The Town Board of the Town of Sun Prairie met on Monday, April 11, 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 7:40 P.M. by chairperson Lyle Updike. Supervisor Doug Yelk, clerk Claudia Quick, deputy clerk Joan Rademacher and highway patrolman Dennis Farrell were present. Supervisor Vernon Pogue was absent. Bill and Dawn Rednour also attended the meeting.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the April 7 issue of the Star and a copy was faxed to the Capital Times. Copies were also posted on the three town bulletin boards on April 8, 2005.

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

Approve Minutes of Prior Meeting Moved by Doug Yelk, second by Lyle Updike to approve the minutes as presented from the March 28, 2005 meeting.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Presentation from the Public None

Report on Town Roads Dennis Farrell reported on the following:

• Monroe Truck called and the new Town pick-up truck which is being outfitted with a box, etc. will be completed ahead of schedule
• Crackfilling expense will exceed the 2005 highway budget due to the freezing-thawing cycles we have had this winter. Money from the highway maintenance budget will be used to complete the crackfilling projects.
• A tentative highway budget for road needs through 2010 has been prepared and will be presented at the Annual Meeting on Wednesday, April 13, 2005.
• The 1988 town pick-up will be for sale when the new one is delivered.

Consider and Take Action re: Amendment #28 to County Ordinance Chapter 10 regarding appeal of conditional use permits to the county board Moved by Doug Yelk, second by Lyle Updike to deny amendment #28 to County Ordinance Chapter 10 regarding appeal of conditional use permits to the county board. This denial of County Ordinance Amendment #28 to Chapter 10 of the Dane County Code of Ordinances is based on Dane County Towns Association recommendation that a complete revision of Chapter 10 be done.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Consider and Take Action re: Amendment #31 to County Ordinance Chapter 10 modifying the adult entertainment overlay district Moved by Doug Yelk, second by Lyle Updike to veto amendment #31 to County Ordinance Chapter 10 modifying the adult entertainment overlay district.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Consider and Take Action re: Amendment 32 to County Ordinance Chapter 10 regarding the adult entertainment establishments No action taken.

Review and prepare comments on Amendments to Village of Cottage Grove’s current Comprehensive Land Use Plan (amended 4-6-2005) Chairman Updike stated that the Town of Sun Prairie is in productive negotiations with the Village of Cottage Grove. The Ad Hoc Committee which consists of members of the Town of Sun Prairie and Village of Cottage Grove strive to develop recommendations that would be referred back to the Plan Commissions and the respective Boards to be implemented in some form as a boundary agreement. Chairman Updike and Supervisor Yelk agreed that at this time there were no comments on the Amendments to the Village of Cottage Grove’s current Comprehensive Land Use Plan.

Consider and Take Action re: EMS document and public safety building document As Supervisor Pogue was absent this item was deferred to the next meeting.

Consider and Take Action re: Implementation of the Conservation Easement Program Those in attendance reviewed Ordinance 2004-3 an ordinance to establish a conservation easement program. Following are the amendments being considered.

• Section 4 (c) – Applications for rezoning or changes to land use, which takes land out of A-1 Exclusive Agricultural zoning or A-2 Agricultural zoning and rezones for new residential development, will require the identification and designation of an area set aside for a conservation easement at a ratio of a minimum of 2 acres of conservation easement for each acre proposed for land use change or rezoning as a condition of the rezone. The Plan Commission shall require the applicant to submit a proposed Grant of Conservation Easement, including a map identifying the location of the conservation easement, to the Plan Commission prior to the Plan Commission making a recommendation to the Board approving the rezone or change to land use.

• Section 4 (d) – The Board will not make a recommendation to the County Zoning Committee approving the rezone or change in land use until the property owner provides to the Board a proposed Grant of Conservation Easement, including a map identifying the location of the conservation easement. Subsequent to County approval and prior to signing off on the Certified Survey Map, the Town Clerk shall require that the property owner record the conservation easement with the Dane County Register of Deeds in accordance with this Ordinance. The Board will allow the property owner to withdraw the conservation easement if the County does not approve the proposed rezone or change to land use.
• Section 4 (e) – The Plan Commission shall make a recommendation to the Board on each proposed purchase or acquisition that does not include a rezone or change in land use.
• Section 4 (i) – The Board and the Land Trust shall be responsible for maintaining the conservation easement records including a copy of each Grant of Conservation Easement with its legal description and map. A current map of the Town shall be maintained to depict each conservation easement.
• Section 5 (c) – A resolution in support of the proposed alienation is adopted by a unanimous affirmative vote of two-thirds of the members of the Board.

Clerk Quick suggested that in Section 4 (c) to add those parcels that are non-conforming A-1 Ex Ag. This refers to parcels that are A-1 Ex Ag created prior to 1982 and are not 35 acres. These parcels do not qualify as A-1 Ex Ag. Clerk Quick stated that if this ordinance is tentatively adopted it can still be worked on and changes made.

Chairman Updike questioned if we exempt smaller Ag lots, do we add in the larger residential parcels. Which parcels will require conservation easements?

Consider and Tentatively Adopt Amendments to Town of Sun Prairie Conservation Easement Ordinance Moved by Lyle Updike, second by Doug Yelk to tentatively adopt amendments to Ordinance 2004-3 as presented.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Audit and Pay Bills Moved by Lyle Updike, second by Doug Yelk to approve the bills as presented with check #9958 to GCR Tire Center subject to verification of expense and addition of $21,376 to Monroe Truck as the final payment on the Town pick-up truck.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Old Business/New Business

• Chairman Updike reported that the Ad Hoc Committee met and they will be preparing a draft on an agreement for a commercial area not including the Sieg property north of CTH N. A specific recommendation for this area was initiated primarily because the Village of Cottage Grove would like to apply for a Brownfield Grant if an agreement can be reached between the municipalities. City of Madison maps were reviewed at the same meeting.
• Supervisor Yelk reported that the Land Trust Committee worked on the conservation easement ordinance and discussed the possibility of a bike path in the Town. He will be contacting the Wisconsin Towns Association asking their opinion on the legal aspects of having a bike path in the Town.
• Chairman Updike, Supervisor Yelk, Clerk Quick and Treasurer Rademacher signed their Oath of Office.

Correspondence

• Youth Services Day will be held at McCarthy Park on Saturday, April 16, 2005.

Set Next Meeting Date/Adjournment The next Town Board meeting was set for Monday, April 25, 2005 at 7:30 P.M. Moved by Lyle Updike, second by Doug Yelk to adjourn this meeting.

Voting AYE: Updike and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

The chairman declared the meeting adjourned at 9:30 P.M.

Correct Attest,

Joan M. Rademacher

Deputy Clerk