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City Council Minutes 01-28-2008Council Minutes: 1/28/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday January 28, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pled a of Alle 'ance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Fledge of Allegiance was said. 2A. Approve minutes of January 14, 2008 Regular Council meeting. BRIAN STUMFF MOVED TO APPROVE THE MINUTES OF THE JANUARY 14, 2008 REGULAR COUNCIL. TOM PERRAULT SECONDED. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of January 16, 2008 -Economic Development Workshop SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JANUARY 16, 2008 ECONOMIC DEVELOPMENT WORKSHOP. TOM FERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMFF ABSTAINING. 3. Consideration of addin items to the a enda. Discussion of Marvin Road was added to the agenda. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving contributions. Recommendation: Approve the contribution and authorize use of funds as specified. C. Consideration of approving a temporary liquor license for the Hi-Ways Liquor wine tasting event on March 14, 2008. Recommendation: Approve a temporary liquor license for Hi-Way Liquors for a wine tasting event to be held on March 14, 2008. D. Consideration of setting date of Tuesday, Apri129, 2008 for Board of Review. Recommendation: Approve setting Tuesday Apri129, 2008 at 7 p.m. as the date for the 2008 Board of Review. Council Minutes: 1/28/08 E. Consideration of approval of contract with Wright County far police protection. Recommendation: Approve the 2008-2009 contract with Wright County for police protection services as presented. F. Consideration of a resolution giving final approval to issuance of Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation) related to certain public facilities and agreements related thereto. Recommendation: Adopt a resolution giving final approval to issuance of Public Project Refunding Bands, Series 2008A (City of Monticello, Minnesota, Lease Obligation) related to certain Fublic Facilities and Agreements related thereto. G. Consideration of to approve the transfer of funds for costs associated with the consolidation of the EDA and HRA. Recommendation: Approve transfer of $4,576.50 from General Fund 101 to EDA Fund 213. H. Consideration of a request for preliminary plat, conditional use permit for development stage planned unit development, conditional use permit for drive-through facility and conditional use permit for joint parking and access for the proposed First Federal Addition, a commercial subdivision in a B-4 (Regional Business) District- First Federal Bank. Recommendation: Decision #1: Approve the Development Stage Planned Unit Development, preliminary and final plat and conditional use permit far cross parking and cross access, based on a finding that the proposed use is consistent with the intent of the existing FUD and B-4 District subject to the following conditions: 1. The applicant shall submit a revised photometric plan, illustrating foot candle readings no greater than 1.0 at the property line. 2. Any wall mounted lighting shall contain full cutoff fixtures. 3. Any disruption of private structures due to work within the drainage and utility easement would be at the expense of the property owner. 4. The site plan shall be revised to include one additional handicap accessible parking stall with proper signage. 5. The applicant shall provide directional signage on the southeast earner of the site prior to the dead-end. 6. The applicant shall comply with all recommendations of the City Engineer as outlined in the memo from WSB and Associates dated December 19, 2007 and as amended by the Flanning Commission on January 2, 2008 in relationship to barricade design. Decision #2: Approve the conditional use permit for a drive through facility based on a f nding that the proposed use is consistent with the intent of the PUD and satisfies the conditions of approval. Consideration of a request for extension of a conditional use permit for a concept stage planned unit development for Kjellberg Estates, a 372 unit mixed-residential development -- Ocella, LLC. Recommendation: Approve an extension of the September 12, 2005 conditional use permit for Concept stage Planned Unit Development for Kjellberg Estates to January 1, 2009 with the condition that all previously approved conditions be assigned to the extension. J. Consideration of a request for extension of a conditional use permit for joint parking and drives and a conditional use permit for drive through-facility for a commercial development in the CCD (Central Community District).- Masters 5th Avenue. 2 Council Minutes: 1/28/08 Recommendation: Approve an extension of the September 12, 2005 conditional use permit for joint parking and drives and adrive-through facility for Masters 5th Avenue to January 1, 2009 with the condition that all previously approved conditions be assigned to the extension and with the addition of the following conditions: a) Disconnection of existing water and sewer connections on vacant lots proposed for development at the direction of the Public Works Director and b) Continued maintenance of the vacant lots proposed for development in accordance with City ordinance. K. Consideration of approving liquor providers for MCC for 2008-2009. Recommendation: Approve the follawing caterers and liquor providers for 2008 and 2009 for the Community Center Mississippi Banquet room: 1) Crostini Grille; 2) Cornerstone Cafe; 3) Russell's on the Lake; 4) Classic Catering by RJ's; 5) Henry's Catering and 6) CH Professional Catering. L. Consideration of amending union contract for establishing foreman position. Recommendation: Approve the Memorandum of Understanding amending the union contract to include a foreman position. M. Cansideration of approving a registered land survey for St. Benedict's simple subdivision. Recommendation: Approve the Registered Land Survey for the St. Benedict's Senior Community sign parcel. N. Consideration of waiver of potential conflict. Recomrnendatian: Approve the waiver of potential conflict. o. Consideration of award of contract for demolition of structures at Cedar Street Garden Center and Bechtold property (future Public Works site), City Project No. 2007-20C. Recommendation: Award the joint project to Fitzgerald Excavating of Goodhue, Minnesota based upon their low proposal of $25,500. Wayne Mayer clarified on item #SH that the property lies west of Highland Way not east of it. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E, #SI, #SJ AND #SL. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed fram the consent a enda for discussion. #SE Consideration of contract with Wright County for Police Protection: Tom Ferrault noted that the hours of the contract were supposed to have increased in July of 2007. Staff felt no decision should be made on the additional hours until after the Council has heard the report from the Wright County Sheriffls Department and far now staff was recommending the Council adopt the contract as is and make a decision on additional hours after the meeting with the Sheriffls Department. Clint Herbst felt the Folice Commission should discuss this further and bring back their recommendation. Brian Stumpf noted in the past the City has added the hours incrementally. SUSIE WOJCHOUSKI MOVED TO AFFROVE THE SHERIFF'S PROTECTION CONTRACT WITH WRIGHT COUNTY FOR 2008-2009 AS IS WITH THE UNDERSTANDING THAT AT THE FEBRUARY MEETING THE SHERIFF'S DEPARTMENT WILL GIVE AN UPDATE ON LAW ENFORCEMENT NEEDS AND A DETERMINATION ON WHETHER TO REQUEST 3 Council Minutes: 1/28/08 ADDITIONAL HOURS OF SERVICE WILL BE MADE AFTER THAT PRESENTATION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SI Extension of a conditional use permit for concept stage planned unit development for %jellberg Estates: Susie Wojchouski noted the conditional use permit expired September 12, 2006 and wondered why it was so late in coming back to ask for an extension. Jeff O'Neill stated it has not been something that has happened very often in the past. Brian Stumpf questioned how the PUD affects the Council's goals on type of housing that they want to see come in. Jeff O'Neill said the new comprehensive plan addresses that. Steve Grittman stated that at the Planning Commission there was some discussion of this but he noted this is just concept stage approval sa the City still has some leeway. Tam Perrault asked about the land an the north side of School Boulevard. Charlie Pfeffer representing Oce11o stated there is a small parcel on the north side of School Boulevard which is used for storm water ponding and is under the power line easement. Tom Perrault stated that 1/5 of the development is park land and he felt that the City should be getting cash in lieu of land for park dedication. Steve Grittman responded that whether the City takes land or cash as park dedication has not been decided yet. That decision will be made at the development stage approval. SUSIE WOJCHOUSKI MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR CONCEPT STAGE PLANNED UNIT DEVELOPMENT FOR KJELLBERG ESTATES TO JANUARY 1, 2009 WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SJExtension of conditional use permit for joint parking and drives and for drive through facility far a commercial development for Masters 5`h Avenue: Susie Wojchouski noted her question on the lag time between the lapse of the conditional use permit and the request for extension had been answered with the previous item. SUSIE WOJCHOUSKI MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR JOINT PARKING AND DRIVES AND A DRIVE-THROUGH FACILITY FOR MASTERS STH AVENUE TO JANUARY 1, 2009 WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION AND WITH THE ADDITION OF THE FOLLOWING CONDITIONS: A) DISCONNECTION OF EXISTING WATER AND SEWER CONNECTIONS ON VACANT LOTS PROPOSED FOR DEVELOPMENT AT THE DIRECTION OF THE PUBLIC WORKS DIRECTOR; B) CONTINUED MAINTENANCE OF THE VACANT LOTS PROPOSED FOR DEVLEOPMENT IN ACCORDANCE WITH CITY ORDINANCE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SL Amending Union contract far establishing a foreman position: Wayne Mayer questioned #4 in the Memorandum of Understanding and asked that the City Attorney provide clarification on this. WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM UNTILTHE CITY ATTORNEY CAN REVIEW THE MEMORANDUM OF UNDERSTANDING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes: 1/28/08 7. Public Hearin on Jelin cent utilities and certification of Jelin went accounts to Coun Auditor. Finance Director, Tom Ke11y noted that the list of delinquent accounts was greater in number and also greater in dollar value than previous quarters. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT CHARGES AS PRESENTED. TOM FERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearin on consideration of a eal of denial of a varianee to Cha ter 3-9 re ulatin wall and lon si na e. A licant: Moon Motors arts. Steve Grittman provided background information stating that the Planning Commission had denied a variance request from the applicant that would have allowed 434 square feet of wall signage and two pylon signs. The ordinance allows a maximum of 300 square feet of wall signage and one pylon sign. Moon Motorsports has agreed to have one pylon sign but has requested an appeal on the denial of the variance for maximum square footage of signs. Moon Motarsports is proposing 180 square foot pylon sign and 194 square feet of wall signage which totals 374 feet which exceeds the maximum allowed by ordinance. Brian Stumpf asked what had been done with the Hecker site. In the Hecker situation because of the different brands of cars being sold the signage was an issue. However, Steve Grittman indicated that the Hecker situation was different because there were a number of parcels and each parcel could have the signage allowed by code. Here there is only one parcel. Brian Stumpf asked when the Planning Commission was going to look at the sign ordinance. Jeff O'Neill stated that they would like to have the zoning ordinance updated by the end of the year. Brian Stumpf stated he didn't want to deny a variance only to have the ordinance change shortly thereafter and the new ordinance would allow the use that was denied. Clint Herbst felt if the pylon sign conforms to code the City should allow some leeway with the wall signage. Clint Herbst stated while no hardship is shown on this, he felt the City should be allowed to show flexibility with the total square footage. Brian Stumpf felt the sign ordinance should be looked at again as far as what signage should be allowed along the freeway. Wayne Mayer felt on a new sign ordinance the City should look at the total footage of wall space and the portion of that space that will be sign. Wayne Mayer felt the signage proposed by Moon Motorsports was aesthetically pleasing and that he did not have a problem with the wall signage proposed. Wayne Mayer said the benefit of tying it to square footage size of the building is that if the applicant wants bigger signs they have to build bigger buildings. Steve Grittman noted the ordinance does have a cap for wall signage. Brian Stumpf clarified that in denying the variance request the Planning Commission was upholding the guidelines for granting a variance and if the Council reverses the variance denial it is not a reflection on the Planning Commission. Steve Grittman said if the Council is satisfied with the sign plan and the information presented here this can be used in the draft of the new ordinance. 5 Council Minutes: 1/28/08 Susie Wojchouski stated that it is important for this building to have the wall signage but not the two pylons. WAYNE MAYER MOVED TO APPROVE THE VARIANCE WITH THE FINDING THAT THE PROFOSED SIGNAGE IS CONSISTENT WITH INTENT OF THE ORDINANCE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of amendment to conditional use ermit for o en and outdoor store a and outdoor sales and dis la A licant Moon Motors orts. Steve Grittman explained that the amendment to the conditional use permit is to allow far the change in the signage plan. BRIAN STUMPF MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT FOR MOON MOTORSPORTS BASED ON A FINDING THAT A HARDSHIP EXISTS WHICHPROHIBITS THE APPLICANT FROM HAVING REASONABLE USE OF THE PROPERTY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of establishin a second recinct for the 200$ eneral election. With the growing number of registered voters in the City, the Council was given preliminary information regarding the establishment of a second precinct. With approximately 6,000 registered voters the concern is whether the existing polling place, the gymnasium at the Community Center could continue to function as the sale polling place. Richard Quick, head election official, had discussed with Jim Johnson of the school district possible sites within the school district. The arena facility used for the school district elections was offered as a possible site. In the recent school district referendum the school had processed almost 4,000 voters through this facility. The facility uses the arena entrance so it has a separate entrance, is not intrusive into the school activities, is handicap accessible and has adequate parking. Brian Stumpf expressed concerns about using the school because of the impact the election activity would have on school activities and security. Clint Herbst felt the election process at the school during the referendum was difficult and was reluctant to make any change without educating the voters about the precinct change. Wayne Mayer noted that there are certain times of the year when the MCC facilities are closed such as pool cleaning and questioned whether the MCC couldn't schedule this activity during the election so there would be one less use of the facility for that day. Kitty Baltos, MCC Director, stated that the Community Center is never closed dawn to everyone unless it is a weather related emergency. She stated that 300-400 people use the facility and they would be upset if the facility was closed for elections. Clint Herbst felt the main problem with the facility is the parking and suggested that perhaps for elections the MCC members could use the parking lot by the library. Kitty Baltos stated that there is only one handicapped entrance which is on the south side by the Senior Center. The other entrances could be made handicapped accessible but it would be rather costly. Clint 6 Couucil Minutes: 1/28/08 Herbst suggested utilizing both the Council Chambers and the gymnasium, Susie Wojchouski wondered about using a church facility. It was thought that the only churches with rooms of any size were St. Henry's and Resurrection Lutheran Church. There was general discussion on what could be dare to alleviate parking situation and to ease the flow of pedestrian traffic within the MCC facility. WAYNE MAYER MOVED TO HAVE THE MCC ADVISORY BOARD LOOK AT THIS 1N DETAIL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of a re uest for amendment to the Monticello Zonin Ordinance Cha ter 3 re olefin re uired fencin screenin and landsca in and re uired screenin for off-street ~arldng. City of Monticello. The proposed amendment provides for screening far commercial, industrial or institutional parking lots that abut against residential development. The amendment is meant to reduce the impact of vehicle headlights on residential properties. In instances where vehicle headlights are directed at abutting properties, the ordinance would require screening by the use of ahalf--berm design. If conditions do not permit the required size berm, solid maintenance free fencing maybe used for all or a portion of the retaining wall. Steve Grittman stated developers can opt to design their parking lot so that it is not face out parking. Clint Herbst questioned if the berm is above four feet do they need to have a wall on it far safety reasons. Wayne Mayer said he had a concern about there being no barrier to keep kids from coming into this area. Steve Grittman said there will still be planting requirements which may discourage children. Steve Grittman added that at 4' it has to be an engineered wall which just means an engineer signs off on the wall design. City Engineer Bruce Westby said another option is to do something with the slope ratio. It was suggested going with a 3.1 ratio rather than 4.1 Tom Perrault stated in the agenda item under the discussion of the buffer yard, the individual is responsible for only %2 of the buffer yard and that responsibility belongs to the developer rather than the individual residents. Wayne Mayer asked if there was a maximum height the berm could be. He would be concerned if anything was allowed much over four feet. Steve Grittman indicated a berm much higher than 4' would be cost prohibitive. SUSIE WOJCHOUSKI MOVED TO APPROVE THE AMENDMENT TO SECTION 3-5[D]9 WITH THE CREATION OF SECTION (U) AS PREPARED BASED ON A FINDTNG THAT THE PROPOSED AMENDMENT IS NECESSARY TO ASSIST IN PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE CITY AND WITH A REVISION TO THE PROPOSED AMENDMENT MAKING THE SLOPE 3.1 INSTEAD OF 4.1. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. MOVED TO CONSENT AGENDA 13. Consideration of financial olicies: A. Travel and Reimbursement Policy According to Tam Kelly, Finance Director, the City in the past operated their travel and reimbursement policy on the basis of two memos; one relating to allowable expenses for Fire Department Personnel and the other to reimbursement procedures far staff. There was never a formal policy. The draft policy had been reviewed by department heads at a site review meeting. 7 Council Minutes: 1/28/08 Tom Kelly reviewed the various provisions of the policy. The provision that generated the most discussion was the meal allowance. The policy contained maximum amounts the city would reimburse for a meal. However, it was noted the reimbursement would be based on actual costs. Any exception to this provision would have to be approved in advance by the City Administrator. Clint Herbst felt the meal reimbursement maximum was high but added that no matter what was set there would be some employees who would abuse it regardless. Tom Perrault asked about being paid for travel time. Tom Kelly responded that the only way to get paid for travel time is if you get prior approval from the City Administrator. Otherwise it is treated like going to work. If the mileage is more than what it takes you to get to work you are paid for the difference. If it is less than what it takes to get to work the individual receives no reimbursement. Wayne Mayer felt the department heads would have to show same responsibility in monitoring this and if there were any problems with the policy the Council could revisit the matter in six months. WAYNE MAYER MOVED TO ADOPT THE TRAVEL AND REIMBURSEMENT POLICY. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT THE MEAL ALLOWANCE WAS TOO HIGH. 14. Review of bids for vehicle storage building, Proiect 2007-19C and consideration af_award of COlltraCt. City Engineer, Bruce Westby reported that the City received a total of 22 bids for the vehicle storage building project. The base bid was for a masonry building and the alternate bid was for a pre-engineered metal building. The bids for the masonry building ranged from $328,674.00 to $545,453.85. The pre-engineered metal building bids ranged from $245,922.00 to $404,792.00. Due to an error in bidding the law bidder on the pre-engineered metal building pulled his bid which resulted in the low bidder an both the base bid and the alternate bid being Kue Contractors. To evaluate the cost differences in constructing and maintaining the two building types, Bruce Westby had an analysis done of the life cycle cost. The study shows that if the life cycle is 20 years then the pre-engineered metal building comes out better. With a 40 year design life cycle the two are about equal and at 60 years the masonry building is a better option. Based on the bids submitted by Kue Contractors there was only $48,000 difference in construction costs between the two alternatives. Susie Wojchouski asked what equipment was going to be stored in the building and where it is presently stored. The equipment includes the tanker nurse unit which is currently stored in the shop at the WWTP; a tanker and the applicator and disk which are stored out at the farm. Jahn Simola said the problem with storing this out at the farm is that there is no place for staff to work on the equipment. Susie Wojchouski asked if this was something the City could wait on for a couple of years and whether the value of the equipment was worth more than the cost of the building proposed to house them. John Simola indicated the applicator was about $200,000; the nurse unit is $250,000 and tanker is $30,000-$50,000. Some of the features of the building were discussed with cost being a concern far the Council. Paul Saffert from Bolton Menk indicated the cost for this structure when included it was included in the biosolids bid was $360,000. Funding far this project was included in the recent bond sale. 8 Council Minutes: 1/28/08 WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR CITY PROJECT NO.2007-19C TO KUE CONTRACTORS BASED UPON THEIR LOW BID OF $260,647 FOR THE ALTERNATE BID ITEM (PRE-ENGINEERED METAL BUILDING). BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Review of bids for di ester mixers Pro'ect 2007-18C and consideration of award of contract. Jahn Simola stated the mixers would be installed in the sludge stabilization tank where the biasolids are stored. Currently there are no mixers in this tank. The mixers will be on a time clack and not be fully automated. The mixers are needed to control the biosolids for now and in the future. With the mixers installed there would be uniformity as far as nitrogen content. Regardless of what process is chosen in the future to handle the biosolids the mixers are needed. John Simola also informed the Council that the new NPDES permit for the plant was approved without public comment. The dryer and press are approved within that permit. BRIAN STUMPF MOVED TO AWARD THE CONTRACT FOR CITY PROJECT N0.2007- 1 SC TO KRAEMER TRUCKING AND EXCAVATING BASED UPON THEIR LOW BID OF $356,557. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of establishin are ular worksha meetin rior to the second Council meeting of the month. A discussion was held on the number of special meetings that the Council held over the past year. It was suggested by the City Administrator that the Council set a regular date far consideration of workshop items. Brian Stumpf asked when the City would be going to a third meeting a month. The question was whether it was better to have a committed time than floating between the 2°d and 4~h Mondays. Brian Stumpf asked that if a regular workshop meeting time was approved that it start in March as he will be gone for the second meeting in February. SUSIE WOJCHOUSKI MOVED TO ESTABLISH THE FOURTH MONDAY AT 5 F.M. AS A DATE FOR A REGULAR MEETING OF THE CITY COUNCIL FOR THE PURPOSE OF REVIEWING WORKSHOP ITEMS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added item: Marvin Road -Brian Stumpf asked what the City was going to do about Marvin Raad. Would the City consider vacating it? John Simola indicated the City had pipe in the road right-of- way. Clint Herbst suggested John Simola and Bruce Westby will look at this so there is some plan in place for spring. 17. Consideration of approving payment of bills for January, 2008. BRIAN STUMFF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Adiourn. TOM PERRAULT MOVED TO ADJOURN AT 9:05 F.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9 Council Minutes: 1/2$/08 Recording Secretary 10