pogue to approve conditional use permit #1953 for agricultural use in the C-1 District.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Allow Public Comment, Consider and Take Action re: Petition #9201 by F. Schuster to rezone approximately 6.58 acres from A-1 Ex Ag to R-1 for 6 residential lots Fred Schuster stated the estate would like to create 6 residential lots in an area the Town Plan has designated for residential development. The lots would be on the east side of Prospector Lane. The proposed development would need to go through the platting process. John Blaska commented that the infrastructure is already there and Dan Birrenkott stated the larger lots will be easier to place a septic on. A 14-acre conservation easement is also required. After discussion it was moved by Vernon Pogue, second by Doug Yelk to approve petition #9201 by F. Schuster to rezone approximately 6.58 acres from A-1 Ex Ag to R-1 for 6 residential lots.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Allow Public Comment, Consider and Take Action re: Petition #9202 by Y. Yang and Ge Vang to rezone 15.19 acres from A-1 Ex Ag to A-2 for zoning compliance and R-3A duplex

Dan Birrenkott reported on this petition. After discussion it was moved by Doug Yelk, second by Vernon Pogue to approve petition #9202 by Y. Yang and Ge Vang to rezone 15.19 acres from A-1 Ex Ag to A-2 for zoning compliance and R-3A for a duplex lot. A conservation easement will be shown on their final CSM.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Consider and Take Action re: Conservation Easement and CSM for Yang and Vang property Moved by Doug Yelk, second by Vernon Pogue to approve the certified survey map for Y. Yang and Ge Vang property with the addition of the neighboring use language. The clerk will see that the 2-acre conservation easement is recorded prior to her signing the final CSM.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Discuss Conservation Easement Program A lengthy discussion was held with all present. Items of concern are:

Consider and Tentatively Adopt various amendments to the Town Ordinance to Establish a Conservation Easement Program Not ready at this time. The Land Trust Committee will meet to work on ordinance amendments and clarification.

Consider and Make Appointment of Plan Commission Representative to Ad Hoc Joint Planning Committee Moved by Vernon Pogue, second by Doug Yelk to appoint Roger Fetterly as the temporary plan commission representative to the Ad Hoc Joint Planning Committee.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Audit and Pay Bills Moved by Vernon Pogue, second by Doug Yelk to approve the bills as presented including the addition of the seminar fee.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

Old Business/New Business

Correspondence Fly Dane 2005 Agreement was signed. This is a Dane County cooperative project related to the development of the digital orthophotography products and information. Town has access and use of the products at no cost.

Set Next Meeting Date/Adjournment The next Town Board meeting was set for Monday, April 11, 2005 at 7:30 P.M. Moved by Vernon Pogue, second by Doug Yelk to adjourn this meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Motion carried.

The chairman declared the meeting adjourned at 11:35 P.M.

 

Correct Attest,

 

 

 

 

Joan M. Rademacher

Deputy Clerk