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HomeMy WebLinkAbout2007-03-28 Joint Board MIN1 Stillwater City and Town Joint Board March 28, 2007 Present: David Johnson and Linda Countryman, Stillwater Township Ken Harycki and Wally Milbrandt, City of Stillwater Staff present: Stillwater Community Development Director Bill Turnblad and Stillwater City Attorney David Magnuson Chair Johnson called the meeting to order at 7 p.m. Approval of minutes: Mr. Milbrandt, seconded by Ms. Countryman, moved approval of the minutes of Feb. 28, 2007. Motion passed unanimously. Case No. 07-09 A preliminary Planned Unit Development for a 50-lot development on 25.28 acres at 12525 75th St. N. and 12620 and 12550 72nd St. N.; a preliminary plat creating 50 single-family lots; and zoning map amendment to rezone the property from AP to TR, Traditional Residential, and LR, Lakeshore Residential; and any variances related thereto. Ed Dulach, Elite Development, applicant. Mr. Turnblad reviewed the request. He stated that since the last meeting, the DNR has completed its review of the proposal and indicated that if the Jackson Wildlife Management Area is incorporated into this plat, the DNR will approve the proposal. Without the JWMA, there is not enough open space for DNR approval, he stated. Mr. Turnblad said the City’s Park and Recreation Board had reviewed the plan and recommended approval with the recommendation that the developer provide cash in lieu of park land dedication and the condition that one-half of the $100,000 in cash in lieu of land be credited toward the purchase of the Jackson Wildlife Management Area and the developer be responsible for the cost of acquiring the parcel over and above the $50,000. Mr. Milbrandt questioned the benefit of acquiring the area. Mr. Turnblad explained that from the Park Board and staff’s point of view, the City’s only benefit would be the ability to connect trails from 72nd out to Country Road 12. Mr. Turnblad pointed out the enabling legislation for the sale of the Jackson area includes language that would allow construction of a connecting trail. Mr. Milbrandt questioned whether the enabling legislation would override the authority of the Watershed District in the issue of allowing a trail. Attorney Magnuson explained that the legislation would take precedence. Mr. Johnson agreed that unless there is some community advantage to acquiring the Jackson area, there is little benefit as the area already is open space and will remain open space. Mr. Milbrandt stated he would like to have an assurance of the language in the legislation regarding the right to construct t he tail and buffer waiver. Mr. Harycki asked if Brown’s Creek Watershed District is aware of the situation; Mr. Turnblad responded that the Watershed District is aware of the situation and would like to obtain the Jackson WMA but does not have the financial ability to do so. Mr. Milbrandt asked about the trail along 72nd Street, given that the two current property owners would retain ownership of the parcels which extend to the lakeshore. Mr. Turnblad explained the property owners would provide a permanent, written easement for the trail. Ed Dulach, Elite Development, stated in addition to the permanent trail easement, there are negotiations to obtain a small parcel by the Long Lake weir structure for dedication to the City; that parcel would provide public lake access and allow access for maintenance of the weir. Mr. Turnblad noted the Joint Board’s function is review and comment on the preliminary PUD and preliminary plat; the Joint Board must approve the requested rezoning. Mr. Johnson suggested that if the Board does approve the rezoning, it be made contingent on other issues of 2 Stillwater City and Town Joint Board March 28, 2007 concern to the City. Mr. Turnblad noted that the recommended conditions of approval include a condition that rezoning will not become effective until final plat and final PUD approvals are granted by the City. Mr. Milbrandt said he was still concerned about the pending legislation and the specific language of the legislation. Mr. Harycki said he would like an additional conditio n that the legislation passes and there is an assurance from Brown’s Creek Watershed District that the trail will be allowed. Mr. Milbrandt moved to approve rezoning of the property from AP to RA and LR as requested and conditioned, with the additional condition that approvals are contingent on successful passage of the enabling legislation and agreement with Brown’s Creek Watershed District that the City can place the connecting trail as envisioned by the City or the property shall revert to the AP zoning. Ms. Countryman questioned the rezoning, noting that according to the agenda information, the request is for rezoning to TR, traditional residential, rather than RA. Mr. Milbrandt amended his motion for approval of the rezoning to TR and LR, as conditioned; Ms. Countryman seconded the motion. Ms. Country expressed support for the project with the potential for important trail connections. Motion passed unanimously. Case No. 07-11 Annexation request for the property at 8080 Neal Ave. N. Stephen and Barbara Kochendorfer, applicants. Mr. Turnblad explained the request is the result of the Kochendorfer’s failed septic system and the desire to hookup to available City water and sewer. He stated at the present time there are no plans for subdivision of the property, just the desire to take care of the failed septic system. Approval is recommended, he stated. Mr. Harycki asked if there was a condition that the applicants could not petition for future subdivision. Attorney Magnuson noted that all the parcels in the area have been ghost platted to allow for three more houses. Mr. Milbrandt said there was discussion at the Council level regarding that issue. Mr. Johnson suggested that condition would not be fair play considering others who have done the same thing; Mr. Johnson suggested that if the City agrees to annexation, it also agrees to at least consider any future request for subdivision. Mr. Milbrandt moved to approve the annexation request, without any condition regarding subdivision. Mr. Harycki seconded the motion; motion passed unanimously. Case No. 07-15 A request to rezone the property at 8262 and 8270 Neal Ave N. from AP, Agricultural Preservation, to RA, Single Family. City of Stillwater, applicant. Mr. Turnblad explained this parcel has already been annexed. As part of the acquisition of the Munkelwicz park property, two lots were created, one with the original homestead and one vacant lot. The City subsequently sold the lots. The lots were sold as buildable parcels; however, the City never rezoned the parcels. The lots currently are zoned AP, and as such are not buildable because they are too small. The request is a housekeeping measure, he explained. Mr. Milbrandt asked whether a traditional home could be built on the vacant lot without the need for variances. Mr. Turnblad responded that a reasonable sized house could be built without the need for any variances. Mr. Harycki moved to rezone the property from AP to RA as requested. Ms. Countryman seconded the motion; motion passed unanimously. OTHER BUSINESS Comprehensive Plan steering committee – Mr. Turnblad explained that the City has just begun its Comprehensive Plan process. As part of the process, two steering committees are being 3 Stillwater City and Town Joint Board March 28, 2007 formed, one for the downtown plan and one for the general plan. The committee membership would include about 50 percent interest members of the general public and 50 percent appointed and elected City officials/commission members. The request is that one Joint Board member serve as a representative on the general plan steering committee, Mr. Turnblad said. He suggested that since this is an opportunity for Township input, the Joint Board representative be from the Township. Mr. Johnson said the Township welcomes the opportunity to be part of the process, but suggested that the two Township members of the Joint Board share the representation to the steering committee. Mr. Milbrandt, seconded by Mr. Harycki, moved to have Mr. Johnson and Ms. Countryman serve as co-appointees to the general plan steering committee, with both included in all correspondence. Motion passed unanimously. Building permit report – Mr. Turnblad stated he did not have the written report available for distribution at this meeting. However, he noted that the numbers are down somewhat and building activity is no where near the yearly limit, so there is a reserve in the number of allowable permits. There was a question about a proposal from St. Croix Academy. Mr. Milbrandt and Mr. Harycki explained that issue would be coming back before the Council in the very near future. Mr. Johnson said from the Township’s perspective, based on preliminary information, the Town Board doesn’t feel there will necessarily be a problem, but there are some things, such as proximity to lakeshore, that will need to be addressed. He said one of the Town Board’s initial concerns is with the lack of active recreational space on the site. Ms. Countryman also referred to possible traffic issues with Neal Avenue. Attorney Magnuson said Academy people are being asked to do transportation engineering studies as part of the process. Mr. Milbrandt referred to the possibility of some type of community center and potential location in Bayport, suggesting the Academy might want to consider a possible “marriage” with that facility in selecting a site. David Johnson asked if the City was aware of a possible offer by Orville Johnson and his wife to donate some property to some public entity, with the condition that the land is held as open space. There was a brief discussion of the potential gift. Meeting was adjourned at 8:15 p.m. Respectfully submitted, Sharon Baker Recording Secretary