PLAN COMMISSION

February 22, 2007

Members present: Breault, Yoerg, Mailloux, Gilbert, Caruso and Bieraugel

Others present: David Robson, Brian Zeller, Tim Erickson, Mark Boehlke, Shelly Johnson, Angela Popenhagen, Jerry Bauer, Art Doyle, Dan Bauer, Tom Schumacher,

Roger Humphrey, Matt Frisbie, Tony Tilleman, Dean Senason, Jim Zeller, Gordon Conard, Derrick Passe, John Kalmon and Denny Darnold

The meeting was called to order by Chairman Breault at 7:00 p.m.

Motion by Mailloux, seconded by Caruso to approve the February 1, 2007 and February 8, 2007 meeting minutes. Motion carried.

Concept development plans, 11,044 sq. ft. restaurant and retail center, south of Stageline Rd. and east of Carmichael Rd. – Ban Tara, LLC. Darnold briefly reviewed the general location and explained that he had been advised that the restaurant area of this building was being reduced in area and that the location of the trash bins is being modified. Matt Frisbie, project architect reviewed the building and site plans and building elevations, noting that the architecture is similar to the architecture existing in the other two buildings that Ban Tara, LLC owns. The proposed restaurant is Buffalo Wild Wings and the 5,500 sq. ft. of retail area is speculative at this time, but the retail area may accommodate 1 to 3 tenants. Frisbie explained that the trash bins are being moved to the east of the existing building located to the south of this proposed building and will be screened by a brick enclosure.

Bieraugel expressed concern that if another restaurant would occupy the space proposed for retail that there could be parking concerns. David Robson, Ban Tara, LLC spokesman noted that there is a private covenant on the property that restricts the use of the remainder of the building for a restaurant. Tentatively Warner-Stellian is discussing the use of the remainder of the building for a sales / show room. Robson stated that it has been their strategy to mix low traffic generators with higher traffic generating businesses to provide a balance of parking demand. Yoerg asked about signs. Robson answered that Ban Tara, LLC will conform to the master sign plan approved by the city and that Buffalo Wild Wings will only have wall signage.

Moved by Gilbert, seconded by Mailloux to approve the concept development plans with the condition that the city engineer’s and fire inspector’s comments are incorporated into the final development plan submittal. Motion carried.

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Petition for annexation of 42 acres south of Coulee Trail and east of CTH F – School District of Hudson. Breault requested that Shelly Johnson, Bonestroo Rosene Anderlik and Associates and representing the School District of Hudson to review the traffic analysis that was conducted at CTH F and Coulee Trail traffic and recommendations for roadway improvements. Johnson explained that he utilized standard methodologies used for traffic analysis of this type. Traffic counts were taken on CTH F and Coulee Trail and projected traffic information was provided by the school district. Johnson noted that the existing level of service is A. The school will primarily concentrate traffic during the morning and afternoon period for about a 30 minute period of time. Johnson noted that the entrance would best be on CTH F, but an entrance on Coulee Trail would not be a significant concern and entrances can be on both segregating the bus from general employee and parent / drop-off traffic. Current vehicle trips on CTH F are 5,500 / day south of Coulee Trail and 7,500 per day north of Coulee Trail. Vehicle trips on Coulee Trail are 2,500 per day west of Tower Rd. and 1,500 east of Tower Rd. Yoerg asked why not propose the main entrance on Coulee Trail which is less trafficked. Johnson stated it can be located there, but that the turn movements work best if the access for busses is on CTH F. Johnson explained that it is projected that only about ten busses will serve this school.

Johnson explained that turn lanes and by-pass lanes are recommended both on CTH F and Coulee Trail for safety reasons. No other roadway improvements are suggested. Darnold noted that the school district has agreed to make the recommended turn and by-pass lanes at the expense of the school district.

Caruso asked if a stop sign at Coulee Trail and CTH F should be implemented. Johnson explained a stop sign is not warranted because the need will be only one (1) hour per day, 30 minutes in the morning and 30 minutes in the afternoon.

Breault noted that there will be a need to regulate the speed in this area, perhaps by a electronic sign that indicates vehicular speeds such as the one recently erected on Vine Street.

Darnold stated that it is the town of Troy’s request that if the city annexes the site to the city of Hudson that the city take over jurisdiction of the roadway section on Coulee Trail from Tower Rd. to Nordic Lane which is about the location of the east property line of the school. Darnold explained that the city has jurisdiction on Coulee Rd from CTH F and Tower Rd.

Mark Boehlke, representing the school district as the site and architecture consultant reviewed a conceptual site plan noting approximate location of the entrances and proposed utility extensions. Boehlke noted the entrance on CTH F will be directly across

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from the YMCA entrance and meets the required 1,000 foot separation standard from the Coulee Trail intersection. The access on Coulee Trail will be located to provide the best

visibility to Coulee Trail and will be about half way between the intersections of Tower Rd. and Nordic Lane. Boehlke discussed the proposal by the school district to construct a facility that will be efficient in the use of water and energy demands, but also will be sustainable in the incorporation of design considerations for landscaping, storm water management and building orientation.

The tentative schedule for construction is June 2007 to August 2008 with classes beginning in the fall of 2008.

Boehlke stated that the school district can work with the town, city and county regarding speed limits and appropriate signage. Boehlke noted that there are no trails in the area and that provision of trails should be postponed until trails can be connected to the town and city systems. Utility easements on site will be provided as necessary Boehlke noted.

Boehlke urged the city to reduce the proposed fees for sanitary connection and trunk sewer and trunk water utility impact fees. Darnold noted that the suggestions will be considered by the city staff and presented to the Finance Committee and Common Council for consideration, but that the city should not have to assume the costs regarding these issues.

Moved by Caruso, seconded by Gilbert that the annexation be approved with an annexation agreement to be prepared by the city attorney to address the issues of development related expenses for review by the city and school district. Motion carried.

Additional shoulders on Carmichael Road between Mayer Rd. and Coulee Trail to increase safety of bicycle travel on Carmichael Rd. – Gerald Bauer. Darnold noted that this issue was referred to the plan commission from the public safety committee and he referred to the letter and map sent by Mr. Gerald Bauer. Darnold stated the issue has merit and that the city wants to provide safe routes for bicyclists, but no estimates exist for the proposed improvements; the project is not on any capital improvement program for the city, particularly 2007. Bauer stated he is bringing this issue to the attention of the city as the town of Troy recently completed roadway shoulder improvements which will provide a bike path from River Falls to Hudson.

Moved by Caruso, seconded by Yoerg to recommend to the Common Council to place the suggested Carmichael Rd. shoulder improvements on the 2008 capital improvement program and to have a cost estimate of improvements provided by the city engineer / public works director. Motion carried.

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Certified survey map (CSM), four commercial lots, north of Stageline Rd. and east of STH 35 – DaMe Properties. Darnold explained that the Cinema Entertainment Corporation would like to try to gain approval of the proposed movie theatre complex on the DaMe Properties parcel east of STH 35, but due to part of the DaMe Properties’ land and proposed access being in the town of Hudson this issue has been difficult to address.

Tom Schumacher, DaMe counsel provided an overview of recent discussions held with the town of Hudson regarding annexation of land and roadway improvements and summarized in a memorandum forwarded to the plan commission earlier in the week. Schumacher noted that the town of Hudson is generally favorable of the city annexing the 12.3 acre parcel east of the proposed cinema development and favorable of the construction of a public street and intersection improvements, which will serve the land already in the city of Hudson, by the developer to be dedicated to the city of Hudson. An option for the city to consider is annexation of the property; however, Schumacher acknowledged this has not been acceptable to the city to date. Other alternatives would include that the area of the roadway could be petitioned for annexation and the street be built to city standards, or a roadway or driveway be built to city standards, but be maintained by DaMe Properties.

Darnold noted that in the case of the private roadway the utilities need to be located in easements. Mailloux asked if the city attorney had provided an opinion regarding this issue. Darnold stated he visited with the city attorney regarding the private roadway and that alternative was acceptable to her. She did want the street, if dedicated, to the city to be in the city limits.

The issue of potential hookup of areas outside the city to the utilities was brought up. Darnold stated that within the Carmichael Rd. right-of-way, of which part of the water utilities are located in roadways located in the town of Hudson, the city constructed water mains, but does not allow adjacent properties to connect if they are in the town of Hudson.

Schumacher also reviewed the issue of jurisidictional authority for road maintenance, particularly snow plowing, of the intersection of Stageline Rd. and Old Highway 35 and the area of Stageline Rd. to the east end of the bridge over I-94 noting that area is currently maintained by the town of Hudson. The town would desire the city to take over the maintenance jurisdiction. If the jurisdiction is transferred to the city the town’s concerns of how the intersection of Stageline Rd. and Old Highway 35 would be reduced, Schumacher commented.

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Roger Humphrey, project engineer reviewed the proposed four lot certified survey map (CSM) noting that the lots are 1.55, 1.65, 8.11 and 9.22 acres in area. Darnold stated that if a private driveway or roadway is within the adjacent land, that the proposed lot 3, (l.65 acres) will not abut a public street and the lot would need to changed to an outlot, or the city would need to grant a variance to allow the lot to be platted. A variance may be granted by the Common Council and is not subject to the variance procedure required by the Zoning and Building Board of Appeals, Darnold explained.

Humphrey noted that a narrow area of land along the eastern boundary of the site (7,103 sq. ft.) is proposed as an outlot, which may become part of a public street in the future.

Motion by Bieraugel, seconded by Mailloux to approve and recommend approval to the Common Council of the certified survey map as proposed by DaMe Properties for four commercial lots north of Stageline Road and east of STH 35 with the following conditions:

- Lot 3 to be granted a variance to abutting on a public street, because of the unique situation that the proposed access will be within the town of Hudson.

- The roadway and intersection and utility plans proposed must be designed to meet city standards and that plans and specifications to be approved by the city engineer and water utility director.

- Ten (10) foot utility and drainage easements to be provided along the perimeter of each lot.

- The city should take over the jurisdictional maintenance of the roadway areas on the south side of the DaMe Properties property including the intersection of Old Highway 35 and Stageline Rd. and the area of Stageline Rd. from the east side of the I-94 bridge to the interchange of Stageline Rd. and Old Highway 35.

- The city attorney review and issue an opinion regarding the location of utilities within easements in the town of Hudson and dedicated to the city to serve developments within the city of Hudson.

Motion carried.

Tony Tilleman, Cinema Entertainment Corporation stated that it is significant to their development group for a resolution to the issues of access and utilities to be achieved to allow the theatre project to move ahead in 2007. Tilleman thanked the plan commission for their consideration.

Concept development plans, 40,700 sq. ft. (1,930 seats) theatre, east of STH 35 and north of Stageline Road – Cinema Entertainment Corporation (CEC). Tony Tilleman, CEC representative and Dean Senason, project architect presented the site and utility plans and building elevations and perspectives. Senason explained that the building is proposed to be constructed of pre-cast masonry, and the access to the facility will be through private access easements.

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Breault asked about the height of the proposed tower. Senason noted that it is proposed to be 58 feet high. Why the need for a tower, Darnold asked. Tilleman explained that the tower would provide greater visibility of the facility from I-94.

Breault asked if a marketing analysis has been conducted. Tilleman stated that he is the numbers guy and that he believes the need is merited.

Mailloux asked if the developer may consider reducing the amount of area needed for off-street parking. Darnold stated that theatres of this type demand a significant amount of parking during the weekend evening hours. The amount of parking proposed also addresses the number of parking stalls required to accommodate the proposed addition. Darnold also noted that he has discussed the possible use of a dimmer system for the parking lot lighting, due to the expanse of parking, so that the lights are dimmed or turned off when the theatre is not open for business. Tilleman indicated that is not a significant concern as long as a reasonable amount outdoor lighting on the building can be provided for security reasons.

Yoerg asked if the developer may consider the use of pervious pavement to reduce storm water runoff. Humphrey noted that the requirements for storm water management have become more stringent in recent years and require infiltration ponds and sediment control. Humphrey stated the theatre had not considered the use of this type of pavement.

Motion by Gilbert, seconded by Yoerg to approve the concept development plans for the proposed theatre by Cinema Entertainment Corporation generally located north of Stageline Road and east of STH 35 with the plans to be amended to reflect the recommendations of the fire inspector and city engineer. Motion carried.

Other business for discussion only or placement on future agendas. Darnold stated that because the downtown guidelines discussion had been removed from the agenda he asked if members can meet next week to continue discussions. The members stated they would be available to meet on Tuesday, 2-27 or Thursday, 3-1, but it was indicated that more members could meet Tuesday evening. Yoerg suggested, because he has received many comments from the public, that the plan commission hold another public meeting regarding the guidelines and recommendations by Putman Planning and Design prior to forwarding recommendations to the Common Council.

Motion by Gilbert, seconded by Yoerg to adjourn. Motion carried. 9:06 p.m.

Respectfully submitted,

Dennis Darnold, Secretary