1. Call to Order.  The regular meeting of the Town of Sun Prairie Plan Commission was called to order at 7:05 p.m.  The following members were present:  Chairman Roger Fetterly, Jane Fiala, Dot Havens, Alan Meyer, Paul Stang, John Quimby and Doug Yelk.  Also present:  Town attorney, Mark Hazelbaker, James Muir, Vince Maly and Michael Devenish.
  2. Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on December 9, 2014.
  3. Approval of the minutes of previous meeting.  Hearing no objections; November 17, 2014 Plan Commission meeting minutes were approved as submitted.
  4. Recess for comments by visitors:  No public comments were presented.
  5. Consider and take action on a preliminary plan by James Muir.  Petitioner Muir requests that the requirement to comply with the 1994 Developer’s agreement, as amended August 23, 2004, be rescinded and allow construction of a home and an auxiliary building on a 36.94 acre parcel zoned RH-4, Rural Homes, on the north side of Deer Creek Run, Section 17, Town of Sun Prairie.  In addition consider access issues for properties adjacent to the public right-of-way.

    Mark Hazelbaker was present to provide answers on legal questions related to the petition.  Mark made the following comments:
    a.  The existing Developer’s Agreement remains in effect and applies to the current owners of adjacent properties.
    b.  The Developer’s Agreement requires that as a condition for building a residence(s) on lots 1 and/or 2, the developer is required to build the road.
    c.  CSM 11221 verifies that the unfinished section of Deer Creek Run has been dedicated as a public highway right-of-way and has been accepted by the Town of Sun Prairie.
    d.  Vacating the right-of-way is not a good idea for future planning purposes.
    e.  The law requires that developers are responsible for the cost of road building which serves the property owners who benefit from the road.
    f.  A special assessment could be imposed on adjacent property owners to cover the cost of constructing the road.
    g.  It would be in the best interest of the Town and the owners of the Maly property to keep the property in A-1(ex) agricultural zoning and not sub-divide.
    h.  Consider adopting an official map for planning purposes to show intent to link Deer Creek Run across the Maly property with Parkview Road.
    i.  Proposes a forbearance developer’s agreement involving all benefiting property owners to address further development on property(s) adjacent to the unfinished Deer Creek Run right-of-way.

    Motion by Yelk/Stang to have Mark Hazelbaker draft a Modified Developer’s Agreement requiring the completion of the remaining unfinished section of Deer Creek Run with the cost of construction to be shared among the adjoining property owners before any Certified Survey Maps or building permit(s) would be approved.  Motion carried.

  6. Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for January 19, 2015 at 7:00 p.m.
  7. Adjournment.  The meeting adjourned at 9:15 p.m.

Respectfully submitted for the record.
Roger Fetterly, Chair