HomeMy WebLinkAbout2000-09-27 Joint Board MN MINUTES OF THE JOINT BOARD
PURSUANT TO THE ORDERLY ANNEXATION AGREEMENT
BETWEEN THE CITY AND TOWN OF STILL WATER
DATED AUGUST 16, 1996
The meeting of the Joint Board was called to order at 7:00 p.m. on Wednesday,
September 27, 2000 in the City Council Chambers of City Hall in the City of Stillwater,
Minnesota. Present were representatives David Johnson and Ken Laboda from the Town of
Stillwater and Terry Zoller from the City of Stillwater.
1. As the first order of business, the Minutes of the last prior meeting were presented and
read. Zoller moved, seconded by Laboda, that the Minutes be approved, and the motion carried
with unanimous vote.
2. The first public hearing ZAM/00-01, a request from the City of Stillwater Planning
Commission to rezone approximately 12 acres from Zoning District EAP to single family
residential was considered. Information was presented by the City Staff and one of the effected
property owners. Evidence was presented that the property was also restricted by restrictive
covenants placed upon the property by a prior owner that were in conflict with the zoning
ordinance amendment. Upon the advice of City Staff, the Board considered the matter of
protective covenants being a matter between private owners and that the rezoning of the property
was consistent with good urban planning. The Board also thought it reasonable that this area
was a former area of the Town and that it was brought into the City by annexation in the first
phase of the Orderly Annexation Agreement, and the area had not petitioned for annexation and
was brought into the City against the wishes of the property owners. Now, however, the
property owners decided to take advantage of the availability of municipal utilities and to
urbanize within the best interests of the City as well as the property owners since it would
provide additional hook-up charges that would allow the City to retire indebtedness associated
with the extension of utilities. A motion was made by Zoller, seconded by Laboda, to
recommend approval of the rezoning. The motion passed unanimously.
3. Second Public Hearing SUB/00-52. The hearing was called to order by Chairman
Johnson, and evidence was presented by City Staff and the affected property owner. The owner
desired subdivision of the existing lot to 2 lots, subject to the property being rezoned. The
property owner also was cognicent of the underlying restrictive covenants on the property and
realized that the restrictive covenants were a private burden and obstacle that the property owner
must face before the property could be subdivided. A motion was made by Laboda, seconded by
Zoller, to recommend approval of the subdivision. The motion passed unanimously.
4. Third Public Hearing ZAT/00-5. A public hearing was called to order by the
Chairman, and testimony was presented by Mark Putman representing Contractors Property
Development Company. Mr. Putman presented evidence that the Comprehensive Plan and prior
planning of the area envisioned that corner lots could be used as 2-family parcels and that the
lots had actually been platted at a larger size as was required in the district. Putman presented
renderings of proposed single-family dwellings for these lots and requested that the zoning
district be amended to allow single-family dwellings on corner lots. A motion was made by
Zoller, seconded by Laboda, to approve the requested zoning ordinance amendment. Mayor
Kimble, having joined the Board from a prior engagement, listened to the testimony and took
part in the vote. The motion was passed by unanimous vote, 4 to 0.
5. Boutwell Public Works Study. Representatives of SALA appeared and presented
plans for the Public Works site on Boutwell Road. Chairman Johnson expressed the Town's
interest in more active park opportunities on the site, including active ballfields that could be
used for practice. Township representatives, however, did not want lights on the property, and
City representatives agreed that additional thought must be given to more active recreational
opportunities on the site.
6. Greenway Study. Kathy Widin, City Forester, presented her inventory of the
greenways on County Road 15 and Highway 96. Slides were shown showing existing buffers,
and plans were discussed for enhancing the existing visitation along the corridors with
shrubbery, native plantings and appropriate trees. All representatives were enthusiastic in their
support of enhancing the greenways and encouraged the City to continue their study and
recommendations.
7. Annexation requests. Requests were presented by the Community Development
Director recommending annexation of Boutwell Road, the City frisbee park area and the
Minnesota Zephyr railroad tracks. The Joint Board expressed approval of the frisbee park area
and the Boutwell Road area; however,they expressed reservations with regard to the annexation
of the Zephyr tracks. It was determined after a review of the Orderly Annexation Agreement
that before the Zephyr tracks would be annexed, it would be necessary to adopt a zone for the
tracks that would allow tracks to be permitted by conditional use permit so as to give the Joint
Board an opportunity to review impacts of the train on a continuing basis. The ordinance change
would also be necessary for annexation since the Orderly Annexation Agreement provided that
any nonresidential or agricultural use must relinquish any nonconforming rights before being
brought into the City as an AP zone. The City Attorney, Township Attorney, and Community
Development Director were directed to work with the Zephyr to arrive at a proposed zoning
designation that would allow for the Zephyr to be permitted by conditional use permit.
The meeting was adjourned at approximately 9:30 p.m.