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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.” Joint Board Minutes April 4, 2012 Page 2 of 4 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. Joint Board Minutes April 4, 2012 Page 3 of 4 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 Joint Board Minutes April 4, 2012 Page 4 of 4 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