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HomeMy WebLinkAbout1998-01-28 Joint Board MINStillwater City and Town Joint Board Jan. 28, 1998 Present for Stillwater Township: Supervisor David Johnson; Supervisor David Francis; Attorney Tom Scott; Planner Meg McMonigal Present for City of Stillwater: Councilman Terry Zoller, Mayor Jay Kimble; Attorney David Magnuson; Community Development Director Steve Russell; City Coordinator Nile Kriesel; Engineer Klayton Eckles Chairman Johnson called the meeting to order at 7:05 p.m. Approval of a6e? nda: Mr. Johnson suggested beginning the meeting with an overview from Mr. Russell and the developers, along with any updated information that might be available since the last meeting, and then receiving public comment before proceeding with the agenda as presented. Mr. Francis, seconded by Mr. Kimble, moved approval of the agenda as suggested by Mr. Johnson; all in favor. Mr. Zoller suggested moving the item regarding tax information for the Phase I annexation properties to the first agenda item. Mr. Kimble, seconded by Mr. Zoller, moved approval of the amended agenda. Approval of minutes: Mr. Francis, seconded by Mr. Zoller, moved approval of the minutes of Nov. 19, 1997; all in favor. Tax situation for Phase I properties: NW/OIU200 explained that the Orderly Annexation Agreement provided for a tax rate of 50 percent of the urban rate for Phase I properties not requesting annexation. However, the computations for this year's taxes neglected to take into account that, according to state statute, the levy for debt service must be at 100 percent. The result was that the City's portion of taxes payable 1998 are higher than provided for in the Orderly Annexation Agreement. When the error in calculation was brought to the City's attention, letters were sent to affected property owners. Richard Huelsmann, 62"a Street, provided copies of the pertinent text of the Orderly Annexation Agreement and a computation of city taxes payable '98 as compared to the Annexation Agreement. He stated city taxes are at least $200 or more higher than what was intended by the Agreement. He said 30 parcels are affected and estimated the total amount involved to be $15,000420,000. Mr. Kimble noted the intent of the agreement was to provide for a tax rate of 50 percent, but no one knew debt service had to be set at 100 percent. He said the Joint Board should simply recommend that the City rectify the situation pursuant to the agreement. Mr. Kimble made that in the form of a motion, seconded by Mr. Zoller. There was some discussion as to the options of correcting the situation. Mr. Scott said he had discussed the matter with Mr. Magnuson who felt the City would be in a position to provide a rebate to affected property owners. Mr. Magnuson said he felt that would be permissible, but that would be a Council decision. Mr. Johnson said he would encourage the City to correct the situation this year if possible and deal with the issue in the present rather than the future. Mr. Johnson expressed a concern that the Joint Board was not notified as soon as the City identified the problem, and he requested that affected property owners receive notices as soon as there is a commitment by the City Council as to how to correct the situation for this year and in subsequent years. Mr. Kimble's motion passed unanimously. Liberty on the Lake and The Legends of Stillwater developments Mr. Russell provided an overview of the developments and some key issues and explained the proposed zoning districts. Homer Tompkins, Liberty on the Lake, and Dan Herbst, The Legends, spoke briefly. Both stated they were committed to and would encourage traditional housing design. Dwight Jelle of Westwood Professional Services highlighted the findings and comments prepared by a staff forester who had surveyed the woodlands on the two properties subsequent to the Jan. 26 meeting and public hearing by the Stillwater Planning Commission. The report noted that the woodlands play a valuable role in water quality of the wetlands and Long Lake but have been degraded by exotic species, especially buckthorn. The area qualifies as a C or D ranking for oak forests, according to DNR qualifications. The report notes there is some areas where there is good oak regeneratQ6ffi1 /R866mmendations included taking precautions during construction, review and site visits by a forester and development of a forest preservation plan. The report highly recommends saving the woodlands by wetlands which may require reconfiguration of the trunk sewer lines, he said. It was estimated there are 45 significant trees per acre. Mr. Francis asked how many trees would be lost if so-called cul-de-sac I is constructed in the proposed location. Mr. Jelle estimated 143 trees wold have to be removed. Marc Putnam, Liberty on the Lake, stated in the developers' PUD application it was estimated 11.8 acres of woodlands would be removed; there would be a 280 percent replacement of lost trees, he stated. In the primary wooded area behind the lakeshore, he estimated that 508 significant trees would be removed. Meg McMonigal made a statement regarding Stillwater Township's position suggesting that the two cul-de-sacs which extend into the woodlands be modified to protect more trees. It is the township's view, she stated, that the city should take more measures to protect the trees and that the city's Forest Protection Ordinance measures be implemented and enforced. It was also suggested that homes be designed so as to save as many trees as possible. Mr. Tompkins pointed out that traditionally they use a forester and get in touch directly with the consumer on site to discuss tree preservation plans. Mr. Kimble asked if the developers would support requiring that a forester be involved in the planning for every lot; Mr. Tompkins responded in the affirmative. Mr. Putnam noted that it is possible to spend an inordinate amount of money in constructing retaining walls and other measures to preserve trees that might be better spent in replanting. Mr. Johnson opened the meeting to public comments. Laurie Maher, 3018 Marine Circle, asked that the city look at the forest as a total community, rather than a certain number of trees. She also suggested that the historic value of the oak forest should be considered. She further suggested that it is not too late to consider alternatives, such as clustering of housing, changing road locations, or purchasing some of the woodlands. Ms. Maher also asked whether the proposed trails would be paved or of a passive nature as recommended by the AUAR. Mr. Russell said the trail would be paved, 8 feet in width. Ms. Maher also asked about shoreline protection measures. Mr. Russell said covenants and easements would be implemented to provide shoreline protection. Todd King, 210 Wildwood Court, a member of the city of Stillwater's Open Space Committee talked of the committee's open space survey and the "solid support" indicated for preservation of open space/woodlands. He asked the city to comply with its Comprehensive Plan. Leah Peterson, resident of Mid Oaks, talked about the statements in the city's Comprehensive Plan, the Open Space Committee's survey, the AUAR and mitigation plan, and the city's lack of a forester on staff. She asked the city to follow the comprehensive plan, allow for more clustering of housing and save as much of tWW6MfDnds as possible. Richard Huelsmann, 12610 62"d St. N., asked about lakeshore lot setbacks. He said a 120 foot setback is used in areas subject to county regulations. He asked if public access would be provided to Long Lake; the developers responded in the negative, and Mr. Huelsmann said he supported that. Mr. Huelsmann also asked about the status of 62"d Street, whether it would be a through street or closed by a cul-de-sac. He also asked that neighbors be allowed input in the location of the cul- de-sac. Mr. Russell and Mr. Zoller responded that the city has not decided on the location of the cul-de-sac; that will be determined after additional study. Mr. Johnson said that from comments he heard at the Jan. 26 Planning Commission public hearing, he understood there is a commitment to cul-de-sac 62"a but there is still a question regarding the best location. Mr. Huelsmann said he was trying to establish that the road would be terminated just to the west of The Legends development. Edward Gordon, Marine Circle, asked about the status of Liberty/Newman island and whether it would be available to the citizens of Stillwater or owned by a homeowners association. Mr. Russell stated the island is part of the developers' park dedication and will be owned by the city. Mr. Gordon also asked whether developers would be in compliance with the city's bluffland ordinance. Mr. Russell said seven lots are on slopes greater than 25 percent and all meet DNR requirements; compliance with the bluffland ordinance/requirements will be a condition of approval, he said. Mr. Gordon also raised the issue of changes to the AUAR by rerouting some water to Long Lake that the AUAR indicates as flowing across County Road 12. He noted Long Lake has experienced significant changes in water levels over the past years and any actions that add to the water level is of a concern to homeowners. Mr. Gordon also asked when the AUAR would be implemented; Mr. Eckles said implementation would be done with phase I development. Mr. Johnson closed the public hearing. There was some discussion as to how the Joint Board should proceed. Mr. Kimble noted it could take many months of going back and forth between the Joint Board and the City Council should the Council make changes to the zoning ordinance text and/or language in the planned unit development regulations. Mr. Scott said it is clear the Joint Board must approve controls adopted by the City Council and any amendments the Council might make. Mr. Magnuson pointed out there is a concern, and potential financial risk, about getting utilities to Rutherford Elementary School; the process for adopting the final documents should be as timely as possible, he suggested. It was the consensus of inembers to continue any action on the zoning amendments and planned unit development s/subdivi sions and reconvene immediately following City Council action on Feb. 3. Mr. Russell asked for some direction as to any concerns/changes the Joint Board would like made before the Feb. 3 Council meeting. It was the consensus the proposed zoning nWqhg'sU6Q&1 be approved as proposed. Mr. Kimble said the thought the proposed 85 foot setback for lakeshore lots should be increased. He also expressed a concern about losing too much of the dense forestation and suggesting eliminating or moving several cul-de-sacs. He also stated it should be clear that 62"a Street would not be a through street. Mr. Francis also spoke of environmental concerns and said he wasn't sure the city had gone far enough to maximize the economic value of the land in development as a way of minimizing the loss of natural resources. He also stated that if the water flow indicated in the AUAR has been changed, and estimate of the Long Lake water level should be provided. Mr. Zoller noted the city Planning Commission had been working with developers for two and one-half years. The tree issue has been a part of the discussions and compromises made during the entire process, and he said it has taken a lot of work on the part of the Planning Commission to get to this point. Mr. Johnson said after attending the Jan. 26 Planning Commission hearing, he was sympathetic to the developers in their request for flexibility. Mr. Johnson also called for clearly stating that 62"a Street would not be a through street and for closing the street to through traffic prior to the start of development. Mr. Herbst pointed out the developers have taken input from city staff and Planning Commission for two and one-half years and have shaped and reshaped the developments in order to address concerns. Each point is critical now, he said, especially setbacks. Mr. Tompkins suggested the forest is important because of its size not its quality. Mr. Putnam also talked of the history of compromise, with the developers providing pathways and parks, giving up the island and riparian rights. Mr. Putnam also asked for the Joint Board support regarding the access from County Road 12 at the one-eighth mile point from the Highway 15/12 intersection. Mr. Kimble, seconded by Mr. Francis, moved to continue action on the zoning amendments/planned unit development s/subdivi si on until after or during the Feb. 3 City Council meeting. Motion passed unanimously. Other items: Follow up report on the Palmer property - Mr. Magnuson said he had reviewed the right-of-way easement with Mr. Scott and determined the right-of-way commitment does meet the adjacency requirement. Based on Mr. Magnuson and Mr. Scott's review of the adjacency issue, it is their opinion that the issue will not impact the annexation phasing for the Palmer property. The Board directed Mr. Magnuson to meet with property owners and draft the necessary documents to allow annexation of the Palmer property according to the phasing provisions of the Orderly Annexation Agreement. The draft documents will be brought back for review by the Joint Board. Update on Neal Meadows neighborhood meeting - Jim Peterson updated the Board on a meeting held with neighbors to explain plans, costs, and methods for the neighbors to be involved in the Neal Meadows Project. The Board receivecDWkVq'0We and took no action. Update on utility construction - Mr. Eckles briefed the Board on progress of the utility extension planning. Maps were shown indicating the sanitary sewer line location. The Board asked about the scheduling of the project and availability of services for the Rutherford School The meeting was adjourned at 11:45 p.m. Respectfully submitted, Sharon Baker Recording secretary