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Home My WebLink About07-12-2010 Council Packet PUBLIC ATTENDANCE M EETING DATE �-�2'^ /� � COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for Cify records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER ' � _ ,� , ` ,� � ��_� h� ��c � �� ,�� :� �. 2. �� '��L �� 1J 1 � ��L�'�b�, ��'� �� I/�� ' �� i� � �p� . � 1_ 3. �� (Z�� ,� l �, � �� - ti � ��,. ; � � � �, 4. ` `\ ��' � � -lj-�� I �� ,� ' - y f ;._ �J• '� : J � '. ty'% )L j~ ;r 1' 1�� Lj � ' 6. ��'� �; ? ;T'.7�c j,,..;-�s� L � % . � �'�.,.�i.� �; �. �' �)i.,�l� ��,� ,�, � �� , � -- 1 I _�� ;�t��i � �� /<;i.�-c�'�� l Gr "�� $. �' L- � �— f-,�N��s��-��r�T�,.��,��- � , l 9. �: ; 1��,:- 'r ��'\'�. �c:�' Ci�.t t�i�� ' �,�,�_�ct, �� , 10. ~��%" �i,�,� ;�j�,..,_ � / � 11. 12. 13. 14. 15. V:\(LEGAL FORMS�1(FORMS)1PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, July 12, 2010, 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 Consent Agenda 1. 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. Regular Council Meeting of June 28, 2010 Presentation 3. Tobacco-Free Youth Recreation, Orono Youth in Action 4. 2009 Comprehensive Annual Financial Report LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Linda Feuss, Representative Public Comments – (Limit 5 Minutes Per Person) Planning Department Report 5. #10-3473 City of Orono – Amend Conditional Uses within RPUD District – Assisted Living 6. #10-3472 Welsh Senior Housing, 875 Wayzata Boulevard West – Concept Plan – Resolution * 7. #10-3475 Judson Dayton, 825 Old Crystal Bay Road South – Variance – Resolution 8. Amendment to City Code Chapter 46: Fire Protection and Prevention – Ordinance 9. #10-3454 City of Orono – Zoning Text Amendment – Conditional Use Standards – Ordinance Adoption City of Orono – Zoning Text Amendment – Conditional Uses in the Single Family Zoning Districts – Request for Direction Mayor/Council Report City Engineer’s Report 10. Request For Payment No. 10, Casco Point Reconstruction Project 11. Old Crystal Bay Road Traffic Study 12. Lift Station 12 – Approve Plans and Specs and Advertise for Bids City Administrator's Report Agenda for Council Meeting Set for Monday, July 12, 2010, 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 13. Approve Payment – Big Island Fence City Attorney's Report 14. Licenses & Permits Kennel License Solicitor License * 15. Bills Upcoming Issues and Events 2010 07/12 – Council Meeting, Monday, 7:00 p.m. 07/13 – Council Work Session, Tuesday, 6:30 p.m. 07/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot) 07/26 – Council Meeting, Monday, 7:00 p.m. 07/27 – Council Work Session, Tuesday, 6:30 p.m. 07/28 – Fire Advisory Board, Wednesday, 8:00 a.m., Fire Station 2 08/03 – Candidate Filing Opens for November 2 General Election, Tuesday 08/03 – National Night Out 08/04 – Planning Commission Work Session, Wednesday, 5:30 p.m. 08/07 – City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m. 08/09 – Council Meeting, Monday, 7:00 p.m. 08/10 – Primary Election, 7:00 am – 8:00 p.m. 08/11 – Council Work Session, Wednesday, 6:30 p.m. 08/16 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Doug Franchot) 08/17 – Candidate Filing Closes for November 2 General Election, Tuesday, 5:00 p.m. 08/19 – Last Day for Candidate to File Withdrawal for November 2 General Election, Thursday, 5:00 p.m. 08/23 – Council Meeting, Monday, 7:00 p.m. 08/24 – Council Work Session, Tuesday, 6:30 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 10 ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Doug Franchot. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 6, 9, 11-16 and 18, 19 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JUNE 14, 2010 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of June 14, 2010, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL WORK SESSION OF JUNE 15, 2010 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council Work Session of June 15, 2010, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE Kang stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Michael LeQuay, P.O. Box 94, Crystal Bay, commented that he enjoyed the events on Big Island this past weekend but that the noise level from the secondary boat moor area was an issue. Murphy stated due to the wind blowing from the southeast, a number of people set up camp on the beach by the boat dock with live music, which was quite loud. LeQuay stated as it relates to county and state recreational parking, he has done some research and has found some addition to the ones not previously mentioned. In addition to parking at Maxwell Bay, Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 1 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 10 (PUBLIC COMMENTS, Continued) Noerenberg, and North Arm, there is also overflow parking for the Spring Park boat launching at the county yard, which is located in Orono. The DNR website for the Luce Line Trail also lists parking for the Stubbs Bay Trail in Long Lake, which is incorrectly labeled as Long Lake rather than Orono. LeQuay stated the City of Orono is currently contributing a significant amount of recreational parking and that parking for the Dakota Trail should be located in other areas. LeQuay asked for an update on that issue. Gaffron indicated he is scheduled to meet with Boe Carlson from Three Rivers next week to discuss additional parking areas. The Three Rivers Park District has not gone forward with designating parking in Orono but they are moving forward with designating parking in Mound and Spring Park. The City has also received a couple of letters and e-mails from residents in the neighborhood of the trail who are opposed to parking in the Crystal Bay area as well as along Railroad Avenue. At the present time no conclusions have been reached on the parking issue for Orono. PLANNING DEPARTMENT REPORT *4. #08-3355 CLEM KROLL, 60 STUBBS BAY ROAD SOUTH – PRELIMINARY PLAT EXTENSION – RESOLUTION NO. 5942 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5942, a Resolution Granting a Second Extension of the Preliminary Approval of a Subdivision for Property Located at 60 Stubbs Bay Road South. VOTE: Ayes 5, Nays 0. *5. #09-3395 RALPH COLT BAGLEY ESTATE, 1105 FERNALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 5943 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5943, a Resolution Amending Resolution No. 5841, for the property located at 1105 Ferndale Road West. VOTE: Ayes 5, Nays 0. *6. CITY OF ORONO – ADD CHAPTER 26 TO ORONO CODE ESTABLISHING LICENSING REQUIREMENTS FOR THERAPEUTIC MASSAGE SERVICES – ORDINANCE NO. 71, THIRD SERIES *#10-3461 LAUREN PATNODE/SEIDOU SALON SPA AND CITY OF ORONO – AMENDMENTS TO CHAPTER 78 OF THE ORONO CODE FOR THERAPEUTIC MASSAGE SERVICES – ORDINANCE NO. 72, THIRD SERIES Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 71, Third Series, an Ordinance Adding Chapter 31 to Title IV, Business, Licensing, of the Orono City Code Concerning the Licensing of Massage Therapy Centers and the Summary Ordinance. VOTE: Ayes 5, Nays 0. Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 72, Third Series, an Ordinance Amending the Orono City Code to Provide for Massage Therapy Center Uses in the B-1, B-3, and B-5 Zoning Districts and the Summary Ordinance. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 2 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 10 *7. #10-3469 FRANK MASSERANO ON BEHALF OF INTERNATIONAL MINISTERIAL FELLOWSHIP, 2477 SHADYWOOD ROAD – VARIANCES AND SITE PLAN AMENDMENT – RESOLUTION NO. 5944 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5944, a Resolution Granting Variances to the Orono, Minnesota, City Code Sections 78-736 and 78-1435 and Revising Resolution No. 5880, for the property located at 2477 Shadywood Road. VOTE: Ayes 5, Nays 0. *8. #10-3474 JAMES AND JUDITH PIERPONT, 1801 WEST FARM ROAD – PARTIAL VACATION – RESOLUTION NO. 5945 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5945, a Resolution Vacating Part of a Drainage and Utility Easement for the property located at 1801 West Farm Road. VOTE: Ayes 5, Nays 0. *9. AMEND ORDINANCE NO. 66, THIRD SERIES, 2010 FEE SCHEDULE – ORDINANCE NO. 73, THIRD SERIES CONSULTANT FEE PASS-THROUGH AND APPLICATION CREDIT POLICY – RESOLUTION NO. 5946 Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 73, Third Series, an Ordinance Amending Ordinance No. 66, 3rd Series, 2010 Fee Schedule, Regarding Fees Related to Zoning Permits. VOTE: Ayes 5, Nays 0. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5946, a Resolution Establishing the Policy Regarding Consultant Costs for Land Use, Zoning Permit and Building Permit Applications. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Franchot asked whether the City has heard anything from the Long Lake City Council on the water capacity issue. White stated they have not received any additional information. Loftus indicated she e-mailed the Long Lake City Administrator last week and also earlier today but has not heard back. Murphy commented that he appreciates all the work that the volunteers did over the weekend and that approximately 540 people visited Big Island on Saturday and Sunday. There were a couple of logistic issues due to the large number of people who visited the island, which resulted in some people waiting longer than anticipated for a ride back to the main land. Murphy concurred that the noise was an issue and that the committee will be discussing that. Murphy noted that Gabriel Jabbour did an outstanding job getting Big Island ready for the event as well as providing food and refreshments for the crew of the Minnehaha. Overall the event was successful from a public relations point of view. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 3 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 10 (MAYOR/COUNCIL REPORT, Continued) McMillan recommended that a thank you letter from the City be sent to Gabriel Jabbour. Murphy noted he did ride through the Casco Point area and that the road improvement work looks great. CITY ENGINEER’S REPORT 10. STREET CIP – SCHEDULE AND FUNDING OPTIONS Kellogg reported that City Administrator Loftus, Ron Olson, Don, and himself followed up from the April 26th meeting in terms of prioritizing the street projects. The first option listed in the report is the way the current CIP reads. Watertown Road is scheduled to be reconstructed in 2011 using MSA funds, Orono Orchard Road is scheduled for reconstruction in 2012, Willow Drive is scheduled for reconstruction in 2021 and Old Crystal Bay Road is scheduled for reconstruction in 2016. They have looked at the condition of the roads again and have concluded that both Willow Drive and Old Crystal Bay Road have significant problems and should be moved up on the CIP schedule. Kellogg stated if funding were not an option, he would recommend Option 2, but that given the circumstances with the funding, he would recommend Option 3. When the CIP was originally compiled approximately four years ago, cities were allowed to borrow ahead five years on their state aid, but due to the poor economy, that has since changed and is no longer allowed. The state aid reserves no longer exist but they will allow the cities to bond for the projects, with the City committing 90 percent of the previous annual allotment. White stated paved shoulders increase the cost of the project considerably and that perhaps the state should loosen up those requirements. Kellogg noted that Medina has just become eligible to become a state aid city. If Medina becomes a state aid city, Orono would have a small amount of mileage for roads going into Medina that they would be allowed to designate state aid routes. Currently the streets going into Medina cannot be designated as a state aid road, which would change if Medina becomes a state aid city. McMillan noted there were also some sewer and water expenses included in the Old Crystal Bay Road project. Kellogg stated utilities were replaced as part of the Casco Point project and that the utilities along Old Crystal Bay Road are older than the pipes they just replaced and that they really should be upgraded as part of the road reconstruction. Kellogg indicated he did have a conversation with the school regarding the project on Old Crystal Bay Road. One of the issues raised is that they have some storm water ponds on both sides of the road on the north end that may be able to become a cooperative project as it relates to storm water. A considerable amount of thought will need to be put into redesigning the road to address safety issues and that they will consider possibly adding turn lanes. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 4 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 10 (10. STREET CIP – SCHEDULE AND FUNDING OPTIONS, Continued) Murphy asked if the improvements to Watertown Road have been discussed with Long Lake so that the stretch of road from Willow to the east can also be improved at the same time. Kellogg indicated it is his understanding that Jessica has spoken with Long Lake staff regarding the Watertown Road improvements. Kellogg noted that section in Long Lake would not be covered with state aid dollars. Murphy stated as it relates to Old Crystal Bay Road, he would like to work with the schools as much as possible to make sure that the road is as safe as possible. Olson stated under current state law, MSA allows the City to sell bonds and to use 90 percent of the money to pay principal and interest on those bonds, which should not impact the City’s tax levy significantly. Staff is estimating that the City would need to sell $1.4 million in bonds to fund the Old Crystal Bay Road project. That estimate could be less depending upon the contribution by MSA. Kellogg noted they still have to finalize the agreement. Olson stated $1.4 million is perhaps the worst case scenario. The City would sell the bonds under the pavement management plan. Orono Orchard Road is currently on the schedule for 2012. Olson stated in his opinion the City can complete the work on Orono Orchard Road and Old Crystal Bay Road in 2011 without straining the City’s levy. Olson stated as it relates to the City’s tax capacity rate, if the $1.4 million is bonded this year, it would impact it by .41 percent. It is projected to be at 15.13 next year, which would raise it to 15.54. Olson stated he also does not believe that the tax capacity rate tells people whether they are taxing enough to pay for various infrastructure improvements. Olson noted that bids are currently coming in 25 percent under estimate. By moving ahead with the projects now, the City can capitalize on historically low bond rates and take advantage of a very good bidding environment. Olson commented he is not sure how long that situation will last. Franchot asked what the impact would be on interest payments if the interest rates were one percent higher between 2013 and 2016. Franchot commented it does not sound like there is a significant difference between Options 2 and 3 and that it might be better to go ahead with all the work rather than to do some now and some later. Olson stated a one percent higher interest rate would mean approximately $2 million more in bonds. Olson pointed out the City would not be getting enough money from MSA to pay the debt service and that it would impact the levy. Loftus stated the difference between Schedules 3 and 4 is the extra interest of approximately $150,000, so the City would end up paying an extra $150,000 in interest. Franchot stated he would not be opposed to moving some of the projects up and doing them all at one time in order to take advantage of the lower interest rates. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 5 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 10 (10. STREET CIP – SCHEDULE AND FUNDING OPTIONS, Continued) Kellogg pointed out the City would also be spending additional money to maintain Willow Road if the improvement work is not completed next year. Olson stated the City Council will need to decide whether to do Old Crystal Bay Road next year. Kellogg stated there are a number of issues that they will need to look at before construction can begin. Kellogg noted they did conduct traffic and pedestrian counts already before the school year was over this spring. Franchot noted the City’s projects this year came in considerably under budget and asked where those unused funds go. Olson stated that money would remain in the MSA fund and could be used by the City on other projects. Kellogg stated the construction fund remains at the state and the funds are allocated as the projects are finalized. Kellogg indicated the money left over from those other two projects could be used on future projects. Franchot stated given the low bids, the leftover MSA funds, and the money that would be saved from not having to maintain Willow Road for three additional years, he would recommend the City Council consider going with Option 2. Kellogg pointed out there are limitations on how large the MSA balance can be and that once the balance exceeds a certain level, the City could incur penalties. Kellogg stated the City’s balance currently is a little over $1 million, but that presently they are not close to being at the maximum level. Olson stated the City would need to update those figures and that he anticipates bringing a new pavement management plan to the Council depicting all the improvements for 2010 through 2015. McMillan asked if the bonds are callable. Olson stated they could be but that they would have a higher interest rate. Olson stated he does not foresee interest rates falling in the next couple of years. Bremer indicated she would be in favor of moving the project on Old Crystal Bay Road up. Olson noted work on Old Crystal Bay Road will need to commence very quickly. Murphy stated it appears that on average the City will spend $900,000 every year on various projects and that the City Council should look at what other projects will be coming in the future as much as they can and also determine what the tax impact will be. Murphy stated he would like to capitalize on the current low interest rates as much as possible. LeQuay noted that the City’s Comprehensive Plan defines a public city street as 50 feet and that Railroad Avenue is shown as a city street but it is only 40 feet wide. LeQuay asked why that is considered a city street when it does not meet the requirements and that he would request that street not be widened any Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 6 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 10 (10. STREET CIP – SCHEDULE AND FUNDING OPTIONS, Continued) further. LeQuay noted it used to be a one lane country road in 1964 and that over the years it has gotten wider. White stated the area for the street was acquired a number of years ago and that the City can pave the street as wide as they want as long as they stay within that specified area. That defined area is the real width of the public right-of-way and the City and/or county has the ability to widen the streets to that width if it chooses. If the City elects to widen the road beyond that area, they would need to acquire additional land outside of the current right-of-way. Kellogg stated the right-of-way is 40 feet wide but not the street. The purpose of the 50 foot right-of-way in the Comprehensive Plan is for new development. Historically there are some areas in the City where no right-of-ways exist and that the City has to reconstruct the streets as they currently exist in those areas. Bremer moved, Franchot seconded, to revise the current street CIP in accordance with Option 3 outlined in the June 25, 2010 Finance Director/City Engineer’s Report, and to approve rescheduling the work on Old Crystal Bay Road to 2011. VOTE: Ayes 5, Nays 0. *11. BID AWARD – McCULLEY ROAD GUARDRAIL INSTALLATION PROJECT Murphy moved, Bremer seconded, to award the McCulley Road Guardrail Replacement Project bid to H&R Construction Co., in an amount of $30,738.00. VOTE: Ayes 5, Nays 0. *12. BID AWARD – WILLOW DRIVE SOUTH MILL AND OVERLAY PROJECT Murphy moved, Bremer seconded, to award the Willow Drive mill and overlay bid to Wm. Mueller & Sons, Inc., in an amount of $194,381.75. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *13. POLICE OFFICER LABOR AGREEMENT FOR 2010 Murphy moved, Bremer seconded, to approve the “Labor Agreement Between the City of Orono and Law Enforcement Labor Services (Local No. 40) – Patrolmen 2010 attached to the City Administrator’s Report dated June 28, 2010. VOTE: Ayes 5, Nays 0. *14. 2010 NON-UNION COMPENSATION ADJUSTMENTS – RESOLUTION NO. 5947 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5947, a Resolution Amending Resolution No. 5897 Pay Plan Adjustments for Non-Union City Employees for 2010. VOTE: Ayes 5, Nays 0. *15. MINNETONKA BEACH BUILDING INSPECTIONS AGREEMENT Murphy moved, Bremer seconded, to approve the Amended and Restated Building Inspections Agreement with the City of Orono, a Minnesota municipal corporation, and the City of the Village of Minnetonka Beach, a Minnesota municipal corporation. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 7 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 10 *16. FIXED ASSET CAPITALIZATION Murphy moved, Bremer seconded, to establish a capitalization threshold of $5,000 for fixed assets in proprietary funds. VOTE: Ayes 5, Nays 0. 17. BIG ISLAND NATURE PARK REGULATIONS – ORDINANCE NO. 74, THIRD SERIES Gaffron stated there are two versions of the ordinance before the City Council tonight. From Staff’s perspective, they have no strong feelings on whether there should be a permit requirement included. A number of items that people would like to do are currently not allowed under different sections of the Code. Gaffron pointed out that given the fact that there are no restroom facilities available, weddings and corporate picnics would be difficult to accommodate. Gaffron stated one of the issues raised earlier tonight was the noise and that he is not sure whether the City can regulate noise coming off of a boat on the water. Beaching boats to the point where the beach becomes unusable is also a potential issue. Gaffron indicated he is not sure how that can be addressed unless the City Council is interested in perhaps buoying off an area of the beach to allow for swimming. White asked what the costs have been to keep the island litter free. Gaffron stated a significant amount of that cost has been borne by the residents on the island. The City does incur some costs associated with putting the docks in and out each year and other minor items. Gaffron noted that approximately $10,000 was spent on the CSO in 2009 in addition to the cost of the boat, which was a one-time expense. Murphy indicated he would like to hear what the recommendation of the Big Island Committee is regarding the ordinance. McMillan stated the permit issue was undecided at the last meeting but that they were in favor of the other parts of the ordinance. McMillan indicated she would like to work out the permit issues in the subcommittee. White pointed out the permit language could be added later. Franchot stated in his opinion it is likely the committee will not reach a conclusion on the permitting language and that the City has to be accepting of the limitations of no permits. Franchot recommended the language “employees and/or agents” be added in the event there is a contract entered into. Gaffron concurred with that recommendation. Franchot indicated he is okay with moving forward with the ordinance without the permits. Bremer asked if the City can have a public park without allowing for permits. Mattick stated they can. Bremer asked whether Item D on Page 2 of 6 of the draft ordinance is enforceable and whether that is similar to the other parks. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 8 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 10 (17. BIG ISLAND NATURE PARK REGULATIONS, Continued) Gaffron stated all of the City parks are subject to a special events permit. City Clerk Vee noted there was a filming company that requested the ability to utilize Summit Beach a few years ago and that the City issued a permit to allow them to be on the beach. Bremer stated typically the City does not allow people to reserve a park. City Clerk Vee stated people have called City Hall asking about reserving a park, but the City has not allowed reservations in the past. Gaffron indicated the special events, private events, and large assemblies would be governed under other sections of the City Code. Bremer asked whether Items C and D are consistent with how the City handles other parks. Gaffron stated in his opinion they are. Mattick noted special events are already defined in the City’s Code and that the City Council could eliminate Item D if they do not want to have any special events, etc., on Big Island and that they would be covered under Item C. Murphy stated he is not in favor of having a special permit section in the ordinance. Gaffron stated the definitions contained in Section 66 define a private event as any private function or special event that exceeds normal levels of city public service and requires special service from city departments. The special event permit is in a section that addresses traffic and vehicles and that the section is primarily geared toward traffic control. Mattick noted in the past the special event permits have been issued for the Parade of Home house tours. Bremer commented marathons and bike races would fall under the special event definition as well. Murphy stated the operative words between the two might be private events. Franchot asked what the difference is between a charity hosting a function on the island and the event with the Minnehaha this past weekend. Murphy stated the boat basically just drops the people off at the island and acts as a ferry service. Mattick stated his office and Staff could look at that issue further. Bremer stated a group could not reserve the area but that they would be allowed to use it. Bremer moved, McMillan seconded, to adopt ORDINANCE NO. 74, Third Series, an Ordinance Amending Chapter 22 of the Orono Municipal Code by Adding Article IV Regarding Regulations Applicable to Big Island Nature Park, with the addition of the words “and/or agents” under 22- 106(b)(3). VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 9 of 10] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 28, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 10 *18. HENNEPIN COUNTY ELECTION EQUIPMENT LEASE AGREEMENT Murphy moved, Bremer seconded, to approve the Amendment to Contract No. A052266, Hennepin County/City of Orono Lease Agreement, which adds one M100 optical scan unit, ballot box and carrying case to be used for processing absentee ballots to the original lease agreement. VOTE: Ayes 5, Nays 0. *19. CANCEL JUNE 29, 2010, COUNCIL WORK SESSION Murphy moved, Bremer seconded, to cancel the Orono City Council work session scheduled for June 29, 2010, at 6:30 p.m. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT None *20. LICENSES & PERMITS None *21. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 8:24 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _______________________________________ _______________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 07/12/2010 Approval of Council Minutes 06/28/2010 [Page 10 of 10] Item #03 - CC Agenda - 07/12/2010 Tobacco-Free Youth Recreation, Orono Youth in Action [Page 1 of 1] Item #04 - CC Agenda - 07/12/2010 2009 Comprehensive Annual Financial Report [Page 1 of 1] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #05 - CC Agenda - 07/12/2010 File #10-3473 [Total Pages 33] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #06 - CC Agenda - 07/12/2010 File #10-3472 [Total Pages 78] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #07 - CC Agenda - 07/12/2010 File #10-3475 [Total Pages 17] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 1 of 6] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 2 of 6] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 3 of 6] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 4 of 6] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 5 of 6] Item #08 - CC Agenda - 07/12/2010 Amendment to City Code Chapter 46: Fire Protection and Prevention [Page 6 of 6] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09a - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Use Standards [Total Pages 10] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #09b - CC Agenda - 07/12/2010 Zoning Text Amendment - Conditional Uses in Single Family Zoning Districts [Total Pages 13] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 1 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 2 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 3 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 4 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 5 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 6 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 7 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 8 of 9] Item #10 - CC Agenda - 07/12/2010 Request for Payment No. 10, Casco Point Reconstruction Project [Page 9 of 9] Item #11 - CC Agenda - 07/12/2010 Old Crystal Bay Road Traffic Study [Page 1 of 3] Item #11 - CC Agenda - 07/12/2010 Old Crystal Bay Road Traffic Study [Page 2 of 3] Item #11 - CC Agenda - 07/12/2010 Old Crystal Bay Road Traffic Study [Page 3 of 3] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 1 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 2 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 3 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 4 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 5 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 6 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 7 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 8 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 9 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 10 of 11] Item #12 - CC Agenda - 07/12/2010 Lift Station 12 - Approve Pland and Specs and Advertise for Bids [Page 11 of 11] Item #13 - CC Agenda - 07/12/2010 Approve Payment - Big Island Fence [Page 1 of 3] Item #13 - CC Agenda - 07/12/2010 Approve Payment - Big Island Fence [Page 2 of 3] Item #13 - CC Agenda - 07/12/2010 Approve Payment - Big Island Fence [Page 3 of 3] Item #14 - CC Agenda - 07/12/2010 Licenses & Permits [Page 1 of 3] Item #14 - CC Agenda - 07/12/2010 Licenses & Permits [Page 2 of 3] Item #14 - CC Agenda - 07/12/2010 Licenses & Permits [Page 3 of 3] Item #15 - CC Agenda - 07/12/2010 Bills [Page 1 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 2 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 3 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 4 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 5 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 6 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 7 of 8] Item #15 - CC Agenda - 07/12/2010 Bills [Page 8 of 8]