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HomeMy WebLinkAbout02-03-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4873 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem and Stobaugh. Absent: None B-1 A Hearing on City Council Initiated Zoning District Amendment #97-1 to the M-2 District of approximately 52.7 acres of land located along the west side of CSAH 4 (Valleyhigh Drive N.W.) in a part of the S 1/2, SW 1/4, Section 21, Cascade Township upon its annexation into the City of Rochester municipal limits. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Zoning District Amendment #97 with the findings prepared by staff and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-2 A Hearing to Consider Levying Assessments on Sidewalk Replacement Project No. 6-1996 (J-9373) "Sidewalk replacement on 18th Avenue N.W. from 22nd Avenue to 13th Avenue N.W. and on 8th and 9th Avenue S.E. South of 16th Street S.E.". Wishing to be heard was William West, 4133 13th Avenue N.W., asking if this assessment related to the sidewalk put in last summer or if it was something new. He was assured that this was the assessment for the work previously done and no further project was planned at this time. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 071-97 levying the proposed assessments for Sidewalk Replacement Project No. 6-1996 (J-9373) "Sidewalk replacement on 18th Avenue N.W. from 22nd Avenue to 13th Avenue N.W. and on 8th and 9th Avenue S.E. South of 16th Street S.E.". Ayes (7), Nays (0). Motion carried. B-3 A Hearing on Residential Permit Parking Zone No. 5 - 1 st Street S.W./1300 Block. Wishing to be heard was Todd Hoeft, 1432 First Street S.W., stated that he was in favor of the permit program as stated in the proposal he received. Wishing to be heard was Amy Elliott, 1301 First Street S.W.. Ms. Elliott was in favor of the parking program but on a first -come first -serve basis rather than an allotment of two permits to each owner. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4874 Regular Meeting No. 3 - February 3, 1997 Agenda Item Discussion among staff and Councilmembers concluded that the program would be on a 90-day trial basis. Home owners/tenants could apply for permits within the first 30 days; after that period it would be opened up to residents of the apartment dwellings. It was felt that the permit area would probably continue to be expanded to the east on 1st Street This item will be brought back to the Council for review after 90 days. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 072-97 approving a residential permit parking zone on 1 st Street S.W. for a 90- day trial period and adding the following paragraph to Section L Permit Parking of the Comprehensive Traffic and Parking Resolution Book to read: E.) Zone 5 "Kutzky Neighborhood" comprising the following streets. 1.) First Street S.W. from' 13th Avenue to 16th Avenue on both sides, 6:00 A.M. to 4:00 P.M., Monday through Friday, with a limit of 21 permits total. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Annexation by Ordinance Petition #96-17 by Carlton Penz and Nancy Mulholland to annex 55.75 acres of land located along the south side of Pinewood road S.E. in a part of the E 1/2, SE 1/4, Section 18, Marion Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant, Carlton Penz. Mr. Penz could not rezone the land as long as it was in the County; thus, the need for annexation and city water/sewer. The utilities would run down Pinewood Road S.E. giving the residents the opportunity to hook up only if they desired. Wishing to be heard was Bob Shoen, 2802 Pinewood Road S.E. Mr. Shoen is completely surrounded and at present time keeps animals on his property. He was wondering if he had any choice in future annexation of his property and if he had to give up his animals. Mr. Shoen was told that the City could annex him without his approval, which would probably happen sometime in the future. He was also told that he would not have to give up his animals. So long as they continued as a nonconforming use. Wishing to be heard was Dick Zodrow, 2616 Pinewood Road S.E., asking how he was to pay for 500 feet of frontage area which could be $30,000 worth of assessments. Richard Freese, Public Works Director, stated that three draft policies are currently being developed dealing with the amount and length and payment option for interest on deferred assessments. Such a new policy could affect those areas, like the Pinewood Road,. where annexations might occur and assessments may be deferred in the event that homeowners do not want to hook RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF-ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4875 Agenda Item up to City sewer and water at the present time. One of the new options under consideration would allow for homeowners to hook up within three years with no interest being charged. Wishing to be heard was Clifton Pagel, 2730 Pinewood Road S.E.-, asking if private wells had to be sealed. He also expressed that he was against the annexation and the running of the water/sewer down Pinewood Road; other property owners would have to pay the price for someone else benefiting. Phil Wheeler told Mr. Pagel that he would not have to seal the well, but would have to have it tested periodically if it was not sealed. Wishing to be heard was Greg Horsman, 2601 Pinewood Road, stating that he remembered the Marion Township Board disagreeing with the annexation but they were told of a possible lawsuit if not approved. Mr. Horsman was also concerned that with 1500 feet of frontage he would be unable to afford the assessments for hookup. Wishing to be heard was Jim Clair, 2718 26th Avenue S.E., along the west side of the property to be annexed. Mr. Clair asked that if the sewer/water was not run down Pinewood Road, would it be run behind his property. Wishing to be heard was Nelvin Garness, 2914 Pinewood Road S.E. Mr. Garness currently owns a large lot to the east of the property to be annexed which he now has for sale; he asked how the pending assessment issue would affect the sale of his property. Having no one further wishing to be heard, President Hunziker closed the hearing. Mr. Wheeler noted that this area has been in the Urban Service Area since 1978 and the most recent Land Use Plan showed this area for future growth and annexation. Staff explained to the Council and the residents present that they are not required to hook up to the sewer/water; the option is there for the future; future assessments would be charged interest for ten years. Bill Tointon told Councilmembers that the developer would be paying 60-62 percent of the cost of the assessments. Councilmembers agreed that further information on the future assessment policy and how it relates to large sections of land needs to be gathered. -They also felt that there was a need for a meeting with Pinewood Road residents on how this policy would affect them. Councilmembers Hruska moved, Marcoux seconded, to reopen the Public Hearing and table it to the March 3rd meeting. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on City of Rochester and Payne Company initiated Annexation Petition #96-16 to annex by ordinance approximately 2.52 acres of land located 4876 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 Agenda, Item M along the south side of CSAH 2 Viola Road NE in a part of the N 1/2, NW 1/4, Section 29, Haverhill Township. Wishing to be heard was Tony Ebert, 3688 Valleyridge Court N.E., Haverhill Township Supervisor. Mr. Ebert read a prepared statement noting that the Haverhill Township Board and citizens opposed the annexation of the acreage necessary for the construction of the water tower to serve the Northeast section of the City. Wishing to be heard was Norm Eberhardt, 3720 Stone Ridge Court N.E., stating that when the water tower was proposed it was essential for the fire safety of the school; however, there is an adequate supply of water in the present Northern Heights tower. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Annexation Petition #96-16 and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on General Development Plan #122 to be known as Century Hills. Councilmember Hruska asked to be excused due to a conflict of interest and removed himself from the Council area. Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, representing the applicant. He asked that clarifications be made with two of the recommended conditions; those being: 1. That the NW portion for the proposed GDP that is designated for "commercial" be revised to indicate that it be designated for "non- residential" uses permitted in a low density residential area, based on the staffs opinion that the existing 13 acres of commercially zoned and/or designated property in Northern Heights East can adequately serve this area. 2. The "low density residential" might be "multi -family low density residential" consisting of townhomes or condominiums below 5.5 units per acre. Councilmember Evans asked if it would be possible to put all commercial into one area next to the corner rather than splitting and putting one part across from the high school. Mr. Borcherding noted that it would be taken under consideration by himself and the developer. Wishing to be heard was Jeff Salisbury, 2610 Viola Road N.E., stating that he didn't want any commercial development on either side of Viola Road. He was particularly concerned about the crossing of the road by students considering the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4877 Agenda Item amount of traffic on Viola Road. He was also concerned about the runoff water as he has a pond at present but is not sure of the liabilities he could be involved with. Terry Spaeth, Planning Department, noted that a general drainage plan has been proposed, but a final grading and drainage plan had not been submitted.. He was asked to discuss the plan with Mr. Salisbury. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve General Development Plan #122 to be known as Century Hills with the six findings of the Planning Commission and the five conditions, as changed, recommended by the Commission, and ask the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. Councilmember Hruska not present and not voting. B-7 A Hearing on Type III, Phase II, Land Subdivision Permit #96-27 by Payne Company to be known as Century Hills Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colby Associates, representing the applicant. He noted a change asked for by the developer to condition #5; 22nd Street would be changed to 21 st Street in keeping with the "Century" name concept which was agree to by the Planing Commission. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to approve Land Subdivision Permit #96-27 with the recommended seven conditions from the Planning Commission and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-8 I A Hearing on 1997 Low Income Housing Tax Credits. Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 073-97 adopting a Qualified Allocation Plan and Approving the Forms of Procedural Manual and Compliance Monitoring Manual for 1997 Low Income Housing Tax Credits. Ayes (7), Nays (0). Motion carried. C-1 - Councilmembers Evans moved, Stobaugh seconded, to approve the following C-8 consent agenda items: C-1 I Approve the minutes of the January 22, 1997 meeting.. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 Agenda Item C-2 C-3 C-4 C-5 C-6 C-7 C-8 D-1 Adopt Resolution No. 074-97 approving Amendment #2 to the Winsor-Faricy architectural services contract for Fire Station #1 in the amount of $1,500.00. Adopt Resolution No. 075-97 approving the execution of an agreement transferring the Budget Rent-A-Car of Rochester to A. MacFrugal Company DBA Thrifty Rent-A-Car at the Rochester International Airport. Adopt Resolution No. 076-97 approving a supplemental lease agreement with the FAA to allow them to install a new Low Level Wind Shear Alert System on the Rochester International Airport property. Approval of the following licenses and bonds: Beer - On -Sale Temporary St. Piux X Catholic Church - February 15, 1997 Dance - Temporary St. Piux X Catholic Church - February 15, 1997 Temporary Gambling - Bin90 St. Piux X Catholic Church/School - May 16, 1997 Gambling - Raffle Soldiers Field Veterans Memorial - RochesCheer Country Pub - March 1, 1997 (prior approvals by Councilmembers McConnell, Hruska, Marcoux and President Hunziker) Miscellaneous Street Use Rochester Area Alliance for the Mentally III - May 17, 1997 1997 Renewal Licenses Master Installer 1 Heating Contractor 1 Sign Installer 1 Approval of the Accounts Payable in the amount of $1,886,770.94. Adopt Resolution No. 077-97 entering into a contact with GAB Robins to provide secondary claims administration to the City including RPU. Approve the appointment of Leon A. Ernster and James R. Orke to the Airport Zoning Board for three-year terms running to January 2000. Ayes (7), Nays (0). Motion carried. No one wished to comment. 1 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4879 Agenda Item E-1 Doug Knott, Downtown Development Director, gave a brief overview of the proposals that have been submitted for the Woolworth block. - He noted that the exclusive agreement is the same as what was previously referred to as a Phase I Agreement in that the City will work only with the developer named to try to reach a negotiable agreement. If a successful contract could not be negotiated after 90 days, the matter would be reopened to others interested. Dan Berndt, from the Dunlap & Seeger Law Firm, representing Healthco, a Chafoulias Company, explained that during the 90-day period of an exclusive agreement further financing and planning arrangements would be worked out with the City. He noted that they are prepared to spend $2.5 million on renovating the building The renovation could include two restaurants, office space on the second floor, and a connection to the skyway. A Phase II development agreement is anticipated and will look at the development of the remaining east one-half of the block . Hal Henderson, of Hammel, Green and Abrahamson Architects, showed the Council details, sketches and plans of what the Woolworth building would look like once renovated. Lisa Hardison, Director of Development, IMPAC Hotel Group, was present to reiterate their interest in building a hotel on the Woolworth site. When asked if they would be interested in the remaining east one-half of the block, she replied that they did not believe there would be sufficient room for their development. She asked that the Council consider them as developers for the Woolworth block. Tom Hexum, Hexum Realtors, working with the IMPAC Hotel Group, stated that two-thirds of the block would be needed for their development. He was present at the January 22nd meeting to ask the Council to not grant an exclusive agreement on the old City Hall to try to see if all three projects plus a parking ramp could be accommodated on two-thirds of the block. Dennis Wong, Wong's Cafe, Third Street and Broadway. Mr. Wong stated that he was not present to speak against the Woolworth project but to try to make the Council aware of the need to add additional parking in the downtown area. He asked that the Council require additional parking with any of the development proposals. Mike Curry, Henry Wellington's/Newt's, stated that parking has to be thought of with any development in the downtown area. He also noted that they had spent over a $1 million on their building without any assistance from the City. Susan Schriever, Artistic Framers, noted that there were many other businesses besides restaurants in the downtown area and for them as well, parking is a major concern. If the parking is lost, the customers are lost and the business is lost. --1 RECORD OF OFFICIAL -PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 Agenda Item E-2 E-3 Jim Galazen, Kersten Furs, 211 South Broadway. Mr. Galazen is very concerned about parking. They currently have six spaces in the rear of their building and he doesn't want to lose them. They are, of course, concerned about the development to their south. Doug Knott noted that the Council could instruct them to go ahead with the Woolworth project and look at parking. A parking study has not been accomplished in the past four to five years. A few years ago the Council was not interested in pursuing another hotel in this area but they could be looked at as proposals will probably come in anyway. It was the consensus of the Council that we move forward with the Healthco proposal for the Woolworth building and that some type of proposal be sought for the parking lot. President Hunziker noted that TIF funds would be running out about 2001 so that persons interested in using TIF funds should be cautious and look at doing a lot of development privately. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 078-97 entering into a 90-day exclusive negotiation agreement with Healthco, Incorporated for the redevelopment of the Woolworth site. Ayes (7), Nays (0) Motion carried. Councilmembers Senjem moved, Marcoux seconded, to request the Downtown Development District Director to prepare recommendations on a process for the City Council on redevelopment of the parking lot and give the developers an opportunity to expand on the end leaving Kersten's Furs alone. Ayes (7), Nays (0). Motion carried. Steve Kvenvold, City Administrator, asked that the Council allow staff to solicit parking consultant proposals and submit them for the Council's consideration and then solicit comments on options. Councilmember Hruska will work with Administration, Mayo and the property owners on input for the proposal. It was also suggested that previous parking studies be re -looked at as well. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 079-97 entering into a professional services agreement with Airport Consulting Services Group, Inc. and McGhie and Betts, Inc. for plans, engineering work for a new roadway, utilities, security fencing and lighting. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 080-97 accepting the Airport Master Plan Update and Resolution No. 081-97 accepting FAR Part 150 Noise Compatibility Study as presented by ACSG, Inc. and forward to the Federal Aviation Administration and Minnesota Department of Transportation officials for review and approval. ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4881 Agenda Item E-4 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 082-97 approving the 1996, 1997, 1998 Labor Agreement with the Police Department Dispatchers IAFF #520. Ayes (7), Nays (0). Motion carried. E-5 Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No . 083-97 approving the 1997, 1998 Labor Agreement with the Engineering Technicians Association. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 084-97 approving the 1997, 1998, 1999 Labor Agreement with Water Reclamation Plant employees IUOE Local #70. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Stobaugh moved, Hruska seconded, to approve amending General Lane Use Plan Amendment #1 by Westridge Hills, Inc. to designate approximately 9 acres of property at 40th Street S.W. and 11th Avenue S.W. from 'low density residential' to "commercial" and to forward a letter to the County Board noting that the approval assumes provisions would need to be made for annexation and future utility hookup as part of any specific development proposal on the property. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Evans moved, Hruska seconded, to approve requiring the Police Department to conduct criminal history checks on prospective tenants, block captains, and volunteers and instruct the City Attorney to prepare the required ordinance for adoption. Gary Mulleneaux spoke to the need for the ordinance and how the checks would work with the Crime Free Multi -Housing Program. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 085- 97 declaring the benefits and costs of the temporary right -in -and right -out access to TH 14 from 7th Street N.W. Project No. J-2262 be assessed and order a hearing on the proposed assessments for March 17, 1997 and direct the City Engineer to prepare a feasibility report for the project including an allocation of project costs based on vehicle trip generation from each of the properties included in the project. Ayes (7), Nays (0). Motion carried. E-10 Councilmembers Marcoux moved, Evans seconded, to table to 4:30 P.M., Monday, February 10, 1997, the approval of the Viola Road/East Circle Drive Layout Plan. Ayes (7), Nays (0). Motion carried. E-11 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 086-97 authorizing staff to hire consultants and acquire property needed for the 55th Street Reconstruction Project No. J-2266 at a value not to exceed $1,000 of the appraised value and authorize the City Attorney at the direction of the City Administrator to commence condemnation proceedings as needed. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA. Regular Meeting No. 3 - February 3, 1997 Agenda Item E-12 E-13 F-2a F-2b F-2c F3a F3b Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 087-97 authorizing the widening of the drive approaches off Fourth Street S.W. for 405 First Avenue S.W. and 402 First Avenue S.W., Project No. 6204-3-94 (J- 9327). Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 088-97 to approve a contract for 1997 with Agronomy Services Plus, Incorporated for management of the land application of biosolids from the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (PEMSTAR location) Councilmembers Marcoux moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Approximately 2.52 Acres of Land Located in the Northwest Quarter of Section 29, Township 107 North, Range 13 West, Olmsted County, Minnesota was given a first reading. (Payne Property - Viola Road N.E.) Councilmembers Marcoux moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Evans Moved, Senjem seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Creating and enacting Sections 21.05 and 38.154 of the Rochester code of Ordinances, relating to Criminal Background Investigations Performed by the City of Rochester Police Department was given a first reading. Councilmembers Senjem moved, Stobaugh seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Adopting Official Street Map Number 12 Concerning the Proposed Right Of Way for the Interchange of Trunk Highway 63 With 40th Street and 48th Street S.W. and S.E. in the City of Rochester was given a second reading. Councilmembers McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Stobaugh 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - February 3, 1997 4883 Agenda Item moved, Evans seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Homestead Village). G-1 Councilmembers Evans moved, Stobaugh seconded, to remove from the table Supplemental Agreement No. 1 for Project No. 9609A (J-9379) "NE Trunk Watermain from Viola Road to High Level Tower". Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to deny Supplemental Agreement No. 1 for Project No. 9609A (J-9379). Ayes (7), Nays (0). Motion carried. H-1 Councilmember Marcoux requested that Richard Freese, Public Works Director, schedule a Crossroads Neighborhood informational meeting with the traffic study consultant., Prior to the meeting the Councilmembers will receive a copy of the study. Having no further business, Councilmembers moved, seconded, to recess the meeting to 4:30 P.M., Monday, February 10, 1997, Room 104. Ayes (7), Nays (0). Motion carried. Ci y Clerk f,MEN