COMMITTEE OF THE WHOLE
SUN PRAIRIE, WISCONSIN 53590
August 7, 2007
Council President Zach Weber called the meeting of the Committee of the Whole to order at 5:12 p.m. The meeting was
held in the Municipal Building, Room 215, 300 E. Main Street.
held in the Municipal Building, Room 215, 300 E. Main Street.
1. ROLL CALL
Committee members present: Mike Bruhn, Russell Fassbender, Jon Freund, Hariah Hutkowski, John Murray, Steve
Villand, Rodney Weber, Zach Weber
Villand, Rodney Weber, Zach Weber
Committee members absent: None
Other Elected Officials present: Joe Chase
Staff present: Patrick Cannon, City Administrator; Bill Burns, Assistant City Administrator/Finance Director; Frank
Sleeter, Chief of Police; Diane Hermann-Brown, City Clerk; Paul Evert, Assistant City Administrator/Legal Director
Sleeter, Chief of Police; Diane Hermann-Brown, City Clerk; Paul Evert, Assistant City Administrator/Legal Director
Others present: Pete Synder, Don Hooser, John Muller
2. CITIZENS APPEARANCES/PUBLIC COMMENT
None
3. APPROVAL OF THE MINUTES FROM THE JUNE 26, 2007 MEETING
MOTION: To approve the minutes as presented
Bruhn(1), Freund(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
4. UNFINISHED BUSINESS
A. Consideration and discussion of a draft ordinance creating Section 8.12.015—Outdoor Wood-Fired Furnaces
This item was discussed at the July 17, 2007 Committee of the Whole meeting after being referred by Ald. Freund as a result
of complaints from constituents regarding a residence where there is a HeatMaster SS unit in the yard, which burns wood to
heat the home and to heat the water in the home. The unit produces smoke that is causing problems in the neighborhood,
such as preventing windows from being left open, preventing people from using their decks, preventing people from hanging
laundry outdoors, and producing an unpleasant odor, among other things. There is also a concern over the types of materials
being burned. A petition signed by residents of Allison St. and Daniel St. was presented at the July 17 meeting. The
residents are requesting that “outdoor burning furnaces be banned and removed from the inner city limits.”
of complaints from constituents regarding a residence where there is a HeatMaster SS unit in the yard, which burns wood to
heat the home and to heat the water in the home. The unit produces smoke that is causing problems in the neighborhood,
such as preventing windows from being left open, preventing people from using their decks, preventing people from hanging
laundry outdoors, and producing an unpleasant odor, among other things. There is also a concern over the types of materials
being burned. A petition signed by residents of Allison St. and Daniel St. was presented at the July 17 meeting. The
residents are requesting that “outdoor burning furnaces be banned and removed from the inner city limits.”
Action was taken at the July 17, 2007 Committee meeting to “direct staff to create an ordinance with the intention to restrict
the continual use of these types of units.”
the continual use of these types of units.”
The resident who owns the unit in question, Pete Snyder, 900 Allison St., was present. He told the Committee that last fall he
contacted the City and received his permit to use the outdoor furnace. He can see where summer can be a problem; wants to
use it in the winter. He gets oak pallets at no cost. He has spent over $6,000 in order to have the unit. Mr. Snyder is okay with
seasonal restrictions.
contacted the City and received his permit to use the outdoor furnace. He can see where summer can be a problem; wants to
use it in the winter. He gets oak pallets at no cost. He has spent over $6,000 in order to have the unit. Mr. Snyder is okay with
seasonal restrictions.
Ald. Freund commented that he has been able to smell smoke when he has visited the neighborhood.
Ald. Fassbender said that he understands that Mr. Snyder received a permit. He has talked with the neighbors. On August 10,
2007 Ald. Fassbender could smell wood smoke in the neighborhood.
2007 Ald. Fassbender could smell wood smoke in the neighborhood.
Question: Can we ban other burning materials?
Ald. Hutkowski had a question on grandfathering.
Mr. Evert stated that it should be a health and safety issue, not a zoning issue.
Ald. Hutkowski asked if there are other units in the city. Mr. Evert replied not that we are aware of.
Ald. Bruhn stated that he understands the concerns of the owner. There must be a concern if the DNR has a model ordinance.
He also pointed out that the unit is only 5 to 6 feet from the lot line.
He also pointed out that the unit is only 5 to 6 feet from the lot line.

Ald. Z. Weber asked if Mr. Snyder could recover his expenses if he sold the furnace.
Ald. Murray asked what is the difference with heating with a “pot belly” stove within the city. He feels that prohibiting Mr.
Snyder from using his outdoor furnace is a “taking.”
Snyder from using his outdoor furnace is a “taking.”
Mayor Chase asked if there is any way to minimize the smoke.
Ald. Villand commented that this matter has received the most input on any issue to date. This seems to be a low oxygen
burning furnace causing a smoldering effect. He is wondering if the owner can talk with the manufacturer.
burning furnace causing a smoldering effect. He is wondering if the owner can talk with the manufacturer.
Ald. Hutkowski commented that if it was his neighborhood he would vote against it, and noted that Mr. Snyder has done it
legally. Ald. Hutkowski said that he understands that with a “taking”, Mr. Snyder could file a claim against the City.
legally. Ald. Hutkowski said that he understands that with a “taking”, Mr. Snyder could file a claim against the City.
Ald. Freund said that he understands the investment, and thinks that a November through March period would be acceptable;
however, he does not want more of these units in the city. There are not enough spaces in city lots.
however, he does not want more of these units in the city. There are not enough spaces in city lots.
The owner is getting another section of stack, which will help more in the winter.
It was mentioned that the stove has a 20-year warranty.
John Muller commented that the unit should be attached to the house.
It was noted that the furnace was installed October/November 2006, and the first complaint was received April/May, 2007.
Mayor Chase commented that if it creates a nuisance, the owner could be fined.
Ald. Murray requested to amend the draft ordinance as follows:
o To grandfather the unit at 900 Allison St., but not allow others in the city
o To limit the materials to be burned to wood and corn
o That there be a minimum chimney requirement
o To change to “fired furnace”
o When the property sells, the unit must be removed
o Allow usage from November 15 to March 15 only
o To limit the materials to be burned to wood and corn
o That there be a minimum chimney requirement
o To change to “fired furnace”
o When the property sells, the unit must be removed
o Allow usage from November 15 to March 15 only
MOTION: To recommend that City Council approve the ordinance creating Section 8.12.015 with the changes
as noted
as noted
Murray(1), Freund(2)
Aye: Bruhn, Fassbender, Freund, Murray, Villand, R. Weber, Z. Weber
Nay: Hutkowski
Item 4.B. was moved to the end of the agenda.
5. NEW BUSINESS
A. Public Hearing – Consideration and discussion of an application for a Class “B” Fermented Malt Beverage and
Class “C” Wine License for What’s Brew’n in Sun Prairie, LLC, 3140 Edmonton Drive, Agent – Pamela Totzke
Class “C” Wine License for What’s Brew’n in Sun Prairie, LLC, 3140 Edmonton Drive, Agent – Pamela Totzke
The public hearing opened at 5:50 p.m.
The public hearing closed at 5:52 p.m.
The applicants were present, and stated that the establishment will be open until 9 p.m. or 10 p.m. on weekends, and 8 p.m.
on weekdays. They will also serve food.
on weekdays. They will also serve food.
The appropriate departments have conducted the required inspections and investigations.
Ald. Murray noted that What’s Brew’n in Sun Prairie is located behind the Five and Diner; and that beer and wine will not
be served outside.
be served outside.
The applicant will be required to pay a proration of the fees once the license is approved by the Common Council and prior
to the issuance of said license for the 2007-08 license year.
to the issuance of said license for the 2007-08 license year.

Staff recommends that this application be approved contingent upon the following:
Staff recommends that this application be approved contingent upon the following:
1. The appropriate fees must be paid at the time of issuance.
2. The owner must provide a copy of their current Sellers Permit.
3. The owner must provide proof of access or ownership of the building.
4. The owner shall provide proof of the Department of Health Inspection.
5. The owner will be required to comply with the requirements of the Outdoor/Sidewalk Cafe area as defined in the
CUP for 3140 Edmonton Drive. Any change to this condition will require a new application for an Outdoor Café
Permit.
2. The owner must provide a copy of their current Sellers Permit.
3. The owner must provide proof of access or ownership of the building.
4. The owner shall provide proof of the Department of Health Inspection.
5. The owner will be required to comply with the requirements of the Outdoor/Sidewalk Cafe area as defined in the
CUP for 3140 Edmonton Drive. Any change to this condition will require a new application for an Outdoor Café
Permit.
MOTION: To recommend that City Council approve the application for a Class “B” Fermented Malt Beverage
and Class “C” Wine License for What’s Brew’n in Sun Prairie, LLC, 3140 Edmonton Drive per the
staff contingencies noted above
and Class “C” Wine License for What’s Brew’n in Sun Prairie, LLC, 3140 Edmonton Drive per the
staff contingencies noted above
Bruhn(1), Murray(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
B. Consideration and discussion of entering into a Municipal Deputization Agreement with the Dane County Sheriff
Police Chief Frank Sleeter explained the agreement, and the advantages of entering into it. The agreement provides Sun
Prairie officers with the ability, but not the obligation, to take action outside the city in situations not authorized under State
Statute. State Statute allows a police officer to take action outside their jurisdiction only in emergency or felony situations.
The agreement allows for more efficient and effective policing when emergency or felony State Statute provisions do not
apply.
Prairie officers with the ability, but not the obligation, to take action outside the city in situations not authorized under State
Statute. State Statute allows a police officer to take action outside their jurisdiction only in emergency or felony situations.
The agreement allows for more efficient and effective policing when emergency or felony State Statute provisions do not
apply.
MOTION: To recommend that City Council approve the Sun Prairie Police Department entering into the
Municipal Deputization Agreement as presented
Municipal Deputization Agreement as presented
Freund(1), Villand(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
C. Consideration and discussion of an application from the American Legion Post #333 for a Temporary Class “B” /
“Class B” Alcohol Beverage License to sell fermented malt and wine beverages
“Class B” Alcohol Beverage License to sell fermented malt and wine beverages
The application is to sell fermented malt and wine beverages at the 2007 Sweet Corn Festival, August 16 to 19, 2007 at Angell Park.
The application has been reviewed by EMS, the Fire Department and the Police Department. All comments are included in the
attached Report of the City Clerk.
attached Report of the City Clerk.
It was noted that Thursday night has been added to the beer tent schedule, and there will be no police presence that evening
due to the costs. It was also noted that the Police Department has security issues with the application.
due to the costs. It was also noted that the Police Department has security issues with the application.
There was a question on the number of officers on Friday and Saturday nights.
Ald. Bruhn questioned why we have officers checking IDs.
Don Hooser commented that we should re-evaluate law enforcement at the beer tent.
MOTION: To recommend that City Council approve the application from the American Legion Post #333 for a
Temporary Class “B” / “Class B” Alcohol Beverage License to sell fermented malt and wine
beverages per the contingencies noted in the Report of the City Clerk
Temporary Class “B” / “Class B” Alcohol Beverage License to sell fermented malt and wine
beverages per the contingencies noted in the Report of the City Clerk
Fassbender(1), Freund(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
D. Consideration and discussion of an application for a Transient or Temporary Special Event Permit for the
Sweet Corn Festival to be held Thursday, August 16 through Sunday, August 19, 2007 at Angell Park
Sweet Corn Festival to be held Thursday, August 16 through Sunday, August 19, 2007 at Angell Park
The application is consistent with past years. City Clerk Diane Hermann-Brown outlined the restrictions.
Ald. Murray asked if anyone from the City inspects the rides. Answer: The State does this annually. The City only verifies that the
stickers have been issued.
stickers have been issued.

The application has been reviewed by EMS, the Fire Department and the Police Department. All comments are included in the
attached Report of the City Clerk.
The application has been reviewed by EMS, the Fire Department and the Police Department. All comments are included in the
attached Report of the City Clerk.
MOTION: To recommend that City Council approve the application for a Transient or Temporary Special
Event Permit for the Sweet Corn Festival to be held Thursday, August 16 through Sunday, August
19, 2007 at Angell Park per the contingencies noted in the Report of the City Clerk
Event Permit for the Sweet Corn Festival to be held Thursday, August 16 through Sunday, August
19, 2007 at Angell Park per the contingencies noted in the Report of the City Clerk
R. Weber(1), Villand(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
E. Consideration and discussion of an application for a Transient or Temporary Special Event Permit for Carson &
Barnes Circus to be held on Wednesday, August 22, 2007 at Angell Park
Barnes Circus to be held on Wednesday, August 22, 2007 at Angell Park
Ms. Hermann-Brown read the contingencies. The application has been reviewed by EMS, the Fire Department and the Police
Department. All comments are included in the attached Report of the City Clerk.
Department. All comments are included in the attached Report of the City Clerk.
MOTION: To recommend that City Council approve the application for a Transient or Temporary Special
Event Permit for Carson & Barnes Circus to be held on Wednesday, August 22, 2007 at Angell Park
per the contingencies noted in the Report of the City Clerk
Event Permit for Carson & Barnes Circus to be held on Wednesday, August 22, 2007 at Angell Park
per the contingencies noted in the Report of the City Clerk
Hutkowski(1), Freund(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
F. Consideration and discussion of the 2007 James J. Reininger Lifetime Achievement Award
City Administrator Pat Cannon, Chris Mertes, Editor of The Star, and Marilyn Reininger had met earlier in the day to discuss
candidates. Their recommendations were Sister Anne Raymond, Betty Jean and Tom Deiner, and Wilfred Fassbender.
candidates. Their recommendations were Sister Anne Raymond, Betty Jean and Tom Deiner, and Wilfred Fassbender.
MOTION: To recommend that City Council approve awarding the 2007 award to Sister Anne Raymond, Betty
Jean and Tom Deiner, and Wilfred Fassbender
Jean and Tom Deiner, and Wilfred Fassbender
Villand(1), Freund(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
4.B. Adjourn into closed session pursuant to Wisconsin State Statute 19.85(1)(e)—Sale of City Property; Negotiations,
for consideration and discussion of sale of City property – TIF #9
for consideration and discussion of sale of City property – TIF #9
MOTION: To adjourn into closed session
Bruhn(1), R. Weber(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
While in closed session, the Committee discussed the closed session matter.
C. Return to open session for possible action regarding the closed session matter
MOTION: To return to open session
Freund(1), Hutkowski(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
MOTION: To recommend that City Council authorize the sale of the site in TIF #9 to SSM Health Care of Wisconsin,
Inc., and approve the accompanying Declaration of Protective Covenants for the O’Keeffe Centre Plat, an
Agreement for Purchase and Sale, and an Agreement for Land Division Improvements
Inc., and approve the accompanying Declaration of Protective Covenants for the O’Keeffe Centre Plat, an
Agreement for Purchase and Sale, and an Agreement for Land Division Improvements
Freund(1), Bruhn(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None

6. REPORT OF COUNCIL PRESIDENT
6. REPORT OF COUNCIL PRESIDENT
1. The Capital Improvement Plan / budget items will be discussed at the August 21, 2007 Committee of the Whole meeting.
2. An e-mail was sent this afternoon regarding an August 23, 2007 public meeting concerning the W. Main Street Project
Plan, to invite residents along Main St. The meeting will be held in the Municipal Building Community Room at 6 p.m.
Plan, to invite residents along Main St. The meeting will be held in the Municipal Building Community Room at 6 p.m.
3. The contract with Sun Prairie Volunteer Fire Department, Inc. will be discussed at the August 14, 2007 Committee of the
Whole meeting. City staff, the Mayor and Council President met with Fire Chief Steve Knaus on August 7, 2007.
Whole meeting. City staff, the Mayor and Council President met with Fire Chief Steve Knaus on August 7, 2007.
4. The pending Committee of the Whole item regarding formation of a task force for Internet crimes against children is put
on hold until after school starts.
on hold until after school starts.
7. COUNCIL LIAISON/COMMITTEE MEMBER REPORTS
BID
BUSINESS PARK
CATV
CHAMBER OF COMMERCE
COLONIAL CLUB
COMMUNITY DEVELOPMENT AUTHORITY
DANE COUNTY CITIES AND VILLAGES ASSOCIATION – Ald. Freund announced a meeting of the DCCVA and the
Towns Association at 7:30 on August 8, 2007.
Towns Association at 7:30 on August 8, 2007.
DANE COUNTY PUBLIC SAFETY BOARD
DISABILITY ADVISORY STEERING COMMITTEE
ECONOMIC DEVELOPMENT COUNCIL
FIRE PROTECTION ADVISORY BOARD
HIGH SCHOOL PLANNING COMMITTEE
LIBRARY BOARD
PARKS AND RECREATION
SCHOOL BOARD
STRATEGIC PLANNING
TOURISM
TRANSIT COMMISSION
WATER AND LIGHT COMMISSION – John Muller spoke regarding the dark lights ordinance. He also indicated that
the WPPI energy audit was sent to Dennis Allen.
the WPPI energy audit was sent to Dennis Allen.
YOUTH AND FAMILIES COMMISSION
Mayor Chase announced a meeting regarding the Dane County Comprehensive Plan at 5:30 on August 8, 2007. He
mentioned that he has been attending the CARPC meetings.
mentioned that he has been attending the CARPC meetings.
Also noted is that National Night Out is August 9, 2007.
8. REFERRALS FOR FUTURE AGENDAS
None
9. ADJOURNMENT
MOTION: To adjourn the Committee of the Whole meeting at 6:56 p.m.
Bruhn(1), Fassbender(2)
Aye: Bruhn, Fassbender, Freund, Hutkowski, Murray, Villand, R. Weber, Z. Weber
Nay: None
I hereby certify that the foregoing was action of the Committee of the Whole on the 7th day of August 2007.
________________________________________
Zach Weber, Council President
________________________________________
Patrick Cannon, City Administrator – Recorder
Minutes approved as distributed at the August 14, 2007 meeting of the Committee of the Whole.


