The Town Board of the Town of Sun Prairie met on Monday, December 27 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 and deputy clerk Joan Rademacher were present. Nine additional people were present.

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

Pledge of Allegiance The Pledge of Allegiance was led by Roger Fetterly.

Approve Minutes of Prior Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes as presented from the December 13, 2004 meeting. Motion carried. Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Presentation from the Public None

Consider and Take Action re: CSM for B. Averill, section 26 Moved by Doug Yelk, second by Vernon Pogue to approve the CSM for B. Averill with the addition of the neighboring use language. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Allow Public Comment, Consider and Take Action re: Rezone Petition #9130 by Ultimate Construction Inc. to change the zoning from A-1 Ex Ag to the LC-1 Limited Commercial at 5230 Pierceville Road, section 26 Chairman Updike asked if there was anyone present who wished to speak on this petition. Steve Foley owner of Ultimate Construction gave a short report on his intentions. Doug Yelk reported on the Plan Commission recommendations as follows:

1. Hours of operation limited to 6:00 a.m. to 9:00 p.m.
2. Outside storage, except for licensed vehicles prohibited after December 31, 2006.
3. Business sign lighting limited to 6:00 a.m. to 9:00 p.m.

Moved by Doug Yelk, second by Vernon Pogue to approve Petition #9130 by Ultimate Construction Inc. to change the zoning from A-1 Ex Ag to the LC-1 Limited Commercial at 5230 Pierceville Road, section 26 with recommendations of the Plan Commission as listed. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Consider and Take Action to Accept a Donation of Land from the Sun Prairie Volunteer Fire Department. Several members of the Sun Prairie Volunteer Fire Dept. were present. Fire Chief Steve Knaus and Les McBurney spoke on behalf of the Volunteers. They reported that Angel Park consists of 5 parcels equaling 62 acres. The parcels are zoned suburban residential and commercial. The volunteers have decided that the best way to maintain this land as green space is to donate the land to the Town of Sun Prairie. Chairman Updike has been in contact with the Town’s attorney, Mark Hazelbaker regarding potential transfer of the property where the Town would have a lease with the firefighters for the operation of the various enterprises that they have and also that the Town’s interests are protected. The Town of Sun Prairie would have a standard Net, Net, Net Lease with the Sun Prairie Volunteer Fire Dept. This would be a 50-year lease with the volunteers assuming all expenses, including liability insurance and employees’ workman’s compensation insurance. After lengthy discussion it was moved by Doug Yelk, second by Vernon Pogue to accept a donation of land from the Sun Prairie Volunteer Fire Department and to authorize chairman Updike to accept title to the property. Motion carried.

Roll call vote: Chairman Updike – AYE

Supervisor Pogue – AYE

Supervisor Yelk – AYE

Review and Approve a Lease of Real Estate to the Sun Prairie Volunteer Fire Department. A draft lease was distributed to all present. Chairman Updike stated the Town attorney is reviewing the provisions. The board reviewed the draft lease. After review it was moved by Doug Yelk, second by Vernon Pogue to authorize the Town chair to sign a lease of real estate agreement with the Sun Prairie Fire Volunteer Fire Department as approved by the Town attorney. Motion carried.

Roll call vote: Chairman Updike – AYE

Supervisor Pogue –AYE

Supervisor Yelk – AYE

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

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

• Regarding the City of Sun Prairie plans for manhole in Town of Sun Prairie right-of-way. Special provisions follow:

1. Repair road surface and right-of-way to pre-construction or better condition, subject to inspection and acceptance of Town highway patrolman.
2. Establish and maintain a marker for the manhole.
3. Maintain road access during construction.
4. Notify Town office at 837-6688 when project is completed.

• Plat for East End, LLC for K. Crothers has been signed
• Dennis Farrell, highway patrolman, talked with R. Mundt regarding putting a tracking pad from his gravel pit to road – because of debris left on Tennant Road.

Correspondence

• City of Sun Prairie approved Certified Survey Map for V. Maly

• Dane County Towns meeting of Chairpersons – January 5, 2005
• County Executive K. Falk will be holding a listening session on county growth at the Sun Prairie Town Hall on January 19, 2005 at 7:00 p.m.

Set Next Meeting Date/Adjournment The next Town Board meeting was set for Monday, January 10, 2005 at 7:30 P.M. Moved by Vernon Pogue, second by Doug Yelk to adjourn this meeting. Motion carried.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

The chairman declared the meeting adjourned at 9:05 P.M.

Correct Attest,

Joan M. Rademacher

Deputy Clerk