The Town Board of the Town of Sun Prairie met on Monday, May 23, 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. Supervisor Vernon Pogue and Doug Yelk, clerk Claudia Quick and deputy clerk Joan Rademacher were present. Five additional people attended the meeting.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the May 19, 2005 issue of the Star and a copy was faxed to the Capital Times. Copies were also posted on the three town bulletin boards on May 20, 2005.

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 as presented from the May 9, 2005 meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Presentation from the Public Anthony Buchino, 5366 CTH TT, requested the Board to contact Charter Communications regarding extending cable to his residential area to have high-speed internet service. He further explained that his wife’s job depended on this. The Board asked that he return to the next meeting with a written request and action will be taken at that time.

Allow Public Comment, Consider and Take Action re: Petition #9249 by A. Bosben, to create a residential building site for an owner of 62 acres Alden Bosben explained that he is requesting a spot zone to create a residential building site for himself. Doug Yelk reported that the Plan Commission recommends approval. Moved by Vernon Pogue, second by Doug Yelk to approve petition #9249 by Alden Bosben to create a residential building site.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

1. Consider Resolution Granting Conservation Easement Doug Yelk reported that he, Clerk Quick and Alden Bosben met on May 19th and went over the document in detail. The Board reviewed the conservation easement prepared for the Bosben property. After considerable discussion it was moved by Doug Yelk, second by Vernon Pogue to approve the conservation easement with Alden Bosben on this parcel identified as Exhibit A in the Grant of Conservation Easement with the amendments as follows:

• Page 5, Item 3 RESERVED RIGHTS – Grantors reserve to themselves and their successors and assigns, all rights accruing from its ownership of the Property, including hunting, fishing and the right to engage in or permit or invite others to engage in all uses of the Property etc.
• Page 4, Item (f) – The grantors may construct a pond on the subject land. Size of the pond may not exceed 3 acres.
• Page 3, Item (c) sub (2) – provided that the total aggregate ground coverage of all buildings and other structures and improvements does not exceed 44,213 square feet (5% of acreage).
• Page 3, Item (b) sub (2) – The Grantors may construct a tree stand/hunting enclosure not to exceed 6 ft x 8 ft.

Review draft of amendment to Ordinance re: Weight Limits on Roads Clerk Quick prepared a rough draft of the weight limit ordinance. The Board discussed the various permits that may be available. They are an Exemption Certificate, Annual Permit and Special Use Permit. Discussion centered on language used in permits, which trucks should be exempt and/or have an annual permit. Also discussed in detail were deliveries and moving of supplies or other necessary commodities to or from any farm. The clerk will prepare another draft to be presented at a future meeting.

Consider and Take Action re: Property Maintenance Complaint Sandy and Wally Smith, 4775 Cardinal Lane stated that the property adjoining theirs at 4786 Cardinal Lane is in total disrepair. After considerable discussion it was moved by Vernon Pogue, second by Doug Yelk to have the property located at 4786 Cardinal Lane referred to the building inspector and request an inspection report regarding the maintenance provisions of the building code. The Board authorizes the building inspector to proceed with enforcement action.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Public Comment and Final Adoption of Amendments to "Ordinance to Establish a Conservation Easement Program" At the May 9^th Town Board Meeting the Board referred a letter from Attorney Chad R. Taylor, representing the Madison Area Builders Association, that challenged the validity of the Town’s ordinance requiring set-aside of 2 acres of land as conservancy land under an easement as a condition of rezoning an acre of land to residential, to the town’s counsel Mark B. Hazelbaker. Attorney Hazelbaker prepared a draft letter responding to this allegation. The letter states the Town will not repeal this ordinance and refers to court cases that address these same issues. He further stated that the Town of Sun Prairie wishes to remain an agricultural community and that whatever amount of residential development occurs leverages preservation of farmland forever.

After discussion Doug Yelk moved to adopt the amendments to "Ordinance to Establish a Conservation Easement Program". Vernon Pogue seconded the motion.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consensus of the Board was that the implementation of a conservation easement as done with Alden Bosben worked well. No formal action was taken.

Consider and Take Action re: Petition #’s 9165, 9182, 9199 and 9202 as amended with deed restrictions by the Town and Dane County Moved by Doug Yelk, second by Vernon Pogue to approve petition #’s 9165, 9182, 9199 and 9202 as amended with deed restrictions by the Town and Dane County.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: Sub 1 to County Ordinance Amendment 16, 2004-05, Chapter 10 as amended by the County Moved by Vernon Pogue, second by Doug Yelk to disapprove Sub 1 to County Ordinance Amendment 16, 2004-05, Chapter 10 as amended by the County.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Audit and Pay Bills The Board reviewed the invoice payments and Vernon Pogue made the motion, second by Doug Yelk to approve payment.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Old Business/New Business

• Chairman Updike reported he met with the Fire Unit Advisory Board.
• Supervisor Pogue reported on the Urban Towns Meeting held in Wisconsin Dells.

Correspondence

• Fred Schuster’s petition was approved at the County.

Set Next Meeting Date/Adjournment The next Town Board meeting was set for Monday, June 13, 2005 at 7:30 P.M. Moved by Doug Yelk, second by Vernon Pogue to adjourn the meeting. The chairman declared the meeting adjourned at 10:50 P.M.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Correct Attest,

Joan M. Rademacher

Deputy Clerk