The Town Board of the Town of Sun Prairie met on Monday, July 26, 2004 at 7:30 P.M. at the Town Hall, 5556 Twin Lane Road.

Call to Order The meeting was called to order at 7:35 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. Twenty-three other people attended the meeting.

Pledge of Allegiance The Pledge of Allegiance was led by Doug Yelk.

Statement of Public Notice The chair directed that the minutes show that notice of the Town Board meeting was published in the July 22, 2004 issue of The Star. The agenda was also faxed to the Capital Times. Copies were posted on the three town bulletin boards on July 23, 2004.

Approve Minutes of Previous Meetings Moved by Vernon Pogue, second by Doug Yelk to approve the minutes from the July 12, 2004 meeting as presented. Motion carried.

Presentation from the Public None

Guest: Duane Gau, Dane County Supervisor, District 20 Duane Gau shared with the Town Board and those present, the following:

• Adult Entertainment Tavern Ordinance – As a Dane County Supervisor he is working to establish a separate County zoning district - Industrial Zoning for adult entertainment taverns and activities. The Towns would have the opportunity to review the rezone and set limitations with a conditional use permit.
• He is a member of the Environment, Agriculture and Natural Resources Committee. This committee is in the process of reviewing the Land Use Plan for the Town of Sun Prairie. He will meet with Doug Yelk, who is a member of the Town Board and Plan Commission to talk about the particulars of the plan. He was given a CD of the Town Comprehensive Plan.
• Gau also informed the Board that the City of Sun Prairie has submitted a development-phasing map to the Environment, Agriculture and Natural Resources Committee. He gave the Board a copy of said map.

Natural Hazard Mitigation Program – J. Bradley comments Jerry Bradley addressed the Board on the following:

1. Town generator should be portable.
2. The Drainage Board has the ability to assess damage. The drainage ditches, which include the main channel and district laterals, need to be cleaned out. He suggested that preventative maintenance, mowing along the banks of the drainage ditches, be addressed.

*Public Hearing: Ordinance to Establish a Conservation Easement Program The chair opened the public hearing. Board reviewed comments sent by Town’s attorney, Mark Hazelbaker. There were no comments from the residents. Chair closed the public hearing.

Consider Final Adoption of Ordinance to Establish Conservation Easement Program Discussion on Attorney Hazelbaker’s comments to add Section 1 e – Holder means (a) the Town of Sun Prairie or (b) upon the annexation by a city or village of any property subject to a Conservation Easement, the Commission; and Section 4 f – The terms of conservation easements obtained pursuant to this Ordinance shall provide that the easements are not assets of the Town of Sun Prairie and are not subject to adjustment under sec. 66.0235, Wis. Stats., in the event the land subject to the easements is annexed by a city or village. After discussion, it was moved by Doug Yelk, second by Vernon Pogue to approve adoption of Ordinance to Establish Conservation Easement Program with the additions of Section 1 e and Section 4 f. Motion carried.

Consider request by S. Drunasky for second access, 2391-2393 Bailey Road Steve Drunasky stated his reasons for requesting a second driveway. After discussion, consensus of the Board was to deny Drunasky request.

Allow Public Comment, Board Action re: Rezoning Petition #8999 by B. Moldenhauer to create residential lot Deer Creek Run The chair opened the meeting to public comment. Hearing none the chair closed public comment. Doug Yelk who serves on both the Plan Commission and Town Board stated that the plan commission had recommended approval of this petition as it is in the Town plan as a growth area. Moved by Doug Yelk, second by Vernon Pogue to approve Petition #8999. Motion carried.

Allow Public Comment, Board Action re: Conditional Use Permit #1899 request by M. Centeno for religious uses, Bomkamp Circle The chair opened the meeting to public comment. Several residents of the area spoke against having a Church built in the neighborhood. No one spoke in favor of this permit. The chair closed public comment.

Doug Yelk stated the plan commission recommendation was for denial due to the one-way access from CTH TT, traffic, size of the lot, and configuration of lot for parking and not enough off-street parking. Moved by Doug Yelk, second by Vernon Pogue to deny conditional use permit #1899. Motion carried.

Allow Public Comment, Board Action re: Rezone Petition #9036 by D. Bartell to spot zone for existing business and existing house, CTH N The chair opened the meeting to public comment. Dawn Bartell stated her family is moving and would like to rezone 1.64 acres including the house and garage to R-1A and rezone the remaining 0.13 acres including the portrait studio building and adjacent parking area to B-1 Local Business. No one spoke against this petition. The chair closed public comment. The plan commission recommended approval of this petition. Moved by Doug Yelk, second by Vernon Pogue to approve petition #9036 to spot zone for existing business and rezone for the existing house with the following conditions: Permitted uses limited to (2) (a) under B-1 Local Business, Chapter 10 Dane County Ordinance and hours of operation limited to 6:00 a.m. to 9:00 p.m. Motion carried.

Consider and Take Action re: D. Huston proposed commercial development Dwight Huston stated that he and Dale Huston have purchased the LaRue Fields commercial property. There are several issues that need to be addressed before the Town signs the developer’s agreement.

1. Address erosion control and responsibility of enforcement
2. Meet with Dennis Farrell highway patrolman regarding road plans – if an independent engineer is needed the Town will hire and bill the developer
3. Letter of Credit for 125% of road construction
4. Identify fees due

When the Town receives the completed developer’s agreement it will be submitted to the Town’s attorney, Mark B. Hazelbaker for review. This cost will be billed to the developer. If Huston wishes to start mass grading it is at his own risk. This item will be on the August 10 Town Board meeting agenda.

Consider and Take Action re: K. Crothers residential development The preliminary plat was previously approved. Before final action the following issues need to be addressed:

1. Developer’s agreement needs to be completed
2. Send to Dane County for erosion control
3. Town’s attorney will review developer’s agreement and developer will be billed
4. Highway patrolman Dennis Farrell will review road plans – if an independent engineer is needed the cost will be billed to the developer
5. Letter of Credit for 125% of road construction be received
6. Identify fees due

No action was taken.

Consider operator license application for L. Millard Moved by Doug Yelk, second by Vernon Pogue to approve operator license for L. Millard. Motion carried.

Consider and Take Action re: Resolution to Show Support of a Joint Partnership with the Town of Sun Prairie and the Village of Cottage Grove to Cooperatively Work Together to Preserve Our Boundaries and Green Space Moved by Doug Yelk, second by Vernon Pogue to adopt this resolution striking the words "eastward towards and" in paragraph one. Motion carried. A copy of this resolution is on file in the Town office.

No action taken. Deferred to a future agenda.

Audit and Pay Bills Moved by Vernon Pogue, second by Doug Yelk to approve the bills as presented. Motion carried.

1. Trash Collection Contract – As the contract with Waste Management ends December 2004 consensus of the board was to go for bids from companies that provide this service and to work with neighboring municipalities to see if there is an interest in joining together on a contract. There are grants available if this is accomplished.
2. Election Training – The State Election Board is holding an Chief Inspector training at Town of Bristol Town Hall. Clerk Claudia Quick, Wanda Hahn and Diane Powelka, chief election inspectors will attend.
3. Zoning Permit Issues
• Owners at 5577 Twin Lane Road have not obtained permits for decks built. Dane County Zoning has issued a citation.
• Owner at 5355 Betlach Road, Lot 28 moved in storage semi-trailer without a building permit. Also unlicensed vehicles are on the property. Dane County Zoning has notified owner he needs a zoning permit.
• Ben Averill, 5251 CTH TT, is in the process of rezoning to allow a non-traditional school.
• Livestock incompliance at 5229 Pierceville Road. Dane County Zoning has been notified.
• Boulders in the right-of-way at 3132 Bailey Road are being removed.

Old Business/New Business Dennis Farrell reported that the excess stone left on the road after seal coating have been swept up in the various sub-divisions. He has also ordered cement walls for use in collecting and removing brush.

Correspondence Lyle Updike stated a Fire Unit meeting to discuss Tanker 8 would be held on August 11, 2004.

Set Next Meeting Date/Adjournment Due to a conflict the next meeting date was set for Tuesday, August 10, 2004 at 7:30 P.M. Moved by Doug Yelk, second by Vernon Pogue to adjourn the meeting. Motion carried. The chairman declared the meeting adjourned at 11:05 P.M.

Correct Attest,

 

 

Joan M. Rademacher, Deputy Clerk