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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA Da.te;January 6, 1997 1. CALL TO ORDER................................................................................7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: D. Consider Approval of Invoices to be Paid. Consider Approval of Sale of City Vehicle. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Codes as it Pertains to the Treatment of Communications Antennaes and Equipment Buildings. Consider Approval of Resolution 97-XX Adopting Amendment to Joint Powers Agreement for Suburban Transit Authority. Consider Approval of Ordinance 97-XX Amending Section 3 of the City Code to Provide for Late Fee for License Renewals. A. ~ / ' ", c. E. 5. PRESENTATIONS: A. 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: A. 8. NEW BUSINESS: A. Consider Approval of Resolution of 97-XX Relating to an Appeal of John Craig from a Decision of the Zoning Officer Relating to Detached Accessory Structures. B. Consider Approval of Ordinance 97-XX Revising the Snowmobile Ordinance Requirements. C. Consider Approval of 1997 Fee Schedule 16~agle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER D. Consider Approval of Ordinance 97-XX Amending the Subdivision Ordinance and City Code Pertaining to the Effect of Subdivision Approval on Final Plats with Undeveloped Lots. E. Consider Approval of Appointments and Bylaw Revisions for 1997. 9. OTHER BUSINESS: A. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT 1697.DOC 7:00 pm -PUBLIC FORUM MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: December 16, 1996 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Tremere, Recording Secretary Oden, Assistant City Engineer Wingard, City Planner Rye, Planner Kansier, Finance Director Teschner, Parks and Recreation Director Hokeness, and Parks Maintenance Supervisor Friedges. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to the meeting. . Because of the number of people present with concerns regarding Annexation, City Manager Boyles explained that item 7C, Consider Approval of Recommendations from Annexation Task Force, was for the purpose of the summary report from the Annexation Task Force. He said the object of the report was for the Council to determine whether to have the Annexation Subcommittee and the Townships further discuss the issue of annexing; it was not to decide whether or not to annex. He said it was not a Public Hearing. . Mayor Andren said that the people were welcome to stay, and she listed the alternatives: to authorize the Annexation Task Force to work with Credit River and Spring Lake to discuss annexation and later development issues and return with recommendations within sixty days or to discontinue the work, or to conduct additional research on the alternatives. There will not be any discussion on areas of annexation, the pros and cons of annexation, or anything else. It is simply on whether or not to continue discussions with the townships. She recommended that the residents of Spring Lake and Credit River speak with their township officials, since they were their representatives. She said there was a suggestion that the Annexation issue, item 7C, be moved to Presentations, since there were many residents in attendance for the issue. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: . Councilmember Mader said that the minutes of December 2, 1996 Council meeting, reflected that he was in attendance, and he was not. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE THE DECEMBER 2, 1996 CITY COUNCIL MINUTES AS AMENDED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, abstention Mader the motion carried. 16g06~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215 AN EQUAL OPPORTUNITY EMPLOYER . The minutes of the Truth in Taxation Hearing, December 4, 1996 were the next item. Councilmember Greenfield had a correction, page 4, the last name is Cavil. Mayor Andren had corrections on page, 3, Tuft's address is 1437 Manitou Road. There is one addition on the first page under comments, Bernie Arnoldi lives at 3094 Spring Lake Road SW. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE DECEMBER 4, 1996 TRUTH IN TAXATION MINUTES AS AMENDED. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, abstention Greenfield the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Treasurer's Report. B. Consider Approval of Invoices to be Paid. C. Consider Approval of Animal Warden Report for November. D. Consider Approval of Fire Report for November. E. Consider Approval of Building Inspection Report for November. F. Consider Approval of City Comprehensive Employee Classification Plan. G. Consider Approval of Resolution 96-XX Adopting 1997 General Fund and Operating Budget and Setting Levy Therefore. H. Consider Approval of Resolutions Adopting Amendments to Joint Agreements with Minnesota Valley Transit Authority and Suburban Transit Authority. . Councilmember Mader asked to remove Consent Agenda items F, G, and H from the agenda. . Mayor Andren said there has been a request by Minnesota Valley Transit to defer action on item H. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ITEMS A, B, C, D, AND E OF THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. . Councilmember Mader said regarding item 4F, the Employee Classification Plan, the plan calls for 18 grades. He asked whether each of the grades represented a salary or wage range. . Assistant City Manager Tremere said each position has a grade which will have a specific salary range. The broader perspective is that each grade has a range of prospective pay related to the grade, not to specific salaries. . Councilmember Mader asked, if each pay grade reflects relative compensation, do higher grades provide for higher salaries? 121696.DOC 2 121696.DOC . Assistant City Manager Tremere said that is correct. . Councilmember Mader asked about the significance of the Roman Numerals. . Assistant City Manager Tremere explained the same data were shown on the various documents, but the chart with boxes represent job groupings or families, and the position names are arbitrary, the numerals on the left side are levels provided to allow for future growth. The actual positions written in the boxes are the positions that are now authorized. The other levels are for future growth, and would not be filled unless there was specific authorization by the Council for the positions. He explained the different charts in his agenda report. He said the report for positions shows the specific differences in grades, and what each position would require to move to a different grade and level. The Roman Numerals on the right hand side of each box are the part of the titles, such as Engineering Tech IV, Parks Worker II. He said that those are the current titles. The new level designation will be added to the various job descriptions. . Councilmember Mader asked if the grades also were intended to reflect accurate comparable worth status. . Assistant City Manager Tremere clarified that that was correct. . Councilmember Mader said it seemed too complicated. There are 55 or 60 employees, and increasing the number of grades seemed to be moving toward more complexity with all of the positions and categories. Is it to stay out of litigation or to manage the City more effectively? . Assistant City Manager Tremere explained it took into account pay equity legislation in Minnesota that applied only to Public Employees, not private. He said that pay and gender equity were issues. He said that the present system was relatively sound but Miriam Kragness of ROI Consultants said it did not allow for the growth that the City could expect. He said that it should last for some time. There were some positions that would not be filled, but they were there in case. He said it had to do with maintaining the integrity of the system. Blank boxes are there in case a position is needed. The system will be self-supporting and will not require consulting services to maintain. . Councilmember Mader asked about comparable worth, whether it was determined by a consultant or City Staff. . Assistant City Manager Tremere said both. The City has always had job descriptions, the consultant was looking for key words, and position descriptions were evaluated based upon a point system, and that is how the pay grades were assigned. 3 MOTION BY MADER, SECOND BY GREENFIELD TO APPROVE ITEM 4F, APPROVAL OF CITY COMPREHENSIVE EMPLOYEE CLASSIFICATION PLAN. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Mader said he asked for item 4G to be removed because he felt that a fundamental responsibility of the Council is to assure that the citizens are taxed only to the level that is required to deliver appropriate services. He said it was his opinion that the proposed levy goes beyond this level. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 96-113 ADOPTING 1997 GENERAL FUND AND OPERATING BUDGET AND SETTING LEVY THEREFORE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay by Mader, the motion carried. . Mayor Andren said that item H was requested to be deferred by MVT A; she said it should be removed until MVT A comes back with it. Item H was struck from the Consent Agenda. 5. PRESENTATIONS: A. Item 7C, Consider Approval of Recommendations from Annexation Task Force was Moved to Presentations. City Manager Boyles explained that the issue of annexation was complex and had been considered since the 1970's. He introduced Doug Larsen from the Annexation Task Force. . Mr. Larson reported that the Annexation Task Force has discussed that the potential areas of annexation were reviewed and visited. Spring Lake and Credit River Township representatives were part of the public meetings. Mr. Larsen said it was important that the Townships and the City communicate. He said tonight, they were only seeking authorization to have further discussions. MOTION BY SCHENCK SECOND BY GREENFIELD TO AUTHORIZE THE ANNEXATION TASK FORCE TO PROCEED WITH DISCUSSIONS WITH CREDIT RIVER AND SPRING LAKE TOWN BOARD AND RETURN WITH A RECOMMENDATION TO THE CITY COUNCIL WITHIN 60 DAYS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Presentation to Councilmember Schenck. The City received a Christmas Card from Campbell-Knutson-Scott and Fuchs, and enclosed a check to Toys for Tots for a donation in the name of the Prior Lake City Council. The Mayor presented the check 121696.DOC 4 to Councilmember Schenck for the Toys for Tots donation. Councilmember Schenck is working with the Toys for Tots program statewide. Councilmember Schenck expressed gratitude to Campbell-Knutson, Scott and Fuchs on behalf of Toys for Tots. 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: 121696 DOC A. Consider Approval of Contingency Allocation for Reroofing Police Annex. . City Manager Boyles explained that the City Hall roof gave out earlier in the year, and the Council authorized Contingency funds for reroofing the old City Hall and Library. He said the old fire station is now used by the police department, and its roof requires replacement. He recommended the City Council authorize $15,275 from the Contingency Fund for the reroofing project to be completed in the spring. There is approximately $22,731 in the Contingency Fund. MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE A CONTINGENCY FUND EXPENDITURE NOT TO EXCEED $15,275 FOR REROOFING THE POLICE ANNEX. . Councilmember Mader said he was in favor of going ahead with the reroofing. He asked if the City was working on a cash flow basis, why the City would reflect it as a 1996 expense in 1997. If it is going to be that way, it should be that way with all expendi tures. . City Manager Boyles said that many of the roofers worked on a first come first serve basis and the City wanted to get into their schedule so the work would get done. This is the reason for ordering the work this year from this budget. . Councilmember Mader said why are 1996 funds being used for 1997? There should be consistency between when expenses are incurred and when they are paid for. . Councilmember Greenfield said that the City was not writing a check out to this company right now with this authorization. The City was just allocating funds to this use from the contingency fund remaining this year. It doesn't matter if the funds are transferred by motion from this year's contingency to use for next year. It is the same thing. The money is in the account. The interest is drawn on it, and it will be spent the same way. . Councilmember Mader asked if it would show up as a 1996 or a 1997 expense. . City Manager Boyles said it would be against the 1996 budget, expended in 1997. 5 · Councilmember Greenfield said that $22,000 was remaining for this year, so the money was in the account. · Councilmember Mader asked if it would be a 1996 expense. He said to him it was a 1997 expense and should be considered a 1997 expense. . Mayor Andren called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. B. Consider Approval of Status Report on 1996 City Council Top Priority Goals. . City Manager Boyles reviewed the status of the 1996 City Council Top Priority Goals that were set in February. He said many were complete, and a few were still in progress. . Councilmember Kedrowski asked about the Fire Station land acquisition status. . City Manager Boyles said it was ongoing, but the anticipated date for completion is at the end of February, 1997. . Councilmember Kedrowski asked about the animal control ordinance, whether it was ongoing or would happen in 1997. . City Attorney Pace said it would be done soon, and the draft was coming. . Councilmember Kedrowski asked if the EDA work items would be discussed at the City Council workshop. . City Manager Boyles said the EDA would conduct its organizational meeting on January 15, 1997, and one of the items it would discuss is the work program for 1997. . Councilmember Kedrowski asked if the last item regarding ZIp code maps was ongomg. . City Manager Boyles said that as yet, no one has the zip code maps available, but administration will continue to work on it. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE 1997 CITY COUNCIL TOP PRIORITY GOALS. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Recommendations from Annexation Task Force. 121696.DOC 6 . This item was moved to 5A, Presentations. 8. NEW BUSINESS: A. Consider Approval of Ordinance 96-XX Amending the City Code to Provide for Telecommunications Accessory Building. · City Manager Boyles said that this was somewhat controversial and that the staff is trying to minimize the number of buildings. A set of conditions that Prior Lake would establish relating to such shelters is established in the ordinance. The City is trying to minimize the number of shelters per location, and encourage common use of such facilities. The Planning Commission conducted a hearing on this item on November 25, and recommends the Ordinance. . Councilmember Mader asked if we would get paid for the installation of antennas. . City Manager Boyles said yes. MOTION KEDROWSKI SECOND SCHENCK TO ADOPT THE ORDINANCE AMENDING THE ZONING ORDINANCE AND CITY CODE AS IT PERTAINS TO THE TREATMENT OF COMMUNICATIONS ANTENNAS AND EQUIPMENT. . Planner Kansier said that the maximum square footage of 336 square feet listed should be changed. That maximum came from the existing shelters on the water tower site. Since then, the City has had a number of requests for these buildings and it was determined that one larger shelter as opposed to several small ones would be better. She said that the site should be one large building instead of one small building. The language could be changed to say that an individual equipment shelter shall not exceed 336 square feet in area, or in the event that a building is occupied by more than one carrier, the square footage shall be based on the number of tenants. There should be one building unless there is a specific reason for two. This is because the City does not want equipment shelter villages. Councilmember Kedrowski withdrew the motion. Councilmember Schenck withdrew the second. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO TABLE THE ITEM TO THE END OF THE AGENDA TO OTHER BUSINESS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-XX Approving Final Plat for Water Tower Site. . City Manager Boyles introduced the item. 121696.DOC 7 121696.DOC · Councilmember Kedrowski asked if they would remove the sign about the future fire station, since it was on the lot. He said it should be removed. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 96- 114 APPROVING THE FINAL PLAT FOR THE WATER TOWER SITE. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION KEDROWSKI SECOND GREENFIELD TO REMOVE THE SIGN FROM THE WATER TOWER SITE WHICH SA YS "FUTURE SITE OF SATELLITE FIRE STATION". . City Manager Boyles said it was put there so that citizens would realize that there would be a second site. This was during referendum approval, and the second site was preliminarily located. Subsequently, the demographics of development have changed, and so the location would be different. He explained that this location would be a third choice. . Councilmember Kedrowski said there was money authorized to buy the land, and the sign creates confusion. There is no intent to put a Fire Station there, and that is where citizens think it is going to be because of the sign. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. C. Consider Approval of Cigarette License Renewals. . City Manager Boyles said this is the annual renewal for those licensees who are requesting licenses for 1997. There are fourteen requests, and staff recommends approval by a motion and second. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE THE LIST OF LICENSEES FOR 1997 CIGARETTE LICENSES. . Councilmember Schenck asked if it were up or down this year. City Manager Boyles explained that at this time last year there were 21, and the new smoking ordinance had discouraged some applicants. Mayor Andren called the question. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Parks Division Winter Maintenance Policy 8 121696.DOC . City Manager Boyles explained that the Council in directive 96-05, directed staff to review the policies with respect to year round maintenance of trails and sidewalks. The Policy is a larger issue of maintenance of trails, sidewalks, parks, and indicates time line and priority of maintaining these issues. These items were prioritized-- accesses and safety issues were first followed by high-use areas, then pleasure rinks and community trails. He said some things were not in priority and would not be maintained by the City were sidewalks. Sidewalks are residential in nature, for leisure, and would be the responsibility of the property owners. Exhibit one shows each facility, category, and priority for maintenance. Ifit is not found on exhibit one, the City does not maintain it. There was one request for maintenance of a four-foot wide sidewalk of a residential property. The City does not have the equipment to maintain it. That is something that would have to be shoveled or snow-blown. He proposed that a volunteer program such as boy scouts could get involved. . Councilmember Greenfield said he likes the policy, but the current ordinance requires clarification. He said there was a sentence regarding snow routes that said, "it will be unlawful for any property owner/occupant not to remove snow". It should be more straightforward. . Parks and Recreation Director Hokeness said that most communities have some sort of time frame in the Ordinance for homeowners to remove snow. He said the ordinance needs work. . Councilmember Mader said there has been a practice of snow removal. He asked if the policy was a major change from past practice. . Parks and Recreation Director Hokeness said this would help define for residents where priorities are as far as snow removal and time frame. Before, the time frames were not as well defined. . Councilmember Mader clarified that it was a policy definition not a major change. . Parks and Recreation Director Hokeness said the only change was things were more defined and doing the trail or sidewalk on Main Streets not both. . Councilmember Schenck asked if they would do anything for public accesses to the lake. . Parks and Recreation Director Hokeness explained where the public accesses were and when city cleaned them off. . Councilmember Schenck asked how they thought they would get compliance with the snow removal policy. . Parks and Recreation Director Hokeness explained that there would be something in the paper, and that they had been going with this schedule somewhat and had not received any complaints. 9 121696.DOC · Councilmember Kedrowski said he was supportive of the policy. He asked about buying specific equipment for the uses. He said it would be too bad to use equipment not suited to the task. · Parks and Recreation Director Hokeness said maybe in the next 2-3 years they would get more equipment. He said the Toros worked well for some things, but not others. When communities get larger, there are different equipment needs. Certain pieces of equipment will cut down on time that it takes to complete the plowing. He said with the extension of CSAH 21, they would need it. . Councilmember Kedrowski said that maybe the equipment was something to look at next year, especially with the completion ofCSAH 21. Right now we are getting by, but it is hard on the equipment, and it is something we need to deal with. Are we going to be responsible for maintenance all along CSAH 21 and 42? . Parks and Recreation Director Hokeness said probably for the trail section only. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE THE PARKS AND MAINTENANCE DIVISION WINTER MAINTENANCE POLICY WITH CLARIFIED LANGUAGE. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Approval of Agenda For January 10-11, 1997 City Council Workshop. . City Manager Boyles introduced the item. He said the Friday would be Staff, Council, Public relationship focus. He said they would discuss things that need to be accomplished in 1997. Saturday could be used to discuss policy issues and 1997 City Council issues. He asked for input from the Council so that he could finalize the arrangements and the agenda. . Councilmember Kedrowski said he would like to discuss ways in which they could partner with neighboring cities and counties to create joint efforts to possibly reduce costs with Shakopee and Savage. He felt that they should consider from a taxpayers perspective. Mayor Andren said that could be under plans and goals for 1997. . Councilmember Schenck said the joint venture idea was good. . Councilmember Greenfield said he understood that strategic planning would be part of this workshop, and he would like to see more details in visioning, and goal formulating. . Mayor Andren said that possibly a new park program with the School District and the City could be discussed. 10 · Councilmember Mader said that he will not be able to participate in either of the seSSlOns. 9. OTHER BUSINESS: A. Item 8A, Consider Approval of Ordinance 96-XX Amending the City Code was moved to other business. · An individual equipment shelter should not exceed 336 square feet in area. Where more than one is located, the maximum area will not be over 336 square feet in one company. · City Attorney Pace explained that at some time in the future, the City may want its own building. By putting a provision in the lease agreement, there was a concern that there should not be individual equipment shelters on a site. As long as there were no building codes violated, it would be ok. . Mayor Andren recognized Jay Littlejohn, representing US West. He said there was no objection to waiting. He said that they approached the City five or six months ago on this. He said the only rush was other businesses coming in . . Councilmember Greenfield said the change could read, "an individual equipment shelter shall not exceed 336 Square feet in area per communication company" the uses would be decided. MOTION GREENFIELD SECOND SCHENCK TO APPROVE ORDINANCE 96- XX AMENDING THE CITY CODE TO PROVIDE FOR TELECOMMUNICATIONS ACCESSORY BUILDING. . Councilmember Kedrowski asked whether once there was 5% total area coverage, additional vendors could not come in. . Planner Kansier said that appeared to be the case. . Mr. Littlejohn said that most companies in the market do not have their equipment in buildings at all. He said it was possible that there would not be a building. He explained that the communications equipment is housed in a case the size of a pop machine. . Councilmember Kedrowski said that regulating licensing may cause a first-come- first serve basis. . City Attorney Pace said the lease was exclusive . Planning Director Rye said that because of communications regulations, the activity could not be restricted, and they could not turn them down on the basis of 5% capacity. He said that the concern was having a village of communication buildings. 121696.DOC 11 Councilmember Greenfield withdrew the motion, Councilmember Schenck withdrew the second. MOTION GREENFIELD SECOND SCHENCK TO TABLE APPROVAL OF ORDINANCE 96-XX AMENDING THE CITY CODE TO PROVIDE FOR TELECOMMUNICATIONS ACCESSORY BUILDING, TO THE JANUARY 6, 1997 CITY COUNCIL MEETING. · Councilmember Schenck asked about the City's liability for damage to the communications structures or equipment. . City Attorney Pace said that was a reason for having space for storage of the equipment. . Councilmember Greenfield said that maybe a certain space should be built. . City Attorney Pace said the only alternative was having the cabinets. . Mayor Andren called the question. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE . The City Employee Potluck Luncheon would be Friday, December 20, from 11 :00 a.m. - 1 :00 p.m., and City Hall would be closed. Councilmembers are welcome. . The Fire Department will hold its Holiday Party at the Prior Lake VFW on Saturday, December 21 st at 6:00 p.m. Councilmembers are welcome. . The proposed Snowmobile Ordinance is scheduled on the January 6 City Council Agenda. . Metropolitan Council Lift station 58 capacity is no longer an issue. . The City Manager is writing a response to a letter from the finance commissioner. . Councilmember Schenck will speak on the Smoking Ordinance on Wednesday from 11 :30 a.m.-12:30 p.m. at Bumsville. . Mayor Andren will host the meeting at the Fire Hall on Wednesday to hear developer's concerns. . Councilmember Greenfield said Merry Christmas, Happy New Year and Happy Holidays. 121696.DOC 12 11. ADJOURNMENT adjourned at 9: 15 p.m. by general consent. 121696.DOC 13