HomeMy WebLinkAbout2012-04-12 Joint Board MINJoint Planning Board
Meeting Minutes
April 4, 2012
Present: Dave Johnson and Linda Countryman, Stillwater Township; Ken Harycki, City of
Stillwater.
Staff present: Stillwater Community Development Director Bill Turnblad.
Chair Johnson called the meeting to order at 7:03 PM.
Approval of Agenda
Board Member Harycki moved to approve the agenda. Board Member Countryman seconded
the motion, which passed unanimously.
Election of Officers
Mr. Johnson was nominated to serve as Chairman. Mr. Roush was nominated to serve as Vice-
Chair. On a unanimous vote the two nominated members were elected to office.
Public Hearings
Case No. 2012-01 A request by Joe Jablonski of Lennar for approval of Millbrook 6th Addition.
The plat would include 10 single family homes and 22 townhouse units within three buildings.
Mr. Turnblad summarized the planning report of February 22, 2012 written by City Planner Mike
Pogge. He also gave an update on the progress of improvements to the main park in the
development.
Chair Johnson opened the public hearing. There being no public comments, he closed the
public hearing.
Board Member Harycki moved to approve the plat of Millbrook 6th Addition. The motion was
seconded by Board Member Countryman and passed on a 3-0 vote.
Case No. 2012-07 A request by the Friends of Stillwater Area Dog Park, Inc. for a Special Use
Permit to develop and operate an off-leash dog park on City property located at 3111 – 80th
Street North, currently referred to as the “Boutwell Cemetery Property”.
Mr. Turnblad summarized his report of March 29, 2012.
Chair Johnson opened the public hearing.
Allison McGinnis, President of the Friends of Stillwater Area Dog Park, Inc. (FSADP), addressed
the issue of dog barking. Her points:
1. Nature of location – few houses in the immediate vicinity; five of seven abutting homes
are more than a football field away.
2. Hours of operation between 8 am and sunset.
3. St. Paul Dog Owners Group states “Generally speaking, you just don’t hear much
barking at a dog park; and if one dog starts to bark at others, the owner is always there
to quiet the dog down.”
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April 4, 2012
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4. Incorporated into posted rules: “Dogs that bark excessively must be removed.”
5. Informal survey of city dog parks conducted by City Park Department indicates that
barking dogs are generally not a problem at off-leash dog parks.
6. Minneapolis Park and Recreation’s Support Services Manager, Anne Olson, says Mpls
has six off-leash dog parks, two of them are small and have houses across the street.
None of the dog parks has significant issues with barking.
7. According to the “Guidelines for Establishment and Maintenance of Successful Off-
Leash Dog Exercise Areas” by the Program in Veterinary Behavioral Medicine Center
for Animals in Society, located in Davis, California, barking problems are relatively
infrequent.
8. Reassess after a year.
Chair Johnson asked Ms. McGinnis if FSADP has considered other sites. She responded that
they have and that all had potentially more conflicts and challenges than Boutwell Cemetery.
Board Member Countryman stated that the dog park would be popular and asked if there was
any room on the site for expansion. Ms. McGinnis responded that there is no room on the site
for expansion. Following up on her comments Countryman asked if FSADP could buy land
somewhere further out where residents would be further away from the park. Ms. McGinnis
inferred that the group was not interested in purchasing property.
Steven Nelson, 7770 Minar Lane said that his concerns are summarized in the letter he has
submitted for the record. He continued by stating that dogs simply bark - even when content. If
barking becomes a problem the neighbors could call the Stillwater Police Department, but dog
complaints are not a very high priority with Police. Moreover, by the time a squad car arrived,
the dogs could have stopped barking. It is hard to verify this kind of complaint. “Excessive
barking” is a relative thing. To a dog owner it might be much different than to a neighboring
resident. Resale of a home next to a dog park would be impacted because a smaller share of
the market is interested in having a home next to a dog park. A dog park detracts from the
natural setting of the area.
Curt Warren, 7750 Minar Lane said he was opposed to the dog park because of the potential for
nuisance barking.
JoAnna Tom, Secretary for FSADP, testified that barking of dogs should not be a problem. Two
of the principle reasons a dog will bark is to defend/protect its territory and to get attention. On
neutral ground, such as an off-leash dog park, defensive/protective barking does not occur.
And the dog owners will be with them at the park, so barking for attention is not an issue.
Board Member Countryman asked if FSADP have sufficient funding to complete the proposed
improvements. To which McGinnis responded that they have suspended their fund raising
efforts until a specific site plan and cost estimates are approved. But, that they believe they can
raise the funds privately.
Countryman asked McGinnis if her group has made contact with all the neighbors. McGinnis
responded that they have reached out to all the neighbors but that most were not available and
they have not attempted again.
Countryman asked if a dog park will negatively impact the surrounding property values.
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April 4, 2012
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Larry Hansen, City of Stillwater Administrator, stated that part of the controversy may be his
fault. He suggested the Boutwell Cemetery site to the FSADP because all other sites that were
investigated by the group had more conflicts and challenges than the cemetery site. It was not
his intention to create conflict for the neighbors and Town Board.
Chair Johnson closed the public hearing since no more testimony was offered.
Chair Johnson mentioned that the demand for the dog park use would be from City residents
with small lots. Township residents have large properties. He also mentioned that though the
benefits will be realized by City residents it is the Township residents that must live with the
inconveniences of increased activity in Boutwell Cemetery. And since the park would be
improved with private money, the expectation of the donors will make it more difficult to close
the park if barking becomes an unresolvable problem. He said he was concerned for those
who would be asked to accept this change in their back yards, especially since it represents a
change in the Master Park plan from a passive to an active use.
Board Member Harycki said he has never seen an acre and a half dog park personally and does
not know what to expect is terms of barking and other potential impacts. He therefore asked if a
tour of existing dog parks in the region could be arranged. Rather than making a decision
based upon fears of the unknown, let’s get to know existing similar dog parks first.
Board Member Countryman said she understands that barking from an off-leash dog park is not
as bad as a kennel. But would like to have an understanding of potential property value impact
before she makes a decision. She also wanted the applicants to communicate better with the
neighbors before a decision is made. Therefore she asked that the matter be tabled to gather
this additional information.
Chair Johnson said he was in favor of the use, but wants more information to decide whether
this site is appropriate.
The item was tabled until May 2, 2012.
Turnblad stated that he would arrange a “self serve” tour of similar dog parks and distribute the
information to the Joint Board, City Planning Commission and City Council. He would try to
have the tour information available and on the City website by April 13.
New Business
Building Permit Activity Report
Mr. Turnblad presented the 2011 permit report. 44 permits were issued for residential units in
the Orderly Annexation Area. The total number of residential permits issued from 1996 to 2011
totals 1,245. During that time, at a rate of 120 permits allowed annually, 1,920 permits could
have been issued. Therefore, a positive balance of 675 permits exists through 2011.
Murphy Annexation Discussion
Turnblad presented his memo of February 14, 2012. City staff and the City Parking
Commission are requesting the Joint Board to comment on a suggestion to create a policy
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April 4, 2012
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limiting the boundaries of properties that could in the foreseeable future be detached from the
Township and annexed to the City. The suggestion is that Orwell and Fairy Falls Road serve as
this boundary.
There was agreement amongst the Joint Board members that it would be beneficial for the
Town Board to meet with the City Council, probably at a City Council work session, to discuss
this policy.
Town Board Supervisor Untied suggested that three items ought to be discussed at such a work
session: 1) Fairy Falls Hill area detachment/annexation policy; 2) Status and future of property
recently detached from Lake Elmo and annexed to Stillwater Township; and 3) status of Orderly
Annexation Agreement - its pending milestone dates - as well as longer term boundary and
Joint Board issues.
Turnblad stated that he would check with the City Administrator to see if the Joint Board could
meet with the City Council at the May 1, 2012 work session.
Adjournment
Board Member Harycki moved for adjournment. Board Member Countryman seconded the
motion, which passed unanimously. Meeting adjourned at 8:55 PM.
Respectfully submitted,
Bill Turnblad
Acting Recording Secretary