HomeMy WebLinkAbout07-26-2010 Council Packet Agenda for Council Meeting Set for Monday, July 26, 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 July 12, 2010
* 3. Council Work Session of July 13, 2010
Planning Commission Comments – Linda Feuss, Representative
Public Comments – (Limit 5 Minutes Per Person)
Planning Department Report
4. #10-3478 James D. MacKinnon, “3500” Watertown Road – Final Plat – Resolution
* 5. #10-3481 Nicholas and Jodeen Kozlak, 1635 Bohns Point Road – Variance Renewal – Resolution
Mayor/Council Report
City Engineer’s Report
6. Accept Quotations for Manhole and Lift Station Grouting
7. Emergency Repair of Lift Station 22 (3882 Shoreline Drive)
City Administrator's Report
8. Update Investment Policy – Resolution
9. Quarterly Finance Report
10. Disposal of Radar Unit and Other Police Equipment
11. Liquidation of Forfeited Vehicles
City Attorney's Report
12. Licenses & Permits
Gambling Permit
Solicitor License
* 13. Bills
Agenda for Council Meeting Set for Monday, July 26, 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
Upcoming Issues and Events
2010
07/26 – Crystal Bay Road Neighborhood Meeting, Monday, 5:30 p.m.
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
07/28 – North Farm Road Sewer Project Neighborhood Informational Meeting, Wednesday, 6:30 p.m.
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, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 16
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 Attorney Soren Mattick, 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 to 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 5 and 10 through 14 were added to the Consent Agenda.
McMillan moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF JUNE 28, 2010
McMillan moved, Murphy seconded, to approve the minutes of the Orono City Council meeting of
June 28, 2010, as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
3. TOBACCO-FREE YOUTH RECREATION, ORONO YOUTH IN ACTION
Karissa Wentzel, Program Coordinator for Hennepin County with Tobacco-Free Youth Recreation,
was present.
Gretchen Vandeputte, Advisor for Orono Youth in Action, addressed the Orono City Council on their
policy proposal for tobacco-free parks and outdoor recreation areas in Orono. The Youth in Action
program had over 50 students that received credit for their participation in the program this year, which is
the highest number of participants ever. The program is open to all students in grades 9-12.
Sara Stark distributed an informational packet to the City Council.
Ben Engler stated the goal of Tobacco Free Recreation is to remove tobacco related activity in all public
owned recreational areas, such as playgrounds, parks, athletic fields, docks, and golf courses. This policy
will help create a healthier environment for the youth in the community. Inclusion of all of these facilities
will help eliminate any confusion over the policy.
Ashley Melgo stated over the last six months the group has attended training sessions, which have
allowed them to become knowledgeable about the negative impacts of tobacco. In 2005, enough cigarette
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 1 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 16
(3. TOBACCO-FREE YOUTH RECREATION, ORONO YOUTH IN ACTION, Continued)
butts were collected internationally that if they were stacked end to end, they would go to the moon and
back twice. The students of Orono have collected over 260 petitions and letters of support from
concerned citizens. The petitions and letters not only demonstrate community support for the policy but
also awareness throughout the community. The students have also met with the Orono Police Chief to
educate themselves about the use of tobacco within the community.
Melgo stated there are currently 115 tobacco free park policies throughout the Minneapolis/St. Paul area.
Youth in Action would like Orono to be a trend setter in the western suburbs. Other surrounding cities
who have adopted this policy include the cities of Plymouth, Edina, Eden Prairie, Golden Valley and
Maple Grove. Plymouth’s superintendent of recreation has found their policies to be successful and has
found that peer pressure and signage provides enough incentives to keep the parks tobacco free.
In 2004, the University of Minnesota conducted a study that found that 90 percent of the park and
recreational directors surveyed would recommend adopting this type of policy to other cities. Fifty-eight
percent of those directors also reported less litter in the parks after the adoption of the policies. Youth in
Action believes it would be a positive step in Orono to adopt a tobacco free policy.
Jay Peppin stated the policy would also help stop people from breathing in second-hand smoke. Parks are
intended to allow people a place to relax, entertain, and play. Allowing tobacco in those areas would
defeat those purposes.
Elizabeth Fossen stated cigarettes are the number one littered item in the world and they contain a number
of lethal chemicals. A 10-pound dog only needs to eat two to four cigarette butts to show signs of
toxicity. These materials take anywhere from 1.5 to 10 years to decompose. In addition, these chemicals
seep into the ecosystem.
On April 26th, the Youth in Action students collected litter at Hackberry Park and Summit Beach. Within
an hour and a half, approximately a gallon and a half of litter was collected. This litter demonstrates that
Orono does have a significant amount of tobacco use and litter in the parks currently. A policy like this
would help to reduce the amount of money spent on keeping the parks clean.
Another chief concern is the impact that adults have as role models. Adults have a great amount of
influence on the surrounding children, and the less children are exposed to tobacco smoke, the more
positive impact it will have on their children. Tobacco use is currently not allowed on school grounds and
in public buildings, and adopting a policy restricting tobacco use in public parks will help create a more
consistent message.
Elizabeth Macko stated second-hand smoke is the leading cause of preventable death in the United States
and is classified as a known human carcinogenic by the Environmental Protection Agency. In outdoor
public areas, second hand smoke can reach the same level as indoor facilities where smoking is allowed.
More than 4,000 chemicals are released into the air from one cigarette and many of these chemicals are
toxic to others who are not smoking. In the United States, there are approximately 46,000 nonsmokers
who live with smokers that die annually from heart disease as a result of second-hand smoke. In addition,
there are also 3,400 lung cancer deaths annually in nonsmoking adults. By eliminating tobacco use in our
outdoor areas, such as public parks, people would be protected from the negative health consequences of
second-hand smoke.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 2 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 16
(3. TOBACCO-FREE YOUTH RECREATION, ORONO YOUTH IN ACTION, Continued)
Ellie Houston stated the study by the University of Minnesota has also found that there were few
enforcement problems reported with these policies. In 2004, a survey was sent out to 1500 randomly
chosen Minnesota residents. Of those 1500, 70 percent had used a city park within the last month. Of
those that used the park, 70 percent support the tobacco free policies in parks and other recreational areas.
Overall, with this type of policy in place, communities have found less litter and an increased use in the
parks. Various means of enforcement include use of local media, manuals, and newsletters. The most
effective means of enforcement is through the use of signs that can be placed at a number of various
locations, such as playground entrances, athletic fields, trails, parks, docks, beaches, etc. Community
members will also have the ability to ask smokers not to smoke in these areas since it is no longer
allowed.
Engler requested the City Council give strong consideration to adopting this policy for Orono’s parks and
recreational areas.
White commented the amount of cigarette butts collected by the students at Hackberry and Summit Beach
is appalling. White commended the students on doing a good job presenting their data and rationale for
the policy.
Murphy commented he is in support of the policy and asked where the State of Minnesota stands on this
policy. Murphy noted the Luce Line Trail goes through the City of Orono but they are managed by the
DNR.
Karissa Wentzel stated they have not done any direct work with the DNR but that they have worked with
the Three Rivers Parks District and their trails and parks are not currently under this policy. Wentzel
indicated they typically work with cities but that they would be willing to contact the DNR and provide
them with information on the policy.
McMillan complimented the students on their fine presentation. McMillan noted that some of these were
policy statements and some were ordinances.
Mattick stated the City does have some rules and regulations already governing city parks and that he
would recommend codifying it rather than implementing a policy since it would be easier to enforce and a
penalty could be applied.
White thanked the students for coming to tonight’s meeting and presenting their findings.
Bremer indicated she is in support of the concept and that it will be necessary to have staff draft the
necessary documents for approval.
Bremer moved, Franchot seconded, to direct staff to draft a resolution consistent with the
discussion banning all tobacco-related products in Orono’s city parks. VOTE: Ayes 5, Nays 0.
Wentzel requested that she receive notification when the Council has an ordinance or resolution for
adoption as the youth group would like to attend the meeting.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 3 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 16
4. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT
Craig Popenhagen and Michelle Bruley with Larson Allen were present.
Popenhagen addressed the City Council regarding the 2009 CAFR. As it relates to required
communication, Popenhagen indicated they did receive all requested information from Staff in a timely
manner, which enabled them to complete all the financial statements on time and allow them to apply to
the Government Finance Officers Association for the Certificate of Achievement in Excellence in
Financial Reporting.
The audit provides reasonable but not absolute assurance that all financial statements are in compliance
with all accounting principles. Popenhagen indicated there is one new accounting policy adopted this
year regarding post-employment benefits. Post-employment benefits is an actuarial calculation that looks
at the value employees earn over the life of their career with the City as it relates to post-employment
health insurance.
Larson Allen has issued a clean opinion on all the financial statements, which means the City was in
compliance with all accounting standards. As it relates to internal controls, preparation of financial
statements and segregation of duties, given the small number of staff working on the financials, it makes
it difficult to achieve a full segregation of all the duties without hiring additional staff. Popenhagen
indicated bank account reconciliations were late but have been brought up to date.
Minnesota legal compliance is a report that is issued following a litany of audit programs that are
published by the State Auditor’s Office. There were no exceptions this year in regard to that.
Bruely pointed out in 2005 there was a spike in the other government funds unreserved fund balances due
to the purchase of Big Island in 2005 and the issuance of street bonds in 2008. As it relates to revenue, in
2005, the state grant for Big Island was received and in 2007 municipal state aid for the bridge project
was received, which resulted in some spikes in revenue. The majority of the revenues consist of property
taxes. Licenses and permits were down in 2009 due to the economy and state budget cuts. As it relates to
expenditures, in 2006 there was the purchase of Big Island, which resulted in a spike that year in
expenditures.
Popenhagen indicated the enterprise funds chart is a new chart from last year and compares the operating
income after the operating funds have been expended from the water, sewer, and storm water funds. All
funds are operating at a slight loss. In 2007, there was a very significant amount of operating income for
two development projects and increased the City’s income in that year. As it relates to unrestricted
enterprise assets, the utility funds are at a financially healthy, stable level.
The golf course has experienced losses over the past three years. That improved somewhat in 2009 due to
a higher number of rounds of golf being played but it is still at a slightly negative cash flow The golf
course after 2009 will likely need some financial support from other sources.
Bruley illustrated the future debt service of the City for the next five years if no new debt is issued. There
will be a slight drop in the City’s debt service in 2014 due to the 2004 B Bonds being paid off. Two new
standards, GASB No. 51, which governs accounting and financial reporting for easements, will become
effective in 2010, and GASB No. 54 relates to fund balance reporting and goes into effect in 2011.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 4 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 16
(4. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued)
Murphy asked if Larson Allen has any opinion or data on whether a $1.2 million debt service is
reasonable for Orono and how Orono compares with other comparable cities with their debt service.
Popenhagen indicated for the City of Orono, the amount of outstanding debt is lower than other
comparable cities. Larson Allen does not foresee a problem with that amount of debt in the years going
forward due to a strong financial base.
Franchot asked whether the funding status on unfunded accrued liabilities is a significant issue.
Popenhagen stated it is usual not to have it funded. Funding for this type of liability requires a separate
irrevocable trust set up between the plan partners. The city uses the pay as you go method for this
liability.
Franchot asked if this is the type of issue that Duluth and the City of Minneapolis are currently dealing
with.
Popenhagen stated it is somewhat similar to that but that those specific issues relate to pensions.
Popenhagen noted it is something to keep an eye on but it is not a serious issue at the present time.
White noted Orono is one of the lowest taxed cities in Minnesota due in large part to keeping expenses
low and maintaining the same number of office personnel for the past 12 to 15 years.
McMillan commented that she appreciates the recommendations provided for internal controls and
suggested that the City Council look at those more closely to see whether they can be implemented.
McMillan stated she would also like the City Council to revisit their investment policies.
Murphy stated he is pleased that this audit has been completed on time for the first time in three years and
that it speaks well to Ron Olson and staff.
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
McDermott reported that the LMCD has cancelled some of their summer meetings due to limited activity.
There are two major agenda items this year. The Wayzata Yacht Club is looking to change some of their
boat slips and dockage. In addition, the Carlson property in Minnetrista will be subdivided in the near
future and there are some dock issues that will need to be reviewed in connection with that subdivision.
The LMCD received a proposal approximately one month ago requesting permission to operate a general
store on the lake out of a pontoon. The LMCD will be looking into whether that type of operation will be
approved. Lake Geneva allows a similar activity.
Murphy asked whether the LMCD has a position on the Chaudrey matter in the state legislature.
McDermott stated it appears that someone associated with Chaudrey participated in the Pro Bass
tournament and that he is the one pushing for the elimination of the LMCD and also the White Bear Lake
group because he felt it was duplication to have to go through both bodies. The LMCD has not had any
serious conversations about the matter at this point in time.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 5 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 16
(LMCD REPORT, Continued)
White stated at the local mayors meeting two months ago it was the general consensus that it would not
be a good idea to eliminate the LMCD.
McDermott reported that milfoil harvesting on any of the bays receiving chemical treatment has been
suspended until the five year program is over.
McMillan asked if the number of charter boat licenses were down.
McDermott indicated they are at about the same level.
Murphy stated in his opinion there are fewer trips being made but that the charter owners are still
maintaining their licenses.
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
Susan Seeland asked the City Council to review their Natural Resource Inventory, MLCCS and functional
assessment of wetlands since the information is incorrect as it relates to their property. Seeland pointed
out there is a drainage ditch that runs from the Middle School hockey arena area which is now being
labeled as a stream. Aerial photos dating back to the 1930s shows that it is not a stream and never was a
stream and is part of the City’s storm water system that drains into the wetland.
There is also a wetland on their property that is labeled as a Manage I, which is also incorrect and should
instead be labeled as a storm management pond. In addition, it is also labeled as a wetland prairie, which
is incorrect. Seeland indicated she is not sure why these things are being labeled incorrectly and that she
would like them corrected.
White asked whether Staff has been made aware of these inaccuracies.
Seeland indicated she has spoken with Mike Gaffron, the Minnehaha Watershed District, and the
Metropolitan Council. Her property has also been designated as a regional significant ecological area,
which was never disclosed to her. If it is classified as that, it means that the City intends to purchase the
property, which she is not aware of. Seeland stated in her view individual property rights are not being
respected. The Orono Service Water Management Plan, along with the CIP, includes a nine acre wetland
on their property, which means that the City intends to raise the outlet and change its function as part of a
public project. Seeland commented she was not informed of that.
White stated a number of items are outlined in the plan but it does not mean that it will be funded and
completed.
Seeland indicated she cannot keep up with the bureaucracy as it relates to all of the different
environmental assessment reports that have already been done. WSB did a report in 2007, but the City
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 6 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 16
(PUBLIC COMMENTS, Continued)
does not have a copy, Hennepin County does not have a copy, and the Minnehaha Watershed District
does not have a copy. The Army Corps of Engineers is now doing another environment assessment
report and they have labeled a stream on their property.
Gaffron stated he is only briefly aware of the situation and requested something in writing from Ms.
Seeland so Staff can respond to the concerns.
Seeland indicated she will be meeting with Jeff Johnson, Hennepin County Commissioner, regarding
falsified natural resource information on her property, which has happened more than once. In 1995 it
was not on the radar when they started the greenway corridor or the City’s functional assessment.
MLCCS has determined that it is a Manage I wetland prairie, which is not possible. Seeland stated she
feels the situation is out of control due to the number of agencies that are involved. For ten years it was
labeled as native prairie. In 1997 it was placed on the greenway map.
Seeland requested those items be changed. Seeland stated she does not feel the government has the right
to bombard individual property owners with all of this paperwork and regulations.
White requested that Ms. Seeland’s concerns be put in writing and submitted to Staff so they can review
the situation.
Seeland commented she is not included in the Metropolitan’s future sewer area, which is also an issue.
PLANNING DEPARTMENT REPORT
*5. #10-3473 CITY OF ORONO – AMEND CONDITIONAL USES WITHIN RPUD
DISTRICT – ASSISTED LIVING – ORDINANCE NO. 75, THIRD SERIES
McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 75, Third Series, An Ordinance
Amending Chapter 78 of the Orono Municipal Code by Amending Sections 78-1 and 78-624 to add
“Assisted Living Facilities” as an Allowed Conditional Use in the RPUD Zoning District. VOTE:
Ayes 5, Nays 0.
6. #10-3472 WELSH SENIOR HOUSING, 875 WAYZATA BOULEVARD WEST –
CONCEPT PLAN – RESOLUTION NO. 5948
Bob Erickson, Welsh Companies; Steve Johnston, Civil Engineer with RHO Development; Brian Lubben
with Genesis Architecture; Ted Jokers, Director of Finance with Welsh Companies; and Julie Murray,
Ecuman, were present.
Curtis stated the Welsh Companies is requesting approvals in order to develop 875 Wayzata Boulevard
West with a 55-unit, assisted living and memory care facility. Ecumen will operate the facility. Included
with the RPUD concept plan approval is a request for a comprehensive plan amendment to allow 27,465
square feet of structure where 20,000 square feet is currently permitted; RPUD conditional use permit for
assisted living; and ultimately a rezoning from RR-1B to RPUD.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 7 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 16
(6. #10-3472 WELSH SENIOR HOUSING, 875 WAYZATA BOULEVARD WEST, Continued)
The applicant has requested a semi-concurrent application review process for concept and master
development plan approval. Therefore, the developer is requesting the Council approve the resolution so
that they may continue with master development plan approval at the Planning Commission’s July 19th
public hearing.
Following Council approval of the RPUD concept plan, the applicant will apply for master plan
development plan approval, which is the final step in the RPUD process as well as a RPUD conditional
use permit and the rezoning of the property. The Planning Commission will hold a public hearing to
review and make a recommendation on the master development plan prior to placement on a Council
agenda for approval.
The Planning Commission voted 5-0 to recommend approval of the concept plan.
Curtis illustrated the site plan for this proposal.
Erickson stated they have been working closely with Staff for several months and have found the
experience to be favorable.
Lubben stated they have conducted a market study a few months ago and have found that there is a
demand for this type of facility in Orono. There will be 55 total senior living dwelling units consisting of
20 memory care, 10 enhanced assisted living, and 25 assisted living units.
The building will be a bungalow style with the exterior consisting of stone veneer, fiber cement siding,
and steep roof slopes that slope down at the ends to give it a more ground hugging appearance. Lubben
stated in their view it fits well with the site and blends in with the rural character of Orono. The building
height has been revised to approximately 28 feet above grade. The perimeter of the site is heavily
wooded with a significant number of mature trees. The building is well concealed within the site.
A number of amenities have been incorporated into the building, including a lobby/reception area,
community room, a chapel, library, conference room, a main dining area and a memory care dining area,
a salon/spa, a card room, and generous eight-foot wide corridors. In addition, there will also be a storage
area, offices, nurse’s stations, a commercial kitchen, a staff room, two laundry rooms, and a loading area.
The building will be sprinklered throughout. Sitting areas near the entrance have also been added, along
with a terrace at the community room, chapel, and private dining areas. There will also be an exercise
sidewalk encircling the building.
Murphy asked for a breakdown of the different types of levels being proposed for the care at this facility.
Julie Murray stated in Minnesota a person is able to move into an assisted care facility as an independent
and not add services, which allows for aging in place. As the resident ages, they may need to be moved to
another unit within the memory care unit or enhanced living unit. This type of arrangement allows for
more flexibility than nursing care at a private pay rate. Murray stated they are finding that people are
waiting longer to move to a different unit.
McMillan asked what kind of clientele is being targeted for the two bedroom units.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 8 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 16
(6. #10-3472 WELSH SENIOR HOUSING, 875 WAYZATA BOULEVARD WEST, Continued)
Murray stated there will be five 2-bedroom units and that there will be a mix of clientele. At times a
relative will move in or an individual will just want the extra space and that it is nice to have the options
with the different size units. The smaller and larger units tend to sell out quicker.
McMillan commented she likes the flexibility in the size of the units.
Murphy noted he did not see cooking facilities in the units.
Murray indicated there is a kitchenette type structure within the units, which would include a range and a
microwave in the one bedroom units. The studios are designed more for the assisted living and do not
contain those items since the residents would be receiving all three meals. A kitchen is also available for
those residents who may want to cook a meal periodically. Murray stated they have tended to find that
the residents simply do not use the appliances and so they are disconnected to prevent accidents.
Lubben illustrated the construction materials they are proposing to utilize on the exterior of the facility.
Erickson stated Ecumen engaged the services of a qualified market analyst and that this region has been
evaluated thoroughly to ensure that they will be providing the appropriate services. That study has also
resulted in a number of amenities being incorporated into the building.
Erickson stated he would ask the City Council to reconsider two of the conditions listed in Staff’s report.
One is that there is a city code requirement that the private road be paved to a minimum width of 28 feet.
Welsh Companies would prefer to avoid that, which would enable them not to encroach closer to the
wetland setbacks and avoid adding additional pervious surface. In addition, the 28 foot width leaves the
impression of a more intense development.
Welsh Companies has followed the City’s new guidelines for conservation design master plan, which
states that they will be using the existing driveway alignment and width in order to minimize additional
impervious surface, limit corresponding storm water runoff, and maintain existing drainage patterns.
Welsh Companies would like the Council to give some consideration to the 24 feet width they are
proposing, particularly in light of the fact that there will be limited on street parking.
McMillan asked if the fire chief has commented on the width of the driveway.
Erickson stated to his knowledge they have not received the comments of the fire chief in relation to that
but that they have been given the okay on the clearances for the entrance canopy.
Erickson indicated the second item deals with the park dedication fees and that they would request they
be waived for the memory care units since the residents in those units will not be utilizing those park
facilities.
White asked what the difference is between preliminary plan approval and concept plan approval.
Mattick stated Welsh Companies is not going through the preliminary plat process because they are going
through a concept plan process. This application is not talking about 55 different lots but simply one
building with 55-units.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 9 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 16
(6. #10-3472 WELSH SENIOR HOUSING, 875 WAYZATA BOULEVARD WEST, Continued)
White commented that this is a well laid out plan on a somewhat difficult site and that it will be a great
asset for the community. White stated he does not have a problem with the 24-foot width of the
driveway.
McMillan asked whether Staff should look at the issue with the park dedication fees.
White stated in his opinion that would be the best approach.
Franchot indicated he is in agreement with Mayor White and that the project seems very reasonable.
Murphy stated he is looking forward to this project being completed in the near future and that it will be a
good improvement over what currently exists on the site.
Erickson stated Ecumen will be a partner in this endeavor with Welsh Companies and that they feel the
project will be economically viable.
Bremer noted Page 11 of the resolution contains a specific amount for the park dedication fees.
Curtis stated they can insert language in the resolution to the effect that the amount will be determined.
Mattick stated if the Council is comfortable waiving the fee on the memory care units, the amount can be
reduced by $65,000.
Bremer asked whether Staff would like to look at that issue any further.
Curtis indicated if Council finds the waiver appropriate, Staff does not feel it would be necessary to
review that issue further.
Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5948, a Resolution Approving the
General Concept Plan for property located at 875 Wayzata Boulevard West, with Page 4 and Page
8, Item 4C(1) being amended to reflect 24 feet for the width of the driveway rather than 28 feet, and
Pages 10 and 11 being amended to reflect park dedication fees in the amount of $113,700. VOTE:
Ayes 5, Nays 0.
*7. #10-3475 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH – VARIANCE –
RESOLUTION NO. 5949
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5949, a Resolution Approving
Average Lakeshore Setback Variances for Lot 1 and Lot 2. VOTE: Ayes 5, Nays 0.
8. AMENDMENT TO CITY CODE CHAPTER 46: FIRE PROTECTION AND
PREVENTION – ORDINANCE NO. 76, THIRD SERIES
Curtis stated Section 46-57 of the Orono Municipal Code, in certain zoning districts, allows fuel storage
tanks to be constructed or installed as close as 30 feet to the lakes, wetlands, streams or drainage ways.
This is in conflict with other sections of the code that require a 75-foot setback for structures and
hardcover from lakes, wetlands, streams or drainage ways.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 10 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 16
(8. AMENDMENT TO CITY CODE CHAPTER 46: FIRE PROTECTION AND PREVENTION,
Continued)
To correct this conflict, Staff is proposing two amendment options:
Option 1: Amend Code Section 46-57 to require a 75-foot setback for both underground and
above-ground fuel storage tanks from lakes, wetlands, streams or drainage ways where
currently a 30-foot minimum exists; or
Option 2: Amend Code Section 46-57 to require a 75-foot setback for both underground and
above-ground fuel storage tanks from lakes, wetlands, streams or drainage ways where
currently a 30-foot minimum exists; and amend Section 46-57 (1)(a) to include the
shoreland overlay district (1000’ from lakes and 300’ from streams), and the B-6 district
in the list of prohibited districts for aboveground tanks. The B-2 district will
continue to be an allowed district for new tank installations.
In light of the Council’s environmental concern with fuel storage in vulnerable locations, Staff initially
considered applying the prohibited districts to underground tanks as well. However, elimination of
underground storage tanks from all shoreland properties instead of only requiring a more restrictive 75-
foot setback may have unintended consequences; for instance, making existing fuel/heating oil storage
tankS nonconforming.
Murphy stated he would prefer Option 2 since it would be more stringent.
McMillan asked as it relates to either option whether the City would require property owners to remove
existing underground and above-ground tanks.
White stated it would not require the removal of existing tanks.
Loftus stated the main difference between Options 1 and 2 are the number of properties that would be
affected. If the properties are adjacent to a lake, stream or wetland, this would not affect them.
Curtis stated both options make it a 75-foot setback and that Option 2 would impact more properties. If
the City’s goal is to keep the tanks away from the lakes, both options would accomplish that, but if the
City’s goal is to keep them out of the 0-75 foot setback, more properties would be impacted with
Option 2.
Murphy suggested Staff look at all the implications of Option 2 and that he would be fine with Option 1
at this point in time. Murphy asked whether there are any restrictions regarding length of hose.
White stated there are some restrictions on the length of the hose.
Franchot commented the issue should be considered. Franchot asked how this would affect existing tanks
if they need to be replaced.
Gaffron stated an in kind replacement would be allowed but that the installation of a new tank where one
currently does not exist would be affected. Staff believes there are a number of fuel tanks that may not
be in use currently but are still located on the property.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 11 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 16
(8. AMENDMENT TO CITY CODE CHAPTER 46: FIRE PROTECTION AND PREVENTION,
Continued)
Mattick indicated the homeowner would still be responsible to maintain the tank in good condition.
Bremer moved, McMillan seconded, to approve Option 1 and adopt ORDINANCE NO. 76, Third
Series, an Ordinance Amending Chapter 46 of the Orono, Minnesota, City Code by Amending
Chapter 46 Regarding Fire Prevention and Protection. VOTE: Ayes 5, Nays 0.
9. #10-3454 CITY OF ORONO – ZONING TEXT AMENDMENT – CONDITIONAL USE
STANDARDS – ORDINANCE NO. 77, THIRD SERIES
Mattick stated the zoning text amendment is intended to make the conditional use permit standards be the
same on all CUPs.
Bremer asked why it matters under Section 1(a)(6) if the current use is compatible with the surrounding
area.
Mattick stated that language is basically verbiage from other conditional use permits and that under case
law the City could strike down the CUP if it is not compatible with the surrounding neighborhood.
Bremer commented she understands how that would apply to future CUPs but that this language refers to
existing conditional use permits.
Mattick stated the surrounding area would be the neighborhood.
Bremer indicates she understands what the city attorney is saying and that she agrees with it. Bremer
stated the word compatible with the surrounding area is used in the present tense and that she thought it
was implying that the proposed structure is compatible as it is presently used. Bremer stated in her view
there should be a word before used, such as area or as the area is used presently. Bremer suggested the
language read “compatible with the surrounding area as the surrounding area is used both presently and as
it is planned to be used in the future.”
Bremer commented it appears that Item 11 is a term of art and asked what creating vibration, dust, and
electrical interference refers to.
Mattick indicated that language came out of a piece of litigation in Roseville involving crematoriums that
the neighbors felt created too much dust and noise. The language requires the applicant to prove that they
will not create a significant amount of dust and vibration, et cetera.
Bremer stated as it relates to Item 12, she has a concern that the language “inconvenience to adjoining
properties” is going to be a constant complaint.
Mattick stated that phrase would need to be put to the reasonable test and that they would examine it from
how it has an immediate impact to the adjoining properties.
Turner indicated she has seen that language used more in a business area as it relates to parking.
Bremer suggested that the words negative impact be considered.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 12 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 16
(9. #10-3454 CITY OF ORONO – ZONING TEXT AMENDMENT – CONDITIONAL USE
STANDARDS, Continued)
Mattick stated if traffic becomes an issue, the City could require a traffic study. Any intensification of a
use will likely be an inconvenience.
White suggested the word demonstrable be used.
Mattick stated demonstrable would be fine in that context.
Bremer stated Item 14 seems out of sync with this ordinance because it specifically relates to lighting and
not other items.
Mattick stated that provision is pretty standard in CUPs and that oftentimes exterior lighting is required
depending on the type of use. Mattick stated the language would allow the City to control the lighting
from spilling over onto the adjoining properties.
Turner pointed out that if Orono had a comprehensive lighting ordinance, that language would not be
needed.
Mattick stated the word residential can be removed. Mattick pointed out that in the commercial zones,
there would be more shared parking and that this refers more specifically to residential neighborhoods.
McMillan suggested the language be something to the affect that the lighting not be out of character with
the neighborhood.
Curtis noted Item No. 6 addresses that.
Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 77, Third Series, an Ordinance
Amending Chapter 78 of the Orono City Code Concerning Granting of Permits, with Section
1(a)(6) being amended to read, “compatible with the surrounding area as the area is used both
presently and as it is planned to be used in the future,” and to amend Paragraph 12 to read “Not
create excessive non-residential traffic on residential streets, parking needs that cause a
demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access.” VOTE:
Ayes 5, Nays 0.
9b. CITY OF ORONO – ZONING TEXT AMENDMENT – CONDITIONAL USES IN THE
SINGLE FAMILY ZONING DISTRICTS – REQUEST FOR DIRECTION
Turner stated this is an outgrowth of Item 9 and that the proposed changes are based on state statutes,
ordinances in other communities, and suggestions by the Planning Commission. Turner indicated the
tables outline the zoning district, the current code, and the proposed changes.
Murphy asked if the items on Page 4 as they relate to residential districts would impact the Welsh
application.
Curtis stated it was added as a conditional use in an RPUD only.
Turner stated the hospitals, sanitariums, etc., was only permitted in the RR-1B district.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 13 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 16
(9b. CITY OF ORONO – ZONING TEXT AMENDMENT – CONDITIONAL USES IN THE
SINGLE FAMILY ZONING DISTRICTS, Continued)
Murphy asked if there is still the potential under a CUP to put something in a residential neighborhood
that is similar to the Welsh proposal.
Curtis indicated it would need to be an RPUD.
McMillan asked if the Hill School would be prohibited from becoming a school again.
Gaffron stated the code applies to an existing building with less than 50 feet and that the language has not
precluded it from becoming a school in the past after it was used for a different use.
Curtis noted there is a conditional use permit for a school on that property and that the City Council
would need to take action to revoke the conditional use permit.
McMillan asked if the language relating to proposed guest houses is new.
Turner indicated it has been reworded slightly to make the language clearer.
Franchot asked what the definition of a domestic animal is.
Turner stated that there is no defined term and that elsewhere in the code it talks about domestic animals
such as dogs and cats. Turner stated that perhaps the term to be used should be farm animals since this
section is not applied to dogs and cats.
Franchot noted there is a minimum of ten acres of land required to be devoted to the keeping of animals
under stock farms, and asked whether that would allow an indefinite number of animals.
Turner stated to her belief the numbers are regulated in the code and that Staff would need to verify that.
McMillan asked whether they are retaining the requirement of 50 square feet per pupil of outdoor space
on public schools.
Turner stated that is not included in this and that there are licensing requirements that would cover that.
Turner indicated public schools do have site requirements.
McMillan stated she was wondering how that related more specifically to nurseries and charter schools.
Turner indicated that Staff would double check on that item.
Franchot asked whether this would be a good opportunity to add language regarding interim use permits.
Mattick stated that language can be added and that perhaps that topic can be discussed at the next work
session.
Turner stated they are attempting to maintain consistency in the code with the proposed changes.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 14 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 16
(9b. CITY OF ORONO – ZONING TEXT AMENDMENT – CONDITIONAL USES IN THE
SINGLE FAMILY ZONING DISTRICTS, Continued)
Curtis indicated Staff will take the comments made by the City Council and then have the City Attorney
review those.
Bremer stated she would be fine with Staff reviewing the changes and drafting an ordinance for review by
the City Council.
White moved, Murphy seconded, to direct Staff to draft an ordinance reflecting the proposed
changes discussed this evening. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
McMillan commended Staff and the Planning Commission for the work they did on the zoning code
amendments.
McMillan stated she also received a compliment from the Minnehaha Creek Watershed planner and that
he really appreciated the comments from Orono especially relating to riprap.
Murphy noted the City still needs to dedicate Lurton Park.
Gaffron stated he will need to get an idea of what type of ceremony, improvements, and signage are being
proposed.
Murphy commented he would like that to be completed this year if possible.
White indicated he has received a number of positive comments about the Minnehaha and the Big Island
event held recently.
CITY ENGINEER’S REPORT
Tom Kellogg had nothing to report.
*10. REQUEST FOR PAYMENT NO. 10, CACO POINT RECONSTRUCTION PROJECT
McMillan moved, Murphy seconded, to approve Request for Payment No. 10 for the Casco Point
Reconstruction Project, Geislinger and Sons, Inc., in the amount of $353,410.20. VOTE: Ayes 5,
Nays 0.
*11. OLD CRYSTAL BAY ROAD TRAFFIC STUDY
McMillan moved, Murphy seconded, to approve the scope of services for the Old Crystal Bay Road
Traffic Study attached to the staff memo dated July 6, 2010 and to authorize preparation of the
study. VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 15 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 12, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 16
*12. LIFT STATION 12 – APPROVE PLANS AND SPECS AND ADVERTISE FOR BIDS
McMillan moved, Murphy seconded, to approve the plans and specifications for the Lift Station 12
Improvement Project and to authorize the advertisement for bids for the construction of the
improvements. VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR’S REPORT
*13. APPROVE PAYMENT – BIG ISLAND FENCE
McMillan moved, Murphy seconded, to approve payment to Countryside Fence in the amount of
$5,000 for the installation of a new fence on Big Island. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY’S REPORT
Mattick indicated he has several topics he would like to cover at tomorrow’s work session, including the
Supreme Court case relating to variances and previous zoning applications.
*14. LICENSES & PERMITS
RESIDENTIAL KENNEL LICENSE
1. Bob and Mary Sansevere
745 Orchard Park Road
SOLICITOR LICENSE – EXTENSION REQUEST
2. Applicant: Ladwalk Roofing, Inc.
Activity: Storm damage repair
Date: July 6 – July 16, 2010
Time: 8:00 a.m. – 8:00 p.m.
McMillan moved, Murphy seconded, to approve the kennel license for Bob and Mary Sansevere;
and to approve the request for an extension to allow solicitation for an additional 50 days for David
Ladwig, Brian Walker, Kathryn Moga, Patrick McLaughlin, Tim Bartlett, and Joshua Moga of
Ladwalk Roofing, Inc. VOTE: Ayes 5, Nays 0.
*15. BILLS
McMillan moved, Murphy seconded, to approve payment of the All Funds Account. VOTE:
Ayes 5, Nays 0.
ADJOURNMENT
Murphy moved, Franchot seconded, to adjourn the Orono City Council meeting at 9:24 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 07/26/2010
Approval Council Minutes 07/12/2010 [Page 16 of 16]
Orono City Council
Committee of the Whole
July 13, 2010, 6:30 p.m.
Orono City Council Chambers
Page 1 of 1
Present: Mayor Jim White, Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy;
City Attorney Soren Mattick, City Administrator Jessica Loftus, Assistant City Administrator for Long‐
Term Strategy Mike Gaffron, Planning Coordinator Melanie Curtis, City Planner Evelyn Turner, Planning
Commission Chair Kim Kang and City Clerk Lin Vee
1. Supreme Court Decision Regarding Variances
City Attorney Soren Mattick reviewed the Supreme Court Case related to a variance request for a property
located in Minnetonka. Per Minnesota Statute, to establish the “undue hardship” required for a variance, a
variance applicant must establish that the “property in question cannot be put to a reasonable use” without
the variance. The court decision may have an impact on how cities process variance applications.
2. Processing Complex Zoning Applications – Start to Finish
City Attorney Soren Mattick outlined issues for Staff, Planning Commission and Council to consider as they
review complex zoning applications.
3. Comments Regarding Information Updates
There were no comments.
4. Other Issues of Current Interest
Council will review parking options along the Dakota Rail Trail at an upcoming work session before scheduling
further discussion with Boe Carlson of the Three Rivers Park District.
Council approved submittal of a change to the Met Council to be incorporated with the Comp Plan Update
that will allow an increase in square footage of the building on the site located at 875 Wayzata Boulevard
West.
The meeting closed at 8:33 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #03 - CC Agenda - 07/26/10
Approval of Work Session Minutes 07/13/2010
[Page 1 of 1]
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Accept Quotations for Manhole & Lift Station Grouting
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Emergency Repair of Lift Station 22 (3882 Shoreline Drive)
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Update Investment Policy [Page 1 of 9]
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Disposal of Radar Unit & Other Police Equipment
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Item #13 - CC Agenda - 07/26/2010
Bills [Page 6 of 7]
Item #13 - CC Agenda - 07/26/2010
Bills [Page 7 of 7]