HomeMy WebLinkAbout10-08-2012 Council Packet PUBLIC ATTENDANCE
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V:1�LEGAL FORMS)\(FORMS�\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, October 8, 2012, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
Approval of Agenda
1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to
be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent
Agenda are reviewed in total by the City Council and may be approved through one motion with no further
discussion by the Council. Any item may be removed by any Council Member, staff member or person from
the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state
the item number and description of the item. Memos regarding each of the Agenda items are available in the
Public Packet - located in the lobby near the sign in sheet.
Approval of Minutes
* 2. Council Work Session of September 24, 2012
* 3. Regular Council Meeting of September 24, 2012
Presentation
4. Hennepin County Update from District 6 Commissioner Jan Callison
LMCD Report – Andrew McDermott, Representative
Planning Commission Comments – Jon Schwingler, Representative
Public Comments – (Limit 5 Minutes Per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or
take action on items presented at this time. However, the council may refer issues to staff for follow up or
consideration at a future meeting. Speakers should state their name and home address at the podium before speaking.
Planning Department Report
* 5. 12-3562 Arthur J. Nelson Estate, 400 Willow Drive South – Plat of Willow Hill – 1st
Amendment to Development Contract and Road Easements/Covenants
* 6. 12-3572 Matthew Fritz, 4055 Elm Street – Variances – Resolution
* 7. 12-3574 Dale Gustafson with Gustafson Design, Inc. on behalf of Chris Patnode, 1430 Cherry
Place – Conditional Use Permit and Variance – Resolution
8. 12-3575 Scott and Melissa Musgjerd, 4156 Highwood Road – Variances
9. 12-3577 City of Orono – Amend Zoning Code Section 78-72, Lots of Record – Ordinance
Public Works Director/City Engineer’s Report
10. Pay Request No. 3 – Orono Orchard Road Reconstruction Project
11. Pay Request No. 3 – Carman Bay Shoreline Restoration Project
12. Pay Request No. 1 – 2012 Orono Street Maintenance Project
Mayor/Council Report
Agenda for Council Meeting Set for Monday, October 8, 2012, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email
Notifications
City Administrator's Report
13. Police Department Security Upgrades
14. Approval of Architectural Services
15. Liquidation of Forfeited Vehicle
16. Establish Date and Time for Canvassing Board Meeting
17. City Clerk Retirement – Authorize Recruitment Process
City Attorney's Report
* 18. Licenses & Permits
* 19. Bills
Adjournment
Upcoming Issues and Events
2012
10/08 – Ribbon Cutting Ceremony for Playground Equipment at Crystal Bay Park, Monday, 6:00 p.m.
10/08 – Council Meeting, Monday, 7:00 p.m.
10/15 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot)
10/22 – Council Work Session, Monday, 5:30 p.m.
10/22 – Council Meeting, Monday, 7:00 p.m.
10/12-11-10 – Leaf and Grass Disposal, Mondays-Saturdays, 9:00 a.m. - 3:00 p.m.
11/03 – City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m.
11/05 – Absentee Voting at City Hall until 5:00 p.m., Monday
11/06 – GENERAL ELECTION, Tuesday, 7:00 a.m. - 8:00 p.m.
11/07 – Planning Commission Work Session, Wednesday, 5:30 p.m.
11/12 – HOLIDAY, Observance of Veterans Day, Monday
11/13 – Council Meeting, Tuesday, 7:00 p.m.
11/19 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Aaron Printup)
11/22 – HOLIDAY, Observance of Thanksgiving Day
11/23 – HOLIDAY, Observance of Thanksgiving Day
11/26 – Council Work Session, Monday, 5:30 p.m.
11/26 – Council Meeting, Monday, 7:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, September 24, 2012
5:30 p.m.
Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot and Aaron Printup;
representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Police
Chief Correy Farniok, Assistant City Administrator for Long Term Strategy Mike Gaffron,
Planning and Zoning Coordinator Melanie Curtis, and City Clerk Lin Vee
Finance Director Olson reviewed the history of the flexible benefit plan available to employees, including
insurance waivers. Council and staff will continue to review health insurance options and benefits to
employees.
Council discussed the Deputy Chief and Administrative Assistant positions which are proposed to be
added to the Police Department staff as a result of the Police Service Agreement with the City of Mound.
Police Chief Farniok provided background information on recent incidents that have occurred in the
police parking area causing security concerns. Council discussed options to improve building and vehicle
security and employee safety. Council directed Chief Farniok to provide additional information for
security improvements to Council at their next meeting.
Assistant City Administrator Gaffron explained the request regarding use of the Miller property north of
the first station on Willow Drive. At this time, Council has not determined a direction for future
development of the property.
Assistant City Administrator Gaffron provided a copy of a draft letter to Jim Grube, Hennepin County
Transportation Department, regarding Navarre safety concerns for Council discussion.
In response to the temporary sign regulation information provided by Planning and Zoning Coordinator
Melanie Curtis, Council directed staff to report back to Council with potential code amendments to
address aesthetic concerns identified by Council.
There were no comments regarding Information Update items.
The meeting closed at 6:54 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 10/08/2012
Approval of Council Work Session Minutes 09/24/2012
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 1 of 12
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Cynthia Bremer, Doug Franchot, and Aaron Printup. Representing
Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant
City Administrator of Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie
Curtis, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick, and Recorder
Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 5 through 8 and 10 through 13 were added to the Consent Agenda.
Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council Meeting of
September 10, 2012, as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS - LOREN SCHOENZEIT, REPRESENTATIVE
Schoenzeit stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
Rachelle Brady, 420 Deborah Drive, stated after complying with the regulations to upgrade her septic
system in order to build a swimming pool, her application was denied due to a wetland issue. The
wetland is very small in comparison to the overall property. Brady indicated she was originally told that
the wetland was not an issue and then it became an issue approximately two weeks prior to construction
of the swimming pool.
Brady stated she is requesting the City Council waive the requirements for the wetland buffer. The
property consists of 5 acres and the wetland buffer is located 400 feet from the pool. The pool would
have no impact on the wetland area. The wetland area has been mowed for the past 20 years and has been
consistently dry. Brady indicated she would be willing to leave the native grass in that area grow if that is
what the City Council determines is appropriate.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 1 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 2 of 12
(PUBLIC COMMENTS, Continued)
Brady stated her issue was that she was required to draft a new plan once the wetland became an issue and
then needed to appear before the City Council and the Watershed District. Brady indicated approval of
her swimming pool has now been pushed back almost a year. Two wetland specialists have looked at the
property and initially determined that a wetland buffer is not necessary.
Brady indicated her surveyor then received an e-mail from Chris Mattson with the City of Orono stating
that their wetland specialist, Mark Perry, has met with Wayne Jacobson, the delineator, and they have
agreed there is no wetland on the property and to please update the survey. That has been overturned
after Chris spoke again with Mark Perry and others. Chris then indicated she was mistaken and that a
delineation and other things will be required. In addition, Jesse Struve is requesting a wetland delineation
even though he has not visited the property. Brady stated if the City Engineer would visit her property, he
would find that the wetland is not an issue.
Brady stated she would like this to become a win/win situation for both her and the City. A new mound
system is being installed on the property in light of the pool but that if she is going to be denied a pool
due to the wetland issue, she will not be completing the mound system. Brady requested the City Council
waive the wetland requirements and allow her to construct a pool.
Mayor McMillan asked if the City Council has the authority to waive the wetland requirements.
Mattick indicated he is not familiar with the application but that the City Council does have the authority
to waive the requirements following a review of her application.
Brady asked what documentation the City requires.
Mattick stated there is an application form that she would need to fill out requesting the City Council
waive the wetland requirements.
Mayor McMillan encouraged Ms. Brady to work with Staff on this issue. McMillan noted that Ms. Brady
was not aware of the wetland buffer issue until approximately two weeks ago.
Bremer asked whether the wetland buffer signs are located on her property.
Brady indicated they are not and that the wetland delineator placed those on the plan.
Curtis noted the plan is an exhibit that was prepared by the City's wetland specialist to illustrate to the
property owner the location of a possible wetland buffer. The reason for the visit by the City's wetland
specialist was in an attempt to agree on an area of wetland buffer and that a wetland delineation is not
needed.
Mayor McMillan stated it was her understanding that a wetland delineation would be required.
Curtis indicated the pool is far enough away from the wetland that Staff has made a determination that a
wetland delineation would not be needed as long as a wetland buffer area can be determined and agreed
upon mutually. Curtis stated she did leave a message for Mr. Perry earlier today but that she has not
heard back from him at this point. Mr. Perry has indicated previously that some buffer vegetation
improvements would need to be made to the area and that the existing grass is not sufficient.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 2 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 3 of 12
(PUBLIC COMMENTS, Continued)
Brady stated she was informed by Ms. Curtis that the existing vegetation was turf grass.
Curtis indicated she mistakenly typed the words turf grass in an e-mail to Ms. Brady but that she has
explained to Ms. Brady on a couple of occasions that it is not turf grass but not acceptable for a buffer.
Brady stated in her opinion the existing native grass should be fine.
Mayor McMillan asked if Ms. Brady is willing to work with Staff on this issue.
Brady indicated she would like to see if she can put the pool in without a buffer.
Bremer stated it sounds like a wetland delineation will not be required but that there needs to be an area
designated as a wetland buffer and some restoration.
Brady indicated if she has to incur significant expense to restore the buffer area, she does not want to go
ahead with the pool.
Mayor McMillan asked what the fee is to file an appeal.
Curtis indicated it would be $100.
Brady noted there is still an escrow for the plan and vegetation required.
Mayor McMillan encouraged Ms. Brady to work with Staff on this issue.
Loftus indicated she or Mike Gaffron can work with Ms. Brady on this issue.
PLANNING DEPARTMENT REPORT
3. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT -
ORDINANCE NO. 94, THIRD SERIES
Gaffron stated tonight the City Council has before them a nearly final draft of the hardcover ordinance
that was reviewed at the September 10th meeting as well as a summary ordinance for publication in the
local newspapers.
The revisions requested by the City Council related to retaining walls. The intent of the City Council was
to exclude retaining walls from the hardcover calculations, which has been incorporated into the new
ordinance. In addition, in order to further clarify, Staff has included retaining walls within the definition
of hardcover. In order to make a distinction between hardcover and hardcover items that will be excluded
from hardcover calculations, Staff has removed the words "unless otherwise exempted" from the
hardcover definition.
Similarly, Section 78-1684, Standard Hardcover Exclusions has been revised. The word hardcover has
been inserted into the preamble to indicate that the following items not required to be included in
hardcover calculations are still hardcover by definition. In addition, the preamble to Section 78-1684 has
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 3 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 4 of 12
(3. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued)
been revised to read that "landscaping with permeable lining shall not be considered hardcover” and Items
1 through 5 would be considered hardcover but excluded from hardcover calculations.
Gaffron indicated Staff has put together a sheet defining the major changes within the wetland ordinance.
During the process of compiling that sheet, Staff concluded that it would be appropriate to add clarifying
language to the new ordinance regarding the allowance of stairways, lifts, landings, lock boxes and
driveways under certain circumstances within the 0-75 foot zone. The City's past practice has been to not
debit a property's hardcover allowance by the square footage of those allowed items of hardcover in the 0-
75 foot zone. Staff essentially treated them as nonhardcover for calculation purposes but it has never
been codified. Those specific items have been traditionally allowed in the 0-75 foot zone without
variance approval following administrative review.
Staff would like to formalize that practice by adding Item No. 6 under exclusions that would state that
stairways, lifts, landings, lock boxes and driveways, when in compliance with the provisions of Section
78-1282 of this Chapter, would be an exclusion.
Staff recommends approval of the ordinance and summary ordinance.
Mayor McMillan stated she visualized those items as being included in the hardcover calculation since
the 0-75 foot area will now be counted in the overall lot area.
Gaffron stated in his view the City Council would be justified in taking that position. Gaffron
recommended that regardless of which way the City Council elects to go on that item, the practice should
be clarified.
To illustrate the question, Gaffron gave an example of a lakeshore property that is 250 feet deep and 100
feet wide, consisting of 25,000 square feet. It would be allowed 25 percent hardcover or 6,200 square feet
under the new ordinance. The house, the driveway, deck, and everything past the 75-foot line would
count as hardcover and in the example would total 6,200 square feet. In the past, the lakeshore stairs and
lockbox, which amount to an additional 300 square feet, would have been ignored. Gaffron stated if the
City Council elects to include them in the hardcover calculations, the property owner would need to
reduce the size of the house or driveway since they would then be over on their hardcover limit by 300
square feet. Gaffron stated if the exclusion is not added to the ordinance, that 0-75-foot hardcover will be
counted against the 25 percent.
Mayor McMillan agreed that the hardcover calculation should be clarified.
Bremer stated it was her assumption that everything would be counted in the 0-75 foot zone. Bremer
indicated she would be willing to go either way on it.
Printup commented in his view the City should include it as hardcover.
Gaffron stated if the language is left as is, there would be no additional exclusions and the items in the 0-
75 foot zone would be counted as hardcover.
Mayor McMillan asked whether boathouses and sheds would also be included in the hardcover numbers.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 4 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 5 of 12
(3. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued)
Gaffron indicated they would be, but noted that those type of structures are typically not allowed to be
constructed in the 0-75 foot zone.
Bremer noted those items were always included in the calculations.
Mayor McMillan opened the meeting up for public comment.
Dennis Walsh, 1354 Rest Point Circle, noted that there are flat lots and steep lots along the lakeshore and
that lots that require a stairway and/or a landing would then be penalized if they are not excluded.
Mayor McMillan closed the public comment portion of the meeting.
Printup moved, Franchot seconded, to adopt ORDINANCE NO. 94, Third Series, an Ordinance
Amending Regulations Governing the Regulation of Hardcover and Establishing the Stormwater
Quality Overlay District, and adoption of the Summary Ordinance for publication in the local
newspaper. VOTE: Ayes 4, Nays 0.
Mayor McMillan thanked the Hardcover Task Force and Staff for their work on drafting the ordinance.
4. ROOSTERS - POTENTIAL ANIMAL ORDINANCE AMENDMENT
Gaffron stated in response to a small number of ongoing complaints from one or two residents about
incessant crowing of roosters located at a property on Watertown Road, the City Council directed that
Staff and the Planning Commission review the issue of whether the keeping of roosters should be
prohibited within the City. This resulted in a discussion at the August 1 Planning Commission work
session, at which one of the residents affected by the roosters related their concerns and requested that
roosters be banned and chickens be further regulated.
Subsequently, a public hearing on this issue was held at the August 20th Planning Commission meeting.
Owners of roosters in the City were not identified nor individually notified. No members of the public
were present to testify at the hearing. The level of public input thus far has been minimal and essentially
one-sided. The Planning Commission voted 7-0 to recommend that regulation of roosters be considered
an animal control issue and not a zoning issue. Further, the Planning Commission encouraged the City
Council to take no further action on the ordinance amendment.
Staff has prepared an amendment of Municipal Code Chapter 62 consisting of a single sentence to be
added to Section 62-9: "No person shall own, harbor, keep or have custody of a rooster on his property."
Staff is not proposing any provision for licensing roosters at this time. It is Staff's opinion that if the
Municipal Code is amended to ban roosters, this would be the most appropriate method and code section
in which to accomplish banning roosters. Establishing a rooster ban in the Animals chapter will avoid
grandfathering of existing roosters. Placing the restriction within the Zoning Code would allow for
grandfathering and open up a variety of issues regarding how to deal with existing roosters.
The recent complaint about roosters crowing incessantly is currently being addressed by the City via
prosecution of the property owner for a noise ordinance violation. If that litigation is successful, it is
possible that the owner will get rid of the roosters voluntarily to avoid future action. If the litigation does
not result in solving the problem and the Council determines there is a need to amend the code, the extent
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 5 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 6 of 12
(4. ROOSTERS - POTENTIAL ANIMAL ORDINANCE AMENDMENT, Continued)
of code revisions could be to merely prohibit the keeping of roosters anywhere in the City. This would be
consistent with the intent of Orono's Rural Residential zoning. In that case, Staff would recommend that
the language of Chapter 62, Section 62-9, Animal Limits, be amended to include language that prohibits
roosters.
Gaffron noted the City's Comprehensive Plan talks about the concept of a rural area that is turning into a
rural residential area and addresses the type of action the City should take in the future. "The City is
growing in population from a rural agricultural community to a rural residential community. Use of the
land for residential purposes is considered primary, with other uses viewed as supporting this use.
Present commercial or industrial activity where consistent with residential use and other guiding
principles will be protected by ordinance or conditional use permit. It is not the intention to expand or
allow all such commercial or industrial activity where it conflicts with the primary residential use and
other guiding principles. The continued use of the land for farming and similar purposes will be protected
by ordinance or conditional use permit where sufficient acreage allows such use to continue without
conflict with expanding residential use."
Gaffron stated one of the charges that the City Council has is to consider whether or not the expansion of
residential use, even the low density rural area, has reached a point where it may be time to look at
whether or not some of these quasi-agricultural uses are impacting residential use.
Pending the outcome of the noise violation litigation, Staff recommends that no further regulation of
chickens or fowl be considered at this time as Staff believes there are no demonstrated issues that cannot
be addressed through enforcement of existing ordinances.
Mayor McMillan concurred that Orono has changed over the years and is becoming more residential,
which could potentially lead to some conflicts.
Mayor McMillan opened the meeting for public comment.
Laura Shatzer, 3685 Watertown Road, thanked the City Council and Staff for addressing their complaints
about the continuous sound of roosters crowing. Shatzer stated she would like to explain her reasons for
why they think the citizens and residents would benefit from prohibiting roosters. A number of other
local cities and towns around Orono, such as Shorewood, Minnetonka, Loretto, Delano, Watertown and
others, have all banned roosters or placed restrictions on them.
Shatzer stated Mr. Gaffron's August 15th report was very thorough and they are in agreement with a
potential amendment prohibiting roosters. Shatzer stated she understands if the Zoning Code or zoning
ordinance is amended, existing roosters would be grandfathered and this would have no affect on
resolving their current problem that they are having with their neighbor's roosters.
Shatzer indicated they have tried for over a year to work out a peaceful resolution with their neighbor to
the roosters crowing. The crowing began in the spring of 2011 and they were very patient and friendly in
their contacts with the neighbor regarding the roosters. Shatzer stated getting along with their neighbors
is very important to them and that they are under the belief that you should consider your neighbors in all
that you do and be respectful of their space and right to quiet enjoyment of their property. All
neighborhoods have periodic sounds, but it is the daily, continuous bombardment of loud, unpleasant
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 6 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 7 of 12
(4. ROOSTERS - POTENTIAL ANIMAL ORDINANCE AMENDMENT, Continued)
sounds that become big nuisances. Roosters can register up to 90 decibels and can be heard over half a
mile away. They also will crow throughout the day. They are not easily managed like a dog can be.
Shatzer stated after being lied to and mislead numerous times, they felt they had run out of options and
decided to ask the City for help. It was difficult to take this step but they felt they had no choice. The
loud crowing would go on all day, often every 20 seconds, and could be heard inside their home with the
windows closed. The crowing happened every day. Shatzer indicated they were also very concerned that
the continuous crowing would lower their property values should they ever have to sell.
After the letter was sent to Mr. Gaffron on June 11th, which the City Council should have received copies
of, they contacted Officer Barnes of the Orono Police Department for help. Another neighbor also
contacted Officer Barnes. The citations the officer wrote and delivered to the rooster owner had no affect
on stopping the rooster noise. The five to ten roosters continued their daily crowing competitions.
Because the neighbor had hens and roosters, more roosters were maturing as the summer went on even
though some were gotten rid of along the way.
Shatzer stated they hope that an amendment made to the Animal Ordinance prohibiting roosters will
provide the City with the ability to stop a situation like this from continuing and snowballing into a costly
and timely legal situation such as this one. Shatzer reiterated that a number of cities and towns have had
to address the noise issue caused by roosters, and many have made the decision to prohibit them. Even
with the rural residential neighborhood they live in consisting of five acre lots, the homes are close
together. Shatzer stated you must consider your neighbors in the choices that you make. Shatzer noted
they live on ten acres and, under the City's current rules, they would be allowed 450 chickens, all of
which could be roosters.
Shatzer thanked the City Council for listening.
Wade Shatzer, 3685 Watertown Road, stated they appreciate the efforts of Staff and the Planning
Commission in making an attempt to find a reasonable solution. Shatzer stated their solution to make an
amendment to the Animal Code will give the City more enforcement powers in dealing with a situation of
this type.
Mayor McMillan closed the public comment portion of the meeting.
Mayor McMillan commented that unfortunately scientists have not been successful at creating a rooster
that does not crow and noted that dogs have bark collars and can be placed indoors if they become noisy.
Printup stated he does not want to see any action taken on this amendment because it should be treated as
a noise violation. Printup stated the City should not change its law based on one unfortunate
circumstance. Printup commented there is a move towards more organics and healthy living and that if
the City prohibits roosters, it could very well lead to other restrictions.
Franchot stated he understands how frustrating this situation is and that if Staff feels it is better to let the
current litigation follow its course before taking action on this item, he would go along with that but
would not be opposed to banning roosters if the rest of the City Council determined that was appropriate.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 7 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 8 of 12
(4. ROOSTERS - POTENTIAL ANIMAL ORDINANCE AMENDMENT, Continued)
Mattick noted he is not familiar with this litigation but that if the City Council is opposed to roosters,
Staff's recommendation would be the best way to deal with the situation. Mattick noted if the City
proceeds under the noise violation regulations, the City is required to prove that a nuisance exists.
Franchot asked if roosters are necessary for chickens to lay eggs.
Gaffron indicated roosters are not required for chickens to produce eggs but they are required to make
baby chicks.
Franchot reiterated he would be in favor of adopting the proposed amendment if the litigation does not
solve the problem.
Mayor McMillan asked what other recourse the neighbors would have to deal with the crowing.
Mattick stated the City needs to demonstrate to the judge and/or jury that the crowing is loud and
obtrusive, which can be done by having a police officer visit the site and observing the situation. Mattick
noted that it can be difficult to prove it is a nuisance and that sometimes it comes down to the time at
which the noise is repeatedly occurring.
Mayor McMillan stated given Staff's memo, she would be okay with following Staff's recommendation of
waiting to see if the situation will be resolved in the court system. McMillan indicated she would be
agreeable to reviewing this situation in a few months to see whether any further action should be taken.
Bremer stated she is also agreeable with waiting, but noted the big difference between crowing roosters
and barking dogs is that the dogs can be placed indoors if they are barking but that the same is not true for
roosters. Bremer indicated she does not know what else can be done to help quiet roosters and that it
appears there are two movements; one that prohibits roosters completely and another that allows roosters
to a limited extent. Bremer stated if the rest of the City Council is interested in banning roosters, she
would also be in favor of banning roosters.
Bremer asked when the litigation is expected to be concluded.
Laura Shatzer stated they have their arraignment in a couple of days.
Mattick noted the arraignment is the first step in the process and that it could be a few months before it
works its way through the court system.
Shatzer stated given the time and expense that the City has gone through already in dealing with this
situation, she would like to see something enacted that would give the City more authority to prevent
similar situations from occurring.
McMillan asked if the situation would be different if there was only one rooster.
Shatzer commented she is unsure of that, and noted that there are between five to ten roosters at any one
time on the property. Currently the neighbor has two or three roosters, which has improved the situation
slightly.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 8 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 9 of 12
(4. ROOSTERS - POTENTIAL ANIMAL ORDINANCE AMENDMENT, Continued)
Franchot moved to adopt an Ordinance Amending Chapter 62 of the Orono Municipal Code by
Amending Section 62-9 Regarding Animal Limits to Include Prohibition of Roosters.
Doug Lien, 580 Oxford Road, asked what, if any, precedent this would set and how it would impact other
animals such as dogs. Lien asked if the roosters would be grandfathered.
Mattick noted the roosters would not be grandfathered in under the Animal Code.
Franchot stated in his view it also would not set a precedent since it only deals with roosters.
THE ABOVE MOTION DIED FOR LACK OF A SECOND.
Printup moved, Bremer seconded, to table Item No. 4, Potential Animal Ordinance Amendment -
Roosters.
McMillan stated if the City does decide to go down the path of banning roosters, she would like to get
more public input.
VOTE: Ayes 4, Nays 0
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
Struve reported that work on the sewer pipe along Orono Orchard Road is being completed this week and
that the first layer of asphalt should be completed by the end of next week.
Some of the park equipment was removed from Crystal Bay Park last week and the new equipment
should all be installed by the end of this week.
*5. GRANT APPLICATION FOR BEDERWOOD PARK - RESOLUTION NO. 6168
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6168, a Resolution Authorizing
Filing of Application and Execution of Agreement to Develop and Improve Recreation Facilities
Under the Provisions of the Hennepin Youth Sports Program. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Printup recommended that Creative Kids Academy be invited to the ribbon cutting ceremony for Crystal
Bay Park.
Loftus stated they are on the list of people to be invited to the ribbon cutting ceremony for Crystal Bay
Park and that she would like the public to know that they are also welcome to attend the ceremony which
will be held Monday, October 8, at 6:00 p.m. Jan Callison, Hennepin County Commissioner, will be in
attendance at the ceremony.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 9 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 10 of 12
(MAYOR/COUNCIL REPORT, Continued)
Mayor McMillan noted that she attended the LMCC stakeholder meeting with Mike Gaffron last Friday
and that the LMCC was interested in obtaining public input regarding the possible build-out of the
system. Representatives from Greenwood and Medina were also in attendance. Another session is
scheduled for October 4th.
Franchot noted that three sessions in total are scheduled in an attempt to get as much public input as
possible.
CITY ADMINISTRATOR'S REPORT
*6. APPOINTMENT OF 2012 GENERAL ELECTION JUDGES - RESOLUTION NO. 6169
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6169, a Resolution Appointing
Election Judges for the General Election to be held November 6, 2012. VOTE: Ayes 4, Nays 0.
*7. APPOINTMENT OF ABSENTEE BALLOT BOARD - RESOLUTION NO. 6170
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6170, a Resolution Appointing
the Absentee Ballot Board for the 2012 General Election to be held November 6, 2012. VOTE:
Ayes 4, Nays 0.
*8. REQUEST FOR PROPOSALS FOR CITY RECYCLING COLLECTION SERVICES
Bremer moved, Franchot seconded, to approve the proposal submitted by Waste Management for
single sort curbside recycling, including revenue sharing, and to authorize Staff to begin negotiating
a contract with Waste Management based on the proposal. VOTE: Ayes 4, Nays 0.
9. DEPUTY CHIEF - POLICE DEPARTMENT - RESOLUTION NO. 6171
Printup commented as it relates to the deputy chief position, that person should be required to go out on
calls for service. Printup stated in his view it is important that the deputy chief is visible in the
community as well as the police chief.
Printup stated he also requested a salary survey looking at population numbers as well as number of
employees. The survey did come back pretty comparable with other similar cities. Printup asked what
the total number is of police department employees.
Police Chief Farniok stated as of January 1, the full-time police officers would be at 27, with 3 clerical
positions as well as a full-time CSO and possibly a part-time CSO.
Printup asked what the population is approximately of all the contract cities.
Police Chief Farniok indicated the population is between 18,000 and 19,000.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 10 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 11 of 12
(9. DEPUTY CHIEF - POLICE DEPARTMENT - RESOLUTION NO. 6171, Continued)
Bremer moved, Franchot seconded, to adopt Resolution No. 6171 Amending the
Supervisory/Administrative Salary Schedule to add the Deputy Chief position to Level 7 and to
approve the position to begin the internal process for filling the position of Deputy Chief. VOTE:
Ayes 3, Nays 0, Printup Abstained.
*10. ADMINISTRATIVE ASSISTANT - POLICE DEPARTMENT
Bremer moved, Franchot seconded, to approve advertising for the Administrative Assistant
position. VOTE: Ayes 4, Nays 0.
*11. PART-TIME POLICE OFFICER POSITION
Bremer moved, Franchot seconded, to approve advertising and to proceed with the application and
background investigation for the position of Part-Time Police Officer. VOTE: Ayes 4, Nays 0.
*12. AUTHORIZATION TO PURCHASE SQUAD CARS
Bremer moved, Franchot seconded, to approve the purchase of a 2013 Chevrolet Tahoe from Star
West Chevrolet for $30,946.50, plus tax, registration and other miscellaneous fees, and a 2012
Dodge Charger from Dodge of Burnsville for $22,672.36, plus tax, registration and other
miscellaneous fees. VOTE: Ayes 4, Nays 0.
*13. SPONSORSHIP OF COMMUNITY FORUM ON HEROIN USE
Bremer moved, Franchot seconded, to approve the City of Orono as a co-sponsor of the
Community Forum on Heroin Use. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Mattick stated he had nothing to report.
*14. LICENSES & PERMITS
None
*15. BILLS
Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 11 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 12 of 12
ADJOURNMENT
Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 8:03 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
__________________________________ _____________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 10/08/2012
Approval of Council Minutes 09/24/2012 [Page 12 of 12]
Item #04 - CC Agenda - 10/08/2012
Presentation - Hennepin County Update from District 6
Commissioner Jan Callison [Page 1 of 1]
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Pay Request No. 3 - Orono Orchard Road Reconstruction Project
[Page 1 of 6]
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Pay Request No. 3 - Orono Orchard Road Reconstruction Project
[Page 2 of 6]
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[Page 5 of 6]
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Pay Request No. 3 - Orono Orchard Road Reconstruction Project
[Page 6 of 6]
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Pay Request No. 3 - Carman Bay Shoreline Restoration Project
[Page 1 of 5]
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[Page 4 of 5]
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Pay Request No. 3 - Carman Bay Shoreline Restoration Project
[Page 5 of 5]
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Pay Request No. 1 - 2012 Street Maintenance Project
[Page 1 of 2]
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Pay Request No. 1 - 2012 Street Maintenance Project
[Page 2 of 2]
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Police Department Security Upgrades [Page 1 of 24]
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Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 8 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 9 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 10 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 11 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 12 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 13 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 14 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 15 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 16 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 17 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 18 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 19 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 20 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 21 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 22 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 23 of 24]
Item #13 - CC Agenda - 10/08/2012
Police Department Security Upgrades [Page 24 of 24]
Item #14 - CC Agenda - 10/08/2012
Approval of Architectural Services [Page 1 of 5]
Item #14 - CC Agenda - 10/08/2012
Approval of Architectural Services [Page 2 of 5]
Item #14 - CC Agenda - 10/08/2012
Approval of Architectural Services [Page 3 of 5]
Item #14 - CC Agenda - 10/08/2012
Approval of Architectural Services [Page 4 of 5]
Item #14 - CC Agenda - 10/08/2012
Approval of Architectural Services [Page 5 of 5]
Item #15 - CC Agenda - 10/08/2012
Liquidation of Forfeited Vehicle [Page 1 of 2]
Item #15 - CC Agenda - 10/08/2012
Liquidation of Forfeited Vehicle [Page 2 of 2]
Item #16 - CC Agenda - 10/08/2012
Establish Date & Time for Canvassing Board Meeting
[Page 1 of 1]
Item #17 - CC Agenda - 10/08/2012
City Clerk Retirement - Authorize Recuitment Process
[Page 1 of 5]
Item #17 - CC Agenda - 10/08/2012
City Clerk Retirement - Authorize Recuitment Process
[Page 2 of 5]
Item #17 - CC Agenda - 10/08/2012
City Clerk Retirement - Authorize Recuitment Process
[Page 3 of 5]
Item #17 - CC Agenda - 10/08/2012
City Clerk Retirement - Authorize Recuitment Process
[Page 4 of 5]
Item #17 - CC Agenda - 10/08/2012
City Clerk Retirement - Authorize Recuitment Process
[Page 5 of 5]
Item #18 - CC Agenda - 10/08/2012
Licenses & Permits [Page 1 of 1]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 1 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 2 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 3 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 4 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 5 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 6 of 7]
Item #19 - CC Agenda - 10/08/2012
Bills [Page 7 of 7]