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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 2013 Page 5 of 8 City Clerk Bell explained the purpose for bringing the amendment and proposal itself. He noted that the questions received from council have been incorporated in the updated proposal. He explained that the definition of a Kennel will need to be amended to allow a greater number of dogs. This will need to be brought to the Planning Commission because part of the definition is in the Livestock section of the Zoning Code. Council Member Reeves asked about the different charges for altered versus unaltered dogs. Mr. Bell said that it is a common practice based on the research staff conducted. Staff estimates that less than 5% of the currently licensed dogs are unaltered, and therefore staff does not expect the upcharge to be an onerous burden on the public. Clerk Bell noted that there is a state requirement for licensing of dogs. Clerk Bell went through the changes that the Council suggested. One was the number of animals. Another question was section 10.99. That section is the city penalty language. Another was concern about 4th Amendment and warrantless entry on property. Additional safeguard language was added. Animals in heat had a typo corrected. Dangerous dog designations were explained. It is done by the Animal Control Officer or Sheriff’s Deputies. They follow the state definition. Clerk Bell noted that there is also a summary publication and fee ordinance included. Council Member Bloyer voiced his concern about the animal seizure sections and the positive enabling city agents to enter private property. Clerk Bell responded that staff was cognizant of the 4th Amendment and property rights issues while drafting the language, staff also sought to find balance between the ability to enforce the code and creating a situation where the Animal Control Officer could not do his or her job. Mr. Bell stated that despite Council’s past unease with trusting City agents, a certain level of trust will be required for provisions such as these. Council Member Nelson said he accepted the fact that it is about practicality, and that he did not believe there would be many instances at all of problem situations. Mr. Reeves also noted that it is ultimately about public health and safety. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 09-88, WHICH AMENDS THE ANIMALS CHAPTER OF THE CURRENT CITY CODE. Council Member Reeves seconded the motion. MOTION PASSED 4-1 (BLOYER- NAY) MOTION: Council Member Smith moved TO APPROVE Resolution 2013-88, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-088. Council Member Reeves seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 09-89, AN ORDINANCE AMENDING MUNICIPAL FEES. Council Member Pearson seconded the motion. MOTION PASSED 5-0. Mayor Pearson noted that he believes that there are a large number of unlicensed dogs and that he hopes that the City can do more to make the public aware and increase compliance. Council Member Nelson thanked staff for answering his questions and noting that the issue is really all about safety. Council Member Bloyer asked about multiple year licenses. Clerk Bell stated that multiple year licenses can be done, but it would require additional staff resources to monitor the rabies vaccinations that are required for a license. ITEM 14: STORM WATER ORDINANCE – APPROVING REVISIONS TO CITY CODE SECTION 150.277; ORD. 08-090, RES. 2013-89 City engineer griffin provided overview of proposed amendment and the reasons for the changes. There are many changes occurring in the storm water world. State, federal and local watersheds are all making changes. The EPA is the federal entity and the Minnesota Pollution Control Agency is the