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HomeMy WebLinkAbout11-22-2010 Council MinutesL • MINUTES OF THE ORONO CITY COUNCIL MEETING ,Monday, November 22, 2010 7.00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members James Murphy, Cynthia Bremer, Lili McMillan, and Doug Franchot. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 6, 7, 11, 12, 14 through 19 were added to the Consent Agenda. Item 9A was added to the regular agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. • APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF NOVEMBER 8, 2010 Murphy moved, Bremer seconded; to approve the minutes of the Orono City Council meeting of November 8, 2010, as submitted. VOTE: Ayes 5, Nays 0. *3. CANVASSING BOARD MEETING OF NOVEMBER 8, 2010 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council Canvassing Board Meeting of November 8, 2010, as submitted. VOTE: Ayes 5, Nays 0 PLANNING COMMISSION COMMENTS — JON SCHWINGLER, REPRESENTATIVE Schwingler stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None r1 U Page 1 of 14 H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. • PLANNING DEPARTMENT REPORT *4. JOINT USE DOCK SURVEY POLICY — RESOLUTION NO. 5990 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5990, a Resolution Establishing Policy Regarding Certificate of Survey Requirements for Joint Use Dock Licenses. VOTE: Ayes 5, Nays 0. I 5. #10 -3454 CITY OF ORONO, ZONING TEXT AMENDMENT — CONDITIONAL USES IN THE SINGLE FAMILY ZONING DISTRICTS Curtis stated earlier this year the Planning Commission reviewed the conditional uses allowed in the residential zoning districts and found that some of the uses are out of date and difficult to understand. Upon review of the proposed changes in May, the Planning Commission voted 5 -0 to recommend approval of the changes. Since the amendment would change the conditional use permit listings for all of the residential zoning districts, plus require additions to the definitions section of the Zoning Code, the proposed changes were presented in July in table form for Council to evaluate before the ordinance was drafted for review. The table attached to the staff memo as Exhibit B is the same table presented to the Council in July. The Council reviewed the amendment which revises conditional uses within the residential zoning districts. The Council reviewed the table and asked for clarification on several issues — animal units on stock farms • and outdoor play requirements for schools or daycares were some of the issues needing clarification. We have an existing defined animal unit per acre calculation of one animal unit per dry` acre, which is not proposed to be changed at this time. Council directed Staff to bring the amendments back for review in draft ordinance format. Staff and the City Attorney have prepared a draft ordinance for the Council's review. Summary of major changes: - Domestic animals were redefined as farm animals and the ability to keep farm animals was removed from the R -lA (1.0 acre minimum) and R -1B (1/2 acre minimum) districts. - Wholesale greenhouses, public stables, public barns and stock farms were removed from the R and LR Districts but remain in the RR Districts. - Hospitals for human care (sanitariums, rest homes, etc) as well as non - profit libraries were completely removed from all residential districts. - Private gun clubs, archery ranges and ski slides were removed from all districts. Hospitals and nursing homes remain a conditional use in the B-4 district. In July, the Council adopted an ordinance adding assisted living facilities to the conditional uses allowed within a RPUD District. In order to obtain a CUP for assisted living in an RPUD District, the property must first be rezoned to RPUD. Page 2 of 14 0.- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. (5. #10 -3454 CITY OF ORONO, ZONING TEXT AMENDMENT, Continued) Planning Staff recommends approval of the ordinance. However, there are two issues which appear to warrant additional research: outdoor play area requirements for schools /daycares; and the impact the proposed amendment will have on the existing gun club. Removal of gun clubs, archery ranges and ski slide from all districts results in making the existing gun club a legal, non - conforming use. It could operate and remain as it is but expansions or changes to the use would not be permitted. Staff will research these items and bring back findings to the December 13`h meeting with a revised, final draft of the ordinance. Murphy asked what the definition of a nonprofit library would be. Curtis stated Staff has not identified any nonprofit libraries within the City and that the discussion with the Planning Commission was that they felt the language was outdated and thus recommended its removal. Murphy commented there might be some nonprofit organizations that exist that might have a library or the use for a library and asked how that would fit within this zoning text amendment. Murphy questioned whether that language should be deleted. Murphy indicated he would like to table the ordinance to allow Staff to research that a little further. • Franchot commented he also had a similar concern and that he would like to explore ancillary libraries and whether those should be allowed. McMillan noted one acre would be needed for each animal unit other than horses and asked whether that would include chickens and other small animals. Curtis indicated it is one acre in excess of the house. The ordinance would require one acre for the home and one acre per animal unit. Curtis pointed out the animal unit calculation is 50 chickens per one animal unit and the property owner would need two acres for the first horse in addition to the one acre for the house. McMillan asked whether the minimum would be two acres for any animals. Curtis indicated it would be, which is also the current requirement. Curtis stated they are not changing the animal unit but just removing the R -lA and R -113 districts. Mattick asked whether someone would require a CUP if they had 30 chickens. Curtis indicated they would and that the number of animals would depend on the amount of land available. Bremer asked how the changes would affect existing daycares and the gun club and whether they would be grandfathered in. • Curtis indicated they would be grandfathered in under their current CUP. Mattick stated the language would allow them to keep what they have but the ordinance would not allow future expansion of the use. Page 3 of 14 tl MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. • (5. #I0 -3454 CITY OF ORONO, ZONING TEXT AMENDMENT, Continued) Curds stated the code amendment change regarding the daycare is that they would not be requiring 50 square feet of outdoor space per student. Duane Noreen, Orono Gun Club, stated their concern is the fact that future expansion is not allowed. Noreen indicated they have no room to expand and that they have no plans to expand at the present time Noreen asked whether they would be permitted to put up a storage building and whether that would be considered an expansion. Mattick indicated that would be an expansion. Noreen noted that trap shooting is now a sanctioned sport by high schools and that'they currently service five high schools. Noreen indicated they have heard they may have 26 or 29 schools that will be offering trap shooting. The gun club is expecting schools within the metropolitan area, in addition to the ones they already accommodate, to ask whether they can utilize their facility. Noreen stated the gun club would likely be requesting that they be allowed to expand their hours to accommodate those additional students. The gun club currently applies for an annual permit which indicates the hours of operation. Murphy asked what their relationship is with Three Rivers. Noreen stated they really have no relationship with them currently. • Lynch noted they are bordered on three sides by the park, which leaves them no room for expansion. Murphy commented there are horse trails located within the park and that the horses may get skittish with the guns. Noreen stated they have never received any negative comments from Three Rivers. Noreen commented in his view the sound might be muffled by the time it reaches the horse trail. Murphy noted the gun club is also bordered by County Road 6. Mattick stated he is unsure how the hours of operation would be addressed under the new ordinance. The City could require an amendment to their CUP if the gun club would like to expand its hours. If the Council is aware of certain uses that would be affected, they could specify certain items that they would like to address. I Noreen noted they are not allowed to start before 1:00 p.m. on Saturday and Sundays and that they have to shut down by 5:00 p.m. McMillan commented it would be nice if the gun club had the ability to modify their trap fields if necessary. Noreen noted they presently do not have the ability to build additional trap fields. They may want to expand the sidewalks a little bit, which would not change the use. Mayor White suggested Staff compile a list of items that should be looked at in conjunction with this proposed ordinance. , Page 4 of 14 ti MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 • 7 :00 o'clock p.m. (5. #10 -3454 CITY 6110RON0, ZONING TEXT AMENDMENT, Continued) Murphy moved to table Application No. 10 -3454, City of Orono Zoning Text Amendment, Conditional Uses in the Single Family Zoning Districts. Mattick asked if there were any additional questions on the calculation of the animal units. Franchot noted there is a specific list of the animals that would be allowed and asked what would happen if someone would like to board an animal that is not listed. Mattick stated the Council would have the option of adding animals to the list at any time. McMillan asked what would happen to someone who currently has a chicken coop but does not meet the minimum land requirements. Curtis stated the rule exists currently regulating the animal units. Franchot seconded the motion. VOTE: Ayes 5, Nays 0. *6. #10 -3490 JOHN F. ROEDEL, 4725 NORTH SHORE DRIVE, AFTER -THE -FACT CONDITIONAL USE PERMIT — RESOLUTION NO. 5991 ® John Roedel, Applicant, was present. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5991, a Resolution Granting a Conditional Use Permit per Municipal Zoning Code Sections 78 -966, 78 -967, 78 -1283, and 78- 1286(B) and (D). VOTE: Ayes 5, Nays 0. *7. #10 -3492 AMEND MUNICIPAL CODE SECTION 78 -128 — ORDINANCE NO. 80, THIRD SERIES Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 80, Third Series, an Ordinance Providing for the Granting of Variance Extensions. VOTE: Ayes 5, Nays 0. 8. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE — CONDITIONAL USE PERMIT COLUMBARIUM — PUBLIC HEARING David Owens, Good Shepherd Church, was present. Curtis stated Good Shepherd Lutheran Church is requesting a conditional use permit in order to construct an in- ground columbarium or memory garden on the church property. Most of the proposal consists of a sidewalk, five -foot high memorial wall, benches and a "cross- walk" through the columbaria area. The memorial wall is proposed to be a wall with name plaques and is not a columbarium. The crosswalk consists of a sidewalk which will cut through a circular in- ground columbarium area. The in- ground columbarium meets the setbacks required by the new code. • According to: Section 78- 348(19) of the newly adopted ordinance, the in- ground columbarium inurnment garden must be set back at least five feet from the adjacent property and 50 feet from any principal Page 5 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 j 7:00 o'clock p.m. • (8. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, Continued) i structures on adjacent lots. The applicant's plans illustrate they meet the 5 -foot setback from the property line. The areas surrounding the proposed memory garden are heavily wooded and back up to a wooded city park property. It is Staff's opinion that additional screening of the memory garden should not be necessary. The City Engineer has reviewed the proposal and has determined that the activity does not trigger the wetland buffer ordinance. The proposed hardcover within the 500 to 1000 foot zone will be 22.89 percent and will increase over the existing level by less than one percent. The hardcover level is conforming. i The proposal meets the code standards. Staff recommends the City Council hold the public hearing and review the conditional use permit request and discuss any conditions to place on the approval, if necessary. Mayor White opened the public hearing at 7:25 p.m. Paula Zachman, 2466 Dunwoody Avenue, stated she just received the notice for this application approximately one week ago and that she is nervous about having this adjacent to her back yard. • Paul Carlson, 2466 Dunwoody Avenue, indicated they have a number of questions; and asked how many inurnment plots there would be. Curtis displayed the plan submitted by Good Shepherd. t Dave Owen, Good Shepherd Church, stated there are approximately 130 inurement, spaces and that they would be looking at approximately three to five inurement ceremonies per year. They have approximately five to six funerals per year at the church and this plan is designed for the long -term. Carlson asked if the plots would be sold to just members of the church or to the general public. i Owen stated they would be for members of the church. There will be a charge to use one of the inurnment spaces. Carlson asked whether the plaques would be another fundraising activity. Owen stated the memorial wall would have plaques as well as a small plaque by each inurement space. Carlson asked whether any studies were done on the market impacts to adjoining properties. I Owen indicated they have not and that this is not a cemetery per se. Carlson stated there is probably a fine line between the definition of a cemetery and an inurnment plot but . that this area will be visited by members of the family and that there will be people mourning. Carlson indicated they would feel uncomfortable having a barbecue in his back yard, mowing his yard, or doing something else in their back yard if an inurnment ceremony is going on. i Page 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. (8. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, Continued)- Carlson commented they would like to be respectful neighbors and asked whether the two uses are compatible. Carlson noted the plan shows the land going all the way out to Casco Point Road and asked whether that land is useable. Owen indicated that land is primarily wetland and that they have located their project on as much high ground as possible. Owen noted the inurement garden is as far away from the building and County Road 15 as possible. Owen pointed out there are heavy woods between the adjoining property and the inurnment garden. . Carlson distributed some pictures to the Council. Owen pointed out that the gray line on Picture No. 2 is the roofline of the Zachman residence. Carlson stated he did take a picture of the middle of the inumment area from his property and his residence is very apparent. During the wintertime his residence is clearly visible from the church property. There is a canopy of very large trees on the church property but that does nothing to abate the sight line from their property. From the corner of the private driveway, you can still see all the way back in there. The area is somewhat screened but the screening at eye level has been done by Ms. Zachman. • The church is not proposing to do anything as far as screening and there is limited foliage for eight months of the year. Carlson indicated they have a letter from their realtor. The house is currently on the market and the realtor feels their property value will be negatively impacted by this. Carlson commented he is not-sure whether he would want to live next to a cemetery or an inurement garden and that they did not purchase a residence that was next to a cemetery or an inurement garden. Carlson stated at the very least they would like to know why Good Shepherd is avoiding the Planning Commission and coming straight to the City Council. They would also like some additional screening and that they are really not in favor of the project at all, particularly since Good Shepherd is not proposing anything as far as screening. Both parties will want privacy and they do not want to feel like they are intruding. Owen pointed out in the wintertime they will not be having any inumments, but that it is possible there will be one or two in the early spring or late fall. Good Shepherd's intention has been to screen their project from their parking lot and that they thought they were screened well enough from the adjoining properties. Owen indicated they are willing to provide additional screening. McMillan asked how the church would feel about noises coming from the adjoining properties. Owen indicated they would understand that aspect and that the average inurement ceremony would only last approximately 20 minutes. Pastor Davis stated the outdoor inurement ceremonies are five to ten minutes long. Their back yard is is currently being used now for worship services and the children play out there. There are many more activities that are closer to the Zachman residence than the inurement garden. If there is noise coming Page 7 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. . 1 (8. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, Continued) from the neighboring properties, the church will just have to deal with it and that they understand they are located in a residential area. a White commented evergreens would be nice screening, particularly in the wintertime. White stated in his opinion additional screening is a justified request. Davis indicated they could add some screening between the inurement garden and the Zachman property. During the wintertime the area will be snow covered and in the summertime it will resemble a garden. I Carlson stated given the memorial wall and benches, there will be visitors there and people mourning. The concern is that the two uses really are not compatible. Good Shepherd Church did not disclose their plans to them and they were not asked what they would like to see on this project. Carlson indicated they want to have a good relationship with their neighbors and that the additional screening is a very minimal 'request. Carlson stated screening all the way up to the inurement area is probably not necessary but that there are some areas that are wide open on both properties. Murphy commented the City wants to ensure this is done correctly and asked what they would like to see occur. Carlson indicated he would like some additional time for the neighbors to learn about the project. • Zachman noted their next door neighbor did not know about this and that the neighbors should be aware of the project. Carlson commented he is not sure what the rush is. Mayor White pointed out the columbarium ordinance has been discussed since August but that this is the first time this particular application has been discussed. Carlson noted they were only notified last week of this meeting. Carlson stated at the very least they would like the neighbors to have some additional time to comment on this. They would also like to request some additional screening if the project is approved. Carlson indicated he would like to work with the church on this. Owen apologized for not speaking with them prior to coming to the City Council Mayor White asked how long they have resided in the house. Zachman indicated she has resided there for 12 years. I Mayor White closed the public hearing at 7:48 p.m. Bremer asked what the timing of the project is. . Page 8 of 14 c, • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. (8. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, Continued) Owen indicated the project was bid on in June and that they have a contractor ready to start on the project. Owen stated he is not sure where the contractor is exactly given the weather conditions and that they also need to go to the Watershed District. Mayor White noted the costs of the project also increase in the wintertime. Owen stated they have not made a firm decision on when to start construction. Mayor White commented it would benefit both parties to speak to one another about the project. White noted he is in support of the project and that Mr. Carlson's concerns about the screening are valid and should be addressed. White suggested the church and the neighbors get together to discuss the project and then come back before the City Council in a couple of weeks. McMillan stated in her view the City owes the neighbors the time to get together with the church since this application did skip the Planning Commission meeting. McMillan noted the Council did discuss briefly notifying the neighbors surrounding the various churches in the community and obtain their thoughts on having a columbarium in their neighborhood prior to the ordinance coming before the Council. McMillan commented she would like to see some discussion on this item between the church and the neighbors. Franchot stated the north construction area caught his attention and asked whether there is a maximum size limit to that area. Franchot asked what constraints there are to prevent the inurnment garden from encompassing the entire church property after a period of time. Curtis stated the CUP would cover the inurnment area. Pastor Davis indicated there is also a handicap accessible sidewalk that would lead from the church out to the inurnment area. Franchot noted they have not discussed a maximum size of an inurnment garden previously. Mattick stated it is not uncommon to add conditions to a CUP. Franchot stated the previous discussion was that there was plenty of screening but that the neighbors have raised some interesting points. McMillan commented the screening should be required on the church property. White commented the church could offer to plant some screening on the neighbor's property if the property owners are agreeable to that. Murphy moved, Franchot seconded, to table Application #10 -3493, Good Shepherd Lutheran • Church, 3745 Shoreline Drive, Conditional Use Permit — Columbarium, to the December 13, 2010, City Council meeting to allow Good Shepherd Lutheran Church time to meet with the neighbors. VOTE: Ayes 4, Nays 0, Bremer Abstained. Page 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. 9. #10 -3494 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVARD WEST — CONDITIONAL USE PERMIT RENEWAL FOR INDUSTRIAL SITE PLAN APPROVAL — PUBLIC HEARING — RESOLUTION NO. 5992 Peter Johnson, Attorney -at -Law, was present. j Mayor White stated the applicant has submitted all the required information necessary for a renewal of the 2006 conditional use permit in order to conduct a number of improvements to the site, most of which were completed in 2006 and 2007. However, at this time the applicant is requesting renewal of the CUP for the remaining items, which include a one -story, 25,620 square foot addition and additional parking on the southwest corner of the existing building. { Mayor White opened the public hearing at 8:03 p.m. Mayor White pointed out the area where the conditional use permit would apply. There were no public comments regarding this application. Mayor White closed the public hearing at 8:04 p.m. Murphy asked if WJM is satisfied with the drainage that has been completed so far • Johnson indicated they are. Johnson stated their plans have been delayed given the economy, but that • they still feel this is the plan they would like to complete once the economy improves. As the site becomes more fully utilized, they would like to go forward with their plans. Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5992, a Resolution Granting an Extension of the Commercial Site Plan Approval for WJM Properties, LLC, Granted per Resolution No. 5470, for WJM Properties, 2605 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. 9A. CERTIFICATE OF COMPLETION, FULLERTON ESTATES Gaffron stated Staff was notified earlier this week that the filing for Fullerton Estates was not correctly completed for reasons unknown to Staff. This subdivision was completed approximately ten years ago and one of the properties within the development is now being sold, which has brought this matter to the attention of Staff. City files contain a copy of the executed document but not the original document. To resolve this, new documents have been drafted by the current City Attorney for signature by the Mayor and Clerk. The City did issue a Certificate of Completion. Murphy moved, McMillan seconded, to authorize the Mayor and City Clerk to execute the Release of Developers Agreement and Certificate of Completion. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan noted that she and the City Administrator met with the school on the Old Crystal Bay Road plan as it relates to communication between the parties during the project. There will be another meeting • in a couple of weeks on the project. Page 10 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 • 7:00 o'clock p.m. (MAYORICOUNCIL REPORT, Continued) Mayor White suggested Staff notify the City Council when an applicant has not discussed their project with the neighbors. McMillan asked if the signature of the adjoining property owners is required on a CUP. Curtis indicated it is not required and that the signatures are an optional submittal by the individual applicants. McMillan asked whether any signage is required to be erected in connection with the Good Shepherd application. Curtis indicated there is, and that Staff followed the requirements for notifying the neighbors of a public hearing. CITY ENGINEER'S REPORT Kellogg indicated he has nothing to report. • CITY ADMINISTRATOR'S REPORT 10. VFW DISPLAY REQUEST Gaffron noted there is no representative from the VFW present at tonight's meeting. Gaffron stated since there is not a formal community center facility in Orono, community groups have been allowed to use the Council Chambers for meetings that do not conflict with city meetings. The VFW Post #7 has been using the Council Chambers for their monthly meetings since June of 2009. The City received a letter from Clint Bucher, Commander of VFW Post #7, requesting approval to place the VFW Post and Auxiliary flags in the hallway between the Council Chambers and the City Hall. The City has never formalized a policy regarding the use of the hallway and wall space by outside organizations. The City's ability to continue to make the chambers and its associated hallways available for such groups relies to some extent on the City not having to provide storage or display space for each group's property. In reviewing the request, Staff considered a variety of factors, including hallway traffic patterns, the many ways in which these hallways are used from time to time, the location of existing fixtures and furnishings, and the potential for additional similar requests. Given the limited hall and wall space in the Council Chambers wing, it would make it difficult to accommodate all such potential requests. Mattick stated approval of the display request would open the door to other such requests. Mattick indicated the City Council could approve a temporary display if they would like. Gaffron stated Staff is fine with a temporary display but that there is not sufficient room for a permanent display. Page 11 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. (10. VFWDISPLAYREQUEST, Continued) Murphy commended Staff for reviewing this request. Murphy noted the City Council Chambers were built with the intention that an area could be cordoned off for other functions. Murphy expressed a concern that it would set a precedent and that he would like to keep an area available for the general public to meet. - Bremer commented it would be nice to have an official location to store things but that is not feasible in this case since the City has limited storage space. Bremer moved, Murphy seconded, to deny the request for a permanent display but to offer the VFW the opportunity to have a temporary display at Orono City Hall. VOTE: Ayes 5, Nays 0. *11. CONTINUED PARTICIPATION IN METROPOLITAN LIVABLE COMMUNITIES PROGRAM — RESOLUTION NO. 5993 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5993, a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Calendar Years 2011 Through 2020. VOTE: Ayes 5, Nays 0. *12. VACANCY ON CITY COUNCIL • Murphy moved, Bremer seconded, to approve and follow the appointment process outlined in the • City Administrator's memorandum dated November 18, 2010. VOTE: Ayes 5, Nays 0. 13. ADOPT FUND BALANCE POLICY — RESOLUTION NO. 5994 Murphy commented he gets together with former council members and mayors on occasion and that they have pointed out the City's fund balances are getting smaller, which has caused him to think about when having a large fund balance was a good thing. Olson commented bond companies also see large fund balances as a good thing Murphy stated not everyone sees it the same way as the state and that the lower fund balances are a departure from the way things were done in the past. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5994, a Resolution to Adopt a Fund Balance Policy. VOTE: Ayes 5, Nays 0. *14. AMEND MUNICIPAL CODE SECTION 2 -173 AND CLOSE FUND 229 COMMUNITY INVESTMENT FUND — ORDINANCE NO. 81, THIRD SERIES AND RESOLUTION NO. 5995 Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 81, Third Series, An Ordinance Amending Chapter 2 of the Orono Municipal Code by Repealing Section 2 -173 Regarding the Community Investment Fund, and to adopt RESOLUTION NO. 5995, a Resolution to Close the Community Investment Special Revenue Fund to the Community Investment Capital Project Fund. VOTE: Ayes 5, Nays 0. 0 Page 12 of 14 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. *15. CLOSE FUND 227 IMPROVEMENT EQUIPMEMNT OUTLAY FUND —RESOLUTION NO. 5996 Murphy moved, Bremer seconded, to adopt RESOLUTION NO., a Resolution to Close the Improvement Equipment Outlay Special Revenue Fund to the Improvement Equipment Outlay Capital Project Fund. VOTE: Ayes 5, Nays 0. *16. LIQUIDATION OF FORFEITED VEHICLE Murphy moved, Bremer seconded, to liquidate a forfeited 2005 Lexus SC430, through a public bid process. If minimum bid is not obtained, the vehicle will be sold through the Minneapolis Auto Auction or similar business. _VOTE: Ayes 5, Nays 0. *17. LIQUIDATION OF KUSTOM RADAR TRAILER Murphy moved, Bremer seconded, to approve the liquidation of the Kustom radar trailer to Action Radio in Maple Grove for $500.00. VOTE: Ayes 5, Nays 0. *18. AUTHORIZATION TO PURCHASE KUSTOM SIGNAL RADAR TRAILER Murphy moved, Bremer seconded, to approve the purchase of the SMART 600 radar trailer from Kustom Signal, Inc, for $5,295.00. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick indicated he had nothing to report. *19. LICENSES & PERMITS ANNUAL LIQUOR LICENSES Off Sale Liquor 1. Wood Enterprises, Inc./Navarre Liquor 3421 Shoreline Drive Murphy moved, Bremer seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. *20. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 13 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2010 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Franchot seconded, to adjourn the Orono City Council at 8:20 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk r - &J4,tt7-_ 4es JaM. White, Mayor Page 14 of 14 0 • 1]