HomeMy WebLinkAbout101695 Regular RECEPTION FOR CHUCK ARNOLD
AND DAVE ROSETH
6.'00 - 7:00 P.M.
OPEN FORUM- 7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
October 16, 1995
1. CALL TO ORDER ................................................................. 7:30 P.M.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
4. CONSENT AGENDA:
A. Consider Approval of Invoices To Be Paid
B. Consider Approval of Animal Control Report
C. Consider Approval of Building Permit Report
D. Consider Approval of Fire and Rescue Report
E. Consider Approval of Third Quarter Budget Report and Overview.
F. Consider Approval of Treasurer's Report
G. Consider Approval of Quarterly Investment Report
II. Consider Approval of Resolution 95-105 Denying Administrative
Land Division with Variances for Thomas J. Sylvester
I. Consider Approval of Resolution 95-107 Denying Appeal of Variances
to Ron Ceminsky.
J. Consider Approval of Assessment Deferment for Margaret I-Iannen's
two parcels - PIN 25-078-002-0 & 25-054-006-01, Project 95-01.
K. Consider Approval of Resolution 95-106 Approving Purchase of Two
1996 Ford Crown Victoria Squad Cars.
L. Consider Approval of Amendment #1 to the Developer's Agreement
with Progress Land Company for Carriage Hills 3rd Addition.
M. Consider Approval of Re-appointment of Advisory Body Members
whose Terms are Expiring.
N. Consider Approval of Amendment to Developer's Agreements £or E.M.
Products and NBC Products, Inc.
16200 L~]CC~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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5. PRESENTATIONS:
A. Presentation of Certificates of Appreciation to the following members
of the Planning Commission, Parks Advisory Committee and Lake
Advisory Committee who have recently resigned:
John Wingard Sam Ernond
Chuck Arnold Dave Roseth
6. PUBLIC HEARINGS - None
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-103 Rejecting Bids for Lift
Station # III
8. NEW BUSINESS:
A. Consider Approval of Resolution 95-97 for Authorizing
Comprehensive Plan Amendment From Agricultural to Commercial,
a MUSA Expansion and Land Trade, and Ordinance 95-15
Authorizing a Zoning change from A-1 to B-1 for Wilds North (RKB,
Inc) at the Southeast Corner of County Roads 42 and 83.
B. Consider Appeal of Buckingham Disposal from Ordinance
Interpretation..
C. Consider Approval of City Participation in the Livable Communities
Program.
D. Consider Approval of Action Plan for the T.H. 13 Corridor.
E. Consider Approval of Amendment to Section 5-7-6 of the Prior Lake
City Code and Prior Lake Sign Ordinance 94-06.
F. Consider Approval of Resolution 95-109 Eliminating Local
Government Aid/Homestead Agricultural Credit Aid Penalty for Tax
Increment Financing Districts.
A101695.DOC
9. OTHER BUSINESS:
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
A101695.DOC
MINUTES OF THE PRIOR LAKE CITY COUNCIL
October 16, 1995
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, October 16, 1995 at 7:30 p.m. in the
Council Chambers. Present were: Mayor Andren, Councilmembers
Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Public
Works Director Anderson, Planning Director Rye, Assistant City
Engineer John Wingard, City Attorney Glenn Kessel, and Recording
Secretary Connie Carlson.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of
Allegiance and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES _~Iinutes
Councilmember Scott pointed out that the name Kuykendall on page 8,
line 2 should be capitalized.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
APPROVE THE OCTOBER 2 COUNCIL MINUTES AS
AMENDED.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Scott, the motion carried.
4. CONSENT AGENDA:
A. Consider Approval of Invoices To Be Paid Invoices
B. Consider Approval of Animal Control Report Dog Catcher
C. Consider Approval of Building Permit Report Bldg. Permit
D. Consider Approval of Fire and Rescue Report Fire/Rescue
E. Consider Approval of Third Quarter Budget Report and Overview. 3rd Qtr. Budg.
F. Consider Approval of Treasurer's Report Treasurer
G. Consider Approval of Quarterly Investment Report Quarterly Inv.
H. Consider Approval of Resolution 95-105 Denying Administrative Res95-105
Land Division with Variances for Thomas J. Sylvester Sylvester
I. Consider Approval of Resolution 95-107 Denying Appeal off, es95-10?
Variances to Ron Ceminsky. Ceminsky
J. Consider Approval of Assessment Deferment for MargaretAsses. Appeal
Hannen's two parcels - PIN 25-078-002-0 & 25-054-006-01, ProjectHannen
95-01.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Minutes of the Prior Lake City Council October 16, 1995
K. Consider Approval of Resolution 95-106 Approving Purchase of Res95-106
Two 1996 Ford Crown Victoria Squad Cars. Squad Cars
L. Consider Approval of Amendment itl to the Developer's Agreement Devel. Agr.
with Progress Land Company for Carriage Hills 3rd Addition. Carriage Hills
M. Consider Approval of Re-appointment of Advisory Body Members Appt. Adv.
whose Terms are Expiring. Bd. Members
N.Consider Approval of Amendment to Developer's Agreements for Dev. Agreement
E.M. Products and NBC Products, Inc. EM Prod. &
NBC Prod.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO consent Agenda
APPROVE CONSENT AGENDA ITEMS A THROUGH N.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
5. PRESENTATIONS:
A. Presentation of Certificates of Appreciation to the following Certificates
members of the Planning Commission, Parks Advisory Committee of Appreciation
and Lake Advisory Committee who have recently resigned: PC, PAC,. LAC
Chuck Arnold Planning Commission c. Arnold
Dave Roseth Planning Commission D. Roseth
Sam Emond Park Advisory Committee s. Emond
John Wingard Lake Advisory Committee J. ~/ingard
City Manager Boyles introduced the 4 committee members, and
Mayor Andren presented Certificates of Appreciation to them.
Each former committee member thanked the City Council and the
committees.
6. PUBLIC HEARINGS - None
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-103 Rejecting Bids for Lift
Station it3 City Manager Boyles discussed staffs recommendation
that the Council approve the resolution rejecting the bids because
the bids were higher than anticipated and the issues are not timely
in that there is some opportunity to rebid for this lift station in the
future. There were no comments from the City Council.
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Minutes of the Prior Lake City Council October 16, 1995
MOTION BY ANDREN, SECOND BY GREENFIELD, TORes95-103
APPROVE RESOLUTION 95-103 REJECTING BIDS FORLift station3
LIFT STATION #3.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
8. NEW BUSINESS:
A. Consider Approval of Resolution 95~97 for Authorizing
Comprehensive Plan Amendment From Agricultural to
Commercial, a MUSA Expansion and Land Trade, and Ordinance
95-15Authorizing a Zoning change from A-1 to B-1 for Wilds North
(RKB, INC.) at the Southeast Corner of County Roads 42 and 83.
City Manager Boyles discussed two critical issues: 1) Should the
public subsidize this request since the need for infrastructure
comes earlier in the process than would otherwise be necessary?
Are the special assessments sustainable once the area is
transferred out of the MUSA? 2) To what degree does the City
Council have the right to regulate the kind of uses on this 19.5
acre parcel?
Mayor Andren commented on the August and September public
hearings. The City Council heard from the Staff and the
Applicant.
City Planner Rye presented a report dated 10/16/95. The proposal
is to change the 19.5 acre parcel from A-1 Agricultural to
Commercial, extend the MUSA service area boundary to include
this property, and remove a 40 acre parcel on the north shore of
Prior Lake from the MUSA area and change the zoning from A-1
Agricultural to B-1 Limited Business. Planning Commission feels
the deferred assessments on the 40 acres be paid as a condition of
approval of this request. The City should also not incur any of the
infrastructure costs as a part of this land use change because this
is a different schedule of improvement than that of the City's
Capital Improvement Program. Applicant has an agreement with
owner of the 40 acres to remove the land from the MUSA with the
condition that it be added back into the MUSA as part of the 2010
Plan. The Planning Commission is of the opinion that the deferred
assessments should be paid the City not incur additional costs
associated with the project , and approve the plan as submitted.
The Staff Report states that the B-1 Zoning is not appropriate for
M101695 DOC 3
Minutes of the Prior Lake City Council October 16, 1995
the area, and recommends deferring zoning changes and using a
PUD approach to site development.
Councilmember Scott questioned assessments on the property.
City Attorney Kessel clarified that if 30 years pass after levy of the
assessment (20 years from now), the City cannot collect the
assessments. There is no tax benefit if nothing is done. Kessel
explained MUSA and the risk of not collecting the assessments.
Applicant Dick Burtness gave an overview of the development. He
spoke of the amenities needed by homeowners (food stores,
gasoline, etc.), the amenities provided by The Wilds and stated
that those amenities must make money. He is asking for
cooperation with the City of Prior Lake. This plan refers to
commercial use and multi-family residential use.
Burtness stated that the $410,000 assessment is on the Vierling
property is not his responsibihty. It is in "Green Acres", according
to the County Assessor, and can be removed if 1) the property
usage changes or 2) the ownership changes. Burtness wants to
create tax base by development, far more than the $410,000
assessment, rather than leave the land in green acres, in which
case the City may not collect the assessment.
Councilmember Scott questioned the land swap in terms of the
Comprehensive Plan and approval of Metropolitan Council's
MUSA land.
Assistant City Manager Tremere pointed out that the final say in
returning the land to MUSA is up to the Metropolitan Council.
City Attorney Kessel clarified that as long as the property stays in
green acres, the assessment is deferred. Once it is removed from
green acres, the City can begin collecting the assessment.
According to the statutes, the entire assessment would come due at
the time of the sale.
There was extensive discussion concerning the vision for
development in that corridor, and in regard to the Comprehensive
Plan for the area.
Mayor Andren spoke in favor of a PUD as the ideal solution from
the City's point of view and in the public's benefit.. It affords the
City some control and gives the public a representation of what is
Minutes of the Prior Lake City Council October 16, 1995
going to be developed. She wants staff to 1) investigate the issue of
the $400,000 and 2) to address the issue of growth in the corridor.
City Manager Boyles suggested that the City needs to 1)
investigate the special assessment, 2) address more specific data
on public infrastructure cost acceleration and 3) develop a means of
controlling uses either through a PUD or special zoning district
designation.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Res95-9?
TABLE ACTION ON THE MATTER NO MORE THAN 30 Comp rlan
DAYS, OR UNTIL THE NOVEMBER 20, 1995 MEETING. Amendment
Wilds -
Tabled
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
A short recess was called.
B. Consider Appeal of Buckingham Disposal from Ordinance
Interpretation. Mayor Andren turned the meeting over to
Councilmember Kedrowski to preside as Acting Mayor due to a
potential conflict of interest in this matter.
Acting Mayor Kedrowski said that City staffs interpretation is
that recycling is not currently contemplated in the ordinance as it
stands. As a result of that interpretation, a recycling operation
could not operate in an I-2 zoning district. Staff recommends that
research should be conducted and recycling could be considered as
a conditional use since this would afford the City Council an
opportunity to address issues of impact upon adjacent land uses.
City Planner Rye reviewed the Planning Commission's
recommendation the City Council uphold the appellant's
contention that the recycling operation fits within the definition of
light manufacturing. The Planning Commission supports the
applicant's position. Staff recommends that while the staff
determination be upheld, Council could direct staff to conduct a
study under applicable sections of the ordinance to determine
under what circumstances a recycling center could be allowed in
the I-2 zoning district.
If Council believes the recycling operation as described by the
applicant does not fit the definition of light manufacturing, it
M101695DOC 5
Minutes of the Prior Lake City Council October 16, 1995
should uphold the staff determination. If Council believes the
recycling operation does fit the definition of light manufacturing it
should uphold the Planning Commission and the applicant. If
Council believes this operation is sufficiently different from other
light manufacturing uses, it should direct staff to conduct the
necessary study to define how that facility might be regulated in
the ordinance. Outside storage, potentially hazardous material
storage, and controlled traffic and drainage are to be considered for
a possible Conditional Use in the I-2 zone. No further enforcement
action would be taken while the study is pending.
Scott was concerned about whether or not Scott County would give
a license to Buckingham for the interim time and about the time
frame of his license. Operation of the facility would not cease
during that time from the Planner's perspective. Rye indicated a
recommendation would be made within 30 days.
John Cairns, Briggs and Morgan Law Firm, and Tom Buckingham
were present to answer any questions. Councilmember Scott
questioned the previous zoning (Industrial) at the Savage location.
Councflmember Kedrowski questioned the handling of hazardous
materials. Mr. Buckingham said they do not handle hazardous
materials. All materials are regulated by Scott County and he
abides by these guidelines.
Planner Rye stated he was more concerned about outside storage,
drainage and typical land use concerns. Mr. Buckingham stated
that nothing is stored outside, but is transported to the
manufacturer. They are a transhipment facility.
Councilmember Schenck feels that this operation falls under the
definition of light manufacturing. A Conditional Use Permit
allows safeguards regarding a recycling operation.
Is final wording required before Buckingham can continue its
operation? Boyles stated that the County has issued a permit;
there may be direction from the Council on a Conditional Use
Permit, or ff they uphold the permit, the issue is done.
Councilmember Greenfield stated that the Zoning Ordinance does
not address the issue of recycling under the I-2 category. He is not
comfortable with recycling being included in the list of permitted
uses because it is a broad category. Conditional Uses are reviewed
yearly and, therefore, is better controlled than under the zoning
M101695 DOC 6
Minutes of the Prior Lake City Council October 16, 1995
ordinance. A Conditional Use also does not hold up the process
and affords the opportunity to work with recycling. Councilmemer
Scott concurred with Councflmemer Greenfield concerning the
Conditional Use Permit. Councilmember Schenck is concerned
that if there is a future recycling operation in Prior Lake that it be
of the same quality as the Buckingham facility and would support
assigning a Conditional Use in an I-2 zone, as long as nothing is
done to impact Buckingham's operation. Councilmember
Kedrowski supported the Planning Commission's position.
MOTION BY GREENFIELD, SECOND BY SCOTT, T(]Buckingham CU
PREPARE THE NECESSARY LANGUAGE TO PROVIDE
FOR CONDITIONAL USE FOR RECYCLING IN AN I-2
LIGHT INDUSTRIAL ZONING AREA FOR BUCKINGHAM
RECYCLING AND CONTACT THE COUNTY WITH
RESPECT TO THE STATUS OF THE COUNTY LICENSE IN
LIGHT OF THE CITES ACTION.
Upon a vote taken, ayes by Greenfield, Schenck and Scott, nays by
Kedrowski, Andren did not vote due to vacating the chaff. The
motion carried.
A short recess was called.
C. Consider Approval of City Participation in the Livable
Communities Program. City Manager Boyles presented details of
Resolution 95-108. and stated that participation in the Livable
Communities Program is optional. Mayor Andren read the
Resolution into the record (as follows):
RESOLUTION NO. 95-108
RESOLUTION AFFIRMING CITY POSITION REGARDING Res95-108
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM Livable Comm.
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Act
CALENDAR YEAR 1996
MOTION BY: Schenck SECOND BY: Scott
WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws
Chapter 255) establishes a Metropolitan Livable Communities Fund
which is intended to address housing and other development issues
facing the metropolitan area defined by Minnesota Statutes section
Minutes of the Prior Lake City Council October 16, 1995
473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax
Base Revitalization Account, the Livable Communities
Demonstration Account and the Local Housing Incentives Account, is
intended to provide certain funding and other assistance to
metropohtan area municipahfies; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or
loans under the Metropohtan Livable Communities Fund or eligible
to receive certain polluted sites cleanup funding from the Minnesota
Department of Trade and Economic Development unless the
municipality is participating in the Local Housing Incentives
Account Program under Minnesota Statutes section 473.254; and
WHEREAS, the Metropohtan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to estabhsh affordable
and life-cycle housing goals for that municipality that are consistent
with and promote the policies of the Metropolitan Council as
provided in the adopted Metropolitan Development Guide; and
WHEREAS. by June 30, 1996, each municipahty must identify to the
Metropolitan Council the actions the municipality plans to take to
meet the established housing goals; and
WHEREAS, the Metropolitan Council must adopt, by resolution after a pubhc
hearing, the negotiated affordable and life-cycle housing goals for
each municipality by January 15, 1996; and
WHEREAS, a metropolitan area municipality which elects to participate in the
Local Housing Incentives Account Program must do so by November
15 of each year; and
WHEREAS, for calendar year 1996, a metropolitan area municipality can
participate under Minnesota Statutes section 473.254 only if: (a) the
municipality elects to participate in the Local Housing Incentives
Account Program by November 15, 1995; (b) the Metropolitan
Council and the municipality successfully negotiate affordable and
life-cycle housing goals for the municipahty; and (c) by January 15,
1996 the Metropolitan Council adopts by resolution the negotiated
affordable and life-cycle housing goals for each municipality;
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of
Prior Lake has no other choice than to participate in the Housing Incentives
Program because:
M101695.DOC 8
Minutes of the Prior Lake City Council October 16, 1995
1. Failure to participate disquahfies the City from any funding which might be
available for program assistance.
2. An election not to participate initially would require that the City repay each
years "A.L.H.O.A.' contribution which would otherwise be due.
3. Failure to participate results in a negative report card to the legislature and
increases the likelihood of future legislative action further undermining
municipal zoning authority.
4. Failure to participate will result in unfavorable Metropolitan Council
consideration of Major or Minor Comprehensive Plan amendments submitted by
the City not on merit but based upon failure to participate in this program or its
equivalent.
FURTHER, that based upon the foregoing, the City Council has no effective option
but to participate in the Local Housing Incentives Program under the Metropolitan
Livable Communities Act during calendar year 1996.
Passed and adopted this 16th day of October, 1995.
YES NO
ANDREN X ANDREN
GREENFIELD X GREENFIELD
KEDROWSKI X KEDROWSKI
SCHENCK X SCHENCK
SCOTT X SCOTT
Frank Boyles, City Manager
City of Prior Lake
City Attorney Kessel pointed out that the Act permits
municipalities to enter into Joint Powers Agreements and "can go
all into one community if the parties who join such an act agree as
long as you meet the goals." Therefore, cities can work together to
achieve their goals.
There were no further comments.
MOTION BY SCHENCK, SECOND BY SCOTT, TO APPROVE Res 95-108
RESOLUTION 95-108 AUTHORIZING CITY Livable
Communities
Program
M101695 DOC 9
Minutes of the Prior Lake City Council October 16, 1995
PARTICIPATION IN THE LIVABLE COMMUNITIES
PROGRAM.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
D. Consider Approval of Action Plan for the T.H. 13 Corridor. City
Manager Boyles presented the information from the Staff Report
dated October 16, 1995.
Mayor Andren inquired as to which staff members would be
attending the public informational meetings. She suggested that
Councflmember Greenfield should attend since he served on the
Study Committee.
MOTION BY KEDROWSKI, SECOND BY SCOTT, THATT.}{. 13
COUNCILMEMBER GREENFIELD BE DESIGNATED TOCorr±dor
ATTEND MEETINGS ON HIGHWAY 13 CORRIDOR, AND Tasl~ Force
COUNCILMEMBER SCHENCK WILL BE THE ALTERNATE.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
Discussion followed concerning when the Public Informational
Meetings should be held. Councilmember Greenfield asked
whether they should incorporate a transportation element into the
Comprehensive Plan. Planner Rye commented that they don't
want to be in the position of having to go to the Metropolitan
Council every time they make a change in the transportation
planning. Councilmember Greenfield said he would prefer to meet
in February of 1996, and Councilmember Schenck concurred.
DiScussion occurred on whether organizations such as the
Chamber of Commerce, School District and churches be included in
the informational meetings. Council concurred that all the groups
should be included in the meetings.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE THE PROPOSAL FOR SOLICITING PUBLIC
INPUT AND SEEKING FINAL PLAN APPROVAL.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
M101695.DOC 10
Minutes of the Prior Lake City Council October 16, 1995
E. Consider Approval of Amendment to Section 5- 7-6 of the Prior Lake
City Code and Prior Lake Sign Ordinance 94-06. City Manager
Boyles reviewed the Sign Ordinance Amendment and
recommended approval of Ordinance 95-16 which is consistent
with the Planning Commission's recommendation.
Councilmember Scott asked about signs in the residential areas
and if they would be reviewed by the Planning Commission,
Planner Rye said they would.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO0rd 95-16
ADOPT ORDINANCE 95-16. Sign Ordinance
Amendment
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
F. Consider Approval of Resolution 95-109 Eliminating Local
Government Aid/Homestead Agricultural Credit Aid Penalty for
Tax Increment Financing Districts. Roger Guenette of Advance
Resources, Inc., indicated he would be happy to answer any
questions and summarized the benefits of the proposal. The City
could save as much as $182,500. He explained the acreage change
in the report due to more wetland than anticipated in the Business
Park. There are approximately 10 acres remaining in the park;
however, five of those acres may not be marketable.
MOTION BY GREENFIELD, SECOND BY SCOTT, TO Res 95-109
APPROVE RESOLUTION 95-109 ELIMINATING LOCALLocal Gov't.
GOVERNMENT AID/HOMESTEAD AGRICULTURAL Aid/Homestead
CREDIT AID PENALTY FOR TAX INCREMENT Ag. Credit
FINANCING DISTRICTS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
9. OTHER BUSINESS:
City Manager Boyles pointed out the item about the Winter Workshop,
tentatively set for Friday, January 19 and Saturday, January 20, 1996
in the Weekly Update.
The Council mentioned the need to review the Fire Station Location
Study.
Minutes of the Prior Lake City Council October 16, 1995
10. ANNOUNCEMENTS/CORRESPONDENCE
11. adjourned at 10:40 P.M. The next regularly sche~h~ aeC. ting will be
ADJOURNMENT: There being no further business thee meeting
held on Monday, November 6, 1995.
Recording Secretary
M101695 DOC 12