Members Present: Ray Knapp, Jan Cuccia, David Wolf, Bob Rolle, Mark Mitchell,
Paul Mahler
Members Absent: Joe
Duerre (excused)
Recording Secretary: Becky Lopez
Others Present:
Charlie Macdonell, Mark
Pendergast, Todd Bjerstedt
Call to Order
Ray Knapp called the meeting
of the Town of
AGENDA:
1. Approve Minutes;
2. Review & recommend
Letter of Understanding for vegetation removal in Lower St. Croix Riverway
District for St. Croix Electric;
3.
Discuss
sub-division landscaping standards;
4. Discuss questions posed by
CZC;
5. Building Permits/Utility
Permits;
6. Committee Reports &
correspondence;
7. Adjourn;
1. Approve Minutes;
Minutes of
the
typographical error changes that
needed to be made.
Ray asked for some clarification
on item #3 of the minutes. Jan passed out a letter from
the Town Board to the
Jan noted that the Town Board was
uncomfortable with the Plan Commission
recommendation to just share
concerns and not an approval or disapproval
recommendation with the County.
Mark
Mitchell moved to approve the minutes of the May 7, 2009 Plan
Commission. David Wolf seconded. All in favor. Motion passed.
Ray Knapp abstained because he was not at the May meeting.
2. Review & recommend Letter of
Understanding for vegetation removal in Lower
St.
Croix Riverway District for
Ray reminded the Plan Commission that
this had originally come up as a result of
vegetation removal done by
St. Croix Electric at the Mark
Swanson property. He directed the PC, and handed copies
to the public present, to a letter to St.
Croix Electric Cooperative which has been drafted
after meeting with the DNR, the
county, consultation with the town attorney and the
attorney for St. Croix Electric. He explained
that this letter acts as a riverway permit for
vegetation removal and will be sent
to SCEC if it meets the approval of the PC and the
Town Board. Ray drew the Plan
Commissions’ to a key area of the letter where the DNR
comments
“that federal standards for right
of way maintenance by rural electric
cooperatives (including REA Bulletin
50-3, Standard D 804, R-1 ‘take
precedence over the restrictions on vegetation
cutting in NR 118 and the county
zoning ordinance’”, adding that
“We believe any provisions of the
town riverway ordinance that conflict with or
frustrate the purpose of the federal law are
preempted by and give way to the
required
federal standards.”
Ray
summarized that the letter will serve as a three year Town riverway permit for
SCEC to continue its proposed tree trimming and cutting and brush removal in
the utility easement areas that SCEC maintains in the Town’s Lower St. Croix
Riverway district. The Town will be kept informed of SCEC’s activities and if
changes are made to Federal law, or other changes need to be made affecting
this permit, that the Town and SCEC will work together in a spirit of
cooperation to make those needed changes.
Mark
Mitchell asked Mr. Pendergast if these Clearance Specifications have been their
normal practice. He stated that they have been for the past seven years. Ray
then elaborated somewhat on the Clearance Specifications.
Bob
Rolle asked whether this document could be applied to other utility companies
in the area, such as Pierce Pepin and Excel Energy. Ray said that could be a
possibility. Bob asked that this be put on the PC agenda for July for further
discussion. Ray added that he felt that the Town has become more educated as a
result of this process.
Paul
Mahler asked what SCEC’s policy is for removal of trees that are cut down. Mark
Pendergast replied that SCEC does not remove the wood from the property. They
will brush and chip anything under 4-5”. Otherwise, it is cut up and stacked,
and the Homeowner is asked if they want it for firewood. If they don’t, SCEC
receives many calls inquiring about wood that has been cut, and with the
Homeowners’ permission, those callers may be directed to where they can pick it
up.
Jan
then asked who is responsible for remembering to come back and renew this
permit every three years. Mr. Pendergast
explained that SCEC takes the issue of vegetation removal very
seriously, and that he will renew this permit every three years.
Ray reminded
the Plan Commission there is the outstanding citation for SCEC, which is not
addressed by the PC, but Ray will be recommending to the Town Board that they
void that citation.
Bob
Rolle then brought up that the date stated in the letter of ‘1972’ is
incorrect. It was decided that Ray would consult the town attorney to determine
if that change needed to be incorporated into the letter.
Paul Mahler moved that the PC recommend
to the Town Board the approval of the draft letter regarding trimming in the
Lower St. Croix Riverway by St. Croix Electric Cooperative. David Wolf
seconded. All in favor. Motion passed.
3. Discuss
sub-division landscaping standards;
Mark Mitchell explained that, in keeping with what the
citizens of
natural feel, he felt that
adopting some standards for buffering along arterial roads should
be incorporated as a condition when
sub-divisions are being created. He referenced a
three page hand-out with the
details of
for guidance in developing a plan
for
members as to what should be
considered when creating guidelines. There was a
consensus that the goal is to keep
the standards simple, and to screen homes from arterial
roads. The desire is to keep the rural
atmosphere, by the use of landscaping materials,
natural topography, pastoral
areas, farming fields, etc. Ray said that he would be willing
to work with another PC member to sift through
the
some guidelines that could be
discussed by the PC. Mark Mitchell said that he would be
willing to work with Ray on that. They will
put some thoughts together to bring before
the PC at the July meeting for
discussion.
4. Discuss
questions posed by CZC
Ray directed the PC members to a one page
hand-out, “Current Questions for Plan
Commission - To Provide Guidelines for CZCC”.
He explained to the PC that he had
asked Charlie MacDonnell to keep
the PC on-task and keep us focused on the specific
questions
being posed.
Charlie MacDonnell, Chair of the CZC
addressed the PC. He stated that the CZC is close
to completion
of a Comprehensive Zoning Code. They are requesting input from the PC
on the questions before them concerning
commercial related zoning.
Question #1 dealt with what areas should be
considered for commercial zoning: on a
spot basis other than along the HWY 35
corridor, and/or along the HWY 35 corridor north
of
Bob Rolle clarified that this was concerning
new commercial activity, as there is other
historical commercial activity in the town
currently that would not meet these criteria.
After discussion by the PC, Ray summarized
that it is the PC’s desire to prevent any
current commercial properties from
morphing into other commercial uses, and to promote
future commercial development in
only the area along STH 35 north of River Falls to
system in
this area to accommodate commercial activity. The PC also spoke against spot
commercial zones.
Question #2 deals with transfer of development
rights (TDR): as a required part of zoning
criteria, as an elective, or not at all.
After much discussion the PC agreed that TDR
should be used in commercial zones to
allow for increased hard surface
densities of up to 20%. Lower density commercial
development might not be required
to transfer TDRs. As with the transfer of TDRs for
residential development, the TDR
program can be a mechanism to promote rural character
as
Question #3 addressed the allowance of
townhouse-type, multi-family housing in
exclusive ag or ag residential
areas.
After discussion, the PC concurred that there
was no interest in promoting multi-family
homes in residential districts and
if any multi-family homes were allowed they would be
in commercial areas.
Question #4 asked what percentage of
impervious surface should be permitted in
commercially zoned areas.
Based on information offered, the PC agreed
that an impervious surface area of 20%
seemed reasonable, but how the
commercial development was screened and buffered were
just as important in planning
considerations.
5. Building Permits/Utility Permits;
There was one building permit for a new home. There
were no utility permits.
6. Committee
Reports & correspondence;
Ray
brought up the News Release from the Attorney General in response to the questions
regarding dual authority in Riverway Zoning
Ordinances. Ray suggested that the PC
agenda for July include:
“Discuss State Attorney General’s
opinion on Riverway Zoning Ordinance questions.”
Ray met with the DOT on the Coulee Trail overpass,
and it looks like that is a go for next
year,
but the DOT will be making their financial decisions in October.
At the June 9 at (
municipal waste treatment systems.
7. Adjourn;
David Wolf moved to adjourn. Mark
Mitchell seconded. All in favor. Motion
passed, meeting adjourned at