The Town Board of the Town of Sun Prairie met on Monday, July 25, 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, deputy clerk Joan Rademacher and highway patrolman Dennis Farrell were present. Eleven additional people were present at the meeting.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the July 21, 2005 issue of the Star. Copies were also posted on the three town bulletin boards on July 22, 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 July 11, 2005 Town Board Meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Presentation from the Public Jerry Bradley remarked that he is a member of a County committee working on a Smart Growth plan and he has a concern with the Attain Dane plan that County Executive Falk is presenting. Chairman Updike stated that an objective of Smart Growth and Attain Dane is to have intergovernmental cooperation. To take component plans from all municipalities, to resolve conflicts between municipalities and reach a consensus is what Attain Dane would like to accomplish.

Consider and Take Action re: Fireworks Display Permit for R. Kreger R. Kreger was unable to attend the meeting. Consensus of the Board is to have Chairman Updike handle at his discretion. R. Kreger will be advised to call the chairman. No formal action was taken.

Consider and Take Action re: CSM for B. Swenson (O. Holm), section 20 Moved by Doug Yelk, second by Vernon Pogue to approve the CSM for B. Swenson, section 20 with the addition of neighboring use language.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None Motion carried.

Consider and Take Action re: CSM for J. Vang, section 31 J. Vang was not in attendance. Moved by Doug Yelk, second by Vernon Pogue to approve the CSM for J. Vang, section 31 with the addition of neighboring use language.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: Request by C. Cole to have Town lower culvert under Town Hall Drive, section 27 There was a special meeting noticed and held on July 13 with C. Cole, Board members Lyle Updike and Doug Yelk and highway staff to meet at the culvert. The area and culvert were viewed and discussed with C. Cole and those present. If the culvert were lowered without dealing with the drainage way on the downstream side we would turn an acceptable situation into an unacceptable situation in regards to the draining of the road right-of-way. C. Cole was advised to contact the downstream landowners and present the Board with a plan on how the water could be moved away from the culvert downstream to clear the road right-of-way before any action will be considered.

Consider and Take Action re: Conservation Easement with Yer Yang and Ge Vang

Yer Vang and Ge Vang presented the Board with a list of reasons why the Conservation Easement Policy/Guidelines should not apply to the 1.2-acre parcel being rezoned. After reviewing this list Chairman Updike stated that the conservation easement program was passed in July 2004 and implemented in January 2005. Its objective was to provide permanent protection of open space in land converted to residential use in the Town of Sun Prairie. This easement is required on all A-1 Ex Ag parcels that wish to be rezoned. Yer Yang and Ge Vang stated that they do not believe that it should apply to their property, as it is a non-conforming A-1 EX Ag parcel being less than 35 acres. Chairman Updike further explained that it was an understanding to have the rezone approved that the owners give a 2+-acre conservation easement. The Plan Commission recommended approval with a package that included the conservation easement. The Town Board approved this rezone with that understanding.

Chairman Updike stated he would entertain one of the possible motions as follows:

1. To approve the conservation easement as presented;
2. Make a motion for the conservation easement to be amended; or
3. Refer back to the Plan Commission.

The Board reviewed the Conservation Easement document with the changes submitted. It was moved by Doug Yelk, second by Vernon Pogue to approve the Conservation Easement with Yer Yang and Ge Vang striking restriction #7 on page 3 which states, "The Grantee and the Grantor will agree to remove the conservation easement if the zoning of the adjacent properties is changed."

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried. Supervisor Yelk stated that by approving the conservation easement it would keep the process in motion. If Y. Yang and G. Vang decide not to record the document then they may return with another plan.

*Public Hearing – Amendments to Ordinance re: Regulation of Weight Limits for Vehicles on Town of Sun Prairie Roads Chairman Updike opened the public hearing. Chairman Updike gave an overview of the existing weight limit ordinance explaining each of the various permits. Those in attendance that offered opinions regarding the amendments were: Jerry Bradley, John Krug, Matt Schlender, Troy Statz, Mark Bradley and Dan Ziegler. All had concerns regarding the various permits presented. Chairman Updike explained that there are problems with enforcement by the State Patrol as they follow State Statutes. This permit process would hopefully help anyone in the event they were stopped and needed to show some type of proof that they could be on a particular road. After considerable discussion the Chairman closed the public hearing.

Consider and Adopt Ordinance re: Regulation of Weight Limits for Vehicles for Town of Sun Prairie Roads Taking into consideration comments made during the public hearing it was moved by Doug Yelk, second by Vernon Pogue to adopt the following amendments to Ordinance 2003-1 with the changes listed below:

1. Section 4 – A. Exceptions changed to Exemptions;
2. Section 4 – A. 1) strike the word "also" in the fourth line;
3. Section 4 – A. 1) strike the last 2 sentences and replace with – Vehicles shall leave such road and re-enter roads not prohibited by such weight limitation at the closest to its immediate destination and shall take the most practical route to its destination;
4. Section 4 – A. 2) strike the word "direct" and replace with practical in the fourth line;
5. Section 4 – C. 1) strike "88" inches and change to 102 inches;
6. Section 6 – strike "for the specially exempted vehicles allowed in Section 4(3), or" located in the last sentence.

Discussion on the motion included # of permits necessary per truck or per operator. This will be addressed as policy at a later date.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Allow Public Comment & Consider and Take Action re: Petition #9290 by D. & C. Ketterhagen to change the Zoning from AB to A-2 for Zoning Compliance, section 10 Supervisor Yelk stated the Plan Commission recommended approval of this petition. The Ketterhagen’s wish to build a riding arena for their personal use and therefore needed the zoning change to be in compliance. Moved by Doug Yelk, second by Vernon Pogue to approve Petition #9290 by D. & C. Ketterhagen to change the zoning from AB to A-2 for zoning compliance.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Allow Public Comment and Consider and Take Action re: Petition #9307 by K. & J. Rademacher to change the zoning from A-1 Ex Ag to R-1 Residential on property located at 4930 Town Hall Drive, section 27 Supervisor Yelk stated the plan commission recommended approval of this petition with a variance as it is less than 1 acre.

Moved by Doug Yelk, second by Vernon Pogue to approve Petition #9307 by K. & J. Rademacher to change the zoning from A-1 Ex Ag to R-1 Residential on property located at 4930 Town Hall Drive, section 27.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: CSM for K. & J. Rademacher Moved by Doug Yelk, second by Vernon Pogue to approve the CSM for K. & J. Rademacher with the addition of the adjoining use language.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: Appointment of member to Sun Prairie/Cottage Grove Joint Planning Group Chairman Updike reported that J. Michael Blaska was a member of this group and he has resigned as he has been unable to attend the meetings as they conflict with his current position with the Wisconsin Counties Association; therefore, on opening is available. Chairman Updike and Plan Commission Chairman Roger Fetterly are on this committee. They would like to have a suitable addition to this committee to share input and have no conflict of interest. Clerk Quick suggested two people that would be interested. She will contact them and have them contact Chairman Updike.

Consider and Take Action re: Appointment of K. Crothers to the Town Planning Commission Moved by Lyle Updike, second by Doug Yelk to re-appoint Kennan Crothers to the Town Planning Commission for a 3-year term.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: Amendment #16 & #38 to County Ordinance Chapter No action was taken on Amendment #16. Moved by Doug Yelk, second by Vernon Pogue to deny Ordinance #38. This denial of County Ordinance Amendment #38 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, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

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

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None Motion carried.

Moved by Doug Yelk, second by Vernon Pogue to authorize the Clerk to pay any bills due before the August 22, 2005 Town Board Meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None Motion carried.

Old Business/New Business

• Dan Ziegler informed the Board that he rents land that is adjacent to Wave Communication. He stated that there is so much run off from that area it is flooding out the field and that the retention area is filled with cement rubble and insulation panels. Dennis Farrell will check this out and Clerk Quick will contact P. Anderson at Dane County Zoning.
• Dennis Farrell stated that he has 3 large oak trees that need to be removed in the right-of-way in Drovers Woods. He has been in contact with S. Sordahl, The Tree Trimmer and when a certificate of liability insurance is received and a written bid he will have him remove the trees.
• Reconstruction of Burke Road will start on Wednesday, July 27. D. Farrell will place barricades up if there are problems with vehicles driving on Burke Road and if necessary the Dane County Sheriff will be asked to ticket those individuals.
• Received an e-mail from Monte Couch regarding the Drovers Woods Homeowners Association not being able to find members and they may disband the organization.
• Clerk reported on a tractor-trailer parked in the right-of-way on Pierceville Road and at times on Baxter Road. Dane County Zoning has been informed as it is a zoning issue.
• Received notice from Johnson Bank stating that the letter of credit for LaRue Fields expires 60 days from July 18. The clerk will request a list of tasks or points of concern that need to be taken care of from Belken Engineering. Once received the clerk will send a letter to Dale and Dwight Huston listing what needs to be done to complete the project. If the letter of credit needs to be used to complete the project the Board will do so.

Correspondence

• Chairman Updike shared a letter he received from Dane County Executive Kathleen Falk thanking the Board for their comments on Attain Dane.
• Clerk Quick shared a newsletter she received in regards to McCarthy Park. They are doing wetlands restoration.

Set Next Meeting Date/Adjournment Moved by Doug Yelk, second by Vernon Pogue to cancel the August 8, 2005 Town Board Meeting and set the next regular Town Board meeting for Monday, August 22, 2005 at 7:30 P.M. and to also adjourn the meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

The chairman declared the meeting adjourned at 10:55 P.M.

Correct Attest,

Joan M. Rademacher

Deputy Clerk