Members present: Mayor Don Richards, Susan Reese, Todd Schultz, Erin Tomlinson, Ellen Smith, David Cronk, Sandy Bowen, Scott Morrissette, Reid Wronski

There was a quorum present at all times.

Staff present: Buddy Lucero, Planning Director; Dena Mleziva, City Planner; Carl Gaulke, Utilities General Manager

Guests present: Scott Teigen (Kwik Trip); Dale Braun (UWRF); Laurie Smith (Sheridan Court Apartments)

PUBLIC/CITIZEN COMMENTS – None

Amending the Official Zoning Map and the Comprehensive Land Use Map, Rezone 1.10 Acres from R-3 (Multiple Family) to U (University), and 2.56 Acres from B-3 (Highway Commercial) to U (University) at 1042 South Main Street

Mayor Richards recessed the Plan Commission meeting and opened a public hearing at 6:32 pm. Planner Dena Mleziva informed the PC and audience that Northwest Investments of LaCrosse (Kwik Trip) is currently working with the University of Wisconsin-River Falls (UWRF) on a land swap. The transaction involves UWRF swapping a 1.83-acre portion of the Ramer, Hunt, Knowles parking lot for the property owned by Northwest Investments at 1042 South Main Street. It is the intent of UWRF to relocate the 200 parking spaces that will be displaced from the Ramer, Hunt, Knowles parking lot due to the land swap on the acquired property and also use it for the future expansion of the Hunt/Knowles complex. Because of the anticipated use of the property by the University, the property must be rezoned to U (University). Parking lot facilities are not permitted within the R-3 (Multiple Family) or B-3 (Highway Commercial) zoning districts. The proposal to rezone the R-3 and B-3 to U (University) is consistent with surrounding zoning because the properties to the east and south are zoned U.

UWRF has indicated that the parking lot at 1042 South Main Street will be temporary in nature (gravel) until the expansion of the Hunt/Knowles complex is completed with construction anticipated to begin in 2009. Although lot surfacing shall be completed within one year of completion or occupancy, staff will allow a temporary parking lot to be located at 1042 South Main Street for a three-year period starting from the date this rezoning is approved by City Council. Once planning has been completed for the parking lot, UWRF shall provide the Planning Department with a parking plan for review. In an effort to protect these residents from car lights, noise, and litter that can come from a parking lot, staff is requesting, as a condition to the temporary parking lot extension, that a solid barrier be installed to separate these uses.

Notification letters were sent on March 19, 2007 to surrounding property owners within 300 feet of the property requested to be rezoned. Staff has received no comments.

Mayor Richards asked if the row of trees along South Main Street (west of the parking lot) would be affected? Mleziva stated the trees will remain with a minimum of trees sacrificed and that additional trees and landscaping will be added. Wronski stated that presently there is no tree preservation ordinance.

Scott Teigen (CFO of Kwik Trip) confirmed that they would save as many good trees as possible along Main Street and the south edge to screen neighbors.

Dale Braun (Campus Planner, UWRF) also addressed the tree issue. He stated the University is working with the City, Kwik Trip and the local Utility Department. He confirmed the University would grant a 45’ easement to the City to avoid losing trees in the relocation of the sewer line. He expressed his excitement in securing State planning dollars for the much-needed physical education building and that planning will begin this fall. One of the obstacles in this project is gaining "U" zoning which he hopes to gain from the PC.

Braun wanted clarification in regard to the "solid barrier" that staff is requesting. Planning Director Lucero stated the barrier could be a fence, wall or berm. Braun will work with City on the barrier and feels this is a very reasonable request.

Morrissette asked about the 200 parking spaces that will be lost and the additional 150 spaces. Braun stated the 200 spaces that will be lost would be put into a temporary lot, so no net decrease. With the new building another 150 spaces will be added beyond that. The University’s goal is to have a total of 650 parking spaces. This will begin after graduation in mid-May and the lot will be developed by July 12.

Cronk asked if UWRF has gained State funding. Braun stated no, the project has received "planning authority," which is done two years ahead of gaining construction funding, and planning will begin this fall. They are confident that UWRF will receive the funding because the State doesn’t typically dedicate money to projects they don’t intent to build.

Laurie Smith (Sheridan Court Apartments Manager) addressed the PC. This has been in the works for two years and, as an adjacent property owner, he has never been involved in the discussions. He just received a letter on March 19 which says to come to the April 3 PC meeting. Smith stated they have a tremendous investment in the apartment complex. He wonders how he’ll tell his tenants about the new parking lot that doesn’t have to be paved for three more years. Smith’s concern is with the "gravel" parking lot, barriers, noise and dust, litter and how will they be protected from dust for the next three years. He talked about freeway noise and how these barriers won’t help; they’re just good for politics and cost the taxpayer’s money. He is frustrated because no one had the courtesy to inform him of the "U" zoning and that Kwik Trip has been accommodated, but not him; for two years no one asked for his input. Smith feels this will affect his tenants and the ability to rent out the units, damage his property and depreciate it. He stated numerous times about his issues with two-year discussions he wasn’t included in, that he wasn’t notified as an adjacent property owner and the gravel parking lot.

Wronski confirmed that the item on the agenda is rezoning from R-3 and B-3 to U, not about the parking lot. Ellen Smith inquired if Smith has a parking lot on his apartment’s property? Yes, there is a parking lot.

Mayor Richards stated that property owners within 300’ feet were notified. Wronski believes this is a neighbor-to-neighbor issue.

Mayor Richards asked Smith if his specific problem is with the gravel on the temporary parking lot. Wronski asked Smith to restate what he feels what damage actually will be. Smith does not want to go on record in detail stating what his damages may or may not be, but did state that apparently the University and City know there will be some kind of damage because they are talking about "barriers."

Wronski clarified how a public hearing works and that we need to close the public hearing at this point.

Mayor Richards closed the public hearing and reconvened the Plan Commission meeting at 7:08 pm.

Lucero also explained the procedures and process was followed according to the Municipal Code, including notification to property owners within 300’ (letter and map sent out) and that this process starts once the application is filled out.

Mayor Richards stated although we followed procedures, something fell through the cracks.

Schultz stated to Smith that the PC was not blind-sided. Although all the information hasn’t been communicated from the City or Kwik Trip, it has been published in the RF paper at least two times. Most people should be aware of the land-swap, parking, rezoning and building project.

Wronski stated that staff encourages the applicant to talk with affected neighbors, but we can’t force them. Cronk believes it would be premature on the University’s part to talk to affected neighbors before they have State funding, approval and a formal proposal is in place. The City received the proposal in mid-March, not two years ago.

Schultz clarified the reasons for the temporary gravel lot vs. a permanent surfacing until the building is complete to avoid tearing up a paved lot. Cronk suggested using trap rock vs. gravel to help control the dust problem. Wronski reminded PC and audience that this is not about approving the temporary lot. It is about rezoning.

Teigen made reference to Smith’s issue of not being involved for the past two years with Kwik Trip and the University in their negotiations/talks. He said the process started about a year and half ago talking with Carl Heise to rebuild on his property and then spoke with Dale Braun about the "right thing to do." Teigen apologized to Smith and acknowledged he was delinquent in not contacting all neighbors, but felt that Kwik Trip and the University were in agreement. This application was filed about 5-6 months ago and the "swap" deal didn’t happen until this past February.

Cronk feels, down the road, by rezoning this property to "U" vs. commercial, that the property will be enhanced.

He would rather see "University" property than "commercial" property.

Smith acknowledged Teigen and appreciates his comments. He is not against University zoning or the swap. He would have appreciated a phone call and the chance to be involved from the beginning. Smith stated he does not get the RF paper, nor does he feel obligated to purchase the paper because he is a River Falls property owner, living in Chaska and his office is in Minneapolis (the apartments in RF are mainly rented to college kids). He feels temporary doesn’t have to mean "not tarred" referring to the gravel issue. He’s unhappy with the process.

Wronski again reminded people that we are not dealing with parking lot, car lights, noise and litter right now. Lucero confirmed these issues would be addressed at a later date. Smith asked if he could have a copy of the staff report; Lucero acknowledged this info is available by requesting it from City offices or is available at the library. Smith says if he doesn’t know about the information, how can he request it? The only information he’s been provided is per the letter he just received and he was given the option to either call or attend, so he opted to attend the meeting tonight.

Reese thanked Smith for attending and expressed to him that we are sorry for this lack of communication; but reminded him that we have listened to his concerns and issues and now it is time to move on with our meeting.

Wronski asked Mleziva to forward all information on the temporary parking lot to Mr. Smith. Mleziva explained why her report included the temporary parking lot information, which was in an effort to protect residents from car lights, noise and litter and staff’s request for a solid barrier to be installed to separate these uses. She confirmed to Mr. Smith that she would send all information and correspondence to him. After hearing the reasons Mleziva just spoke about, Mr. Smith changed his mind and now he is against rezoning and the three-year parking lot extension.

Cronk hopes that Mr. Braun and the Planning Director resolve this issue before it goes any farther and that they include Mr. Smith in the process from this point forward. Mayor Richards stated this was a good lesson in communication.

Discussion on Amendment to the University Zoning District for Signs

Planner Dena Mleziva stated that the UWRF has indicated their interest in erecting new signage throughout the campus. In the past we have worked with the University in their submittals of permits for signs. We have also enforced the sign ordinance for those signs or banners that have been placed in such areas without permits. Under Section 1, Purpose, it states that the intent of the University District is to provide an orderly process whereby institutions of higher education can develop needed facilities yet exist and function in a manner compatible with the surrounding land use and the community as a whole. The last part of this purpose is the issue in which the PC must discuss and review the need to develop standards for signage. The University has a zoning district and the sign ordinance does not exempt UWRF from sign permits. The issue is providing sign standards that allow those properties adjacent to and surrounding land uses to be consistent. The University has shown an interest in erecting an electronic reader board and presently they are not permitted within the University District. Staff is requesting direction on whether to move forward in developing sign standards for the University District that are compatible with the surrounding land uses, or should they be reviewed on a case-by-case basis. She researched other universities and found that most cities don’t have a sign ordinance for universities.

Tomlinson feels this should be addressed because of the University’s location in the City. She doesn’t think electronic reader boards should be allowed at Cascade Avenue and Main Street. Cronk likes the electronic reader board and feels they are safe. He also encourages the University to communicate with the PC so the PC is involved, aware and has some input. Bowen has visited numerous Universities and is impressed with their signage. She doesn’t think the PC should declare what type of signage the University uses and she likes the electronic reader boards.

Planning Director Lucero restated the issue is that there are no standards. Staff’s concern is with safety of signs and setbacks. He would like standards in place for the University’s special events dictating appropriate placement of banners around/adjacent to the University, not within the University boundaries. The only time the University should have to address the PC on signage issues is when the signage is unique, i.e., special event banners.

Bowen expressed an interest in having directional signs throughout the City to direct visitors to the University. Wronski stated that Braun has indicated this is important in the future planning of Cascade. Schultz likes Lucero’s plan to create general standards and guidance. Mayor Richards asked about the height requirements referred to in Exhibit 2. Mleziva stated it is for buildings, not signs. Morrissette asked if CVTC is zoned University? Mleziva stated they are zoned commercial and need to comply with B-3 district standards.

Braun stated the signs along Cascade Street should be replaced and updated. The University is aware of the City’s sign ordinance and that’s why he addressed the City. They want to work with the PC on creating sign standards for the growing University. They are also considering marquee signs.

Planning Director Lucero stated that a School Zoning District does not exist in the Code. Schools are a special use in the City Code. This draft ordinance is to amend the Municipal Code in creating language for a School Zone (SZ) and is for review, comment and discussion (no action to be taken). There will be a public hearing on May 1, 2007 regarding this proposed ordinance. A SZ District would provide an area for the exclusive use of schools and auxiliary and accessory uses and structures as a permitted use of property, free of conflicts with other types of land uses. Updating the Municipal Code regarding School Zones would streamline the process, which will reduce time and cost to the applicant as well to the City. Lucero stated this is similar to the Hospital Zone ordinance created previously. The School District of River Falls supports the amendment to the Zoning Code, map and rezoning.

Morrissette asked if this ordinance were in place earlier, what would the process have been for the Special Use Permit for the YMCA daycare request? Lucero stated it still would have to be reviewed by PC. After short discussion, the PC fully supports the creation of the SZ ordinance.

In March 2007, the City Council amended the extraterritorial subdivision boundary line on the City Official Map, created extraterritorial subdivision regulations and amended the Comprehensive Plan. Mayor Richards asked if this is an example of the Randy Morrow property. Lucero stated, "yes." These amendments would allow a property owner to subdivide an existing lot with the new undeveloped lot to be used for open space or agricultural farmlands.

Planning Director Lucero stated it is important to tie into the Findings of Facts:

Planning Director Lucero stated the Conclusions of Law: "The application has been reviewed in accordance with the River Falls Municipal Code (RFMC) Chapter 16, Subdivision Title and Extraterritorial Subdivision." With that, staff recommends amending Section 16.10.130, and creates 16.10.135 of the Municipal Code for subdivision based upon findings of fact and conclusions of law.

Mayor Richards referred to the Resolution/Exhibit 2, the 6^th "WHEREAS," the word "residents" in the last line should be "residences." Tomlinson noted that in the same paragraph, the word "amendments" in the first line should be "amendment."

Workshop on April 17 discussions:

Downtown Market Analysis on Monday, April 9 at 6:00 pm in the Library

Respectfully Submitted,

Kristie Bulthuis, Recording Secretary