River Falls discusses brew pub question

Posted 1/26/21

It might (or might not) have been fun while it lasted, but the River Falls Common Council release from meetings is no more. Reconvening January 12 and set to meet once again Tuesday January 26 (after …

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River Falls discusses brew pub question

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It might (or might not) have been fun while it lasted, but the River Falls Common Council release from meetings is no more. Reconvening January 12 and set to meet once again Tuesday January 26 (after the print deadline for this paper), the River Falls Council both covered and was set to cover many pressing topics related to local city affairs.

“Good evening. I’d like to welcome everybody to the January 12 River Falls City Council meeting,” Mayor Dan Toland announced remotely vis Cisco Webex. The Pledge being recited next, it was into approval of the bills.

With a motion by alderman Ben Plunkett that was seconded by Watson, the Council approved an accounts payable figure in the amount of $432,629.71 “subject to the Comptroller,” with the roll call vote passing unanimously 7-0. From there it was into public comment. Appearing with a word for the Council was Benjamin Fox from the City’s north side.

“Three quick topics,” Fox said from the City Hall chambers, first bringing up a meeting on the future Powell Dam deconstruction and decommissioning.

“It’s always important to remember that even when you say ‘free money grants,’ usually it has significant taxpayer and ratepayer contributions,” he said. “It’s really important to think about long term with the problems of accessibility how you’re going to get to that site, and what that’s site’ will look like past the recent developments.” Fox’s next input had to do with the north-end retail environment having “changed significantly again”, which he then clarified to “one store,” asking what the process was for tax assessments, as these had reportedly been cut in half. “Are there processes for boarding them up and decommissioning and moving them on?” he asked, saying that two years had passed on one property. The location in question was highly visible and acted as an entrance to River Falls. Having vacant buildings, Fox said, wasn’t exactly the best impression.

“And then third, you have on future agendas brew pumps, distilleries, and a couple other ordinances,” he said, telling the council that brew pumps were unique in that they combined manufacture, distribution and retail. “And the City does not have a process, or state things, because most of your regulations are based on liquor licenses and restaurants,” he shared, asking the regulatory details involved. “With that I thank you,” he said, surrendering the public commenter’s dais.

“Thanks Ben,” Mayor Toland said. There were no other public commenters for January 12.

Meanwhile listed on the agenda for the January 26 Council meeting were two ordinances, the second one having been referenced by Fox. Listed respectively as Ordinances 2021-01 and 2021-02, the laws to amend shoreline protection regulations of the municipal code and creating Chapter 17.117 for the city code as affecting “Breweries, Brewpubs, Wineries, and Distilleries,” were set to get their first reading January 26. With that in mind, what’s in them? As it turns out, each one is in the packet.

As to the first ordinance on shoreline, a River Falls Plan Commission workshop update in the same packet says that it was made necessary due to changes in state law with the original ordinance being created in 2003. The Plan Commission earlier directed staff to move ahead with the drafts of the ordinance as presented at a November 16, 2020 meeting. The council packet shares details.

Among them, the height “for structures or portions of structures within the shoreland setback” is to be 45 feet. With non-conforming structures in existence as of May 7, 1982 grandfathered into the revised ordinance, said shoreland law also provides for a 35-foot vegetation ‘buffer zone’ from the ordinary highwater mark inland, within which removal of vegetation is prohibited save things like ‘routine maintenance.’ For those structures within the shoreland setback, the maximum height shall be 35 feet, while for shoreland subject to a county shoreland ordinance and annexed by the City after May 7, 1982 the setback from the ordinary high-water mark will be 75 feet under the revised ordinance. Then there’s impervious surfaces,” which the Plan Commission expressed concern about but was assured by staff would be addressed to ensure compliance with the revised ordinance. ‘Impervious surfaces’ are covered under 17.128.030(B0 (6) of the new shoreland ordinance. Along with the revision of the shoreland ordinance comes that touching on relevant maps, addressed as Section 2” of the revised ordinance and affecting 16.10.115 of the City code, to read henceforth as follows: “16.10.115 – Shoreland zoning ordinances and maps applicable No permission may be granted for the subdivision of land that violates the city floodplain, shoreland, or shoreland-wetland protection regulations, as set forth in Chapters 17.120, 17.124, and 17.128 of the city code, nor may any subdivision violate the provisions of any town or county floodplain, shoreland, or wetland zoning regulations.

Section 3, meanwhile, calls for the law to take effect pursuant to date of passage and publication, “as provided by law.”

Shifting from shoreland ordinance details back to brew pub regulations, Ordinance 2021-02 outlines the details.

Within said ordinance, a “brewpub” is defined as “an establishment that operates a restaurant and manufactures up to ten thousand (10,000) barrels of fermented malt beverages per calendar year for consumption either on or off premises in hand-capped, machine- capped or sealed containers in quantities up to one-half barrel or 15 ½ gallons sold directly to the customer,” with the additional stipulation that such an establishment hold a Class “B” liquor license “if, in addition to offering for sale fermented malt beverages manufactured on the premises, it also offers for sale fermented malt beverages manufactured by a brewery other than the establishment.” So what does that mean exactly, in case the alcohol statutes affect you? 17.117.050 has the “Development Standards” following a handy table of just what alcoholic establishment qualifies as what, zoning-wise. In short: 1) Make sure your storage is in a enclosed building, excluding “commercial refuse and recycling containers for acceptable options.

2) contain your ‘byproducts’ and practice disposal so as not to affect neighboring properties, public spaces, or the public right-ofway.

3) Don’t disrupt normal vehicle or pedestrian traffic as “normally conducted in the area where use is proposed.”

4) Watch your off-site environmental impacts, along with those touching on “noise, insects, rodents and re-use of water resources.”

5) Know the city may require an evaluation of water use “with a sanitary sewer pretreatment system by the water and wastewater utility,” and finally; 6) Don’t breach the hours of operation for such alcoholic establishments and facilities as established “under Wisconsin Statutes and Municipal Code.”

After that, crack a brew, or contact the City for additional clarification. The ordinance is set to take effect shortly, once the readings are completed.