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HomeMy WebLinkAbout03/22/1993 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MARCH 22, 1993 Staff members present: City Attorney, Bill Hawkins; Consulting Planner, Alan Brixius; Planning Coordinator, Mary Kay Wyland; Public Works Director, Don Volk; Waste Abatement Coordinator, Fran Kurk; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Kuether moved to approve the agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM DISPOSITION DISBURSEMENTS: March 22, 1993 Approved Centennial Fire Department Approved REGULAR AGENDA OPEN MIKE Kerry Ostergren, 6900 Black Duck Drive, Director of the Reshanau Park Homeowners Association, explained that she would have comments under agenda item No. 4B. PRESENTATION OF BOY SCOUT AWARDS TO TROOP #136 AND TROOP #103 FOR RECYCLING Mayor Reinert introduced Troop Leaders, Neal Benjamin and Larry PAGE 1 87 COUNCIL MEETING MARCH 22, 1993 Farr who was attending this evening for Troop Leader Guy Herr. Mayor Reinert explained that the two (2) Boy Scout Troops have been working very hard and doing a very good job in the area of recycling corrugated paper products (cardboard). A plaque was presented to each of the two (2) Troops in appreciation of their work. Boy Scout, Rob Schneider accepted the plaques and expressed his appreciation for the recognition of their efforts. PUBLIC WORKS DEPARTMENT REPORT Consideration of Bids for Dump Truck - Mr. Volk explained that the 1993 General Fund Budget contains $70,000.00 to replace the oldest (1974) dump truck in the City fleet. The City has bid this vehicle both with the Hennepin County Cooperative purchasing group and the State of Minnesota purchasing group. The Hennepin County Bid was with North Star International Trucks, Inc. for $40,132.00 and the State of Minnesota bid was with Lakeland Ford Truck Sales, Inc. for $38,644.89. The bids that were received are for the cab and chassis only. Bids for the dump box, snow plow equipment and hydraulic equipment will be solicited shortly. It is expected that the total cost of the cab, chassis and equipment will be within the budgeted figure. Sales tax is included in the bid. Council Member Elliott moved to approve the low bid of $38,644.89 from Lakeland Ford Truck Sales, Inc. Council Member Bergeson seconded the motion. Motion carried unanimously. First Reading, Ordinance No. 93 - 02, Solid Waste Hauler Licensing - Mr. Volk explained that the Solid Waste Advisory Committee has been drafting this ordinance for most of 1992 and into 1993. Other ordinances of this type were researched, meetings were held with the waste haulers and data was collected from the Lino Lakes citizens via a questionnaire. This ordinance is proposed to be an amendment to the current solid waste ordinance which requires solid waste collection service for every residential household in Lino Lakes. The two (2) primary provisions of Ordinance No. 93 - 02 are as follows: 1) it allows the City to meet the state mandate that all residential haulers be licensed, and 2) it limits as best as can presently be done, the number of refuse vehicles using the City streets. The maximum number of licenses to be issued by the City is five (5) and through attrition the maximum number of licenses issued shall decrease to four (4). There were no comments from the City Council or the audience on this matter. PAGE 2 1 1 1 1 COUNCIL MEETING MARCH 22, 1993 Council Member Elliott moved to approve the first reading of Ordinance No. 93 - 02 and dispense with the reading noting that copies of the proposed ordinance are available from the City Clerk. Council Member Kuether seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT Minor Subdivision, Pheasant Hills Preserve - Mr. Brixius used the overhead projector and outlined the area of the proposed minor subdivision. He explained that this request involves a land trade between the Centennial School District and Mr. Ed Vaughan, developer of Pheasant Hills Preserve. The proposal is to trade approximately eight (8) acres of land on the east side of the school district property and immediately adjacent to Pheasant Hills for eight (8) acres on the west side of the school district property. A copy of the Centennial School District meeting minutes authorizing the land trade is included in the staff file. In addition a letter from the Superintendent endorsing the proposed subdivision has been received. The Planning and Zoning Board has reviewed the request and has recommended approval of the minor subdivision with the stipulation that no insinuation that this be an endorsement of the revised concept or approval of the preliminary plat. These applications will be evaluated on their own merit and will be subject to delineation of wetland boundaries and topography and other subdivision information required with a preliminary plat. Council Member Kuether explained that she performed a market analysis on the property and will be abstaining from the vote. Council Member Bergeson asked if the new parcels conform to existing City Code. He was informed that they do conform. Mr. Schumacher asked if by adding this parcel to Mr. Vaughan's Pheasant Hills Preserve subdivision will there be any impact on other permits already issued to that subdivision. Mr. Brixius explained that a new preliminary plat must be prepared and it will be governed by the new DNR regulations. He felt that this was not a significant change. Mr. Schumacher asked if the City Council approves the minor subdivision will the previous permits be jeopardized. Mr. Brixius indicated that Mr. Vaughan is aware of this concern. Mr. Vaughan had not yet arrived in the Council chambers to participate in this discussion. The matter was delayed to after Item No. 6 on the agenda. PAGE 3 89 90 COUNCIL MEETING MARCH 22, 1993 Ordinance No. 93 - 04 Amending the Lino Lakes Zoning Ordinance by Repealing Public and Semi -Public Uses from Various Zoning Districts Within the City, First Reading - Mr. Brixius gave a brief background on this proposed ordinance amendment. He explained that the purpose of the amendment is to re -organize Section 19 of the Zoning Code title Public and Semi -Public District and to provide a clearer interpretation of the section. The Planning and Zoning Board held a public hearing on this proposed ordinance amendment, Wednesday, March 10, 1993. After due consideration, the Planning and Zoning Board recommended that the amendment be adopted by the City Council. The proposed ordinance amendment is designed to repeal public and semi-public uses from various City zoning districts and clarify those allowed in the Public and Semi -Public District. The preparation of the draft amendment was originally prompted by a desire to provide regulation for "private" parks. The City Attorney suggested that an ordinance amendment be pursued which would define public and private parks and require parks (for public and semi-public use) to hold a Public and Semi -Public zoning designation. The following is a brief summary of the proposed ordinance amendment: Section 1. The current Zoning Ordinance does not include any park related definitions. So as to avoid future problems relating to the public-private park issue, definitions for both terms have been provided. Section 2 - 12. So as to fully realize the intent of the City's PSP Zoning District, various public and semi-public uses have been repealed from various City zoning districts. The repealing of such uses will require schools, parks and municipal buildings to hold PSP zoning designations. The repealing of such uses is generally considered positive in that the City is provided an opportunity to determine whether a particular public, semi-public use is appropriate for a particular tract of land via the zoning process. Section 13. This section has been revised to include the following modifications: - The reference to "parks" in Item 6 (D) has been changed from "parks" to "public parks". The modification is intended to remove any questions regarding the allowance of private parks within the district. Such a reference PAGE 4 1 1 1 1 1 COUNCIL MEETING MARCH 22, 1993 would mean that "private parks" would only be allowed via the PDO Planned Development Overlay designation. The proposed zoning amendment also substantiates the intent of the City's "PSP" Zoning District by requiring public and semi- public uses (schools, parks, etc.) to hold a public and semi- public zoning designation. An additional issue addressed by the proposed zoning amendment is that of accessory uses. The City's existing accessory use regulations provide a level of uncertainty as to what types of accessory uses are expressly permitted within the PSP Zoning District. Council Member Bergeson questioned the logic behind taking some of the conditional uses away and leaving other conditional uses. Mr. Brixius explained that the logic is to create a foundation to make better decisions regarding the use in certain districts. Council Member Bergeson noted that if this proposed zoning amendment is adopted, the City must rezone all City parks, cemeteries and possibly some school district property. Mayor Reinert noted that the proposal does not provide for any unusual provision and does give the City the opportunity to review specific proposals. Mayor Reinert also asked about "for profit" parks. Mr. Brixius explained that there are some commercial recreation uses such as a public golf course. Council Member Bergeson said he felt that schools and parks should be distributed into the neighborhoods and hoped that this proposed ordinance amendment would not regulate all such uses out of the neighborhoods. Mr. Brixius explained that the purpose of the proposed ordinance amendment was to intergrade these uses into the neighborhoods. Kerry Ostergren, 6900 Black Duck Drive presented background information regarding the proposed private park on Outlots A and B, Reshanau Park Estates. She read excerpts from previous City Council minutes and letters from various City staff and other regulatory agencies including a recent letter from the City Administrator regarding permit requirements for Outlots A and B. Ms. Ostergren requested that the first reading of the proposed ordinance be tabled until she has received answers to a list of questions that she then presented to the City Council. Mayor Reinert noted that some of the material presented by Ms. Ostergren was not quoted exactly. He asked that the list of questions be presented to the City Attorney. He will prepare answers with the assistance of the staff. PAGE 5 91 92 COUNCIL MEETING MARCH 22, 1993 Mark Walmsley, 6978 Black Duck Drive told the City Council that he felt that this ordinance is trying to remove his rights as a landowner. He questioned the motive of the City Council in trying to adopt this proposed ordinance amendment. He asked that if the motive for the proposed ordinance is to protect the lake, he asked that everyone work together to prepare and enforce rules for lake use. Liz Moscatelli, 1362 Rice Creek Trail, Shoreview explained that she is building a new home at 6932 Black Duck Drive and received a letter from Mr. Schumacher regarding Outlots A and B. Ms. Moscatelli asked how her name was obtained and why she received this letter. Mr. Schumacher explained that the letter was sent to all landowners in the Reshanau Park Estates subdivision. Ms. Moscatelli said that she was not yet a landowner and felt the letter was intimidating. Mr. Schumacher explained that the intention was to make everyone with an interest in the two outlots aware that permits are required for any activity on the outlots. Her name was obtained in the same manner as all other names. Ms. Moscatelli will be given information as to how the City obtained her name and address. Elaine Malley, 6969 Black Duck Drive explained that she also received a letter from Mr. Schumacher and was distressed. She noted that the letter stated that further improvement was prohibited by ordinance and asked what ordinance was involved. Ms. Malley felt that the letter was vague and asked for further explanation. Mark Lindblad, 6960 Black Duck Drive explained that he also received a letter from Mr. Schumacher. He felt that the letter was in conflict with the City Attorney's legal opinion given at a City Council meeting last fall. Mr. Lindblad asked if there has been some legal changes. Mr. Lindblad also asked if the entire City Council was aware of the letter. Mayor Reinert explained that the City Council was aware that the letter was being mailed and explained that the letter is based on existing City ordinances. Council Members Kuether and Neal said that they had not seen the letter. Mayor Reinert also noted that the item on the agenda is not specifically based on the Reshanau Park Estates private park issue. Mr. Hawkins explained that the letter written by Mr. Schumacher was intended to reinforce the City's position because additional park improvements were continued after the City Council specifically indicated that no such action would take place until proper permits were obtained. PAGE 6 1 1 1 1 1 COUNCIL MEETING MARCH 22, 1993 Mr. Lindblad asked what was going on with the property that prompted this letter. Mr. Schumacher explained that he was informed that the lake access was being worked on after the Reshanau Park Estates Homeowner's Association was informed that they needed to go through the permit process. This was a violation since no City permits were issued. Mr. Lindblad said he felt that the letter was threatening. Ms. Ostergren asked specifically what information was received regarding the activity on the outlots. She asked if Mr. Schumacher has inspected the property himself. Mr. Schumacher explained that the Building Inspector had observed that the lake access was worked on without any permits from the City. He found pipes in the ground holding fabric in place as well as material deposited on the floor of the Lake. Ms. Ostergren said this was in accordance with the DNR, CORP and the RCWD permits. She asked if every resident would be required to go through the permit process as is being required of the Homeowner's Association. She said she felt that the boat launch was a permitted use and the Homeowner's Association was being singled out. Mr. Brixius explained that if it is determined that Outlots A and B constitute a legal park, they will be grandfathered. Council Member Neal moved to approve the first reading of Ordinance No. 93 - 04 Amending the Lino Lakes Zoning Ordinance by Repealing Public and Semi -Public Uses from Various Districts Within the City and dispense with the reading. Council Member Elliott seconded the motion. Council Member Bergeson explained that the purpose of the ordinance amendment is to eliminate any ambiguity in our present ordinance and to define private parks. Voting on the motion, motion carried unanimously. PIIBLIC HEARING, VACATION OF EASEMENT FOR DRAINAGE AND UTILITY PURPOSES, 129.33 FEET EAST OF LAKE DRIVE ON OAK LANE, RESOLUTION NO. 14 - 93 Ms. Wyland explained that staff would like to request that the public hearing be continued until April 12, 1993 to allow the applicant time to provide additional information requested from staff. Council Member Elliott moved to continue the public hearing to April 12, 1993, 6:45 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, ADOPTION OF TAX INCREMENT FINANCING DISTRICT (SENIOR HOUSING) CONTINUED FROM JANUARY 25, PAGE 7 95 94 COUNCIL MEETING MARCH 22, 1993 1993 The January 25, 1993 public hearing was continued to evaluate options for senior housing. At that time the tax credits necessary for financing were not available. Since then the Clinton administration has moved toward supporting a new round of tax legislation. Therefore, Mr. Roger Derrick of Homestead Cottages has requested resumed support of the senior housing project and authorization for use of TIF. Mr. Mike Saxton President of Homestead Cottages explained that he is confident that congress will extend legislation for tax credits. He noted that Homestead Cottages is working with Dain - Bosworth, Inc. to establish a program for the sale of taxable bonds for additional financing of the project. Mr. Saxton felt that the sale of the bonds would proceed when the tax credits are secured from the State Housing Finance Agency. He also explained that the development is dependent upon the establishment of the Tax Increment Financing District and the adoption of a modification of the existing plan. All of this will allow for the reduction of rents to make them affordable and meet federal guidelines. Tax credits allocated by the Federal Government will be an important component of the financing package. Application for the federal tax credits were made last year and Mr. Saxton felt that his project has priority for 1993. He noted that the City Council has supported Homestead Cottages in the past by writing letters to the State Health and Finance Agency. This has been helpful in establishing Homestead Cottages priority. Mr. Saxton asked that the City Council adopt the TIF plan so that Homestead Cottages can take the next step in the program, start the marketing aspect. A tentative date of April 17, 1993, 2:00 P.M. has been set to meet with prospective renters. Mr. Saxton noted that this meeting will be advertised and asked that some of the City Council and City Staff also attend this meeting so that all questions asked by the public can be answered. Council Member Elliott asked if the proposed project is similar to the senior cottages in North St. Paul near Target. Mr. Saxton said yes, however they would be more like the cottages in the City of Oakdale. Council Member Elliott noted that these were attractive and well maintained. Mr. Ron Batty was present in the audience to answer any questions about this particular TIF program. Council Member Bergeson asked what would happen if the City Council adopted this particular TIF program and then congress did not extend tax credits. Mr. Batty PAGE 8 1 1 1 1 1 COUNCIL MEETING MARCH 22, 1993 said nothing would happen. The resolution presented tonight only approves a financing plan for TIF No. 1-5. The property will not be "tainted". "Tainted" relates only to economic development districts and not housing districts. Mr. Batty also explained that adoption of this particular TIF plan does not commit the City Council to the development and does not imply approval of a particular development plan. The next step is the drafting of a development agreement. City Council adoption of a development agreement will commit the City Council to whatever is contained in the development agreement. There was no one in the audience to speak on this matter. Council Member Bergeson moved to close the public hearing at 8:03 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal moved to accept Mr. Schumacher's recommendation that the TIF District No. 1-5 be adopted by the Economic Development Authority with the stipulation that the TIF District not be certified with the County until financing has been secured for the senior project. During that time period a developer's agreement must be executed along with the establishment of an adequate escrow account. Council Member Elliott seconded the motion. Council Member Neal noted that he has made an application to rent a unit in the development and asked if voting on this matter would constitute a conflict of interest. Council Member Neal withdrew his motion and Council Member Elliott withdrew her second. Council Member Elliott moved to accept Mr. Schumacher's recommendation that Resolution No. 15 - 93 adopting the TIF District No. 1-5 be adopted by the Economic Development Authority with the stipulation that the TIF District not be certified with Anoka County until financing has been secured for the senior project. During that time period a developer's agreement must be executed along with the establishment of an adequate escrow account. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining. Resolution No. 15 - 93 can be found at the end of these minutes. PLANNING AND ZONING REPORT Minor Subdivision, Pheasant Hills Preserve - This matter was discussed earlier during this meeting and action was delayed until Mr. Vaughan was updated on the matter by the City Engineer. Mr. Vaughan had entered the Council chambers and noted that he PAGE 9 95 96 COUNCIL MEETING MARCH 22, 1993 had spoken with Mr. Schneider. Mr. Vaughan showed a plat of the proposed changes in the original preliminary plat. He noted that the main entry will be on the newly acquired school property and there will be new houses constructed on the west side of the entry street. Mr. Vaughan explained that he and his engineer had discussed the matter of whether or not permits previously issued for his subdivision would be jeopardized. Mr. Vaughan's engineer had suggested filing an amendment to the original plat since no wetlands will be affected by this change. He noted that all houses will be constructed on high land and all crossings will remain the same. All permits currently in place should remain the same. Council Member Neal asked Mr. Vaughan to explain Council Member Kuether's roll in the land swap with the Centennial School District. Mr. Vaughan explained that Council Member Kuether was hired to perform an appraisal on the affected property. He noted that the School District has specifically requested only one (1) appraisal. Mayor Reinert noted that only a market analysis was presented and both the School District and Mr. Vaughan were happy with the appraisal. Council Member Bergeson moved to approve the minor subdivision as stated by the City Planner. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether and Council Member Neal abstaining. Council Member Kuether explained that she abstained because she did perform the market analysis. Council Member Neal explained that he abstained because he did question Council Member Kuether's involvement in the property and did not want to get involved. ATTORNEY'S REPORT Consideration of Forgiving Interest Due on Assessment for East Ash Street - Mr. Hawkins gave a brief background on the assessment for East Ash Street. After an agreement was reached in 1991 regarding the amount of the assessment for Lots 14 and 15, Block 1, West Oaks of Bald Eagle, the matter was filed and not given to the City Clerk to record. Recently the matter was again considered and each of the two (2) lot owners were notified that the assessment was due. The owner of Lot 14, Block 1 acknowledged that he owned the assessment and paid it with interest. When the owner of Lot 15, Block 1 purchased the lot the developer did not advise him that there was an assessment due. This lot owner has asked that the City abate the interest due on the assessment. Mr. Hawkins explained that the assessment should have been paid PAGE 10 1 1 1 1 COUNCIL MEETING MARCH 22, 1993 when the lot was sold to the new owner. The developer was aware of the assessment. Council Member Bergeson asked how much additional staff time will this matter consume if the City Council does not abate the interest. Mr. Hawkins explained that the City Clerk will assess the interest to the 1994 property taxes. Council Member Kuether moved to decline to forgive the interest on the assessment. Council Member Elliott seconded the motion. Council Member Bergeson explained that the reason for this action is to avoid setting a precedence and to follow the assessment policy. Voting on the motion. Motion carried unanimously. OLD BIISINESS There was no old business. NEW BIISINESS Consideration of Minutes, Council Work Session, February 17, 1993 - Council Member Elliott moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Minutes, Council Work Session, March 3, 1993 - Council Member Elliott moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Minutes, Regular Council Meeting, March 8, 1993 - Council Member Elliott moved to approve the minutes as presented. Council Member Kuether seconded the motion. Motion carried with Council Member Neal abstaining. Council Member Elliott moved to adjourn at 8:25 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular City Council meeting on April 12, 1993. Marlilyr G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 11 97 98 Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 15 — 93 RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-5 BE IT RESOLVED By the City Council (the "Council") of the City of Lino Lakes, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. On January 26, 1987, the City adopted a Development Program for Development District No. 1, pursuant to and in accordance with Minnesota Statutes, sections 469.124 through 469.134. 1.02. Since 1987, the City has established four tax increment financing districts within Development District No. 1 pursuant to the provisions of Minnesota Statutes, sections 469.174 through 469.179. 1.03. The City has subsequently transferred authority regarding economic development within Lino Lakes, including administration of Development District No. 1, to the Economic Development Authority (the "Authority") . 1.04. It has been proposed that the Authority establish a fifth tax increment district to assist in a senior housing project within Development District No. 1. 1.05. The Authority has investigated the facts and has caused to be prepared a Tax Increment Financing Plan ("Plan") for Tax Increment Financing District No. 1-5 describing the assistance which may be provided for the benefit of and to encourage development of the new project. 1.06. All actions required by law to be performed prior to the approval of the Plan have been performed, including, but not limited to, a review of the Plan by the planning and zoning board its consistency with the general plans for development of the City, and approval of the Plan by the Authority on December 14, 1992. 1.07. The Authority has notified Anoka County and Independent School District No. 12 of the public hearing to be held before the Council. 1.08. The Plan is contained in a document entitled "Tax Increment Financing Plan, Tax Increment Financing District No. 1-5, Economic Development Authority, City of Lino Lakes, Minnesota" dated December 28, 1992, and is on file at city hall. 1.09. The Council has fully reviewed the contents of the Plan and has on December 28, 1992; January 25, 1993; and March 22, 1993 conducted a public hearing thereon at which the views of all interested persons were heard. RBB46713 LN140-25 1 1 1 Section 2. Findings Relating to the Establishment of Tax Increment Financing District No. 1-5 . 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to establish Tax Increment Financing District No. 1-5. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the senior housing project proposed in the Plan for Tax Increment Financing District No. 1-5, could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary to assist the project. 2.03. The expenditures proposed to be financed through tax increment financing are necessary to permit the City to realize the full potential of the District in terms of development intensity and tax base. 2.04. The Plan for Tax Increment Financing District No. 1-5 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the tax increment financing district by private enterprise. 2.05. The Council has relied upon the opinions and recommendations of its staff, the Authority and the planning and zoning board and the personal knowledge of the members of the Council in reaching its conclusions regarding the Plan and the establishment of Tax Increment Financing District No. 1-5. 2.06. Tax Increment Financing District No. 1-5 is a housing tax increment financing district within the meaning of Minnesota Statutes, section 469.174, Subd. 11. Section 3. Approval of the Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-5. 3.01. The Plan for Tax Increment Financing District No. 1-5 is hereby approved as adopted by the Authority. 3.02. Tax Increment Financing District No. 1-5 is hereby established. The boundaries of Tax Increment Financing District No. 1-5 are as described in the Plan and incorporated herein by reference. 3.03. The Executive Director of the Authority is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Plan to the auditor of Anoka County with a request that the original tax capacity of the property within Tax Increment Financing District No. 1-5 be certified to the Authority and the City pursuant to section 469.177, Subd. 1 of the Tax Increment Financing Act and to file a copy of the Plan for Tax Increment Financing District No. 1-5 with the Minnesota department of revenue. 3.04 The City Administrator is authorized and directed to transmit a copy of this resolution to the Authority. RAB46713 LN140-25 99 100 DATED: March 22, 1993. Vernon F. Reinert, Mayor ATTEST: Maril rn G ! `Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Bergeson, Reinert. and the following voted against same: None, Council Member Neal abstained. Whereupon said resolution was declared duly passed and adopted. RHB46713 LN140-25