123 East Elm Street

715.425.0900, Ext.108

River Falls, WI 54022

FAX 715.425.0915

MINUTES

Plan Commission

05 June 2007

6:30 p.m.
City Council Chambers

CALL TO ORDER/ROLL CALL – meeting convened at 6:30 p.m.

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

There was a quorum present at all times.

Staff present: Buddy Lucero, Planning Director; Tony Steiner, City Planner; Dena Mleziva, City Planner

Guests present: Michael Stifter, 930 Falcon Drive

APPROVAL OF AGENDA/MINUTES –
MSC Smith/Cronk to approve the minutes of May 1, 2007. Unanimous.

PUBLIC/CITIZEN COMMENTS – None

CURRENT PLANNING PROJECTS

Review and Make Recommendations to Council on Amending Chapter 17 of the Municipal Code by Creating a School Zoning District (SZ)

Mayor Richards recessed the Plan Commission meeting and opened a public hearing at 6:31 pm. Planning Director Lucero stated that presently, schools are a special use in the City Code. Staff received a letter from the Superintendent of Schools for River Falls requesting to amend the code and Zoning Map for a School Zone. The City Council agreed and adopted Resolution 4902 to direct the Planning Commission and staff to review, analyze and create a School Zone and amend the Zoning Map. Staff has been working with the School District in developing such standards for their properties. Updating the Municipal Code regarding School Zones (SZ) would streamline the process as well as reduce time and cost to the applicant and to the City. This is similar to the Hospital Zone created a year ago.

Mayor Richards closed the public hearing and reconvened the Plan Commission meeting at 6:32 pm.


Wronski referred to Page 2, Line 10, "bus facilities, storage facilities" verbiage. He questioned if the accessory use would be interpreted as "unlimited" in nature with no limitations. Discussions about if the School District would decide to move the bus/storage facilities from one property to another without PC approval, under this ordinance. Lucero stated this is language only, the School District would indicate those properties they want to rezone and the PC reviews the request. This would be an accessory to overall/actual use and require a Special Use Permit (SUP).

It was determined that the issue at hand is the "bus facility" and there needs to be clarification that anything regarding bussing would require a SUP.

MSC Wronski/Smith to approve the Resolution Creating a School Zoning District (SZ) for the City of River Falls Municipal Code, deleting the words "bus facilities" on Page 2, Line 20 in Section 17.60.030 of the Ordinance. Motion carried with Cronk voting against.

Lucero referred to Page 2, Line 20 (Sign Regulations) and made the suggestion to change Ch. 17.84.D. to
Ch. 17.84.F. to be consistent with Sign Standards.

MSC Wronski/Heimerl to approve Lucero’s advice to change Ch. 17.84.D. to Ch. 17.84.F. Unanimous.

Review and Make Recommendations to Council on Amending Chapter 17 of the Municipal Code by Creating a New Definition and Rules for Conservation Areas within the Conservation District of the Municipal Zoning Code

Mayor Richards recessed the Plan Commission meeting and opened a public hearing at 6:49 pm. Planner Steiner stated there is an interest by the Park Board to revise the code and expand the regulations governing Foster Cemetery and other public areas that are deemed worthy of special recognition and protection. A preliminary draft ordinance was presented to the Environmental Committee and the Park Board. Both gave support to the idea.

The definition of "conservation park" does not provide a process for recognizing and designating these special areas. The definition does not spell out standards regarding allowable uses, personal conduct and maintenance practices.

Mayor Richards closed the public hearing and reconvened the Plan Commission meeting at 6:51 pm.

Steiner confirmed that a head stone is considered "real property."

After interdepartmental review of the ordinance, there was concern from the Police Chief. PC discussed the concerns individually:

Page 1, Lines 19-22. Definition of alcohol beverages. PC has no concerns on language.

Page 3, Lines 2-3. Hours. Reese agrees with Police Chief, as the hours need to be consistent.

MSC Reese/Bowen to amend the hours to have set hours from 11:00 pm to 5:00 am. Unanimous.

Page 4, Lines 3-6. Hunting, trapping, possession of firearms. Steiner believes language is adequate.

Page 4, Lines 16-23. Enforcement. Enforcement is the Police Department’s (PD) role. Foster Cemetery is not patrolled, if there is a complaint, it becomes the responsibility of the PD. The PC is not requesting an additional patrol officer or more responsibility. The cemetery is remote but does have neighbors. Language acceptable.

Page 5, Line 1-4. Penalty. City has forfeiture bond schedule, discussed deleting $35 and $300 amounts.

MSC Cronk/Tomlinson to amend the ordinance (page 5, Lines 2-3) to read "forfeiture per the Municipal Court forfeiture schedule, which is updated regularly by the City Council, shall be responsible…" Unanimous.

MS Schultz/Reese to approve the Resolution Regarding Amending Chapter 17 of the City of River Falls Municipal Code (Conservation Area), including the above-mentioned two approved amendments.

Wronksi has a problem/dilemma with the ordinance. He feels a lot of this language overlaps with the Park and Rec and is duplication. The code has room for improvement and it’s a good opportunity to fix it now by incorporating the two ordinances. Attorney Thiel wants it under zoning. Steiner wants to call attention to these special conservation areas, and it gets lost in the other ordinance. There is a difference between conservation and conservancy. Steiner feels this is a step in the right direction but it is difficult to combine into one ordinance. The other code is 1˝ pages and this one ˝ page. Lucero stated staff has a summer intern doing research on all codes. The information compiled will be put together comprehensively and reviewed. Cronk stated we should do it right the first time, why pass it now and change it later?

Motion failed.

Review and Make Recommendations to Council on Amending Chapter 17 of the Municipal Code Regarding Notice of Public Hearings

Mayor Richards recessed the Plan Commission meeting and opened a public hearing at 7:16 pm. Lucero stated that on occasion, we are holding public hearings at the PC and City Council in which only one public hearing is required by State Statutes. In an effort to streamline the process, City Council approved a resolution to have staff review, analyze and update the notice process for public hearings, which will reduce time and cost to the applicant as well as to the City. Staff is recommending a public meeting with notice at the PC and a public hearing with notice at the City Council.

Mayor Richards closed the public hearing and reconvened the Plan Commission meeting at 6:20 pm.

Cronk confirmed that at PC level there would be a public hearing with notice with no legal guidelines and only requires a one-week notice. The public hearing with notice at the City Council is a legal meeting requiring two weeks notice.

Mayor Richards noted that the Resolution on Exhibit 2, the word "Statues" in paragraph one and two should be changed to "Statutes."

MSC Heimerl/Cronk to approve the Resolution to Direct Staff to Review, Analyze and Update the Notice Process of Public Hearings throughout the Municipal Code. Unanimous.

CURRENT PLANNING PROJECTS –

Discussion Regarding Sign Standards for the University (U) Zoning District

Planner Mleziva stated the purpose is to review and analyze draft sign standards for the University District and is for discussion purposes only. Wronski commented on Page 2, Line 5 "white light." Mleziva suggested changing the title and references throughout the ordinance from "University" to "School" if applicable to School District.

Lucero stated it could be kept, as "University" and the school would need to comply with this ordinance.

Mike Stifter, UW-RF, stated he would appreciate feedback. Their goal is to have the signs on Cascade in place by fall 2007.

Mleziva stated if the University wants to do other things, their option is a SUP, which they pay for. This doesn’t have to be written in the ordinance since this verbiage is already in the sign ordinance.

UDPATE AND INFORMATION

Lucero made reference to the Planning Department Flow Chart included in the June 5 PC packet of information.

Lucero thanked Dena Mleziva for her past four years of employment with the City and wished her well.

Mleziva thanked staff and PC members for their friendship during her years here.

Lucero introduced and welcomed new PC member Tom Heimerl to the Commission.

CALENDAR

It was determined there would be no PC meeting on July 3 due to the 4th of July holiday and that the regular monthly PC meeting will be held on July 17.

ADJOURNMENT – MSC Cronk/Reese to adjourn the PC meeting at 7:40 pm. Unanimous.

Respectfully Submitted,

___________________________________________

Kristie Bulthuis, Recording Secretary