Embed Size (px)
Citation preview
LA CROSSE COUNTY NOTICE OF MEETING
COMMITTEE OR BOARD: PUBLIC WORKS AND INFRASTRUCTURE COMMITTEE
DATE OF MEETING: MONDAY, SEPTEMBER 13, 2021
MEETING PLACE: Administrative Center, County Board Room 1700
212 6TH Street N, La Crosse WI 54601
Click here to join the meeting
TIME OF MEETING: 4:00 P.M.
1. Call to Order/Roll Call
2. Public Comment **Please see below on how to sign up for making public comment**
3. Approve PWI Minutes of August 9, 2021
4. Consent Agenda (Informational):
a. Update on Landfill Feasibility Review
b. Approval of Sub-Tennant for La Crosse Cellular (US Cellular) Ground Lease
5. Conference/Meeting Report
6. Approval of the Central Wisconsin Ice Racing Association Event Held on January 23rd at the
Northwest End of Neshonoc Lake via Swarthout Park Boat Landing
7. Dog Park Design Update
8. Approval of 2021 Oktoberfest Parking Concession
9. Approval of Plow Blades
10. Resolution Re: Approval of Amendments to La Crosse International Business Park
Declaration of Protective Covenants
11. Next Committee Meeting: October 11, 2021
12. Future Agenda Items
13. Adjourn
NEWS MEDIA
La Crosse Tribune
Other Media
DEPARTMENTS/STAFF
County Board Chair
County Administrator
COMMITTEE MEMBERS
Randy Erickson, Chair
Ralph Geary
OTHERS: County Clerk Steve Doyle
Email: Facilities Maureen Freedland
Sharon Davidson Matt Nikolay
Megan DeVore
Jackie Eastwood
Peg Isola
Larry Hougom
Gary Hougom
Andrea Richmond
Email:
Jadd Stilwell
Ryan Westpfahl
Joe Langeberg
Keith Back
Mary Kaufmann
Bryan Jostad
Pam Viner
Gary Padesky
COMMITTEE MEMBERS: If unable to attend, call the County Clerk’s Office at 785-9581.
All attendees of this meeting are STRONGLY ENCOURAGED to wear a face mask
**PUBLIC COMMENT: Individuals may make a public comment in person or virtually. For
individuals intending on making a virtual public comment, please register at least 24-hours in
advance by emailing [email protected] or leave a message at 785-9700.
Please include your name and email address you will be using to connect with the committee,
along with the name of the committee you would like to provide a public comment.
The Committee may receive information from the public, but the Committee reserves the right to
limit the time that the public may comment and the degree to which members of the public may
participate in the meeting.
PERSONS WITH DISABILITIES: If you need accommodations to attend this meeting, please
call the County Clerk’s Office at 785-9581 ASAP.
DATE NOTICE FAXED/MAILED/POSTED: September 2, 2021
This meeting may be recorded, and any such recording is subject to Disclosure under
the Wisconsin Open Records Law
PUBLIC WORKS AND INFRASTRUCTURE COMMITTEE Monday, August 9, 2021 Room 1700, County Board Room 4:30 p.m. MEMBERS PRESENT: Chair Randy Erickson, Maureen Freedland, Ralph Geary, Matt
Nikolay, Gary Padesky, Pam Viner, Steve Doyle MEMBERS EXCUSED: None MEMBERS ABSENT: None OTHERS PRESENT: Steve O’Malley, Joe Langeberg, Ryan Westpfahl, Jadd Stilwell,
Keith Back, Jane Klekamp, Sherry Hougom, Gary Thurk, Carrie Kneifl
CALL TO ORDER: Chair Randy Erickson called the meeting to order at 4:30 p.m. PUBLIC COMMENT: NONE APPROVE MINUTES OF:
a. July 6, 2021 PWI Committee Meeting MOTION by Nikolay/Padesky to approve the minutes of the July 6, 2021regular committee meeting. Motion carried unanimously.
b. July 15, 2021 Special PWI Committee Meeting MOTION by Padesky/Viner to approve the minutes of the July 15, 2021 Special PWI Committee Meeting. Motion carried unanimously. CONSENT AGENDA (INFORMATIONAL): NONE CONFERENCE/MEETING REPORT: NONE INTRODUCTION OF JOE LANGEBERG AS THE NEW HIGHWAY COMMISSIONER County Administrator Steve O’Malley introduced Joe Langeberg to the committee as La Crosse County’s new Highway Commissioner. Discussion ensued regarding the candidate selection process. APPROVE THE 6TH ANNUAL DAY AT THE LAKE ON AUGUST 15TH AT NESHONOC SWARTHOUT PARK MOTION by Nikolay/Doyle to approve. Motion carried unanimously. This is the sixth annual “Day at the Lake” to honor Sara Rose Hougom who lost her life in a home invasion which inspired the formation of the foundation. The event allows area children to join law enforcement and civil service workers for fishing and other activities to help achieve the foundation’s mission of promoting violence prevention and awareness. The event pairs a child with a police officer to enjoy one-on-one fishing, yard games and grilling while providing kids with a positive adventure and by bonding youth and community members with the authorities and by showing respect and appreciation to our law enforcement and civil service organizations. The foundation will be following CDC Covid protocol. The Facilities Director recommends approval. APPROVE LEC BOULEVARD IMPROVEMENT RFP VENDOR SELECTION Boulevard improvement on the south side of the La Crosse County Law Enforcement Center. The grass and dirt need to be removed and replaced with new soil, mulch, plants, and rocks similar to what La Crosse County has done on the south side of the Health and Human Services Building. Sealed proposals were due by 11:00 a.m. on July 23rd and one was received from Winona Nursery at $47,700.00. The Facilities Director recommends approving the proposal from Winona Nursery. MOTION by Padesky/Viner to approve the LEC Boulevard Improvement RFP vendor selection. Motion carried unanimously.
PUBLIC WORKS AND INFRASTRUCTURE COMMITTEE Monday, August 9, 2021 Page Two APPROVE OKTOBERFEST PARKING CONCESSION Ryan Westpfahl, Facilities Director, requested approval to allow for the Oktoberfest Parking Concession in Parking Lot A for non-profits. It is offered to internal departments for fundraising purposes. MOTION by Nikolay/Viner to approve. Motion carried unanimously. APPROVE WISDOT LOCAL FORCE ACCOUNT AGREEMENT FOR BRIDGE APPROACH REPAIRS WisDOT is offering a $147,630.12 Local Force Agreement for the approach repair of 25 STH bridges. This is a revenue contract for the Highway Department and the Highway Commissioner recommends approval to sign the WisDOT contract when it is received. MOTION by Padesky/Geary to approve. Motion carried unanimously. APPROVE AN ORDINANCE TO AMEND S. 7.02 ENTITLED “PARKING REGULATIONS” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN This amendment provides for the addition of three no parking areas on County Trunk B, Bainbridge St in the Town of Campbell. MOTION by Doyle/Geary to approve. Motion carried unanimously. NEXT COMMITTEE MEETING: TBD FUTURE AGENDA ITEMS: NONE ADJOURNMENT: MOTION by Padesky/Nikolay to adjourn. Motion carried unanimously. The meeting adjourned at 4:55 p.m.
Disclaimer: The above minutes may be approved, amended, or corrected at the next committee meeting. Carrie Kneifl, Recorder
Update on Landfill Feasibility Review
Background: The Department was issued an Incompleteness Determination for the Proposed
Expansion from the WDNR in May. This was a request for more information on specific aspects
of the Feasibility Report and was not a determination on the proposal as a whole. The
Department and our consultant, SEH, met with the WDNR to discuss the determination and
formally submitted our responses in July.
Current Status: At the request of the WDNR a second meeting was scheduled in August.
Primary point of discussion from the WDNR was the existing bedrock with the area of focus
centering on:
▪ The Department would need to request an exemption to leave/or excavate the existing
bedrock in the proposed expansion area. Additional discussion centered around leaving
some bedrock in place, below the current designed cell, and only remove two feet of
bedrock instead of the code required 10 feet of bedrock. This was followed with what
they thought the benefits would be and how they would like to see the exemption
request from our engineer and hydrogeologist on the structural benefits to leaving the
sandstone bedrock in place.
Based on input and feedback during the meeting there appeared to be consensus amongst all
parties that there are significant benefits (structurally and environmentally) to minimizing the
amount of bedrock excavation to comply with the requirements of NR504.06(2)(c).
The exemption to forgo excavation of the bedrock greater than 2 feet below the liner and
exterior slopes would be accompanied and connected to a slight adjustment in the slope of the
leachate trench. The combination of the increased structural subbase support, by leaving the
sandstone bedrock in place, supports the .25% reduction in the facility’s historic leachate
collection trench slope while maintaining the level above minimum code requirements.
The exemption for the items listed above will be submitted in early September with completion
of the initial review expected from the WDNR in Mid to Late September. After this, the
Feasibility will be open for a 30-day Public Comment period.
Request for Consent to Colocation at US Cellular's Site # 302306/Onalaska
Background: La Crosse County and La Crosse Cellular Telephone, INC (now US
Cellular) entered a ground lease in May of 1997 for the installation of a cell tower.
The ground lease covers about 2 acres in SE/NW of Sec. 12, T.16N – R7W of
County owned property within the Solid Waste Facility. Additional easements are
provided for fiber optic lines within the facility.
On 7/31, US Cellular submitted a request for consent to colocation at US Cellular’s
site #302306/Onalaska, under section 20 of current lease agreement. Request
document is being provided as attachment 1.
GROUND LEASE SECTION 20 Subleasing: Lessee shall have the right to sublet
tower, building, and ground space upon the premises to subtenants with lessor’s
consent, which shall not be unreasonably withheld. If lessor needs to sublet space
by attaching to the radio transmitting and/or receiving equipment or some other
use, the lessor shall be allowed to do so at no cost to the lessor, but with the
rental reduction as provided in section 9 of this agreement. It is understood that
these attachments shall not exceed the load bearing capacity and structural
integrity of the tower. Lessor will be required to install its own power meters and
will be responsible for its own power bill.
Summary: Because of the location within the facility, the operation and utilization
of the ground lease by US Cellular does not impact current or future landfill
operations. The Department does agree with US Cellular’s request for Consent to
colocation at US Cellular's Site # 302306/Onalaska, thereby, helping to reduce the
need for additional tower construction within the surrounding area.
8410 W. Bryn Mawr Avenue, Chicago, IL 60631 • uscellular.com
7/31/2021 La Crosse County 400 4th Street North La Crosse County Courthouse La Crosse, Wisconsin 54601 Re: Request for Consent to colocation at US Cellular's Site # 302306/Onalaska U.S. Cellular is committed to working with others in the wireless industry to make maximum use of existing infrastructure, and thereby, help reduce the need for additional tower construction. In adherence with the Telecommunications Act of 1996, we are allowing Dish Wireless LLC to apply to collocate at the tower site we constructed on your land—Site # 302306 – Onalaska. We would like to accommodate their request, and pursuant to Section 20 of the Ground Lease between La Crosse County and La Crosse Cellular Telephone, Inc. dated May 22, 1997, we are requesting that you provide your consent of this arrangement by signing this letter and returning one copy to us via email. Thank you for your cooperation in this matter, and should you have any questions please feel free to call me. Sincerely, Robin D Gallese Colocation Specialist [email protected] 440.823.0462 Consent Authorization ________________________________ Signature _______________________________ Name
_______________________________ Date
Central Wisconsin Ice Racing Association 928 Meehan Drive, Plover, WI 54467
President: Megan Funk (715)316-3847 Vice President: McKenzie Geldernick (715)305-7336
www.cwira.com
La Crosse County Facilities Department
Attn: Mary Kaufmann
2112 6th Street N.
La Crosse, WI 54601
First and foremost, I would like to take this opportunity to thank you for use of Lake Neshonoc and
Swarthout Park in the 2021 race season. January 24th, 2021 turned out to be a warm and sunny day,
featuring hundreds of people entering the ice for the show. Local businesses such as Monkey Business
Food Truck and Features Sports Bar & Grill were able to serve to individuals attending the event. We
were able to maintain quality of the recreational skating trail and cleanliness of the lake. With much
appreciation as stated above, our hope is to return in 2022.
On behalf of the Central Wisconsin Ice Racing Association, we are requesting to use the
northwest end of Neshonoc Lake via Swarthout Park boat landing to host an event on January 23, 2022.
C.W.I.R.A is a sanctioned, insured, non-profit organization that has been running motorcycle and A.T.V.
races throughout Wisconsin for the past forty-five years. There are typically eight to ten races per
season, at various Wisconsin lakes or flooded land facilities, and approximately two-hundred racer
entries per race. Each race is usually a one-day outing and takes place on Sunday’s during the months of
January and February. We take pride in the fact that C.W.I.R.A draws participants of all ages and skill
level and is a fun-filled day for the entire family as well as all spectators.
Our program would be from approximately 5:30 a.m. to 5:30 p.m. Ryan Powell, the promoter of
this event, would utilize two trucks to plow the track, boat landing, racer and trailer parking, and
spectator parking on Saturday, January 22rd, 2022. This allows limited time for other, non-authorized,
individuals to use the plowed area on the lake for recreation purposes. Ryan would provide limited
spectator parking at Swarthout park for those unable or unwilling to park on the ice, and extensive
parking on the lake for trucks/trailers and spectators. The morning of January 23, 2022, C.W.I.R.A
officials, members and appointed individuals will be responsible for setting up the lake to host the
event. This would include:
i. Putting up a temporary fence at a minimum of 100 feet from the track and staging area for the safety of all riders, their families, and spectators.
ii. Creating a “Hot Zone” using temporary fencing, where running machines and those waiting to race could be safely parked and staged
iii. Placing orange cones and rubber tire sidewalls on the track to properly mark it, allowing snowbanks and track boundaries to be more easily viewed.
iv. Enforcing a “walking speed” only speed limit for all event involved motor vehicles. v. Having porta-potty’s delivered with hand sanitizer (Promotor- Ryan Powell’s
responsibility)
vi. Placing/removing garbage cans in many locations on the ice (Promotor- Ryan Powell’s responsibility)
vii. Ensuring an ambulance is contracted for the event (Promotor- Ryan Powell’s responsibility)
In addition, all persons entering the ice, via the Swarthout boat landing, would be required to sign a
waiver stating release of liability. This form requires a printed name and signature for every individual
attending the event as well as guardianship signature for minors.
C.W.I.R.A would host sign-up for racing via our club trailer, on the ice, starting at 8:00 a.m. and
concluding at 10:00 a.m. Practice for machines would run from 8:45 a.m. to 10:00 a.m. Following our
practice sessions is a rider’s meeting in which all racers that day are required to attend. At the rider’s
meeting, a statement regarding our insurance and liability is made and any other necessary
announcements. Following the riders meeting, we run a thirty-three race program, featuring heats,
followed by an approximate one hour intermission, and concluding with main events. The awards
ceremony for the races would take place on the ice following the main events and once all equipment
(ex: fencing, track cones, signs) were put away.
As we move forward in preparing for our 2022 season, we take COVID-19 recommendations into
serious consideration and have implemented many precautionary steps and measures to ensure we
keep our racers, their families, board members and spectators safe.
Here is our plan on how we will follow the public health recommendations:
1. Sign-up
In-person sign-up will always be at the C.W.I.R.A trailer. Staff working inside the
trailer for sign-up are to follow the CDC’s recommendations in regards to protocol
for mask wearing.
a. Individuals are encouraged to maintain six feet social distancing during sign-
up.
2. All award presentations will be conducted at the C.W.I.R.A trailer (outside) after
cleanup is complete.
a. Individuals are encouraged to maintain six foot social distancing when
receiving/waiting for awards
3. Racers and C.W.I.R.A members are welcome to continue patronizing the businesses
that sponsor and support C.W.I.R.A and its events, but we recommend that in
respect, all racers and fans follow that businesses COVID-19 policy and are
encouraged to social distance.
4. C.W.I.R.A recommends that racers avoid entering other members’ race trailers and
maintain social distancing guidelines at all times.
5. C.W.I.R.A recommends that spectators maintain social distancing guidelines when
watching the races.
These recommendations are subject to change based on public health recommendations and
information released by the Center for Disease Control and Prevention (CDC).
At the conclusion of our program on January 23, 2022, the promoter, Ryan Powell would ensure
all garbage, garbage cans and porta potty’s are removed from the ice. Lake Neshonoc would also be
returned to its original condition, by ensuring track remnants such as embankments, surface ruts, ice
chunks and piles of snow are removed/plowed over preventing the possibility of harm to patrons
utilizing the lake.
C.W.I.R.A fully understands that if conditions such as warm weather, blizzards, non-adequate ice
conditions or other factors outside our control may occur, we are required to cancel the event for the
safety of all participants and respect for the lake.
Thank you for the consideration of our event,
Megan Funk
President
Email: [email protected]
Cell: (715)316-3847
C.W.I.R.A Event Map – Lake Neshonoc, January 23rd, 2022
Foo
d T
ruck
Event Entrance
LA CROSSE
INTERNATIONAL
BUSINESS
PARK
LA CROSSE, WISCONSIN August 2021
DECLARATION OF PROTECTIVE COVENANTS
21-1044
TABLE OF CONTENTS
Page No.
1. THE PROPERTY 1
2. USE RESTRICTIONS 3
Permitted Uses 3
Precluded Uses 4
3. APPLICATION PLANS AND APPROVAL 4
Application Procedure 4
Approval 5
Disapproval 5
Surety 6
Guidelines 6
4. SITE RESTRICTIONS 6
No Redivision of Lots 6
Land/Building Ratio 6
Building Setbacks 7
Parking Setbacks 7
Storage 7
Ancillary Structures 7
Freight Handling 8
Canopies 8
Lighting 8
Drainage and Erosion Control 8
Building Materials 9
Ingress/Egress 9
5. PARKING 9
Generally 9
Ratio 9
Location 10
Screening and Landscaping of Parking Areas 10
Requirement to Pave Surfaces 10
Driveways and Loading Areas 10
Enforcement 10
6 LANDSCAPING 11
Open Spaces 11
Woodlands/Trees 11
TABLE OF CONTENTS (continued) Page No.
7 SCREENING 11
Storage 11
Temporary Structures/Signs 12
Roof Mounted Equipment 12
Fencing 12
Loading Docks 12
Use of Adjacent Lands 12
8. UTILITY CONNECTIONS 13
Installation 13
Easements 13
9. SIGNS 13
10. MAINTENANCE 13
General Site Maintenance 13
Site Maintenance During Construction 14
Right to Act on Owner's Behalf 14
11. CONSTRUCTION OBLIGATION AND REPURCHASE RIGHTS 14
Construction Obligation 14
Terms of Repurchase 15
Right of First Refusal to Repurchase Vacant Land 15
12. APPROVALS 16
13. DISCLAIMER OF LIABILITY 16
14. TERM AND AMENDMENT OF COVENANTS 16
Term of Covenants 16
Amendment of Covenants 16
15. ENFORCEMENT 17
By Legal Action 17
Right to Act on Owner's Behalf 17
16. EFFECT OF INVALIDATION OF ANY PROVISION 17
17. WAIVER OF RIGHTS 17
18. INSPECTION 17
TABLE OF CONTENTS (continued) Page No.
19. RIGHT TO RE-SUBDIVIDE 18
20. PARK MAINTENANCE 18
21. ADDITION OF TERRITORY 18
22. MUNICIPAL RIGHTS OF APPROVAL 18
23. TERMINATION OF DECLARANT'S RIGHTS 18
24. REAL ESTATE AND PERSONAL PROPERTY TAXES 18
25. CITY OF LA CROSSE 19
EXHIBIT A - SITE PLAN 21
EXHIBIT B - UNIFORM SIGN STANDARDS 22
GUIDELINES FOR SITES AND BUILDINGS 26
1
DECLARATION OF
PROTECTIVE COVENANTS
FOR
LA CROSSE INTERNATIONAL BUSINESS PARK
THESE PROTECTIVE COVENANTS, hereinafter referred to as "Covenants", made this 13th day
of January, 2000, and amended on this 2nd day of August, 2021 by City of La Crosse, hereinafter
referred to as "Declarant";
WITNESSETH:
WHEREAS, Declarant is the owner of the property described below, which property is located in
the City of La Crosse, Wisconsin; and
WHEREAS, Declarant desires to subject such property to the restrictions, covenants and
reservations contained herein for the benefit of the property and the benefit of each owner of any part
of the property, and for the purpose and with the intent of providing for the orderly and attractive
grouping of service, manufacturing and other industrial buildings and operations;
NOW, THEREFORE, the Declarant hereby declares that the real property hereinafter described
shall be held, sold, conveyed, transferred, used and improved only subject to the conditions,
restrictions, covenants, reservations and easements hereinafter set forth, which shall bind and inure
to the benefit of the Declarant, its successors and assigns, and to all parties hereafter having any
interest in the property.
1. THE PROPERTY.
The following property known as La Crosse International Business Park (the "Park") is made
subject to the provisions of these Covenants:
Parcel of land located in Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, Outlot 1, Outlot 2, Outlot 3 and Outlot 4 of the
International Business Park Addition to the City of La Crosse, part of Lot 1 of a
CSM in Document #1690333 (Vol. 17, Pg. 33), the SW1/4 of the SW1/4 of Section
1, T16N-R7W, and in the NW1/4 of the NW1/4, SW1/4 of the NW1/4, SE1/4 of the
NW1/4, NW1/4 of the SW1/4, and NE1/4 of the SW1/4 of Section 12, T16N-R7W,
City of La Crosse, La Crosse County, Wisconsin, more particularly described as
follows:
2
Lot 1 of CSM in Volume 17, Page 33 (Document #1690333) located in the SE ¼ of the
SW ¼ and the SW ¼ of the SE ¼ of Section 1, T16N-R7W, City of La Crosse, La
Crosse County, Wisconsin. Excepting Lot 2 and Outlot 2 of CSM in Volume 19, Page
38 (Document #1749601).
And
Commencing at the South 1/4 Corner of said Section 12; thence N001'49"W, along
the East line of the Southwest Quarter of Section 12 a distance of 1436.53 feet to an
intersection with the North right-of-way line of Interstate Highway "90" (also being the
North line of North Kinney Coulee Road); thence N6951'22"W along said right-of-
way line a distance of 731.74 feet to the point of beginning; thence continuing
N6951'22"W along said right-of-way a distance of 77.32 feet; thence N6637'47"W
along said right-of-way line a distance of 842.02 feet; thence 611.58 feet northwesterly
along said right-of-way on the arc of a 7920-foot radius curve which is concave to the
Southwest and the long chord of which measures 611.42 feet and bears N7222'47"W;
thence N7120'37"W along said right-of-way line a distance of 558.58 feet to the West
line of the SW1/4 of said Section 12; thence N007'09"W along said West line a
distance of 299.60 feet to the West 1/4 Corner of said Section 12; thence N017'14"W
along the West line of the NW1/4 of said Section 12 a distance of 1636.59 feet to the
relocated South right-of-way line of State Highway "16"; thence (the next nine calls
being along the Southerly right-of-way line of said State Highway "16" as monumented
by WIDOT and described in Volume 1166 Records, Page 432) N5456'04"E, along
said right-of-way, a distance of 115.74 feet; thence N1137'29"E, along said right-of-
way, a distance of 470.64 feet; thence N3259'01"E, along said right-of-way, a distance
of 129.53 feet; thence N6016'23"E, along said right-of-way, a distance of 149.94 feet;
thence S2943'14"E, along said right-of-way, a distance of 110.07 feet; thence
N6017'45"E, along said right-of-way, a distance of 150.15 feet; thence N3826'56"E,
along said right-of-way, a distance of 161.58 feet; thence N5350'04"E, along said
right-of-way, a distance of 507.14 feet; thence N6336'36"E, along said right-of-way, a
distance of 74.44 feet; thence S447'41"E a distance of 1163.55 feet; thence
S6335'17"W a distance of 537.84 feet; thence S447'48"E a distance of 1059.94 feet;
thence S8820'24"E a distance of 804.66 feet; thence S3357'43"W a distance of
380.06; thence S8820'24" E a distance of 920.68 feet; thence S0°28’13” E a distance
of 752.24 feet; thence S59°55’58”W a distance of 471.79 feet to the Point of Beginning
of this description.
Said parcel also is subject to the following easements and lease:
(1) An easement to the Northern States Power Company as described in Volume
460, Page 459.
3
(2) A channel change easement as described in Volume 392, Pages 493 to 495.
(3) An advertising sign lease as described in Volume 456, Page 241.
(4) Any other easements of record or implied usage.
Said parcel is also restricted to development as an industrial park for industrial uses in
accordance with the Agreement for Transfer of the "Zietlow" Property dated April 28, 1997
and recorded in Volume 1177 of Records, Pages 938 to 942 at the La Crosse County
Register of Deeds.
The Covenants declared herein shall run with the land and shall affect the Park and each part
thereof and any interest in the Park or any part thereof for all purposes, and shall be binding
upon and inure the benefit of Declarant, its successors and assigns, and all owners, lessees, and
occupants of property in the Park, and to all parties hereafter having any interest in the property
and their successors and assigns.
2. USE RESTRICTIONS.
A. PERMITTED USES.
All building sites within the Park shall be used solely for office (where such office use is
not the principal use and defined as administrative offices associated with another
permitted use), laboratory, research, servicing, light industrial operations, light
manufacturing operations, day care, commercial pick-up and delivery services, public and
private utility facilities and governmental maintenance facilities, printing and publishing,
retail sales of commodities manufactured, processed, fabricated, or assembled on the
premises, commercial bakeries, pest control services, small animal care, dry cleaning and
laundries (does not include Laundromats) wholesaling, and distribution purposes and
similar and ancillary uses approved by the Plan Commission subject to conditions of these
Covenants and applicable ordinances of the City of La Crosse.
Except: Lots 19, 20, 21 and a portion of. 4 to allow vehicle and equipment sales, and
vehicle repair or service for River States Truck & Trailer; and Lots 1, 2, 3, and 4 to allow
retail and retail services as a permitted use; and Lot 10 to allow vehicle and equipment
sales and rentals, vehicle and equipment repair or service.
B. PRECLUDED USES.
No office building, school, cold-storage warehouse, smelter, strip commercial center,
restaurant, gasoline service station, motor hotel, mini-warehouse, heavy manufacturing
operation, truck terminal, freight transfer facility, junk or salvage facility, animal
processing operation solid waste handling facilities, major utility, mining, residential uses,
recreation and outdoor entertainment, off-premise advertising signs, adult entertainment
establishment, self-storage facilities, car wash, funeral homes, health clubs, hospital, hotel
or motel, kennel, mobile home or RV sales and service, Post Office, fast food restaurants,
service stations including truck stops, vehicle and equipment sales, asphalt or concrete
plant, gas and fuel storage/sales, vehicle repair or service, vehicle body shops, financial
4
institutions, communication towers and communication antennas not mounted on existing
structures, detention facilities, religious institutions, or retail use oriented establishments
that cater to the mass market will be permitted on such sites.
No nuisance or offensive or noxious odors, lighting, fumes, dust, smoke, noise, vibration,
pollution, glare or other nuisance, or hazardous uses by reason of excessive danger of fire
or explosion shall be permitted in the Park. Determinations of nuisance shall be made by
the City of La Crosse Common Council upon the basis of written complaint or on its own
initiative. Standards for nuisance or offensive and noxious use shall be those of the City of
La Crosse, La Crosse County, State of Wisconsin, or the Federal Government. Such
offensive uses shall be measured at the property line as it would adversely affect adjacent
operations or land use.
3. APPLICATION PLANS AND APPROVAL.
A. APPLICATION PROCEDURE.
Prior to construction, expansion or alteration of the shape, size or appearance of any
building or other structure or improvement in the Park, or change of use of any existing
building or any separate tract or parcel of land (“Site”), written descriptions of use and
operations, preliminary building and site plans and outline specifications (the "Application
Plans") shall be submitted in triplicate to the Plan Commission or Site Plan Review
Committee, if applicable, for approval. Each owner shall obtain the services of an architect
and/or an engineer in the development of the Application Plans.
No building, structure or other improvement shall be constructed, altered or placed upon
any Site until the appropriate Application Plans shall have been first approved in writing by
the Plan Commission or Site Plan Review Committee, if applicable. The deadline for
submission of appropriate application plans to coincide with the monthly deadline date for
submission of materials for the Common Council cycle.
Among the factors which will be considered by the Plan Commission or Site Plan Review
Committee are the proposed exterior building materials and design, the color and general
appearance of the structure, overall site configuration, roof design, roof mounted
equipment, screening, landscaping, site lighting and erosion and sediment control plans.
Application Plans shall include three sets of written material and scaled drawings as
outlined below:
(1) Description of proposed use and operation.
(2) Site plan, indicating building location, topography, drainage, survey description,
parking layout, driveway and access locations, site lighting and exterior storage
screening and locations.
(3) Drainage and erosion control plan.
(4) Landscape plan, submitted by Registered Landscape Architect.
(5) Floor plan(s) with locations for loading docks and utility meters indicated.
5
(6) Drawings showing all exterior building elevations indicating building materials,
colors and building heights.
(7) Building and site improvement specifications including types of construction
materials, color and manufacture.
(8) Sign design and specifications.
(9) Site and building lighting (exterior) design and specifications.
Application Plans shall be submitted in triplicate to the Plan Commission or Site Plan
Review Committee at the following address, which address may be changed by notice in
writing to the Owner of a Site in the Park at the time of closing:
City of La Crosse Planning Department
City Hall – 3rd Floor
400 La Crosse Street
La Crosse, Wisconsin 54601
The address and telephone number of the Owner or other person designated to receive the
response of the Plan Commission or Site Plan Review Committee shall be included with
the submission of the Application Plans.
The Plan Commission or Site Plan Review Committee shall promptly issue a written
receipt for each submission of Application Plans by or on behalf of an Owner, showing the
date the Application Plans are received by the Plan Commission or Site Plan Review
Committee.
B. APPROVAL.
The Plan Commission or Site Plan Review Committee shall approve Application Plans
submitted to it by written notice sent to the Owner or his representative at the address
included with the submission of the Application Plans. If the Plan Commission or Site Plan
Review Committee fails to respond in writing to any submission within forty-five (45)
calendar days after the date shown on the receipt issued by the Plan Commission or Site
Plan Review Committee for such Application Plans, approval of the Application Plans
shall be deemed granted if the Application Plans are otherwise in conformity with these
Protective Covenants and the applicable building and zoning codes of the City of
La Crosse.
C. DISAPPROVAL.
If the Plan Commission or Site Plan Review Committee disapproves of Application Plans,
the Plan Commission or Site Plan Review Committee shall specify the reasons for such
disapproval to the Owner or his representative in writing within the forty-five (45) day
response period. The Owner shall then be entitled to submit revised Application Plans for
review by the Plan Commission or Site Plan Review Committee, in which event another
receipt shall be issued for the revised submission by the Plan Commission or Site Plan
6
Review Committee and the forty-five (45) day review period specified in Section 3.B
above shall again be applicable.
D. SURETY.
The Plan Commission or Site Plan Review Committee shall require that a Letter of Credit,
surety bond, or other adequate security(ies), with terms acceptable to the Plan Commission
or Site Plan Review Committee, be provided to the City of La Crosse in the amount of the
cost of the landscaping and paving work to be performed pursuant to Application Plans
submitted to the Plan Commission or Site Plan Review Committee in order to assure that
landscaping and parking lot paving are installed as approved.
E. GUIDELINES.
In order to assist Owners in complying with these Covenants, the Plan Commission or Site
Plan Review Committee may publish, from time to time, Site and Building Guidelines (the
"Guidelines"). The Guidelines may pertain to such matters as drainage and erosion control,
signage, building materials, lighting standards, screening or any related matters. The
Guidelines may be updated at any time, in the sole discretion of the Plan Commission or
Site Plan Review Committee, to reflect developments in applicable technology or to
include changes deemed necessary or advisable, and shall be available to any Owner upon
request. To the extent such Guidelines are published, approval of Application Plans by the
Plan Commission or Site Plan Review Committee shall be in accordance with the
Guidelines as updated from time to time. However, the Guidelines shall not constitute
amendments or modifications of these Covenants, and in the event of any conflict or
inconsistency, these Covenants shall control.
4. SITE RESTRICTIONS.
A. NO REDIVISION OF LOTS.
There shall be no redivision of any lots within the International Business Park Plat without
express written permission of the City of La Crosse.
B. LAND/BUILDING RATIO.
No more than eighty-five percent (85%) of any Site (on lots less than one acre, no more
than ninety percent (90%)) shall be covered with buildings, surface pavement or other
covering materials that are impervious to surface water absorption. The initial construction
proposed on each Site shall be a minimum of twenty percent (20%) of the land area
purchased from the City unless otherwise approved by the Plan Commission or Site Plan
Review Committee and the Common Council of the City of La Crosse.
Except: Lots 14, 15, 16, and 19, 20, 21 to allow for River States Truck & Trailer
expansion.
7
C. BUILDING SETBACKS.
No part of any building or other structure shall be located within forty (40) feet of a
dedicated or reserved public street nor within fifteen (15) feet of any side property line of
any Site not abutting a dedicated or reserved public street, nor nearer than twenty-five (25)
feet to any rear property line of the Site. On lots less than one (1) acre in size, the side yard
setback requirements may be reduced to within ten (10) feet of any side property line of any
Site not abutting a dedicated or reserved public street. Except for Lot 12, which allows an
accessory structure within the side and rear setbacks.
D. PARKING SETBACKS.
No parking shall be allowed within forty (40) feet of a dedicated or reserved public street
and the front building setback line. Parking is permitted within twenty-five (25) feet of the
front property line beyond the width of the building (on lots less than one (1) acre in size,
this may be reduced to ten (10) feet). No parking shall be permitted within five (5) feet of
the side property lines of any Site, and then shall be screened in accordance with Section
5.D herein.
E. STORAGE.
No fuel or chemical in-ground storage that is not in compliance with applicable Federal,
State and Local laws and regulations shall be allowed in the Park. No outdoor storage of
articles, goods, materials, finished or semi-finished products, incinerators, storage tanks,
refuse containers or like equipment shall be permitted except as provided in Section 7.A
herein.
F. ANCILLARY STRUCTURES.
No water tower, storage tank, processing equipment, solar collector, telecommunications
equipment, cooling tower or other ancillary structure or outside equipment shall be
constructed, erected or placed in the Park without the prior approval of Plan Commission
or Site Plan Review Committee.
G. FREIGHT HANDLING.
All freight shall be handled on those sides of a building that do not face a street. Outside
loading docks shall not be constructed facing any street unless the face of the truck
unloading dock is one hundred (100) feet from the street line or the lot is bounded by two
(2) or more streets in which case an exception may be made at the sole discretion of the
Plan Commission or Site Plan Review Committee.
8
H. CANOPIES.
No truck canopies with visible wall hangers will be permitted in the Park. Design of
canopies shall be in keeping with the design of the building.
I. LIGHTING.
Lighting of a Site shall be of a design and height and shall be located so as to illuminate
only the Site. An exterior lighting plan must be approved by the Plan Commission or Site
Plan Review Committee and the City of La Crosse Engineering Department. No flashing,
traveling, animated or intermittent lighting shall be visible from the exterior of any
building, whether such lighting is of temporary or long-term duration. In addition, no
lighting shall be permitted on any Site which, in the judgment of the Plan Commission or
Site Plan Review Committee, could serve as a nuisance or hazard to other sites or the
general public.
J. DRAINAGE AND EROSION CONTROL.
The drainage pattern on any Site shall not be changed significantly and no change in the
drainage pattern onto lands adjacent to the Site shall be allowed. Specific site drainage,
erosion control and grading plans shall be submitted as part of the Application Plans, and
in addition to review and approval by the Plan Commission or Site Plan Review
Committee under Section 3 herein, shall be approved by the City of La Crosse Engineering
and Inspection Departments. Each Owner shall be responsible for:
(1) prevention of erosion of its Site,
(2) control of runoff of silt debris or sedimentation from its Site onto adjacent drain
systems or properties,
(3) removal of any such runoff, erosion or sedimentation, and
(4) repair of any damage to such Site or adjacent Site by such runoff, erosion or
sedimentation.
In the event that an Owner fails to comply with any of the foregoing obligations within
thirty (30) days after receipt of notice from the City of La Crosse, the City may, in its sole
discretion but without any obligation to do so, perform such obligations. If the City
performs the work, all costs incurred shall be assessed to the Owner and added to the
Owner's property tax bill for the Site.
Storm drainage from the completely developed Site shall be in compliance with all
Wisconsin Department of Natural Resources rules and regulations. The use of rain gardens
for addressing storm water infiltration and managing storm water run-off is encouraged.
9
K. BUILDING MATERIALS.
One hundred percent (100%) of the permanent walls of any building when facing a street
and extending twenty (20) feet on either side shall be faced with decorative masonry
approved by the Plan Commission or Site Plan Review Committee. For the purpose of this
restriction standard, light weight or cinder concrete block are not considered decorative
masonry. Dry-vit or other plaster products and decorative brick wainscoating are not
considered decorative masonry, however, dry-vit and decorative masonry may be combined
up to a 50/50 ratio to make up the one hundred percent (100%) of the building frontage
requirement. The use of glass in lieu of brick on the front of buildings is permitted where
office space is provided. Except as otherwise provided herein, the sides and rear of all
buildings shall be of masonry brick or decorative concrete panels for the first eight (8) feet
from the ground and the remainder of the building shall be of any material approved by the
Plan Commission or Site Plan Review Committee. Where concrete block masonry is used,
it shall be painted with two (2) coats of paint or shall be of decorative pattern block or
other decorative treatment of plain block approved by the Plan Commission or Site Plan
Review Committee. All faces of all buildings must be kept in good repair and appearance
at all times.
L. INGRESS/EGRESS.
There shall be no direct access to State Highway 16 or North Kinney Coulee Road from
any lot within the Plat of the International Business Park.
5. PARKING.
A. GENERALLY.
Each Site shall be provided with adequate paved off-street automobile parking as approved
by the Plan Commission or Site Plan Review Committee. No parking will be permitted on
any street, driveway or any place in the Park other than in approved parking spaces.
Overnight parking of campers, mobile homes, boats, trailers and similar vehicles is
prohibited. Overnight parking of trucks and service vehicles shall be appropriately
screened from the roadway via fencing, landscaping or berming as approved by the Plan
Commission or Site Plan Review Committee.
B. RATIO.
Unless otherwise approved by the Plan Commission or Site Plan Review Committee, areas
for current and future parking needs shall be allocated as follows:
(1) A minimum ratio of one (1) off-street passenger car parking space for each 1,100
square feet of gross warehouse distribution building area, for each 575 square feet of
10
gross manufacturing, production or service building area and for each 250 square feet
of gross office building area.
(2) Notwithstanding the foregoing, each Site shall have parking capacity adequate to
serve the reasonably expected parking needs for that Site.
(3) No parking shall be permitted at any time upon any street or driveway in the Park.
(4) No continuing or extended use shall be made of a Site or any building constructed
thereon which requires, or is reasonably expected to require, parking in excess of the
capacity of the parking facilities available on said Site.
C. LOCATION.
No parking shall be permitted within forty (40) feet of a dedicated or reserved public street,
unless expressly permitted herein, nor within five (5) feet of the side property lines of any
Site.
D. SCREENING AND LANDSCAPING OF PARKING AREAS.
In the event parking is approved within the setback required from a dedicated or reserved
public street or offset required from a side or rear lot line, such parking shall be screened
by berm and/or landscaping from public view in a manner approved by the Plan
Commission or Site Plan Review Committee and described in Section 7. Paved parking
areas larger than 20,000 square feet shall have landscaped areas equaling not less than five
percent (5%) of the parking area intermittently placed throughout the parking area.
E. REQUIREMENT TO PAVE SURFACES.
All parking surfaces, roadways, driveways and loading areas shall be paved with a
bituminous or concrete surface within twelve (12) months after occupancy of the Site. Curb
and gutter shall be placed along the borders of all permanent parking areas and permanent
driveways. Areas designated for future expansion and storage may be used for parking as
an interim use on a surface of recycled asphalt. Otherwise, these areas shall be landscaped
in accordance with Section 6 hereof. Drive sections are required for all ingress/egress
points.
F. DRIVEWAYS AND LOADING AREAS.
Driveway and loading areas shall be large enough to accommodate all vehicle maneuvering
on the Site. Driveway points of access to public streets must be approved by the Plan
Commission or Site Plan Review Committee and the City of La Crosse. Any variance to
driveway width requirements must first be approved by the City of La Crosse Board of
Public Works.
11
G. ENFORCEMENT.
The parking provisions of this Section may be enforced by the City of La Crosse pursuant
to Section 15 herein.
6. LANDSCAPING.
A. OPEN SPACES.
All open spaces shall be dustproofed, surfaced, landscaped, rockscaped or planted as lawns.
The required setback area from any dedicated or reserved public street shall be devoted
solely to lawns, trees, shrubs and walkways of a design approved by the Plan Commission
or Site Plan Review Committee. Landscaping, as approved by the Plan Commission or
Site Plan Review Committee, shall be installed within six (6) months of occupancy or
substantial completion of the building, whichever occurs first, weather and appropriate
planting seasons permitting. No landscaping shall be permitted to obstruct intersection
sight lines for vehicular traffic. All unused land that is planned for future expansion shall
be maintained and kept free of unsightly plant growth, stored material, rubbish and debris.
A minimum of one percent (1%) of building construction (hard costs) must be budgeted for
landscaping purposes. All areas that are to be seeded or sodded must have underground
irrigation; however, Lot 22 does not require underground irrigation but is to be maintained
and kept mowed, weed free and fertilized. All areas not devoted to building or parking
must be landscaped. Areas designated for expansion space on the site plan must be kept
mowed and weed free. Areas of less than 1,000 square feet are not required to maintain
underground irrigation.
B. WOODLANDS/TREES.
Significant woodland areas exist within the Park. It is the intent of the Declarant, the City
of La Crosse, to create a quality business environment by preservation of these wooded
areas to the greatest extent possible. Therefore, no live tree over three inches in diameter
measured one foot above the ground may be removed from any property without the
express permission of the Plan Commission or Site Plan Review Committee. Buildings
may be built up to woodland areas provided they do not significantly damage root systems.
Permission may be granted by the Plan Commission or Site Plan Review Committee for
driveways through these areas but not for building plans which would necessitate removal
of significant numbers of trees. Any trees removed under this section must be replaced at a
ratio of four (4) trees for every one (1) tree removed.
The Plan Commission or Site Plan Review Committee may require the inclusion of well-
developed trees, particularly evergreen trees, in the landscaping design in order to further
enhance the woodland character of the Park. All new well-developed trees must be a
minimum of 3½ inches in diameter at breast height (DBH).
12
7. SCREENING.
A. STORAGE.
No articles, goods, material, finished or semi-finished products, incinerators, storage tanks,
refuse containers, pallets or like equipment shall be kept outdoors or exposed to public
view, or to view from adjacent buildings without proper screening as approved by the Plan
Commission or Site Plan Review Committee. In the event that such approval is granted,
such materials shall be screened from view by completely opaque screens in a manner
approved by the Plan Commission or Site Plan Review Committee, and under no
circumstances shall such storage occur within fifty (50) feet of any dedicated or reserved
public street. Garbage and refuse containers shall be screened from view with approved
enclosures from the street and neighboring facilities. The proposed location of all storage
and all garbage containers shall be shown on the Application Plans submitted for approval
before commencement of construction.
B. TEMPORARY STRUCTURES/SIGNS.
No temporary structures, signs or trailers are to be permitted without prior approval of the
Plan Commission or Site Plan Review Committee, except those belonging to construction
companies during periods of construction.
C. ROOF MOUNTED EQUIPMENT.
Roof mounted equipment shall be so located and/or screened and/or painted to minimize
visibility from streets and adjacent Sites.
D. FENCING.
No fences shall be constructed on any Site without the approval of the Plan Commission or
Site Plan Review Committee. Fencing shall be constructed only of permanent materials
such as pressure-treated wood, masonry or metal, and shall be approved by the Plan
Commission or Site Plan Review Committee in every instance. Planting shall be provided
at the base of all fencing where such base is visible from any dedicated or reserved public
street.
E. LOADING DOCKS.
All outside loading docks facing a dedicated or reserved public street must be partially
screened from view from the street by berm and/or landscaping as approved by the Plan
Commission or Site Plan Review Committee.
13
F. USE OF ADJACENT LANDS.
All purchasers of property are hereby notified that, adjacent to the La Crosse International
Business Park, La Crosse County operates a landfill operation. The County has provided a
permanent buffer strip of land between the Business Park and the landfill. Purchasers
should expect activities associated with a landfill operation on the adjacent County-owned
property.
8. UTILITY CONNECTIONS.
A. INSTALLATION.
All utility connections, including all electrical and telephone connections and other
installations of wires to buildings, shall be made underground from the nearest available
source. No transformer, electric, gas or other meter of any type, or other apparatus shall be
located on any power pole nor hung on the outside of any building. All transformers and
meters shall be placed on or below the surface of the property and, where placed on the
surface, shall be adequately screened and fenced. All such installation shall be included in
and approved as a part of the Application Plans.
B. EASEMENTS.
The City of La Crosse shall have the right to obtain easements at no cost to the City within
the setback areas of any Site for the purpose of placing and maintaining Park entrance signs
within the Park. Such easements shall be approved by the City of La Crosse and shall be
recorded with the Register of Deeds for La Crosse County, Wisconsin. Said easements
may also appear on the Final Plat of the La Crosse International Business Park.
9. SIGNS.
All signs shall be of a design and material approved by the Plan Commission or Site Plan
Review Committee in accordance with the guidelines in Exhibit B and the City of La Crosse
Sign Regulations as found in the Municipal Code of Ordinances. On-site directional signage
will be allowed in any area needed to control traffic or parking provided such signage has
received Plan Commission or Site Plan Review Committee approval. The City of La Crosse
shall have the right to enforce uniform sign standards throughout the Park.
10. MAINTENANCE.
A. GENERAL SITE MAINTENANCE.
The Owner of any Site shall have the duty of, and responsibility for, keeping the premises,
buildings, improvements, appurtenances and landscaping of the Site in a well-maintained,
14
safe, clean and attractive condition at all times. Although the Owner may by contract
require tenants or occupants to perform these duties, the Owner shall be responsible to the
City of La Crosse for duties arising under this Section. All grass, trees and shrubbery must
be kept in good appearance at all times. All grass must be cut whenever necessary and
weeds must be controlled. Each Owner shall be responsible for removal of any rubbish or
trash of any character that may accumulate on a Site. Damaged or cracked areas of all
parking lots, sidewalks and other hard surfaces shall be promptly repaired or replaced. All
outlots will be maintained by the City of La Crosse. The City may pay for the maintenance
of the Business Park through assessments from property owners within the Business Park
who fail to maintain their property.
B. SITE MAINTENANCE DURING CONSTRUCTION.
During construction it shall be the responsibility of each Owner to insure that construction
sites are kept free of unsightly accumulations of rubbish and scrap materials.
C. RIGHT TO ACT ON OWNER'S BEHALF.
If, in the opinion of the City of La Crosse, any Owner fails to comply with these
maintenance provisions, the City of La Crosse may give such Owner written notice and
such Owner must, within fifteen (15) days of such notice, undertake the care and
maintenance required to restore said Owner's property to a safe, clean and attractive
condition in accordance with the notice. In the event that such Owner fails to cure the
condition after notice, the City of La Crosse shall have the right and power, but not the
obligation, to perform such care and maintenance as it deems necessary or desirable to cure
the violation. If the City performs the work, all costs incurred shall be assessed to the
Owner and added to the Owner's property tax bill for the Site.
11. CONSTRUCTION OBLIGATION AND REPURCHASE RIGHTS.
A. CONSTRUCTION OBLIGATION.
Each Owner shall promptly begin, diligently pursue and ultimately complete construction
of a building(s) on its Site pursuant to approved Application Plans.
In the event that construction of improvements approved by the Plan Commission or Site
Plan Review Committee has not been commenced within one (1) year of the date of closing
the sale of any Site, then, until such construction is commenced, the Declarant shall have
the option of repurchasing the Site from the Owner (the "Commencement Option").
Commencement of construction is defined to be construction of structural framing above
ground level. To exercise the Commencement Option, the Declarant shall provide written
Notice of Exercise of Option to Owner at Owner's last known address, including the date of
repurchase closing. Notice shall be deemed to be received two (2) days after deposit of the
notice, postage prepaid, in the U.S. mail. The repurchase, as described in 11.B, shall occur
15
within sixty (60) days of delivery of Notice of Exercise of Option.
If, after commencing construction work on any Site, construction ceases for a period of one
hundred eighty (180) consecutive days at any time before the completion of construction as
provided in Owner's approved Application Plans ("Cessation of Construction"), the
Declarant shall have an option to repurchase the Site at any time within one (1) year of
cessation of construction (the "Construction Option"). To exercise such Construction
Option, the Declarant shall provide Owner with notice as set forth above. Repurchase, as
described in 11.B, shall occur within sixty (60) days of Notice on the date specified in the
Notice.
If Owner does not complete construction of the improvements as described in the approved
Application Plans and obtain an occupancy permit for the improvements within three (3)
years of the date of closing the purchase of the Site, the Declarant shall have an option to
repurchase the Site (the "Completion Option"). To exercise the Completion Option,
Declarant shall provide written Notice of Exercise of Completion Option within one
hundred eighty (180) days after the expiration of the three (3) year period. Repurchase, as
described in 11.B, shall occur within sixty (60) days of Notice on the date specified in the
Notice.
B. TERMS OF REPURCHASE.
If the Declarant exercises any of the options described in Section 11.A, at repurchase
closing, the Owner shall tender a warranty deed free and clear of all liens and
encumbrances except municipal and zoning ordinances, recorded easements for public
utilities and Covenants approved by the City of La Crosse, in exchange for a sum equal to
Owner's purchase price for the Site less any unpaid real estate taxes, the proration for the
then current year's real estate taxes and the title insurance premium. Owner shall provide
the party exercising the option with a title insurance policy for the full amount of Owner's
purchase price.
In the event of repurchase as provided in this section, Owner shall also be liable to the
Declarant for all reasonable costs and expenses incurred in retaking and restoring the Site
to marketable condition, and such costs and expenses shall be deducted from the amount of
the purchase price paid to the Owner. Owner shall be deemed to consent to enforcement of
the options described in Section 11.A on the above terms by specific performance.
C. RIGHT OF FIRST REFUSAL TO REPURCHASE VACANT LAND.
In the event that any Owner shall wish to convey any vacant portion of a Site or a vacant
Site (the "Vacant Site"), at any time within three (3) years of closing, Owner shall first give
the Declarant the right to purchase the Vacant Site at Owner's original purchase price and
on the same terms and conditions as Owner's purchase. Within thirty (30) days of receipt
of written notice ("Notice") that Owner wishes to convey a Vacant Site, Declarant shall
16
notify Owner of its decision concerning repurchase. If Declarant decides to repurchase,
closing shall occur within sixty (60) days of Declarant's receipt of Notice. If the Declarant
is repurchasing a portion of a Site, the purchase price shall be prorated to reflect the total
square footage of the Vacant Site as compared to the total original square footage of the
Site purchased by Owner.
12. APPROVALS.
All approvals by the Plan Commission or Site Plan Review Committee shall be in writing.
Written approval by the Plan Commission or Site Plan Review Committee of a particular use
or action shall be conclusive evidence of compliance with these Covenants to the extent any
use or action so approved is not in violation of any law, ordinance or governmental regulation.
13. DISCLAIMER OF LIABILITY.
Neither the City of La Crosse nor the Plan Commission or Site Plan Review Committee shall
be liable to any person or entity submitting Application Plans for approval, or seeking any
other approval under these Covenants, or to any other person or entity affected by these
Covenants, by reason of engineering, architectural or technical errors or omissions in the
Application Plans or materials submitted for approval. The Plan Commission or Site Plan
Review Committee shall not be deemed to provide architectural or engineering services in the
review and approval of Application Plans, or in any other manner. Neither the Plan
Commission nor Site Plan Review Committee shall be responsible for inspecting
improvements during construction or for ensuring compliance with approved Application
Plans.
14. TERM AND AMENDMENT OF COVENANTS.
A. TERM OF COVENANTS.
These Covenants shall remain in force for twenty (20) years from the date hereof.
Thereafter, these Covenants shall renew automatically for successive periods of five (5)
years each unless terminated by a majority vote of the total number of votes available in the
Park, provided that the City of La Crosse consents to termination.
B. AMENDMENT OF COVENANTS.
These Covenants may, at any time, be terminated, extended, modified or amended, with a
written affirmative vote of fifty-one percent (51%) of the total number of property owners
in the Park, provided, however, that, as long as Declarant owns any portion of the Park, no
such termination, extension, modification or amendment shall be effective without the
written approval of Declarant and provided that these Covenants may not be terminated,
extended, modified or amended without the consent of the City of La Crosse and County of
17
La Crosse, except in case of an amendment or amendments of Lot 28, in which only the
consent of the City of La Crosse is needed.
15. ENFORCEMENT.
A. BY LEGAL ACTION.
These Covenants may be enforced at law or in equity by the City of La Crosse. However, if
any Owner shall file with the City of La Crosse a written petition for enforcement or
commencement by it of proceedings to enforce these Covenants and the City shall fail to
act accordingly within thirty (30) days, or shall refuse such petition, then such petitioner
may, within a period of one hundred eighty (180) days after filing such petition, commence
an action or proceeding against the violating Owner in law or in equity for enforcement or
for damages arising from any violation of these Covenants. The City of La Crosse shall
have no liability to any person or entity for failure or refusal to enforce any provision of
these Covenants.
B. RIGHT TO ACT ON OWNER'S BEHALF.
In addition to the foregoing remedies, the City may undertake the obligations of any Owner
arising under Section 4.J or Section 10 of these Covenants. The right to act on Owner's
behalf shall arise if the Owner has not acted to correct a violation of Section 4.J,
concerning drainage and erosion control, or Section 10, concerning maintenance, after
receipt of notice of violation from the City and an opportunity to cure the violation, both as
provided in Section 4.J and Section 10.C, respectively.
16. EFFECT OF INVALIDATION OF ANY PROVISION.
In any event that any provision of these Covenants shall be held to be invalid by any Court, the
invalidity of such provision shall not affect the remaining provisions of these Covenants, which
shall continue in full force and effect to the extent enforceable.
17. WAIVER OF RIGHTS.
The failure of the City of La Crosse or any Owner to enforce any provision of these Covenants
shall not be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any
other restriction.
18. INSPECTION.
The City may, from time to time, at any reasonable hour or hours, enter and inspect any Site or
improvements to ascertain compliance with these Covenants. The City shall use its best efforts
not to compromise security measures and shall strive not to interfere with normal conduct of
18
business when inspecting property under this provision.
19. RIGHT TO RE-SUBDIVIDE.
At the time of purchase of a Site from Declarant, such Site shall be considered as a single
building site for all purposes hereunder. Re-subdividing of such Site by an individual Owner
shall not be permitted without prior approval by the City of La Crosse.
20. PARK MAINTENANCE.
The City shall be responsible for maintenance of the Park entrance areas and the Park signs at
entrances to the Park, as well as all outlots. The Owners of Sites within the Park shall be
responsible for maintenance of such Sites, as set forth in these Covenants. It is contemplated
herein that the City shall not have maintenance responsibilities beyond the Park entrance areas
and outlots.
21. ADDITION OF TERRITORY.
Declarant may, from time to time during the term of these Covenants, add property to the Park,
and by recorded supplement to these Covenants, declare such additional property and the
owners of such property to be subject to the terms of these Covenants.
22. MUNICIPAL RIGHTS OF APPROVAL.
All pertinent requirements of governmental agencies shall be applicable to the development of
the Park and all construction in the Park must be approved by the City of La Crosse according
to applicable zoning codes and municipal ordinances.
23. TERMINATION OF DECLARANT'S RIGHTS.
Except with regard to the addition of further property to the Park under Section 21, the rights of
Declarant under these Covenants, as set forth in Section 14.B, shall terminate upon the sale by
Declarant of all property in the Park. A subsequent purchase by Declarant of property within
the Park shall not reinstate rights of Declarant under the section specified above.
24. REAL ESTATE AND PERSONAL PROPERTY TAXES
It is understood that the property subject to these Covenants in the Business Park are located
within a Tax Incremental Finance District and that any purchaser, as well as any successors or
assigns, shall be responsible for payment of real and personal property taxes or a payment in
lieu thereof in equal amount notwithstanding any other provisions of law, nor shall the property
be exempt from personal or real property taxes. This condition shall run with the lands
conveyed as part of the La Crosse International Business Park Plat because of the Tax
19
Incremental Finance District and because the property is being sold at below market value.
25. CITY OF LA CROSSE.
These Covenants shall not serve to abrogate the site development and building construction
regulations or any other regulations specified in the City of La Crosse Code of Ordinances.
Site development and building construction plans shall be submitted to the City of La Crosse
Plan Commission or Site Plan Review Committee for approval.
20
APPROVAL OF PROTECTIVE COVENANTS
The undersigned CITY OF LA CROSSE, WISCONSIN, a municipal corporation, hereby approves
those certain Protective Covenants for the La Crosse International Business Park, made and entered
into by ___the City of La Crosse, Wisconsin,___ as Developer on __August 12 _, _2021_, recorded
in the public records of La Crosse County, Wisconsin.
IN WITNESS WHEREOF, this instrument has been executed on behalf of the City of La Crosse,
Wisconsin, by its duly authorized representatives.
CITY OF LA CROSSE, WISCONSIN
Mitch Reynolds, Mayor
Nikki M. Elsen, City Clerk
STATE OF WISCONSIN )
) SS.
COUNTY OF LA CROSSE )
Personally came before me this __12th______ day of ___August______, _2021___, the above-named
_Mitch Reynolds___________ and __Nikki M. Elsen______________, to me known to be the
__Mayor_________________ and __City Clerk______________, respectively, of the CITY OF LA
CROSSE, and who executed the foregoing instrument and acknowledged the same as the act and
deed of said corporation.
(Notarial Seal) ________________________________________________
Notary Public, State of Wisconsin
My Commission expires _____________
21
EXHIBIT A - SITE PLAN
22
EXHIBIT B - UNIFORM SIGN STANDARDS
Proposed signage in the La Crosse International Business Park must be included in the Application
Plans and approved by the Plan Commission or Site Plan Review Committee. Due to the infinite
possibilities and combinations of building designs, site plans and signage requirements, it is
impossible to lay out every specific single requirement. Therefore, while the Declarant is setting
forth these signage standards, final approval of all signage in the La Crosse International Business
Park will be made by the Plan Commission or Site Plan Review Committee.
All guidelines or policies expressed in this manual are subject to any additional approvals that are
required by the City of La Crosse.
Identification Signs
1. Definition of Identification Sign.
The principal sign identifying the name of the building or the name of the company occupying
the building. Also, contains the building address (number) in a consistent location on the sign.
The sign may also contain a limited amount of descriptive information, usually no more than two
or three words, indicating such things as "regional headquarters", "distribution center", etc. There
may be only one free standing (ground mounted) identification sign (and a second smaller sign
no more than ten (10) square feet in size immediately adjacent to the building) for each lot
including double fronting lots. In lieu of a free standing ground mounted identification sign, one
identification wall sign is permitted under paragraph b. below or where the building fronts on
two streets, two wall signs with individual characters mounted in relief on the facade of the
building will be permitted. Where deemed appropriate by the Plan Commission or Site Plan
Review Committee, one wall sign not to exceed 102 square feet in area may be permitted in
addition to the free-standing ground mounted identification sign
a. Pylon-type signs are only permitted. Landscaped Planters or ground mounted signs shall not
exceed fifty (50) square feet per side in area and shall be no higher than eight (8) feet high (a
second smaller sign of no more than ten (10) square feet in size immediately adjacent to the
building is permitted). No reader board signs or commander board signs are permitted within
the Business Park. Except Lots 14, 15, 16, 19, 20, 21 to allow a pylon-type sign not to
exceed thirty (30) feet in height.
b. Wall identification signs may be either raised letters or cabinet signs and may have a
maximum area per side of no more than 300 square feet and may not extend more than six
(6) inches from the outside of the building wall. Where two wall signs are permitted, both
wall signs shall be identical.
c. Identification signs may be lighted from the outside by lights designed to illuminate only the
sign and surrounding planting, or may be internally lighted, but shall not contain any strobe
type or revolving lights or devices directing beams of light.
d. No signs may be placed on top of any building roof or any vehicle.
e. No billboards may be placed anywhere within the Business Park including any lot or rooftop.
23
2. Single Tenant Buildings.
a. There may be only one identification sign per building (ground mounted) and it must be
placed between the street and the front of the building perpendicular to the street, and having
identical identification on both sides.
b. The design of the sign (size, graphics, color, etc.) must conform to the design parameters
described in this section unless otherwise approved by the Plan Commission or Site Plan
Review Committee.
c. The identification sign shall be constructed according to the following design parameters:
(1) A base, 96" long by 60" wide by 16" high, constructed to compliment the building.
(2) Inset 30" high by 80" long.
(3) Raised, baked enamel, anodized aluminum or brass logo and/or letters of a color to be
chosen by the property owner, and of a size which fits proportionately within the inset.
d. Letter height shall not exceed a maximum of 24" for the company name, 6" for any
descriptive information and 3" for the street address.
e. The sign must contain the street number at the bottom.
f. Unless otherwise approved by the Plan Commission or Site Plan Review Committee, the
maximum height of the identification sign is 60" from ground level to the top of the masonry.
g. Identification signs shall be lighted from the outside by lights designed to illuminate only the
sign and surrounding planting. Such lighting shall not be a potential hazard or annoyance per
Section 4.I of these Covenants.
h. The identification sign must be installed within 30 days from the date of final completion of
the building unless otherwise approved by the Plan Commission or Site Plan Review
Committee.
3. Multi-Tenant Buildings.
a. Unless otherwise approved, there may only be one identification sign per building and the
sign shall conform to Section 2, Single Tenant Buildings, above.
b. Additional signs permitted for identification of individual tenants in a multi-tenant building
must be uniform both with regard to sign panel design and lettering style. This sign program
must be designed as part of the overall building concept.
c. All programs for multiple-tenant signage will be strictly regulated and must be approved by
24
the Plan Commission or Site Plan Review Committee at the time Application Plans are
reviewed.
Informational Signage
1. Definition.
All signs other than identification signs. There is a standard format for informational signage in
the La Crosse International Business Park. Such signage includes: instructions to visitors,
vendors and customers; directional signage; designated parking areas; driveway entrance signs or
any sign other than the building identification sign described earlier.
2. General Restrictions.
a. Informational signage (as defined above) may be double or single face.
b. Unless otherwise approved by Declarant or its Designee, informational signs may be
constructed in only four sizes (w x h): 12" x 12", 12" x 18", 36" x 18" or 36" x 24".
c. The signs that have an 18" dimension or less may be installed by screw mounting on a single
metal pole 2-1/2" in diameter. Larger signs shall be installed on two such poles, one at each
end of the sign.
d. Informational signs shall be no taller than 4'6".
e. No informational signs shall be permitted to be installed directly on the building except at
overhead truck doors or rear personnel entrance doors, and only when prior approval has
been obtained from Declarant or its Designee.
3. Design Parameters.
a. All informational signage and poles will have a permanent finish and have lettering
corresponding in color to lettering on property identification signs.
b. The maximum letter height on all informational signs shall be 3" and lines shall be spaced no
further than 2" apart.
c. All lettering on informational signs shall be "flush left".
Temporary Signage
1. Definition.
Temporary signs are signs placed on the property that are intended to be removed after the
specific purpose they have served has been satisfied. Such signs as temporary building
identification signs, construction signs, "For Lease" or "For Sale" signs, etc.
25
2. General Restrictions.
a. Construction signs are not permitted to remain standing for more than thirty (30) days
following the final completion of a newly constructed building or addition to a building.
b. Temporary signs must not remain standing for a period of more than 120 days unless such
period is extended by the Declarant or its Designee. The exception shall be signs erected by
Declarant's Designee to market this land development.
c. No temporary signs may be mounted on building walls, but instead must be free-standing.
d. Temporary signs shall be no larger than 4' x 8'.
e. Temporary signs for grand openings and special events are not permitted to remain standing
for more than thirty (30) days. Repeated placement of temporary signage of similar content
is not permitted.
26
Guidelines for
Sites and Buildings
La Crosse International Business Park
Aesthetic Evaluation
The intent or purpose of this section is to provide principles and standards for use by the Plan
Commission or Site Plan Review Committee in the preparation and review of site and building plans
proposed within the Park with emphasis on and the primary objective being the heightening of the
visual character of the sites and buildings proposed and, thereby, the entire community. It is
understood that such visual enhancement is also expected to be maintained over time and not be only
an initial accomplishment to be forgotten.
1. No building shall be permitted the design or exterior appearance of such unorthodox or abnormal
character in relation to its surroundings so as to be unsightly or offensive to general accepted
taste and community standards.
2. No building shall be permitted the design or exterior appearance of such an identical nature with
those adjoining so as to create excessive monotony or drabness.
3. No building or sign shall be permitted to be sited on the property in a manner which would
unnecessarily destroy or substantially damage the natural beauty and aesthetics of the Park,
particularly insofar as it would adversely affect values incident to ownership of land in the Park
or which would unnecessarily have an adverse effect on the aesthetics of existing structures on
adjoining properties.
4. No side or facade of a building or structure is exempt from public view and, consequently, all
sides or facades should be visually pleasing and architecturally and aesthetically compatible.
5. Certain building materials present a visual statement of strength and permanence to the
immediate environment and to the community and will be encouraged, while materials that make
a building or structure appear temporary will be discouraged.
6. Principle and accessory buildings, lighting, landscaping and signage presented for review shall be
carefully designed so as to compatibly integrate architectural style, size, shape, building material,
color and texture, landscaping, lighting and signage.
Building Materials and Design
Materials shall be approved by the Plan Commission or Site Plan Review Committee and shall be
one or more of the following:
1. Brick and stone shall be of a size, type, texture, color and placement as shall be approved by the
27
Plan Commission or Site Plan Review Committee.
2. Concrete masonry units shall be those generally described as "Customized Architectural
Concrete Masonry Units" and shall be fluted, split face or decorative masonry and shall be
approved by the Plan Commission or Site Plan Review Committee.
3. Concrete may be poured in place, tilt-up or precast, and shall be finished in stone, textured or
coated in a manner to be approved by the Plan Commission or Site Plan Review Committee. All
coatings shall be approved by the Plan Commission or Site Plan Review Committee.
4. Metal siding must be attractive, durable, of an earth tone or compatible color acceptable to the
Plan Commission or Site Plan Review Committee, and not merely an inexpensive method of
building.
5. Wooden frame buildings will not be approved.
