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1 <br />1 <br />1 <br />COUNCIL MEETING APRIL 26, 1993 <br />ATTORNEY'S REPORT <br />SECOND READING - Ordinance No. 93 - 05 Extending the Moratorium <br />on the Siting of Adult Uses -Principal as Defined Herein Within <br />any Zoning District of the City of Lino Lakes - Mr. Hawkins <br />explained that the first reading of this ordinance was held on <br />April 12, 1993. Since that time there have been no changes or <br />adjustments to the ordinance and also there has been no public <br />comment. The original moratorium was adopted May 11, 1992. <br />The proposed ordinance is well along in the process toward <br />completion. Mr. Schumacher, Mr. Brixius and Mr. Hawkins have met <br />on this matter and have determined that some minor changes should <br />be incorporated into the proposed ordinance. A public hearing on <br />the draft ordinance will be held at the May, 1993 Planning and <br />Zoning Board meeting. <br />Council Member Kuether moved to adopt the Second Reading of <br />Ordinance No. 93 - 05 Extending the Moratorium on the Siting of <br />Adult Uses -Principal as Defined Herein Within any Zoning District <br />of the City of Lino Lakes for 180 days. Council Member Bergeson <br />seconded the motion. Motion carried unanimously. <br />Ordinance No. 93 - 05 can be found at the end of these minutes. <br />Consideration of Settlement/Agreement for Legal Action Pending <br />Relative to the 1991 Brandywood Estates Improvement Project - Mr. <br />Hawkins explained that the contractor in Brandywood Estates, <br />Arcon Construction had not been able to complete the project by <br />the contract completion date. The contractor had claimed that <br />weather was the primary reason. The City held back a portion of <br />the payment for the contract in the amount of $30,000.00. The <br />City assessed the project including the $30,000.00 and now the <br />claim by Arcon Construction has been resolved for $30,000.00. It <br />was felt that the City's consulting engineering company, SEH, had <br />responsibility in this matter and they have agreed to contribute <br />$10,000.00 to conclude the matter without accepting any blame. <br />The City will recover all costs so that there will be no <br />expenditure of City funds. <br />Council Member Neal moved to approve the agreement as outlined by <br />Mr. Hawkins. Council Member Elliott seconded the motion. Motion <br />carried unanimously. <br />CONSIDERATION OF MILO BENNETT TWO (2) YEAR CONTRACT <br />Mr. Schumacher explained that at the time Chief Bennett was hired <br />by the Centennial Fire District, it was recommended by the <br />steering committee to enter into a two (2) year employment <br />PAGE 24 <br />155 <br />