The Town Board of the Town of Sun Prairie met on Monday, July 14, 2003 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, deputy clerk Joan Rademacher and Dennis Farrell highway patrolman were present. Twenty-one additional people attended the meeting.

Statement of Public Notice The chair directed that the minutes show that notice of the Town Board meeting was published in the July 10, 2003 issue of The Star. Copies were posted on the three town bulletin boards on July 11, 2003.

Approve Minutes of Previous Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes of the June 23, 2003 meeting. Motion carried.

Presentation from the Public None.

L. Guyer, J. Behrend – Presentation re: County Conservation & Natural Heritage Grant Jeanne Behrend, President of the Patrick Marsh Conservancy has partnered with the National Heritage Land Trust to preserve land around Patrick Marsh. She explained the value of preserving this land, the wild life and archaeological value that it has. Laura Guyer, a Conservation Fund Specialist with Dane County Parks gave a presentation on the grant process. She explained how properties are identified as priority areas and the system used by the County in awarding grant money. The Town can help by passing a resolution of support of the project. This resolution will be on the agenda at the next Town

Board meeting.

Report on Town Roads Dennis Farrell reported on the following items:

1. The new plow truck has been delivered.
2. Twin Lane Road reconstruction is on budget and on schedule. Very satisfied with the work.
3. Town Hall Drive – Lyle reported that the town would not be posting the road for weight limits at this time as the City is drafting a resolution to update the joint maintenance agreement.

Consider Preliminary Plans by D. Hoagland, 2643 Bailey Road, to change the zoning to A-2, with a conditional use permit to allow a limited family business to auto repairs, section 17 David Hoagland presented his plan to the Board. He would like to continue his business and needs the correct zoning and a conditional use permit. The Board stated that they would like to limit incompatible uses in residential areas. The Board was not supportive; however, he may continue with his petition. It was suggested that he talk with his neighbors and develop deed restrictions that would address the neighbors concerns. Issues to address would be limiting working hours, cars stored outside the building, no expansion, etc.

Consider and Take Action re: Petition #8729 by T. Viken to change the zoning from A1-ExAg to C-1 Commercial, west and south of 4690 CTH TT, section 33 Tom Viken re-stated his petition to change the zoning on 3 parcels of land. He further stated that at this time he could not be specific about his plans for this land. This was not a public hearing; however, public comments were taken. After lengthy discussion it was moved by Doug Yelk, second by Vernon Pogue to approve the C-1 zoning on the two smaller parcels of the three. Motion carried. The two parcels approved are #0811-333-9945-9 and #0811-333-9955-7. The parcel not approved is #0811-333-9545-3.

Consider and Take Action re: Petition #8729 by K. Miller to change the zoning from RH-3 to LC-1 for cement business, section 31 Kevin Miller presented a landscaping plan. Public comments were taken in regards to this petition. Attorney Ron Trachtenberg developed a list of deed restrictions as they were discussed. They are as follows:

1. Proposed 10 ton weight limit restriction
2. Incorporate landscaping plan, deciduous trees 2" minimum caliper
3. No further earthmoving, digging, filling or stockpiling of dirt without Town Board approval
4. No outside parking of vehicles in excess of 24 hours
5. Hours of operation: M-F 6:00 a.m.- 5:00 p.m.
6. No renting of buildings to others
7. Install new 30 ft. 18 " arch pipe with ends and blacktop 2 ½ inch thick extension 30 ft. past drive
8. Only 1 business on LC-1 parcel
9. No subdivision (parcel split without Town Board approval)
10. No trash/junk placed on property accept in proper disposal containers
11. Disturbed area to be seeded by August 10.

Attorney Trachtenberg will have the deed restrictions written up and forwarded to the Town Office. We will then forward them to the Town Attorney, Mark Hazelbaker for his opinion. This will be at the petitioner’s expense.

Moved by Vernon Pogue to deny petition # 8729. Motion failed for lack of a second. Moved by Doug Yelk, second by Lyle Updike to approve the petition with the restrictions listed. Aye votes – Doug Yelk and Lyle Updike Nay vote – Vernon Pogue

Motion carried.

Consider Preliminary Plans by R. Oestreich to request zoning change to allow storage of tree trimming equipment Ross Oestreich explained what his intentions are for property located at 3577 Bailey Road. The Board suggested he address the issues of outside storage and hours of operation. The consensus of the Board was that he could proceed with his petition.

Consider Resolution changing the name of Bosben Road to JB Farm Road The duplication of road name in the County requires that Bosben Road name be changed. Moved by Doug Yelk, second by Vernon Pogue to approve changing Bosben Road to JB Farm Road. Motion carried.

Audit and Pay Bills The Board reviewed the invoice listing. Moved by Vernon Pogue, second by Doug Yelk to approve payment of bills as listed including the additions. Motion carried.

• Fire Unit Report – Lyle Updike gave a brief report.
• EMS Report – Vernon Pogue stated that the Director had resigned and that the Commission is looking for a new director.
• Report on Recent State Budget Action – Lyle Updike presented a comparison of the 2004 estimated aid payments under enrolled SB 44 and under the Governor’s announced veto. Discussion followed.

Correspondence

• Gary LaRue asked if a letter of support could be written on behalf of his proposed plat from the Town of Sun Prairie. The Board agreed to the request and that the clerk write the letter.
• Gary LaRue also requested that the dedication of the ballpark be discussed. This item will be on the next agenda.

Set Next Meeting Date/Adjournment The next meeting date was set for Tuesday, July 29, 2003 at 7:30 P.M. Moved by Vernon Pogue, second by Doug Yelk to adjourn the meeting. Motion carried. The chairman declared the meeting adjourned at 11:40 P.M.

Correct Attest,

Joan M. Rademacher, Deputy Clerk