HomeMy WebLinkAbout11-26-2007 Council Packet PUBLIC ATTENDANCE
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Agenda for Council Meeting Set for Monday, November 26, 2007, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
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 on the counter near the sign in
sheet.
Approval of Minutes
* 2. Regular Council Meeting of November 13, 2007
Planning Commission Comments – Dick Kroeger, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
3. #07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Encroachment Agreement
and Final Plat – Resolution
4. #07-3317 Dan Hessburg with Hessburg Homes, 774 Tonkawa Road – After-the-Fact Variance –
Resolution
* 5. #07-3322 Robert and Jordanna Williams, 845 Willow Drive South – Variance – Resolution
6. #07-3323 Structures Unlimited on behalf of Judson and Aleya Champlin, 210 Big Island –
Variances
7. #07-3333 John Vogstrom with Vogue I.C.F. Homes, Inc. on behalf of William & Susan Dunkley,
2709 Walters Port Lane – Conditional Use Permit – Resolution
8. #07-3336 Marc Ashton with John Terrance Homes, LLC on behalf of Mitch Cook of Central
Bank and Larry Palm of LGL Real Estate Investments, StoneBay Outlot A – Review
of Developers Agreement and Status Update
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
9. Request for Payment No. 2 – TH12/Old Crystal Bay Road Water Main Improvements
10. Request for Payment No. 2 – Farview Lane Sewer Project
11. 2008 Meeting Schedule
12. Withdraw from Membership with the West Hennepin Recycling Commission – Resolution
Agenda for Council Meeting Set for Monday, November 26, 2007, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
13. Approval of Painting the Interior of City Hall and Council Chambers
14. MCES Interceptor – Resolution
15. Accept Quotations for Sandblasting, Painting Navarre Water Treatment Plan (2345 Blaine Avenue)
16. MCES Grant Program for Drain Tile Disconnections – Resolution
17. Police Sergeant Labor Agreement 2008 and 2009
City Attorney's Report
18. Licenses & Permits
Liquor
* 19. Bills
Upcoming Issues and Events
2007
11/22 - HOLIDAY, Observance of Thanksgiving Day
11/23 - HOLIDAY, Observance of Thanksgiving Day
11/26 - Council Meeting, Monday, 7:00 p.m.
11/27 - Council Work Session, Tuesday, 6:00 p.m.
12/03 - Truth-in-Taxation Hearing, Monday, 6:30 p.m.
12/05 - Planning Commission Work Session, Wednesday, 5:30 p.m.
12/10 - Council Meeting, Monday, 7:00 p.m.
12/11 - Council Work Session, Tuesday, 6:00 p.m.
12/24 - HOLIDAY, Observance of Christmas, Monday
12/25 - HOLIDAY, Observance of Christmas, Tuesday
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
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 David Rahn; City
Attorney Soren Mattick; Representing Staff were City Administrator Ron Moorse, Assistant City
Administrator for Long-Term Strategy Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis,
Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:00 o’clock p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 10 through 16 were added to the Consent Agenda. Item No. 6 was removed from 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 OCTOBER 22, 2007
Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
October 22, 2007, as submitted. VOTE: Ayes 5, Nays 0.
LANNING COMMISSION COMMENTS – JON SCHWINGLER, REPRESENTATIVE
None
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN,
2745 SHADYWOOD ROAD - VARIANCE
Gregg Graton with Lake Country Builders and James Zimmerman, Applicant, were present.
Curtis stated this application was reviewed at the August and September Planning Commission
meetings. At the September Planning Commission meeting, the applicant brought two separate revised
PAGE 1 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 1 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745
SHADYWOOD ROAD, Continued)
options forward. Both of these options generally met the direction given at the previous meeting. Only
one of the Commissioners at the September meeting was in attendance at the previous meeting. Upon
reviewing the applicant’s revised proposal, the Commission generally felt that the applicant’s request
was unreasonable and discussed denial. The applicant was taken by surprise at this conclusion, and
rather than having the application denied by the Planning Commission, requested their application be
tabled.
At the October Planning Commission meeting, the applicants again presented their revised options. The
Planning Commission discussed the revised options with the applicant. The Planning Commission and
the applicant wanted clarification on the fire marshal’s requirements for driveway widths and other
items. Additionally, the applicant brought up a number of potential solutions to address the driveway
hardcover overage, specifically pervious pavers or grass pavers. The Planning Commission voted 5-1 to
recommend approval of the request as long as the existing hardcover level was not exceeded and
resulted in a driveway configuration that the fire marshal would approve. The dissenting commissioner
felt that the further encroachment toward the lake was excessive.
The applicant has provided revised plans which incorporate the driveway specifications required by the
fire marshal. Due to removing the curve in the driveway, the applicant has provided a revised request
for the garage portion of the home. The revision results in a straightening out of the garages, where
previously the line of the house was more “stepped” to follow the curve in the driveway. This revision
in the house footprint results in an additional 231 square feet of structural coverage changing the
percentage from 13.6 percent to 14.3 percent.
Staff recommends denial of the lake setback variances as proposed as a further encroachment toward the
lake is not reasonable. Staff is supportive of hardcover variances that do not result in an increase in total
hardcover. Curtis noted the 120-day application review period expires on November 18th and that the
applicant will need to provide a written request to extend it an additional 60 days.
Zimmerman stated he has resided on the property for over 13 years, with the house being built in 1959.
The residence currently consists of 2,900 square feet. The property contains a boathouse and the lot is
considered nonconforming.
The objectives for this project were to design something that was better for Lake Minnetonka and the
environment, would be supported and embraced by the neighbors, would fit in and be appropriate for
the site and the neighborhood, and would improve the value of the property.
Zimmerman indicated he has worked with the DNR to develop their lakeside vegetation plan, and
following that work a few years back, he has added a significant amount of shoreline vegetation to the
property. With almost 600 feet of shoreline, rain gardens would be a significant benefit to Lake
Minnetonka. The plan is also hardcover neutral, and with the incorporation of the rain gardens, would
be significantly better for the lake. Zimmerman pointed out on the overhead the areas of the proposed
rain gardens.
Zimmerman indicated he has been in contact with all his neighbors, who are supportive of the project,
and that he is not aware of any opposition by any of the neighbors to what he is proposing. The
neighbors feel the plans are appropriate. The proposal helps to modernize the home and improve the
PAGE 2 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 2 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745
SHADYWOOD ROAD, Continued)
value. Zimmerman noted the Planning Commission voted 5 to 1 to recommend the plan as long as it
stayed hardcover neutral.
Zimmerman stated the area where he is proposing the deck is the most private, secluded spot on the lot
and would be unobtrusive to the neighbors. Zimmerman displayed a picture of what currently exists at
the rear of the house and the area where he would like to construct the three season porch.
Murphy asked whether 40 percent or roughly half of the shaded area on staff’s overhead is already
hardcover and what the applicant is proposing to do is trade structural coverage for hardcover.
Zimmerman stated it is but noted that the majority of the hardcover consists of driveway, which
amounts to approximately 60 percent of the total hardcover.
McMillan asked if the house would be totally gutted and exactly what construction would be done to the
house.
Zimmerman pointed out the existing kitchen and porch and explained that they are proposing to expand
the house out to the porch, which would allow them to enlarge the kitchen and add a bathroom on the
main floor. Currently there is no bathroom on the main floor. In addition, the garage would be
expanded to three stalls, with the entrance to the house being changed slightly.
White inquired whether there is a basement to the house.
Zimmerman stated there is not.
McMillan asked whether the height of the structure would change.
Zimmerman indicated the height of the structure would remain relatively the same.
McMillan inquired whether the driveway would be pavers.
Curtis stated pavers would still be considered hardcover.
Zimmerman indicated they have not really discussed what the driveway would be constructed of.
Zimmerman stated each neighbor has an easement to use the driveway and that what is decided upon
would need to be approved by the neighbors. Zimmerman noted his driveway has to be acceptable to
accommodate emergency vehicles.
McMillan asked how wide the deck would be.
Graton indicated it would be approximately eight feet.
White inquired where the applicant currently stores his lawn equipment.
Zimmerman stated he stores some inside the house, some in the laundry room, and some in the garage.
Zimmerman commented this addition would allow for some additional storage on the property.
PAGE 3 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 3 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745
SHADYWOOD ROAD, Continued)
Curtis stated the applicants have done a great job of maintaining the hardcover on the property and
allowing for emergency vehicle access.
White asked what the difference in hardcover is between the proposed driveway and what currently
exists.
Graton indicated there is approximately a 20 percent reduction in the driveway under what they are
proposing.
Rahn stated the major difference with the deck is the railing is being turned to face the point and that he
does not have an issue with that. The larger issue is the further protrusion into the setbacks, noting that
the structure is going from 24 feet to 21.5 feet in one setback and 35 feet to 25 feet in another setback,
which he is not in support of.
McMillan stated she agrees with the comments made by Commissioner Rahn.
Bremer commented this lot is a challenging property and that any person who has lived in this house
would be frustrated by the limitations of the lot and that in her view this is a hardship lot given the very
limited amount of buildable space on the lot. Bremer noted this lot was in existence prior to the laws
regulating hardcover. Bremer stated if there was indeed an enclosed porch on the structure in the past, it
is unfortunate the City does not have records to substantiate that.
Bremer stated she likes the rain gardens that are being proposed and that she would make it a condition
to add rain gardens on both sides of the driveway, which the applicant has indicated he is willing to do.
Zimmerman stated he is willing to try to mitigate any negative aspect of the plan to make it more
beneficial to the environment. The deck is proposed to come off the multi-purpose room and allows
access into the house, which is also over existing hardcover.
Murphy stated he would concur with the comments of Councilor Bremer and that this lot is one of the
more unique lots on the lake and that the applicant is limited in what he can do. The fact that this plan is
hardcover neutral and the structural coverage is below 15 percent, he is not troubled by what is being
proposed for the most part. Murphy suggested some gutters and down spouts be considered to capture
even more of the runoff prior to it hitting the ground.
Zimmerman indicated they would be agreeable to adding the gutters and downspouts.
McMillan stated in her view some of the second story balconies and decks help contribute to the
massing and that a compromise would be to eliminate a portion of the second story.
Zimmerman stated one component that would need to be considered is the visual balancing of the
structure but that they would be willing to look at reducing that.
White stated he also feels that a portion of the second story deck should be reduced.
Zimmerman indicated he is planning to reside in the house for a number of years.
PAGE 4 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 4 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745
SHADYWOOD ROAD, Continued)
White inquired what could be done to the second story deck to reduce the size.
Zimmerman stated in his view the best thing that could be done would be to leave just the portion of the
deck that is near the sliding doors off the master bedroom on the rear of the house. On the front side of
the house, they could look at using a different type of railing to reduce the visual impact. Zimmerman
stated he is willing to add the gutters and downspouts.
Bremer inquired what the width of the deck is.
Graton stated the exact width is eight feet, nine inches.
White stated he would like to see those changes to the decks made.
McMillan inquired whether the portion of the deck on the front over the entry way would remain.
Zimmerman stated it would and that it would allow them egress and ingress into the home office area.
White recommended that neutral colors be used on the exterior of the house and encouraged the
applicant to use subdued lighting on the outside.
Zimmerman indicated he is willing to do whatever he can to minimize the visual impact of the structure
from the lake.
Bremer moved, Murphy seconded, to direct Staff to draft an approval resolution for Application
#07-3305, Lake Country Builders on behalf of James Zimmerman, 2745 Shadywood Road,
granting of hardcover and lake setback variances subject to a clear railing be used on all second
floor decks, that the deck off the master bedroom be limited to the area outside the sliding glass
doors, that the rain gardens be incorporated on both sides of the driveway, and the applicant
providing a 60-day written extension. VOTE: Ayes 4, Nays 1, Rahn Opposed.
Rahn stated he would like to see a lessening of the encroachments.
*4. #07-3320 LUCINDA CHORLEY AND THE ESTATE OF WILLIAM L. WALDRON,
1860 AND 1880 FOX STREET – PRELIMINARY PLAT – RESOLUTION NO. 5686
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5686, a Resolution Approving
the Preliminary Plat for Properties Located at 1860 and 1880 Fox Street. VOTE: Ayes 5, Nays 0.
5. #07-3322 ROBERT AND JORDANNA WILLIAMS, 845 WILLOW DRIVE SOUTH –
VARIANCE
Robert Williams, Applicant, was present.
Curtis stated the applicants are requesting variances from the required 50-foot wetland buffer and 20-
foot buffet setback as well as the front yard setback in order to construct a detached workshop building
and a connection between the existing garage and the house. The subject property is a sliver of dry land
PAGE 5 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 5 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(5. #07-3322 ROBERT AND JORDANNA WILLIAMS, 845 WILLOW DRIVE SOUTH,
Continued)
located adjacent to the north basin of French Lake, which is a large wetland body. This area is included
in the Shoreland Overlay District and subject to hardcover restrictions. There is no lake setback
impacting the property. The “Preserve” wetland classification will require a 50 foot buffer and a 20 foot
buffer setback from the wetland boundary.
Currently a home, detached garage, and two sheds exist on the property. The property owners would
like to remove one of the existing sheds, which is located within the wetland boundary, and construct a
new 30’ x 30’ detached workshop building. A proposal to construct a two-story connection between the
existing house and detached garage is also included. Wetland buffer setbacks and front yard setbacks
overlap requiring a variance for any improvement of this property.
In response to the Planning Commission’s comments, the applicants have revised their proposal slightly
and have moved the workshop five feet closer to the road and have changed the configuration from a
square to a rectangle, thus minimizing the encroachment into the wetland buffer area while maintaining
the same square footage.
The applicants are amenable to reducing the overhead door size to less than eight feet in width to avoid
having to construct a driveway to the workshop. They have also agreed to work closely with John
Smyth and Planning Staff to establish an appropriately sized buffer. Additionally, they have agreed to
grant conservation easements over the wetland and buffer areas as well as comply with a buffer
maintenance agreement.
The Planning Commission voted 6-0 to recommend approval of the variance as requested per Staff’s
recommendation.
Staff recommends approval of the variances. The applicants will be required to comply with John
Smyth’s recommendations regarding buffer establishment and maintenance; and be subject to the
standard wetland buffer conservation easement and maintenance agreement prior to the issuance of a
building permit for the new workshop. The applicants should be required to submit a revised survey
meeting the City Engineer’s recommendations as well as document the buffer areas to be established
prior to final action by the City Council.
Williams stated he has met with Planning Coordinator Curtis and John Smyth and that he has discussed
some type of method to maintain that flat section of land. Smyth has recommended a short retaining
wall of about 18 inches be constructed in that area, which he would like to add to his plan.
Murphy commented this is a pretty straight forward application and that he does not have any issues
with it.
McMillan moved, Rahn seconded, to direct staff to draft an approval resolution for Application
#07-3322, Robert and Jordanna Williams, 845 Willow Drive South. VOTE: Ayes 5, Nays 0.
PAGE 6 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 6 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
6. #07-3323 STRUCTURES UNLIMITED ON BEHALF OF JUDSON AND ALEYA
CHAMPLIN, 210 BIG ISLAND – VARIANCE – RESOLUTION NO. 5687
Ross Langhans, Structures Unlimited, was present.
Bremer indicated she would recuse herself from this application because she personally knows Aleya
Champlin.
Rahn asked how the retaining wall has gone from 48 inches, as reflected in the minutes and the
planner’s report, to seven feet in some places.
Langhans explained the retaining wall is required due to the septic work and that there is a portion
where the wall may be seven feet high. Langhans indicated the wall has to be engineered and that they
are confident that the wall would be of quality construction.
Rahn stated normally the city engineer determines whether the wall is necessary.
Langhans stated to his understanding there is no standard limiting him to the 48 inches and that it is also
his understanding there is a special condition regarding retaining walls for Big Island. Langhans
indicated the retaining wall became necessary due to the work on the septic system. Langhans indicated
he did attempt to change the grade in that area to comply with the 48 inches but that it would require the
removal of a large number of trees.
Murphy noted the last page in the Council packet shows the area that Mr. Langhans has discussed and
that it appears the wall would be constructed up to the existing grade. Murphy recommended that the
wall be high enough that the water not run over the wall and into the septic system or the corner of the
house.
Langhans stated it is their intent to construct the wall up to the existing grade. A tiered wall was
considered but would need to be dismantled if the septic tank ever had to be removed.
Rahn inquired whether the city engineer has reviewed whether this retaining wall is necessary at the
proposed height.
Langhans stated in his view the design of the septic system was not a good design and did not take into
account the contours of the grade, which has resulted in the need for the retaining wall.
Murphy asked whether there is going to be any runoff that will go toward the corner of the house with
or without the retaining wall.
Turner displayed the original plan that was proposed and explained that the reason the retaining wall
needs to extend past the house is that a swale has to be constructed as well as a tree removed to handle
the runoff.
McMillan asked whether the swale has been completed.
Langhans indicated the swale has been constructed and that the only thing that remains to be done is
construction of the retaining wall.
PAGE 7 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 7 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(6. #07-3323 STRUCTURES UNLIMITED ON BEHALF OF JUDSON AND ALEYA
CHAMPLIN, 210 BIG ISLAND, Continued)
Murphy asked if Staff is confident that the runoff will go to the lake and not go through the corner of the
house.
Turner stated Bonestroo has reviewed the plan and has indicated the end portion of the retaining wall is
necessary as well as the swale to help divert the water away from the house.
Kellogg stated in terms of the wall, 48 inches is the point at which engineering is required. Kellogg
indicated a representative from his office unfortunately was not able to visit this site personally but that
from the pictures, it appears the wall is required and that the only restriction they would require is that
no soil be placed on top of the slope.
With regard to the runoff going towards the corner of the house, the existing building is shown to be at
941.9’, and at the side of the house nearest the wall where the expansion would occur, two feet would be
cut out, which would bring it to 940’ and should eliminate any runoff to the corner. Kellogg indicated
he is comfortable that the water would not run into the house with that change in elevation.
White noted this is an intensification of the use of an existing lot and that it is difficult for the City to
provide adequate fire and police protection to this area. White commented it is likely that these lots on
Big Island would continue to be improved and that the residents on Big Island need to be aware of the
risks they are assuming.
McMillan stated in hindsight it would have been nice to have looked at different options for the septic
system.
Langhans stated in his view it was an inadequate design for the septic system and that the homeowner
proceeded with the plan he was given when he purchased the lot and was not aware there were better
options that could have been pursued.
McMillan inquired whether the city reviews septic system designs.
Curtis indicated the plan would have been reviewed by the city’s septic inspector. Typically a survey is
provided along with the septic system design but that the city’s septic inspector more than likely did not
do a physical inspection of the lot.
Gaffron commented it would be prudent to do a physical inspection of a lot prior to approving the septic
system plan but that future planning of the lot typically is not taken into consideration at the time septic
system permits are approved.
Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5687, a Resolution Granting
Variances for the Property Located at 210 Big Island.
Murphy recommended the City devote some time at the Council work sessions to the future
development of Big Island.
VOTE: Ayes 5, Nays 0.
PAGE 8 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 8 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
*7. #07-3326 THEODORE SCHULTZE AND MARY STEIL-SCHULTZ, 744 BROWN
ROAD NORTH – VARIANCE AND CONDITIONAL USE PERMIT – RESOLUTION NO. 5688
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5688, a Resolution Granting a
Variance for the Property Located at 744 Brown Road North. VOTE: Ayes 5, Nays 0.
8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS, STONEBAY OUTLOT A
8a. FINAL PLAT/GENERAL DEVELOPMENT PLAN APPROVAL/REZONING
8b. LIMITED USE PERMIT FOR TRAIL WITHIN RIGHT-OF-WAY OF TH12
Larry Palm with LGL Real Estate Investments and Mitch Cook of Central Bank were present.
Turner stated Staff had anticipated that the letters of credit would be on file and the fees paid prior to the
Council meeting, which have not occurred. Staff is requesting that the Council treat this application as
if the resolutions were not before the Council tonight and that it is expected those requirements would
be completed prior to the next council meeting, at which time the Council would be able to approve or
deny the resolutions.
Turned noted the applicants have made some small corrections to the plans from the Planning
Commission meeting but that the majority of the items have remained unchanged. The requirements of
the Watershed District have been satisfied and the applicants will be providing for an infiltration area
that is under a portion of the parking lot, with drainage being diverted into that infiltration area, which
would eventually go into the storm water pond. Turner noted the Watershed District would be
reviewing this application on November 15th.
Murphy commented that it seems like the Council has not spent very much time on the design of the
buildings as compared to other projects. Murphy inquired whether the Council would be reviewing the
design of the buildings more closely at a future point in time.
Curtis stated the plan that is being presented tonight is the plan that the applicants would like to have
approved.
Murphy asked what involvement John Terrance Homes would have in this project.
Cook indicated John Terrance Homes would be signing the plat because they are the owner of the
property.
Murphy noted the resolution states that Central Bank and LGL Real Estate are the developers and that
John Terrance Homes is the owner. Murphy stated the City has had some issues with John Terrance
Homes in the past and inquired whether Central Bank would be buying the property at some point in
time.
Cook indicated they would be purchasing the property but that John Terrance Homes is the current
property owner.
PAGE 9 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 9 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS, STONEBAY OUTLOT A - Continued)
Murphy expressed a concern with the Council signing off on a resolution that lists John Terrance Homes
as the owner if Central Bank will be purchasing the property.
Mattick stated the property owner has to sign off on the plat, which at the present time is John Terrance
Homes, and that if the plan meets the City’s criteria, that is the standard the City looks at.
Murphy stated he would like it clear who the City will be dealing with in the future on this property and
that he has a concern there will be issues on this project if things are not clearly specified in the
documents.
Mattick commented he understands the reservations of Council Member Murphy given the issues with
the Stone Bay development but that the City would be receiving the required letters of credit prior to
approval.
Murphy stated he would like it to be very clear who the City can hold accountable if there are issues that
develop on this project.
Cook stated the reason they have not closed on the property is that the purchase agreement is contingent
on Central Bank receiving final approval from the City. Cook indicated they are hoping to close on the
property the first week of December, which is subject to a couple of items being completed prior to that
time.
McMillan stated typically the City has reviewed samples of building materials on other projects prior to
approval.
Curtis noted the Council has reviewed the proposed building materials for this project at a previous
council meeting.
Murphy moved, Bremer seconded, to direct Staff to prepare a resolution entering into a limited
use permit for a trail within the right-of-way of TH 12 for adoption when the permit document
has been received from MnDOT.
McMillan inquired who would be responsible for maintaining the trail.
Murphy noted it would not be a county or state trail and questioned whether it would be a city trail.
Gaffron stated to his recollection the developer is responsible for maintaining the sidewalks throughout
the development and possibly the trails.
McMillan stated in her mind the issue of maintenance is important and should be answered prior to final
approval.
Palm commented he is unsure why the fees on the lot he is purchasing would need to be paid prior to
approval, noting that there is no intention to develop the western lot until they have a certain percentage
of tenants signed up.
PAGE 10 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 10 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS, STONEBAY OUTLOT A - Continued)
Curtis stated as part of the preliminary plat resolution approval, the fees were outlined and are required
to be paid prior to final plat approval.
White inquired what amount is involved relating to fees.
Cook indicated their fees add up to approximately $137,000.
Palm stated with the letter of credit, it is over $200,000.
Turner stated in addition to the approval of the plat, the applicants would also be receiving approval to
construct the buildings and that the way the fees are structured in the resolution, the fees would be due
at the time of final plat approval.
Palm stated as it concerns the letter of credit on their lot, in his opinion it is excessive.
Kellogg stated the applicant could provide three estimates to their office but that typically the letter of
credit is calculated on their estimate of the costs.
Curtis stated the required letter of credit for lot one is $500,920 and on lot two is $408,551.
Palm stated they are required to post half a million dollars on a project that they will not be starting until
after the winter, which will force them to incur additional expense.
Cook stated he was not aware of the fees until recently and that it is not as big of an issue for their lot as
it is for the LGL lot since they will be starting construction in the near future.
Turner noted there are two types of SAC and WAC charges that are required and that one of the SAC
and WAC charges is payments in lieu of assessments and the other SAC and WAC charges will go to
the Metropolitan Council.
Palm indicated he is not questioning the amount but merely the timing of the payment.
White suggested the applicants make a proposal to the city on the fees, noting that this application
would not be approved for another two weeks.
Cook stated it was his understanding the fees would be due at the time the permit was issued.
Palm stated that has been his experience as well with the City of Medina.
White recommended Staff consider that proposal by the applicants.
Gaffron stated after reviewing the development agreement, the interior street system, the sidewalks and
the common areas are to be privately owned and maintained with the exception of the public trail
located along Willow Drive. The bicycle/pedestrian trail would be constructed by the developer in
conjunction with phase one to ensure that the area intended for trail is not commercially developed,
PAGE 11 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 11 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
(8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS, STONEBAY OUTLOT A - Continued)
which has not happened. The city is to be responsible for maintenance of the public trails upon their
completion and acceptance by the City. Sidewalks along both sides of Kelley Parkway shall be
provided by the developer as depicted by the developer on the approved plan sheets. Maintenance of
the sidewalks within the right-of-way of Kelley Parkway shall be the responsibility of the developer or
the homeowner’s association or commercial maintenance association. The City has responsibility for
maintenance of the trails and the developer has responsibility for maintenance of the sidewalks.
VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0
MAYOR/COUNCIL REPORT
9. HOUSING WEEK – PROCLAMATION
White noted housing week was kicked off approximately two weeks ago in Wayzata and that he would
like to challenge the city council to participate in the sleep-out fundraising event. He is planning to
pitch a tent near the fire station in Navarre.
McMillan noted the last meeting of the Citizens Police Academy will be held this Thursday and that to
date the sessions have been very informative. McMillan commended Orono’s Police Department on the
great job they are doing for Orono and the surrounding communities, and indicated the police officers
have been very good instructors for the Citizens Police Academy.
McMillan noted a promotional flyer has gone out recently on the City’s organic recycling program.
Bremer, on behalf of the City of Orono, thanked the veterans that live in Orono for their service to our
country. Bremer stated she would also like to see the United States flag flown at city buildings,
particularly on Veteran’s Day.
Murphy noted he has met with Commissioner Koblick recently on various issues facing Orono and that
overall it was a very fruitful meeting.
White noted he has met with representatives from the Three Rivers Park District, Hennepin County, and
the Metropolitan Transit regarding planning for County Road 19 and the Navarre area. White
encouraged the City to form partnerships to help with the future development of the Navarre area.
Murphy moved, Bremer seconded, to adopt the City Proclamation of Housing Week,
November 11-17, 2007. VOTE: Ayes 5, Nays 0.
CITY ENGINEER’S REPORT
None
PAGE 12 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 12 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
CITY ADMINISTRATOR’S REPORT
*10. LIQUIDATION OF DWI FORFEITED VEHICLES
Murphy moved, Bremer seconded, to approve the sale of a 1995 Dodge Intrepid, with 105,221
miles, through a sealed bid process with a minimum bid of $350.00. VOTE: Ayes 5, Nays 0.
*11. AUTHORIZATION TO PURCHASE 2008 SQUAD CARS
Murphy moved, Bremer seconded, to approve the purchase of one 2008 Crown Victoria from
Monticello Ford for $22,019 and two 2008 Dodge Charger squad cars from Nelson’s Dodge-GMC
in Fergus Falls for $21,949 each, plus tax, registration, and other miscellaneous fees. VOTE: Ayes
5, Nays 0.
*12. PAYMENT NO. 1 – POLICE FITNESS ROOM
Murphy moved, Bremer seconded, to approve payment #1 in the amount of $30,000.00 to be paid
to GDS Design and Build, Inc., for work that has been completed to date for the storage and
physical fitness/training area. VOTE: Ayes 5, Nays 0.
*13. HRA/FSA PLAN AMENDMENTS – RESOLUTION NOS. 5689 and 5690
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5689, a Resolution Amending the
City of Orono Health Reimbursement Arrangement. VOTE: Ayes 5, Nays 0.
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5690, a Resolution Amending the
City of Orono Flexible Compensation Plan. VOTE: Ayes 5, Nays 0.
*14. ROOF REPAIR QUOTES
Murphy moved, Bremer seconded, to accept the Option 2 quote from Dalbec Roofing in the
amount of $44,800, for the replacement of the flat roofs at the city facilities campus, and to amend
the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 5, Nays 0.
*15. APPOINTMENT OF ADMINISTRATIVE SUPPORT ASSISTANT
Murphy moved, Bremer seconded, to appoint Monica Fadness to the position of Administrative
Support Assistant effective November 26, 2007, at the pay rate of $18.00 per hour, and that her
pay rate be increased to Step 3 at six months and to Step 4 at one year, and that 40 hours of
vacation leave be credited to Monica at the completion of six months, subject to satisfactory
performance. VOTE: Ayes 5, Nays 0.
*16. ASSESSMENT OF HAZARDOUS BUILDING ABATEMENT COSTS – RESOLUTION
NO. 5691
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5691, a Resolution Ordering
Assessment of Hazardous Building Abatement Costs, in the amount of $5,753.50, to the property
at 1245 Arbor Street. VOTE: Ayes 5, Nays 0.
PAGE 13 of 14
Item #02 - CC Agenda - 11/26/07
Approval of Council Minutes [Page 13 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 13, 2007
7:00 o’clock p.m.
___________________________________________________________________________________
CITY ATTORNEY’S REPORT
Mattick stated in his experience there are a number of cities that require the filing of a letter of credit
and the payment of SAC and WAC fees prior to final plat approval.
*17. LICENSES & PERMITS
Gambling Premises Permit Renewal – Resolution No. 5692
1. Northwest Tonka Lions Club
Narrows Saloon
3380 Shoreline Drive
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5692, a Resolution Regarding
Gambling Permit Renewal for the Northwest Tonka Lions Club to Conduct Lawful Gambling at
the Narrows Saloon Located at 3380 Shoreline Drive. VOTE: Ayes 5, Nays 0.
*18. BILLS
Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE:
Ayes 5, Nays 0.
ADJOURNMENT
Rahn moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:53 p.m.
VOTE: Ayes 5, Nays 0.
There being no further business to discuss, the meeting was adjourned.
ATTEST:
___________________________________ _____________________________________
Linda S. Vee, City Clerk James White, Mayor
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Item #09 - CC Agenda - 11/26/07
Payment No 2 - TH12/Old Crystal Bay Rd H20 Improvments [Page 1 of 4]
Item #09 - CC Agenda - 11/26/07
Payment No 2 - TH12/Old Crystal Bay Rd H20 Improvments [Page 2 of 4]
Item #09 - CC Agenda - 11/26/07
Payment No 2 - TH12/Old Crystal Bay Rd H20 Improvments [Page 3 of 4]
Item #09 - CC Agenda - 11/26/07
Payment No 2 - TH12/Old Crystal Bay Rd H20 Improvments [Page 4 of 4]
Item #10 - CC Agenda - 11/26/07
Payment No 2 - Farview Sewer Project [Page 1 of 4]
Item #10 - CC Agenda - 11/26/07
Payment No 2 - Farview Sewer Project [Page 2 of 4]
Item #10 - CC Agenda - 11/26/07
Payment No 2 - Farview Sewer Project [Page 3 of 4]
Item #10 - CC Agenda - 11/26/07
Payment No 2 - Farview Sewer Project [Page 4 of 4]
Item #11 - CC Agenda - 11/26/07
2008 Meeting Schedule [Page 1 of 2]
Item #11 - CC Agenda - 11/26/07
2008 Meeting Schedule [Page 2 of 2]
Item #12 - CC Agenda - 11/26/07
Withdraw Membership with West Henn Recycling Commission [Page 1 of 5]
Item #12 - CC Agenda - 11/26/07
Withdraw Membership with West Henn Recycling Commission [Page 2 of 5]
Item #12 - CC Agenda - 11/26/07
Withdraw Membership with West Henn Recycling Commission [Page 3 of 5]
Item #12 - CC Agenda - 11/26/07
Withdraw Membership with West Henn Recycling Commission [Page 4 of 5]
Item #12 - CC Agenda - 11/26/07
Withdraw Membership with West Henn Recycling Commission [Page 5 of 5]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 1 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 2 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 3 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 4 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 5 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 6 of 7]
Item #13 - CC Agenda - 11/21/07
Approval of Painting City Hall & Counci Chambers [Page 7 of 7]
Item #14 - CC Agenda - 11/26/07
MCES Interceptor [Page 1 of 2]
Item #14 - CC Agenda - 11/26/07
MCES Interceptor [Page 2 of 2]
Item #15 - CC Agenda - 11/26/07
Accept Quotes for Navarre Water Treatment Plant [Page 1 of 1]
Item #16 - CC Agenda - 11/26/07
MCES Grant Proram for Drain Tile Disconnections [Page 1 of 2]
Item #16 - CC Agenda - 11/26/07
MCES Grant Proram for Drain Tile Disconnections [Page 2 of 2]
Item #17 - CC Agenda - 11/26/07
Police Sergeant Labor Agreement 2008 & 2009 [Page 1 of 1]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 1 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 2 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 3 of 21]
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Licenses & Permits [Page 4 of 21]
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Licenses & Permits [Page 5 of 21]
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Licenses & Permits [Page 6 of 21]
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Licenses & Permits [Page 7 of 21]
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Licenses & Permits [Page 8 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 9 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 10 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 11 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 12 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 13 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 14 of 21]
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Licenses & Permits [Page 15 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 16 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 17 of 21]
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 20 of 21]
Item 1118-CC Agenda-11/26/07
L,.,,,,,,d Po,,,itr[Pa,.c 18 q/131]
,...A.7":‘ Minnesota Department of Public Safety k.
,-'i;ji i
*rte I Alcohol and(rambling Enforcement ' •i -`'`
444 Cedar Street Suite 133
i4 \t
St.Paul,MN 55101-5133 s+'z`'
651-201-7507•TTY 651-282-6555•Fax 651-297-5259
RENEWAL OF LIQUOR,WINE, CLUB OR 3.2% LICENSES
'vri+F J(4 gns v p/Pr 3 a'eke)tiet hi11li "2LO Feta arr .0 dEe a114—coeivedky_ NL1quOP•C,ronhvl .(a 7�' Ige�eg.9 t` f
•
i gnsee:Please verify your license information contained below.Make corrections if necessary and sign.City
Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for thenew license
period.City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license
cancellation.
License Code • NCLOINS License Period Ending 12/31/2000# 1 196
City/County where license approved. Or on a
Licensee Name Wayzata Country Club Inc„
Trade Name
Wayzata Country Club
Licensed Location address
200 Wayzata Blvd West
City,State,Zip Code
Way zata, MN 55391
Business Phone
952./LI73--81146
LICENSE FEES:Off Sale$ On Sale$ Sunday$
By signing this renewal applicaah plicant certifies that there has beel`r t ch e in ownership on the aballgat>
licensee.For changes in ownership,the licensee named above,or for new licensees,full applications should he used,See
back of this application for further information needed to complete this renewaL
Applicant's signature on this renewal confirms the following:Failure to report any of the following will result in fines.
1. Licensee confirms it has no interest whatsoever,directly or indirectly in any other liquor establishments in
Minnesota.If so,give details on back of this application.
2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of
Mnmesota.If ever rejected,please give details on the back of this renewal,then sign below.
3. Licensee confirms that for the past five years it has not had a Iiquor license revoked for any liquor law violation
(state or local).If a revocation has occurred,please give details on the back of this renewal,then sign below.
4. Licensee confirms that during the past five years it or its employees have not been convicted of any criminal
violations or imposed with any civil penalties.If so,please report on back of this application.
5. Licensee confirms that during the past license year,a summons has not been issued under the Liquor Liability
Law(Dram Shop)MS 340A.802.If yes,attach a copy of the summons,then sign below.
6. Licensee confirms that.Workers Compensation insurance is in effect for the full license period.
Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county
where license is issued.$100,000 in cash or securities ur$100,000 surety bond may he submitted in lieu of liquor liabil-
ity.(3.2%liquor licenses are exemptjif sales are less than$25,000 at on sale,or$50,000 at off sale).
Licensee Sienature�kfi-.X 'w!Y4-476—, T)O� iv"% —`t 4 -27/-o 7
Si Lure certifids all above information� to be correct and license has been approv y city county,
City Clerk/County Auditor Signature - Date
(Signature certifies that renewal of a liquor,wine or club license has been approved by the city/county as stated above.)
County Attorney Signature Date
County Board issued licenses only(Signature certifies licensee is eligible for license).
Police/Sheriff Signature Date
(Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations
(criminal/civil).Report violations on back,then sign here.
PS 9093-05
Item#18-CC Agenda-11/26/07
Licenses&Permits[Page 19 of 21]
10/04 APPLICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR,
WINE, 3.2 PERCENT MALT LIQUOR, AND SETUP LICENSES
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
Phone: (952) 249-4600
Directions: This form must be filled out with typewriter or by printing in ink. If the application is by an
individual person, by such person;if by a corporation, by an officer thereof; if by a partnership,
by one of the partners; if by an unincorporated association, by the manager or managing
officer.
License type: (check all that apply)
❑ On Sale Intoxicating Liquor ($5,000.00) [Club ($200.00)
❑ Wine ($2000.00) ❑ Setup ($100.00)
LSunday Liquor($200.00) ❑ 3.2% On Sale ($100.00)
❑ Off Sale Intoxicating ($150.00). E. 3.2% Off Sale ($50.00)
License year: dvb (January 1 — December 31)
1. Name of applicant/licensee (name of individual, partnership, association or corporation):
044.2 1/4.
& &y e L.,
Business Trade Name 5AN
Business Address ,ZoO &4y-) -ria BI��I. id. attL*1-0- SS.f/ Phone 9,ra-417s-F7.f
(Slreel) (City) (Zip)
Mailing Address (if different)
(Street) (City) (Zip)
Licensee's Minnesota Tax Identification Number S'S3 21-4
Licensee's Federal Tax Identification Number Y/-o17?17L
2. If the above named licensee is an individual, complete the following:
a.
Individual Name (First) (Middle) (Last) Date of Birth
Home Address (Street) (City) (Zip) Home Phone
If the above named licensee is a partnership, association, or corporation, complete the following for
each partner/officer:
a. Capri,fw 14)44 Jen. Pis
Partnee0ffice/r Name (First) \ (Middle)/I (Last) (Title)
4A13 /I -1Lrr' NL r✓� AaJ irz� iih�
Home Address (Street) (City) (ZiR)
b. (9�..1 J Lert) Viers
Partner/Officer Name (First) (Middle) (Last) (Title)
Home AddresslI \/ �f (Street) (City) (Zip)
LC. J 4.minJ "�irt'� 5arc.
Partner/Officer Name (First) (Middle) (Last) (Title)
G Pk f)X bout 4 4 a 9 rsa� #1"i 3�1
Home Address (Street) (City) (Zip)
e1
Item #18 - CC Agenda - 11/26/07
Licenses & Permits [Page 21 of 21]
Item #19 - CC Agenda - 11/26/07
Bills [1 of 9]
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Bills [2 of 9]
Item #19 - CC Agenda - 11/26/07
Bills [3 of 9]
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Bills [4 of 9]
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Bills [5 of 9]
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Bills [6 of 9]
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Bills [7 of 9]
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Bills [8 of 9]
Item #19 - CC Agenda - 11/26/07
Bills [9 of 9]