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; Carrie Fisher, RFMU Office Manager; Kristy Treichel, Water Resources Civil Engineer

Guests present: Todd Rapp (Lyman Development)

PUBLIC/CITIZEN COMMENTS – None

Extension of Highview Meadows Developer’s Agreement

The City Council approved the developer’s agreement for the Highview Meadows Subdivision on December 9, 2003, which also includes the Royal Oaks of River Falls development. The developers, Lyman Properties, LLC, and Royal Oaks of River Falls, LLC, have requested a five-year extension of the agreement’s terms. Section 5.1 of the approved Highview Meadows Developer’s Agreement has granted a five-year variance to the developers to seek final plat approval for all phases of the development with the option to request a five-year extension at anytime prior to the expiration of the original time limit for final plat approval. Since the Developer’s Agreement was signed on December 9, 2003, an additional five-year extension would cause the agreement to be valid until December 9, 2013. All of the lots in Royal Oaks of River Falls have been final platted. The southern portion of the Highview Meadows development, approximately 98 lots, still needs to be final platted.

Planning Director Lucero stated that Lyman Properties, LLC has requested a five-year extension due to changes in the economy. This extension would allow them more time to submit final plats.

Morrissette stated it seems premature to request the extension because it doesn’t expire for another 18 months.

Wronski confirmed that in the Developer’s Agreement an extension could be requested any time and that five years is a State Statute. Lucero confirmed that the State Statute is also for building permits. If approved under the old statute and regulations, it keeps us abreast of those changes with the applicant. Morrissette feels it make sense with possible changes down the road, to wait and incorporate new changes at time of extension. Wronski stated from a Plan Commissioner perspective, we don’t want to discourage large, well-planned developments. Because the maximum is ten years, we’re telling the developer to be aggressive. We want to encourage the project to move forward and don’t want to see the area vacant for ten years. Schultz agreed with Morrissette in waiting to apply closer to the first five-year timeframe. Morrissette says if the commitment is through 2013, why not wait another year to address, especially if a change in code would affect the preliminary plat that’s been approved?

Todd Rapp, attorney for Lyman Properties, addressed the PC. He stated he is here for Mr. Jim Johnston, Vice President of Lyman, who cannot attend. Rapp expressed his satisfaction in dealing with Johnston and confirmed that he is an honorable developer, and that Johnston is proactive in making the application by not waiting until the last minute. Rapp explained that the entire project was optioned to Lennar in 2004-05, and Lennar suspended and walked away from the option. Because Lyman is a Minnesota entity, Rapp spent five months last year gaining approval (they gained approval last Fall 2007) from the MN Commission of Commerce to market in Wisconsin under MN State Statute 462. Due to the negative market/ economy adversity and almost no sales last year, the reason for the application and motivating factor is to know they have at least five years to market and sell the lots. Rapp confirmed that Lennar is finishing the properties they have committed to and Lyman is honoring the Lennar Townhome agreements. Rapp urged the PC that if there are questions and concerns that still need to be addressed and answered, please table the request and not deny it because there is no urgency.

Mayor Richards asked what is the advantage to Lyman and disadvantage to the City is if we approve now? Morrissette stated in protecting the City, if there is a change in the next 18 months that the City wants in effect, by granting the renewal now it can’t incorporate that change. Wronski stated we are talking about a preliminary plat, not a PUD. Because Lennar backed out on their commitment, Lyman needs to market and has a longer vision. That’s the reason for the application.

Stormwater Ordinance Revisions

Kristy Treichel, Civil Engineer, Water Resources, stated that the proposed ordinance has minor changes from the current version. These changes were made to clarify areas and to address sites with considerations that are not clearly outlined in the current ordinance. The supplemental Storm Water Management Standards have also been revised.

Mayor Richards (refer to page 2) asked why the infiltration devices section was changed from 1,200 feet to 400 feet? Treichel explained that the change was made to be in compliance with the language in the Wellhead Protection Ordinance. Wronski added that it was to maximize areas without causing potential harm to the wells.

Lucero (refer to page 2) asked why the gravel lots verbiage? Treichel stated it’s to define an impervious lot surface. Presently gravel lots are being treated the same as pavement. This comes into play when paving over a gravel area and will not allow the property owner to get the stormwater credit.

Lucero stated that a few months ago, there was a possibility of amending the Shoreland Ordinance to be part of the Subdivision Ordinance for extraterritorial subdivision planning. It was determined that we can’t apply the Shoreland Ordinance outside of the City limits and that to enforce the Shoreland Ordinance and take full advantage of the Stormwater Ordinance, it would be a better fit in the Zoning Section of the Municipal Code. Lucero suggested that the Engineering Department look at relocating the Shoreland and Stormwater Ordinance with Section 17 of the Zoning Ordinance and bring their findings to the PC. This would give more authority in stormwater planning in extraterritorial areas.

Carrie Fisher, RFMU Office Manager, reviewed the proposed changes and stated that the City Attorney recommends changing the Wellhead Protection Ordinance to Chapter 17.120.

Lucero has two concerns:

Discussion about property lines, encumbering property, restrictions, underground storage tanks, land use within certain zones of wells, lot sizes, and wellhead proximity. Wronski stated that "circles" are mandated by the State and that the DNR has imposed minimums (see figure 5). When looking at the zoning map, it determines residential, commercial or industrial. The 400 feet is a scientific measurement from the wellhead. Treichel stated that digital files of the "circles" are available. She also confirmed that from a stormwater perspective, they don’t want to be limiting. Wronski stated setbacks are similar to building setbacks.

Lucero stated there needs to be language in the Ordinance about making decisions, because setbacks can be taken to court. Wronski agreed this should be on the Zoning Map, and stream setbacks should also be on the map. Tomlinson asked for someone to provide specific language so we can move forward or table the issue.

Lucero suggested:

Fisher feels there is a hang-up on the word "map" and suggested changing "Map" to "Figure." Lucero stated the five maps are not readable and would like one single map. It was determined that staff needs to work together to resolve this issue and develop language. Question was asked about Well #1. It is no longer in use.

Staff & City Administrator formal meeting with Town of River Falls Friday, May 4, on Agreements.

Staff has drafted a Conservation Cluster Ordinance.

Introduced Zone Change Notice Sign (18x20 sign, includes meeting date, contact person & zone change) required to be set on property/on site ten days prior to zone change.

Plan Commission Newsletter and Yearly Trends Report available.

It was determined that the workshop scheduled for May 15 will be cancelled.

Mayor Don Richards honored Scott Morrissette with an appreciation plaque and thanked him for his involvement on the PC and ETZ from July 2006-May 2007.

Respectfully Submitted,

Kristie Bulthuis, Recording Secretary