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HomeMy WebLinkAbout1999-09-15 Joint Board MINStillwater Township and City of Stillwater Joint Board Meeting Sept. 15, 1999 Present for Stillwater Township: Supervisor David Johnson, and Supervisor Louise Bergeron Present for City of Stillwater. Mayor Jay Kimble (7:20), and Council Member Terry Zoller Others: Timothy Kuntz, arbitrator Township Attorney Tom Scott, City Attorney David Magnuson, Township Planner Meg McMonigal and Stillwater Community Development Director Steve Russell Chairman Johnson called the meeting to order at 7:10 p.m. Approval of a.°enda: Ms. Bergeron, seconded by Mr. Zoller, moved approval of the agenda as submitted; all in favor. Approval of minutes: Mr. Zoller, seconded by Ms. Bergeron, moved approval of the Sept. 1, 1999, minutes; all in favor. Mr. Johnson reviewed the process that had taken place to date regarding the Pemton proposal for development of the Bergmann parcel. After the Joint Board was deadlocked 2-2, Mr. Kuntz was identified as the mediator/arbitrator. Subsequent to Mr. Kuntz's appointment as mediator, another public hearing was held Sept. 1. Mr. Johnson stated following the Sept. 1 meeting, the Township Board directed its representativegU1YiZ0?1fr'int Board not to change their previous votes for denial. Mr. Johnson also noted the critical votes for the Joint Board were on the requested Comprehensive Plan and Zoning Map amendments; the subdivision and planned unit development matters were advisory recommendation on the part of the Joint Board. Mr. Zoller briefly restated one of the City's reasons for recommending the Comp Plan/Zoning change is that the City sought to take a proactive stance in saving the remaining Long Lake forest following the concerns that arose during the Liberty on the Lake/Legends of Stillwater approvals. This development, he said, is a compromise - the City has received a verbal agreement from the developer to save some of the remaining forest, the City also receives an active neighborhood park and provides affordable housing with this plan. Unfortunately, he said, the City "dropped the ball" in communicating with the Town Board and the Town Planning Commission. Mr. Zoller also said that the objections raised during the Sept. 1 public meeting were not to the development concept, but to "change." Change in and of itself is not bad, he said, in urging the Board to vote on the merits of the proposal. A new resident of the Legends of Stillwater development was allowed to address the Board. She said she had received no notification of either the Sept. 1 or the Sept. 15 meeting. She stated she had hoped/anticipated the land behind her home was going to be park; she also was unaware 62nd Street was going to be closed to thru-traffic. Mr. Kimble noted the decision to close 62"d Street was made some time ago at the request of residents. Mr. Johnson also noted there are legal requirements for hearing/meeting notification that the Joint Board is very careful to follow; he also noted that Mr. Russell would be happy to bring the new property owner up to speed regarding plans for the area. Mr. Johnson asked Mr. Kuntz as to the process he wished the Board to follow. Mr. Kuntz stated that he had hoped not to get to the point of having to cast the deciding vote in the matter, but was prepared to do so and render his decision that evening based on the record, testimony and wealth of information provided by the Town and City, as well as the legal standard of review he was charged with in making his decision. (The standard of review is attached.) Mr. Kuntz agreed with Mr. Johnson that Cases No. 1 and 2 were within his purview, while Cases No. 3 and 4 were more advisory matters for the Joint Board. Mr. Scott suggested that the Board consider a joint motion for Cases 1 and 2(the Comprehensive Plan and Zoning Map amendments). Mr. Kimble stated his deep concern that the deadlock may result in someone who doesn't live here making land use decisions for this community. He asked if there was any chance of compromise, such as moving the setback from Manning Avenue, to avoid placing the decision- making in the hands of an outside party. Mr. Johnson stated it was his hope to come to this meeting and be able to have that discussion; however, the Town Board has identified how its Joint Board members will vote and the Township representatives to the Joint Board do not have the authority to discuss those issues. Ms. Bergeron stated that there is noting adversarial on the part of the Town Board, it's just that the two communities are at impasse over this particular project. Mr. Kimble, seconded by Mr. Zoller, moved approval of Case No. CPA/99-1 (Comprehensive Plan Amendment) and Case No. ZANI/99-Q6(IZ1J2Afgi Map Amendment) for the 28 acres of land located east of CR 15 and north of 62"a Street. Vote was 2-2, with Mr. Kimble and Mr. Zoller voting in the affirmative and Mr. Johnson and Ms. Bergeron voting nay. Mr. Kuntz stated he was impressed with the process the two communities followed, as well as the civility and willingness to engage in good discussion demonstrated by the two parties. He then stated he was voting in the affirmative based on the record, testimony and standard of review. He distributed his written report; the original, signed copy is attached. Mr. Magnuson noted that at some point, the Joint Board needed to adopt Mr. Kuntz's report as its findings. Later in the meeting, after Mr. Magnuson and Mr. Scott were given time to review the report and stated their go-ahead, the Board, on a motion by Mr. Kimble, second by Ms. Bergeron, voted unanimously to accept Mr. Kuntz's report as its findings of fact. Case No. PUD/99-9 Planned Unit Development for a 142-unit cluster development and 4.8 acre park on 28 acres; Pemton Land Company, applicant. Mr. Zoller, seconded by Mr. Kimble, moved to recommend approval of Case No. PUD/99-9. Mr. Johnson pointed out that the latest version of the development plan doesn't comply with the County Road 15 greenway buffer requirements; specifically several end units don't meet the setback, he said, and encouraged the City to review the proposal to bring it into compliance with the ordinance. The ensuing discussion centered on which right-of-way line to follow in determining setback requirements. Mr. Johnson said he would not like to vote approval on a proposal not in compliance with the ordinance; he suggested the Board could vote with the stipulation that the proposal be brought into compliance with all applicable ordinance and let the planners figure out what the right-of-way/setback requirement is. Mr. Zoller suggested amending the motion to add language that the development plan be in compliance with the greenway ordinance. Mr. Kimble accepted the amendment to his motion. Mr. Scott noted the Mr. Kuntz's findings of fact state the plan is consistent with the greenway concept. Amended motion passed unanimously. Case No. SUB/99-9 A subdivision of the NW '/4 of the SW '/4 of the Bergmann property for 142 townhome lots and common area and a 4.8 acre park on 28 acres. Pemton Land Company, applicant. Mr. Kimble, seconded by Ms. Bergeron, moved to recommend approval of Case No. SUB/99-9; motion passed unanimously. Referral of annexation request for 8220 and 8260 Neal Avenue from City Council to Joint Board: Mr. Russell informed the Board that two Phase 4 property owners, Mitch McKenzie and Dan Thron, have petitioned for annexation. Mr. Russell noted the properties are large enough to accommodate four single-family lots; both property owners are asking for three-lot subdivisions. Mr. Johnson noted the Township had ghost platted those properties a number of years ago. Mr. Russell said the request will be going to the City's Planning Commission and then will come back to the Joint Board; the request will require a zoning amendment and subdivision. Mr. Johnson said the matter would be put orO$*1h2MTown Board agenda to receive the Town Board's comments. Other business: • Mr. Russell informed the Board that the City is looking at purchasing 23 acres of the Rivard property at County Road 15 and Boutwell Road for parks use and a public works building. The City currently is in the negotiation process. Should the City acquire the property, it will require Comprehensive Plan and Zoning Map amendments, he noted. Mr. Johnson said the information regarding the possible purchase of the Rivard property also will be discussed at the next Town Board meeting in order to have some direction for the next Joint Board meeting. Mr. Kimble again stated that he was not happy that Mr. Kuntz had to make the decision on the Bergmann property development, and suggested communication between the two communities needs to be improved. Ms. Bergeron said she did not feel there was any animosity on the part of the Township. Mr. Zoller noted that in the past, the Board has talked about joint planning commission meetings and suggested that perhaps the Board ought to revisit that suggestion. Mr. Johnson stated he was comfortable with the process that had taken place - the two communities agreed to disagree and went through the procedure as outlined and learned something in the process.. Ms. Bergeron, seconded by Mr. Kimble, moved to adjourn at 8:35 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 06/01 /2006