The Town Board of the Town of Sun Prairie met on Monday, September 12, 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. John Belken, Bob Houle, Dwight Huston and Fred Schuster were also 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 September 8, 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 September 9, 2005.

Pledge of Allegiance Vernon Pogue 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 August 22, 2005 Town Board Meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Presentation from the Public None

1. Consider and Take Action re: Extension or Exercising of Letter of Credit (LaRue Fields) Clerk Quick distributed a letter received from Belken Engineering to Dennis Farrell regarding the warranty period and a summary of the estimated remaining cost on LaRue Fields Lane. Mr. Huston stated his intent was to continue LaRue Fields Lane straight out to County Road TT. He has obtained the Dalgaard property north of his commercial plat. The entrance from County Road TT to that property would be eliminated to allow him to have access to CTH TT from LaRue Fields Lane. He also stated he will apply for C-2 zoning change.

As Mr. Huston has no concern with renewing the letter of credit, it was moved by Doug Yelk, second by Vernon Pogue to renew the letter of credit for LaRue Fields and reduce the amount to $85,000 for a period of one year.

Voting AYE: Updike, Pogue and Yelk

Voting Nay: None

Absent: None

Motion carried.

2. Consider and Take Action re: Letter of Credit for East End improvements - Dennis Farrell reported that Manley Drive and all of its improvements has been completed. The Board consensus was to allow the letter of credit to lapse on September 21, 2005.
3. Consider and Take Action re: Completion of west end of Parkview Road - Vince Maly was not in attendance. He will attend the October 10, 2005 Board meeting when construction will be completed on Parkview Road. Board consensus is to have Dennis Farrell give a recommendation on the amount to be escrowed or letter of credit to warranty the road for one year.

Other Road Issues:

• Dennis Farrell stated he intends to purchase an aluminum trailer to mount the generator on. Chairman Updike and Supervisor Pogue thought it would be a good idea to let Fire Dept. and EMS personnel learn how to run it and then give access to them in times of emergency.
• There is a tree on the corner of Burke and Bailey Roads that is a safety issue as it is deteriorating. Dennis had hired someone to take it down but found that the tree is too tall for his truck and boom to handle. He would have to rent a truck with a taller boom that will cost more than agreed upon. Consensus of the Board was that it is a safety issue and the tree should be removed.
• Delivery of the 300 tons of salt ordered for the winter should be completed by the end of the week.
• Crack Filling Service has been hired to trim trees along Twin Lane Road.
• Chairman Updike had contact with representatives of the City of Sun Prairie to establish a shared maintenance agreement with the Town of Sun Prairie for Bird St. and Bailey Road. There is considerable truck traffic on those roads as the Sun Prairie Wastewater Treatment facility is located on Bailey Road and the City Maintenance Garage may be located there also. Chairman Updike asked that Dennis Farrell meet with Larry Herman, Public Work Superintendent with the City of Sun Prairie to discuss long-term and short-term issues with these roads. The Board would like D. Farrell to return with a tentative agreement that would be mutually beneficial.
• Dennis Farrell requested a traffic count on Bird St. and Bailey Road. He believes 6000 cars a day travel those roads.
• Dane County Highway Dept. was contacted about painting the lines on Burke Road.

Consider and Take Action re: Preliminary Plat by Fred Schuster, Section 12

After discussion, it was moved by Doug Yelk, second by Vernon Pogue to approve the preliminary plat for Fred Schuster. The Board would like two items addressed: 1.) The driveway to Lot 1 and; 2.) Address the water flow over lots on the plat.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None Motion carried.

*Consider Citizen Request for Development and Adoption of Noise Ordinance (added 9/6/05) Bob Houle, 2744 Bomkamp Circle, asked that the Board consider adopting a noise ordinance. The Board explained that enforcement is an issue. His issue is with his neighbors that are racing ATV’s, dirt bikes and motorcycles around neighboring lands with no consideration for times of day and noise levels. He has tried talking with them and cannot get any cooperation. Dane County Zoning was contacted and after inspection a violation was disclosed. Race track/earth disturbing activities are not permitted in the RH-1 rural homes district, those items require a C-2 commercial zoning. Also any land disturbing activity occurring anywhere within the territorial limits of Dane County which is not covered under the uniform dwelling code requires an erosion control permit from Dane County Planning & Development. A notice that the racetrack activity shall be terminated or application for C-2 Commercial zoning must be submitted no later than October 9, 2005. If compliance with the ordinance requirements is not met by that date citations may be issued for enforcement. After discussion the Board advised Mr. Houle to contact Dane County zoning inspector P. Anderson for a follow-up and to also contact the Community Deputy in our area for help with this neighbor dispute. The clerk mentioned that the Town Hall could be used for these meetings.

Consider and Take Action re: Operator license application The Board reviewed the applications, history checks and class certificates for each of the applicants. Separate motions were made by Doug Yelk, seconds by Vernon Pogue to approve the applications for operator licenses for Kristina Kozubek, Ronald Kolman and Benjamin Wollin.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

*Consider and Take Action re: Zoning Petition #9273 as amended by the Town Board (added 9/6/2005) Moved by Doug Yelk, second by Vernon Pogue to approve zoning petition #9273 for Charles Miller as amended by the Town Board.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

*Consider and Take Action re: Resolution Approving the Proposed New Agreement on the Composition of the Policy Board of the Metropolitan Planning Organization for the Madison Urbanized Area (added 9/6/2005) Moved by Doug Yelk, second by Vernon Pogue to approve the proposed new agreement to add an additional person to represent Towns in the composition of the Policy Board of the Metropolitan Planning Organization for the Madison Urbanized Area.

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 as presented with the additions listed.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None Motion carried.

Old Business/New Business

1. Discuss Budget Work Schedule – After discussion work meetings were set for October 6, 13 and 27 at 6:00 p.m.
2. Chairman Updike stated Fire Unit Budget meetings are Sept. 15 and Oct. 5.
3. Supervisor Yelk reported Land Trust Committee is meeting with landowners on September 14 and 20 at 9:00 a.m. to discuss the possibility of a bike trail to run from McCarthy Park to Patrick Marsh.
4. Supervisor Pogue will be attending EMS budget meeting on September 27 at 7:30 p.m.

Correspondence Clerk Quick presented various correspondences received from:

• Charter Communications - regarding Video Choice Act of 2005
• Dane County Department of Public Works, Highway and Transportation (TRIP) meeting is scheduled for Sept. 13 at 10:00 a.m. for the purpose of electing the Committee and distributing TRIP program materials. Vernon Pogue volunteered to attend this meeting.
• Independent Inspections sent a letter to Charles Toycen regarding property maintenance non-compliance at 4786 Cardinal Lane.
• Rural Mutual Insurance – notice of potential implementation of changes related to coverage for terrorism under the Town policy

Set Next Meeting Date/Adjournment Moved by Vernon Pogue, second by Doug Yelk to set the next regular Town Board meeting for Monday, September 26, 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 11:05 P.M.

Correct Attest,

 

 

 

Joan M. Rademacher, Deputy Clerk