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HomeMy WebLinkAbout02-26-2007 Council Minutesr (A 1� u ORONO CITY C Monday, FE 7:00 o ROLL ES OF THE OUNCIL MEETING bruary 26, 2007 clock p.m. The City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:02 p:in., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Item Nos. 9, 10, 12, 13, and 14 were added to the Consent Agenda. Item No. 4 was removed from the Consent Agenda. !I Bremer moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. • RECOGNITION i 2. POLICE OFFICER MARK TOMCZYK — RESOLUTION NO. 5577 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5577, a Resolution recognizing Officer Mark Tomczyk for his 26 years of dedicated service as an Orono Police Officer. VOTE: Ayes 4, Nays 0. t 3. PUBLIC WORKS MAINTENANCE NO. 5578 McMillan moved, White seconded, to adopt Steve Hansen for his 30 years of dedicated s APPROVAL OF MINUTES 4. REGULAR COUNCIL MEETING OF STEVE HANSEN — RESOLUTION ILUTION NO. 5578, a Resolution recognizing to the City of Orono. VOTE: Ayes 4, Nays 0. 12, 2007 McMillan requested the motion under Item #06 -3251, William Dampier, be corrected to read that Jim Murphy seconded the motion. McMillan moved, Bremer seconded, to approve the minutes of the February 12, 2007, City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2007 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS — DICK KROEGER Kroeger stated he had nothing to report but would be available for questions. LMCD UPDATE — ANDREW MCDERMOTT, REPRESENTATIVE McDermott addressed the Council regarding the fundraising efforts currently being undertaken for Save the Lake. McDermott noted the funds raised to date are below last year's. McDermott stated the LMCD used some of the funds raised last year for an automatic camera at a public boat launch to take pictures of unclean boats and then report that fact to the boat owners. That project is going to be expanded to four public access points this year, with an anticipated budget of thirty to forty thousand dollars. McDermott stated once the sign was erected adjacent to the camera reminding the boat owners to check their boats, a large number of them did. A warning letter was sent by the DNR to boat owners who failed to check their boats prior to launching them. McDermott noted at the present time the DNR is not able to assess a fine to any boat owner for carrying a foreign object into the lake. The LMCD has applied for a grant to help offset the costs of this program. White inquired about the chemicals used last year to eradicate milfoil. White stated it was his understanding the granular chemicals worked better than the liquid chemicals. McDermott stated the LMCD currently utilizes three different chemical combinations on the lakes and that the LMCD is only allowed by the DNR to use the liquid chemicals. Overall the milfoil was down last year, which may in part be attributable to the use of the chemicals. McDermott stated this year's budget does not have the money to do additional treatments. McDermott stated the LMCD will be receiving the final study on the milfoil this spring and that they would be looking at their options for continuing to clean the lake. McDennott stated the good vegetation in the lakes has been able to re- establish itself following the treatment. McDermott reported the LMCD has decided not to participate in this year's Future of the Lake event in Excelsior Park due, in part, to a lack of funds. The LMCD is also in the process of reviewing their codes for multiple dock sites and will be looking at incorporating codes that are more environmentally sensitive and deal with items such as water quality, sediment, clarity, nutrients in the water, and slow zones. Murphy asked what other options the LMCD is looking at besides amending their codes. McDermott stated the LMCD is also considering a moratorium for multiple dock licenses. Murphy noted the Minnetonka Watershed District is in the process of expanding their focus to.encompass more of the environmental issues as well. PAGE 2 "l vi • • r 'a • • ORONO CITY 4 Monday, F 7 :00 c PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *5. #06 -3231 WILLIAM DAMPIER, 3550 NO. 5579 OF THE INCH, MEETING Lary 26, 2007 ck p.m. PLACE — VARIANCE — RESOLUTION Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5579, a Resolution granting variances and amending the hardcover variance and site plan approved in Resolution No. 4487 for the property located at 3550 Ivy Place. VOTE: 'Ayes 4, Nays 0. *6. #07 -3260 ROGER O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD — VARIANCE — RESOLUTION NO. 5580 !� Bremer moved, Murphy seconded, to adopt variance for the property located at 1265 Bi *7. #07 -3263 "CONCEPT LANDSCAPING CUP — RESOLUTION NO. 5581 Bremer moved, Murphy seconded, to adopt Conditional Use Permit and a hardcover va VOTE: Ayes 4, Nays 0. - *8. MYRLEWOOD COMPREHENSIVE RESOLUTION NO.5582 ,UTION NO. 5580, a Resolution granting a Point Road. VOTE: Ayes 4, Nays 0. MITCH OLSON, 3275 CARMAN ROAD — ;OLUTION NO. 5581, a Resolution granting a .e for the property located at 3275 Carman Road. AMENDMENT EXTENSION — Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5582, a Resolution requesting a six -month extension of the Metropolitan Council I review period for the Myrtlewood Comprehensive Plan Amendment. VOTE: Ayes 4, Nays 0. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2007 7:00 o'clock p.m. • b k� MAYOR/COUNCIL REPORT Murphy expressed a concern regarding the progress of the City as it relates generally to the environment and the ecology. Murphy suggested a volunteer task force be created to look at what steps the City is currently taking to address environmental issues and to identify what steps the City should consider implementing in the future. White requested that item be added to the next City Council work session agenda. White inquired what progress has been made on the docking of the Lake Minnehaha and whether a permit is necessary to dock at Big Island. Murphy stated it is their desire to recreate the docking of the Lake Minnehaha on a regular basis at Big Island and that the first step would be to build the dock. White stated because it is a public dock longer than 100 feet, it probably would be necessary to go to the LMCD to obtain a permit. Murphy stated it is unlikely the dock would be constructed this year and that they are in the process of obtaining a license for the boat. • McMillan noted an organics meeting has been scheduled for Thursday, March I" at 1:00 p.m. McMillan stated they have not heard back from all the local haulers on whether they can accommodate the recycling of organic materials. CITY ENGINEER'S REPORT *9. SCHEDULE'ASSESSMENT HEARING FOR FARVIEW SEWER PROJECT — RESOLUTION NOS. 5583 and 5584 Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5583, a Resolution scheduling an assessment hearing for the Farview Neighborhood Sanitary Sewer Project for 7:05 p.m., on Monday, March 26, 2007. VOTE: Ayes 4, Nays 0. Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5584, a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Farview Neighborhood Sanitary Sewer Project. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *10. ARCHITECT PROPOSAL FOR CITY FACILITIES PROJECTS Bremer moved, Murphy seconded, to approve the proposal from Bonestroo and Associates for • architectural services as outlined in their February 9, 2007, letter to City Administrator Ron Moorse. VOTE: Ayes 4, Nays 0. PAGE 4 MINUTES OF THE ` ORONO CITY COUNCIL MEETING • _ Monday, February 26, 2007 7:00 o? clock p.m. • 11. METROPOLITAN AREA SALES TAX FOR TRANSPORTATION AND TRANSIT Murphy stated the City of Orono has not had very much time to review any information relating to this item and noted that a resolution regarding transportation funding was only received today by the City from the League of Minnesota Cities. McMillan stated she is in agreement with Council Member Murphy. White noted the mayors of the local cities have be( conference in support of the half -cent sales tax ina user fee rather than a sales tax. White commented some other options that should be considered. asked by the AMM to participate in a press ise. White stated in his opinion he would prefer a e League of Minnesota Cities has also proposed McMillan stated the League of Minnesota Cities isEoposing to create a street utility fund to allow cities to set aside funds for road repairs. Murphy moved, Bremer seconded, to table anylaction on the metropolitan area sales tax for transportation and transit. VOTE: Ayes 4, Nays 0. *12. UTILITY BILLING/PAYROLL CLERK PART -TEAE SCHEDULE Bremer moved, Murphy seconded, to approve changing the Utility Billing/Payroll Clerk from a full -time position to a regular part -time position, with a schedule of 32 hours per week. VOTE: Ayes 4, Nays 0. *13. LIQUIDATION OF FORFEITED Bremer moved, Murphy seconded, to approve the sale of a 1998 Ford F -150 pickup through the Minneapolis Auto Auction. VOTE: Ayes 4, Nays 0. d CITY ATTORNEY'S REPORT City Attorney Brokl had nothing to report. *14. LICENSES SPECIAL EVENT 1. Applicant: Hickory Fine Homes /Steve Bc Event: 2007 Spring Parade of Homes Location: 300 Stubbs Bay Road Date: February 10 —March 18, 2007 Time: Noon — 6:00 p.m., Thursdays - Bremer moved, Murphy seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. PAGE 5 MINUTES OF THE _ ORONO CITY COUNCIL MEETING Monday, February 26, 2007 7:00 o'clock p.m. • 15. LICENSES KENNEL — RUNKLE Moorse stated his February 23, 2007 memorandum covers the City's standards for dog kennels and provides the City's background history regarding the Runkles, the inspection of the kennels, and the complaints'received. Runkle addressed the City Council regarding his request for a dog kennel license. Runkle stated they have lived on Casco Point Road in the City of Orono for the past 26 years and have had a kennel license for the past seven years. The property consists of two plus acres and the kennel is located in an optimum location designed to have the least impact on the neighbors. Runkle stated all of the dogs sleep indoors year- round, are walked on a leash, and excessive barking is not allowed while they are on a leash. The dogs are not allowed to be unsupervised and the kennels are clean and well maintained as evidenced by the city inspections. Runkle stated they do pick up all of their dog droppings as well as dog droppings that are not from their dogs. Runkle stated they are not running a commercial operation. Last summer they had one litter of pups born at the property to date and that three of the dogs have been placed in show homes. Runkle stated they do show their dogs routinely at dog shows and that currently they have seven dogs. • Runkle noted 37 Casco Point neighbors had signed a petition in the fall of 2006 supporting the kennel license renewal. Runkle stated they were fortunate enough to have owned a championship show dog that has since died, and that they had used him as their stud dog. Mrs. Runkle commented she does not let her dogs run loose on the vacant lot. Runkle stated they have been in the sport of showing their dogs for a number of years and that they are attempting to breed another championship dog. Runkle stated the dogs are also used for other things, such as Helping Paws, in addition to being show dogs. White inquired whether it is the Runkle's intention to increase the number of dogs on the property at some point in the future. Runkle stated he does not intend to increase the number of dogs and that it is basically one neighbor who has an issue with the dogs. Mrs. Runkle stated their dogs do bark on occasion but that they are not allowed to bark excessively. In addition, they have attempted to allow only one dog outside at a time in an effort to reduce any possible noise made by the dogs. Runkle stated that neighbor has commented that kennels do not belong in upscale Orono. • PAGE 6 MEN UT ORONO CITY C • Monday, Fe 7:00 o' • (Kennel License — Runkle, Continued) White stated the City has received complaints proximity to the Runkles. Bill Miller, 2691 Casco Point Road, stated he res not have a problem with the dogs. Miller comme attempt to hear the dogs barking and that there is dogs barking for an excessive period of time. M: than an occasional bark in the 15 years he has.re; neighbor and not with the entire neighborhood. OF THE INCIL MEETING iary 26, 2007 ck p.m. the dogs barking from three neighbors in fairly close s across the street from the Runkles and that he does d the police have parked outside the Runkles in an reference in their report that they have heard the stated he has not heard the Runkles' dogs bark more d there and that this is mainly a problem with one White stated it is standard procedure for police departments to attempt to verify dog barking whenever they receive a complaint. White stated in his opir, ion the barking appears to be an unsubstantiated complaint. I Linda Buesing, 2700 Casco Point Road, stated sh( dogs are now kept indoors. Buesing stated she do when the dogs were outdoors, she would only hea neighbor who owned two schnauzers that were all Runkles' dogs would bark at them whenever they Runkles' dogs are always on a leash when they ar Dan Buesing, 2700 Casco Point Road, echoed his Alan Greene, 2645 Casco Point, stated he has re; Greene stated the neighbors are very friendly in fine with one another. Green stated the dogs are missed if they were gone. Greene requested the Marti Lynn, 3750 Casco Avenue, stated one of the plane and that all the dogs in the neighborhood bar complained about is a vacant lot and that a lot of tl there are a number of other items, such as leaf bloN noise, and that the barking is not a big deal. Jim Fry, 2659 Casco Point, stated he has resided it Runkles' dogs do not bark excessively. Fry stated outside of the norm. Fry requested the City Counc Dorothy Erwin, 2715 Casco Point Road, stated Zas never had a problem with the dogs and that the spend a large amount of time outdoors and that even an occasional bark. Buesing stated there was a wed to run around the neighborhood and that the Could run past their kennel. Buesing stated the being walked. 's comments. i on Casco Point for approximately 25 years. area and the majority of the neighbors get along just t of the character of Casco Point and they would be Council approve the Runkles' kennel license. ssues she has is that one of the neighbors has a kite at the kite plane. Lynn stated the lot that was neighbors walk their dogs in that area. Lynn stated ers and chain saws, which make a large amount of this neighborhood for the past three years and that the n his opinion the dogs are not a nuisance and is not 1 grant the kennel license. econds the comments already made. • Donna Lile, 2765 Ethel Avenue, pointed out the complainants do not reside on their property year -round and that she is in support of the kennel license. 11 PAGE 7 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2007 • 7:00 o'clock p.m. (Kennel License — Runkle, Continued) Carol Hedblom, 2601 Casco Point Road, stated she can attest to the fact that she has witnessed the Runkles walking the dogs on a leash and that the dogs are well - mannered. Hedblom commented that her dog has probably barked more than the Runkles' dogs. Joan Marquardt, 2617 Casco Point Road, stated she personally does not like dogs but that the Runkles' dogs have not been a nuisance. Julianne Scherven, 2649 Casco Point Road, stated she has resided in this area for approximately 22 years and that her dog also barked more than what the Runkles' dogs do. Scherven requested the City Council approve the kennel license. Steve Peterson, 2745 Casco Point Road, stated he has resided in this area for 22 years and that the Runkles are model dog owners. Peterson stated he would fully recommend the renewal of their dog kennel license. Runkle stated the issue may be that the neighbor who has complained just does not like them and that they have taken steps to try to minimize any noise made by the dogs. White inquired what steps the Runkles have taken. • q P Runkle stated they no longer have all the dogs out at the same time and that they basically try to schedule kennel time for each particular dog one at a time and that he stays in the house more often to monitor the dogs. McMillan inquired whether the dogs should be outdoors more often. Runkle stated the dogs would prefer to be outdoors during the day and that the cold weather helps to make the dogs' coats grow longer. Runkle stated he has always kept the dogs inside at nighttime. McMillan inquired whether the yard is fenced. Runkle stated the yard is not fenced and that the dogs are exercised on leash. Mrs. Runkle stated they also have 6 by 12 runs for the dogs. Runkle stated they also take their dogs to the dog park in Minnetrista. Murphy noted he met the Runkles' dogs last week and that it is obvious the dogs are very well cared for and loved. Murphy stated he understands that dogs bark occasionally but that this is an issue the City Council should discuss. Murphy noted the City's code says it is unlawful for any person to own, harbor, keep or house three or more dogs or five or more cats who are over six months of age on any one property without a valid residential or commercial kennel license. It is unlawful for any person to is PAGE 8 t MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2007 • 7:00 o'clock p.m. (Kennel License — Runkle, Continued) operate any kennel for business or commercial puzposes, including sale, boarding, breeding, grooming, training or medical care without a valid commercial kennel license. Murphy stated in his opinion the Runkles are not in the commercial business of raising and selling dogs but that this may require a commercial kennel license, which is not allowed in a residential area. Murphy stated it appears the Runkles are boarding, breeding, and grooming the dogs on the property but are not selling them. ;I White noted a residential kennel license is McMillan stated a commercial kennel license is re Mrs. Runkle stated there are other people within for one to two dogs. when there are more than three dogs. City who have more than two dogs. City Attorney Brokl stated there is a separate section in the City's Code, Section 62 -183, Residential Kennel License Standards and Requirements, which states that a kennel license can be issued in a residential area for two or more animals. Brokl stated a commercial kennel license would deal more with • the keeping and boarding of other people's dogs and that a residential kennel license would apply more in this case since the clogs are all owned by the same person. Murphy inquired whether a commercial kennel license would then be for the boarding of someone else's dogs. 1I Brokl stated that is part of it, and that the language ;for a commercial kennel license also says, containing kennel structures, enclosed buildings sufficient to operate the business, whereas the residential license says that it should not adversely affect neighboring', persons or property. Brokl stated the nature of the kennel is more residential or rural in nature in this situation. McMillan stated the last sentence states, nothing in! this chapter shall preclude the breeding of licensed dogs kept at a residential kennel or the sale of offspring, the occasional sale of licensed dogs or private grooming or training. Murphy stated he has a concern that a °complaint letter to the City is not allowed to be made public and that the people who are being complained about are at a disadvantage: Murphy stated it appears the people who have complained are not in attendance at tonight's meeting. Bremer noted she also resides on Casco Point and that she currently owns two dogs. Bremer stated one of the reasons she did relocate is because her previous neighbor did not like dogs. Bremer stated from the complaining neighbor's'perspective, it probably is bothersome, but that she has personally gonepast the Runkles' property numerous times and that she does not see the Runkels as being irresponsible dog • owners. Bremer stated in her mind the win/win situation is a maximum of seven dogs on this property with the current structure. i PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 26, 2007 7:00 o'clock p.m. (Kennel License — Runkle, Continued) Bremer stated she would like to see some type of screening of the kennel and that the Runkels should be able to have the dogs outside. Mr. Runkle stated there are pine trees around the property and that the one adjoining lot is a vacant lot. Runkle stated the present vegetation does help to screen the dogs. Runkle stated they have two kennels that may be encroaching and that they are more than willing to relocate them ten feet off the property line. Bremer stated the setback is 10 feet rather than 30 feet. McMillan stated in reviewing the license history for the past seven years, there have been no major issues. In the 2007 application, there is a request to increase the dogs from five to seven and that it is now indicated the dogs are kept mainly indoors. McMillan expressed a concern regarding the number of dogs and the fact that the dogs will be kept indoors more often. Runkle stated they are attempting to minimize any noise produced by the dogs. McMillan stated based on the prior years' history, there is no reason not to grant the license. Mrs. Runkle stated the big complaint was in June of last year after they had the litter of pups and that they have gone to great lengths to minimize the noise since that time. Runkle stated this is not a retirement community but that this neighbor has complained about other noises in the neighborhood and not just their dogs. Runkle reiterated they have gone to great lengths to minimize the noise in the past seven months. McMillan inquired whether the Runkles feel they are able to handle the extra dogs. Runkle stated they are and that it was not their original intent to increase the number of dogs but after the death of their championship dog, they have been attempting to breed a dog of that caliber. White stated the Runkles have been acting in good faith and are attempting to appease the complainant. White stated he is willing to support the application given the mitigation efforts taken by the Runkles. Murphy expressed a concern having seven dogs in the house but that it is a personal choice by the Runkles. Murphy moved, Bremer seconded, to approve a residential kennel license for the property at 2684 Casco Point Road, subject to the ownership of a maximum of seven adult dogs, and further subject to the kennels meeting all the appropriate setbacks. VOTE: Ayes 4, Nays 0. PAGE 10 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, February 26, 2007 7:00 o'clock p.m. *BILLS Bremer moved, Murphy seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. 1 1 ADJOURNMENT Murphy moved, McMillan second, to adjourn the Orono City Council meeting at 8:49 p.m. VOTE: Ayes 4, Nays 0. There being no further business to discuss, the melting was adjourned at 8:49 p.m. ATTEST: i Linda S. Vee, City Clerk ; James M. White, Mayor PAGE 11