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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997
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President John Hunziker called the meeting to order at 7:00 P.M. with the
following members present: Councilmembers Mack Evans, Ed Hruska, Marcia
Marcoux, Jean McConnell, David Senjem, Walter Stobaugh. Absent: None.
Mayor Canfield spoke to the problems that western Minnesota and the Dakotas
have been experiencing during the recent flooding and the part that the citizens
of Rochester could play in helping our neighbors. He mentioned the immediate
need for bottled water. UPS service is supplying semi trucks throughout the
state to transport those supplies as readily as they become available. Mayor
Canfield also asked the Council to consider $50,000 worth of manpower
commitment to send individuals volunteering to the Grand Forks area.
Bob DeWitz, American Red Cross, asked the City to organize and coordinate the
relief effort.
A Hearing on the Traffic Impact Report for Proposed Retail Development at TH
14 & 4th Avenue S.W.
Wishing to be heard was Dan Berndt, 505 Marquette Bank Building, speaking on
behalf of the Hy-Vee Corporation, asked the Council to approve the Traffic
Impact Report as submitted. He noted that Hy-Vee has now acquired the
properties involved and have had additional meetings with the neighbors
resulting in an agreement with them.
Wishing to` be heard was Dennis Crow, Rainbow Foods, Mr. Crow spoke to the
Traffic Impact Report and changes that had been asked for. The first change
was that the street between Third Avenue and Crossroads Drive be as straight
as possible and that the access for the service vehicles be as convenient as
possible from the intersection. He also stated that they have to have at all times
undisturbed, uninterrupted service from the intersection during the construction
period.
Wishing to be heard was Duane 011endick, 408 16th Street S.W., expressing his
disapproval at the handling of the project over the past five months and the lack
of concern on the impact to the neighborhood.
Wishing to be heard was Katherine Kainz, 1409 Fifth Avenue S.W. Ms. Kainz
read a prepared statement from her husband, Gary Wick, expressing his concern
for the development and the deterioration of the neighborhood.
Wishing to be heard was Robert Meek, 1201 South Broadway, one of the owners
of the Crossroads Shopping Center. Mr. Meek asked if the City could find out
whether the State would open the T.H. 63 access to the Crossroads Shopping
Center across from Rookies Restaurant. He was concerned about the access on
the Highway 14 side being unavailable during construction. He also noted that it
is imperative that access to the rear of the Shopping Center be kept open and
available for deliveries.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997 49'�5
Wishing to be heard was Sue Kennebeck, 1521 Fifth Avenue S.W., also
expressing her disapproval in the commitment to the neighborhood.
Wishing to be heard was Norma Wick, 3rd Avenue S.W., expressing disapproval
over the lack of communication and feedback between the neighborhood and the
elected officials.
Wishing to be heard was Pat Roche, 410 16th Street S.W., a member of the
Crossroads Steering Committee. He acknowledged the time and effort of the
Councilmembers in meeting with the neighbors of the Crossroads neighborhood
and Richard Freese for all the work he has done and all the ideas he has
presented. He, personally, strongly disagrees with the rezoning of the
neighborhood and the development that has been planned. Signed agreements
have been secured with the Public Works Department and the Fine Shelter
Group to institute specific measures in the neighborhood for traffic -control.
Wishing to be heard was Judy Larson,1445 4th Avenue S.W., concerned about
the impact of the increased traffic in the neighborhood. She felt that in the future
large developments should be voted on by the people and not just the
councilmembers. She also asked that no future exits to 4th, 5th and 6th
Avenues and 14th Street S.W. be allowed by the Council for this development.
Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W., clarifying that
the property owner was no longer Fine Shelter but Hy-Vee.
Dan Berndt, 505 Marquette Bank, clarified that Fine Shelter is authorized to
execute the agreement on behalf of Hy-Vee. He also said that they were in
agreement to the conditions asked by Mr. Meek and would try to have
uninterrupted service during construction.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, McConnell seconded, to deny the Traffic Impact
Report for the proposed retail development at TH 14 and Fourth Avenue S.W.
Ayes (3), Nays (4). Motion failed. Upon roll call vote: Councilmembers Evans,
Hruska and McConnell voted aye; Councilmembers Marcoux, Senjem, Stobaugh
and President Hunziker voted nay.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
192-97 accepting the findings of the Traffic Impact Report with the three factors
noted on the RCA and that 4th, 5th and 6th Avenues and 14th Street S.W. have
no access to the proposed Fine Shelter/Hy-Vee Development. Ayes (4), Nays
(3). Motion carried. Upon roll call -vote: Councilmembers Marcoux, Senjem,
Stobaugh and President Hunziker voted aye; Councilmembers Evans, Hruska,
and McConnell voted nay.
Councilmember Hruska noted that the basis for his nay vote was the failure of
the proposed Traffic Impact Report to identify the impacts and effects on level of
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RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997
service which are likely to be created by a potential development and its falure to
identify what improvements are'needed (1) to insure safe ingress to and egress
from a site; (2) to maintain adequate street capacity on public streets adjacent to
the development; and (3) to eliminate hazardous conditions.
A Hearing on General Development Plan #97-111 to be known as Golfview
Estates.
Wishing to be heard was Louis Yockey, McGhie and Betts, representing the
applicant. Mr. Yockey noted that the Wetlands Delineation Plan is no longer
valid and they will be working with the City to arrive at a suitable plan. He also
noted that there is no interference with the Douglas Trail in reference to a
question posed by Councilmember McConnell.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Stobaugh seconded, to approve General
Development Plan #97-111 with one condition and direct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0)
Motion carried.
A Hearing on Land Subdivision Permit #97-7 by Golfview Development, L.L.C. to
be known as Golfview Estates Third Subdivision.
Wishing to be heard was Louis Yockey, McGhie & Betts, representing the
applicant. Mr. Yockey was available for questions from Councilmembers.
Terry Spaeth, Planning Department, noted that condition #6 has been deleted;
Woods Lane N.W. will not have to be renamed.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Senjem seconded, to approve Land Subdivision
Permit #97-7 by Golfview Development, L.L.C. to be known as Golfview Estates
Third Subdivision with five conditions. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #97-7 to be known as Golfview Estates Third.
Councilmembers Evans moved, Hruska seconded, to table the hearing until the
status of wetland delineation and replacement plan for this property has been
completed and a grading plan has been submitted to Public Works. Ayes (7),
Nays (0). Motion carried.
A Hearing on General Development Plan #97-120 to be known as Cascade
Commons.
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997 -19917
Councilmembers McConnell moved, Stobaugh seconded, to continue the hearing
to May 19, 1997 giving a 28 day negotiation time for buying of the property by
the City. Ayes (7), Nays (0). Motion carried. A letter had been received from
Robert DeWitt, Western Walls, Inc., agreeing to the continuation.
B-6 I A Hearing on Assessing Tree Removal, Debris Removal and Snow Removal.
Wishing to be heard was Dave Weber, 3537 Seventh Street N.W. Mr. Weber
received notice of assessment for removal of snow; however, he said that the
property next to his was where the snow had been removed.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
193-97 assessing properties for Tree, Debris and Snow Removal with the
exception of 3537 Seventh Street N.W.. Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on the Issuance of Industrial Revenue Bonds for PEMSTAR, Inc.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
194-97 approving the issuance of $1,000,000 in Variable Rate Demand Industrial
Development Revenue Bonds and $3,425,000 in Taxable Variable Rate Demand
Industrial Development Revenue Bonds for the PEMSTAR, INC. project. Ayes
(7), Nays (0). Motion carried.
B-8 I A Hearing on Final Plat #96-6 to be known as Rochester Technology Park.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to adopt Resolution No.
195-97 approving Final Plat #96-6 to be known as Rochester Technology Park
with one condition. Ayes (7), Nays (0). Motion carried.
C-1 - Councilmembers Evans moved, Stobaugh seconded, to approve the following
C-11 consent agenda items:
C-1 Approval of the minutes of the April 7, 1997 council meeting.
C-2 Approval of the report from the Rental Housing Complaint Board including the
recommendation not to call a public hearing for the property at 908 West Center
Street. (RCA indicated an incorrect address of 247 63rd Avenue S.W.)
C-3 Adopt Resolution No. 196-97 entering into a professional services agreement
with Holabird and Root for plans and engineering work for roof work on the
Terminal and Service Building at the Rochester International Airport.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
0218 Regular Adjourned Meeting No. 9 - April 21, 1997
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Approve the rejecting of bids for Project No. J-6919 for Steel Ten Unit T-Hanger
and adopt Resolution No. 197-97 authorizing the City Clerk to re -advertise for
bids.
Approve the following licenses and bonds:
Gambling - Temporary Raffles
Rochester Area Gymnastics Academy at Willow Creek Middle School -
August 9, 1997
ARC of Olmsted County at Gloria Dei Lutheran Church - October 28, 1997
Sewer and Drain Licenses
Bernard Donovan DBA O'Donovan Company, Byron
Jim Hrstka DBA Hrstka Construction, Stewartville
Sidewalk Licenses
Jared Allen DBA Allen Concrete, Eyota
Sackey Joles Asphalt Paving
Miscellaneous Street Use
Veterans of Foreign Wars Post #429 and Ladies Auxiliary - Poppy Day Sales -
May 16 and 17, 1997
Olmsted County Memorial Association - Memorial Day Parade - May 26, 1997
United Church of Christ Annual Meeting, Minnesota Conference - June 6, 7, 8,
1997
A.B.A.T.E. Harlem Davidson "Toy Run" - August 16, 1997
American Cancer Society Relay for Life - June 18 and 19, 1997
City/County Employees Silent Vigil Against Violence "Not In Our Town" - May 21,
1997
Sound Amplification Permit
American Cancer Society Relay for Life at Mayo High School Stadium - 7:00
P.M. to Midnight - July 18, 1997 - waiver of time restriction requested.
Approve accounts payable in the amount of $905,782.63.
Adopt Resolution No. 198-97 ordering a feasibility report on Project No. 6219-4-
94 (J-9310) "Reconstruct 19th Street N.W from 32nd Avenue N.w. to West Circle
Drive" and Resolution No. 199-97 receiving the feasibility report and ordering a
hearing to be held on May 19, 1997.
Adopt Resolution No. 200-97 ordering a feasibility report on Project No. 6204-3-
94 (J-9327) "Reconstruct pavement and extend Sanitary Sewer Trunkline on 4th
Street S.W from Broadway to 2nd Avenue S.W." and Project No. 6301-3-97 (J-
2170) "Construct Sanitary Sewer Trunkline from South Broadway at 4th Street
S.W. to the Zumbro River via 1st Avenue S.W." and Resolution No. 201-97
receiving the feasibility report and ordering a hearing to be held on May 19,
1997.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997
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C-9 Adopt Resolution No. 202-97 amending the following paragraphs of Section L
"Permit Parking - Zone 1 John Marshall Zone to read:
9. 12th Avenue N.W. from 10th Street to 14th Street (Both sides)
10. Delete
12. 12th Street N.W. from 11th Avenue to the west line of Gooding's Addition
(Both Sides)
13. Delete
C-10 Adopt Resolution No. 203-97 adding paragraph 305.4 of Section B "No Parking
Zones" to read:
305.4 East Soldiers Field Drive on the east side of the road, from a point 150
feet south of 7th Street to a point 300 feet south of 7th Street, at all times.
C-11 Adopt Resolution No. 204-97 adding paragraph 303.1 of Section B "No Parking
Zones" to read:
303.1 Century Hills Avenue N.E. on both sides of the street from C.S.A.H. 2
(Viola Road) to the south line of Lot 1, Block 1, Century Hills First Subdivision, at
all times.
Ayes (7), Nays (0). Motion carried.
D-1 a Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No.
205-97 referring a petition from Mathy Construction Company and Western
Walls, Inc. to the Public Works Department for a feasibility report on extending
Sewer and Water to property on Second Street S.W. Ayes (7), Nays (0). Motion
carried.
D-1 b Wishing to be heard was Norm Nelson, 5618 26th Avenue S.W., asking when
the 1996 goals of the City were going to be ready. He had available for the
Council copies of Olmsted County's and the School District's as examples of
what they put together.
D-1c Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W., objecting to the
"sewer tax" that is recommended to be put on residents to help pay for sewer
and water construction in areas within the City limits that have septic tanks and
private wells.
E-1 Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No.
206-97 implementing the special assessment policy for sewer and water to
developed property in the City of Rochester.
Discussion. Councilmembers discussed the feasibility of adding the additional
public cost of this policy on the sewer/water portion of the public utility billings or
inclusion on the property taxes. It was the consensus that whichever the
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997
conclusion, the monies collected needed to be tracked and reviewed annually
(June 1st) by the Council.
The motion then read: Adopt Resolution No. 206-97 implementing the alternative
special assessment policy for sewer and water to developed property in the City
of Rochester adding a line on the sewer/water billing for public utilities and
review annually by the Council.
Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
207-97 approving Amendment No. 1 to the Redevelopment Agreement with
PEMSTAR, INC. to commit to the installation of the street and utilities to the west
boundary of Parcel 1 of the PEMSTAR, INC. property. Ayes (7), Nays (0).
Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
208-97 entering into a Skyway Connection Agreement with Larson and Braasch
for the 100 First Avenue Building subject to the terms and conditions provided by
the City Administrator's Office. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
209-97 approving Change Order #8 to the Schroeder/Leverington contract for the
Civic Center Expansion Project in the amount of $41,378.00. Ayes (6), Nays (1).
Motion carried. Councilmember Hruska voted nay.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
210-97 entering into an agreement for professional services with Airport
Consulting Services Group, Inc. and McGhie & Betts, Inc. for plans and
engineering work for a new roadway, utilities, security fencing and lighting. Ayes
(7), Nays (0). Motion carried.
Councilmembers Evans moved, McConnell seconded, to adopt Resolution No.
211-97 entering into a purchase order agreement with Trenchers Plus, Inc. for a
Tractor -Trencher with Plow Combination in an amount not to exceed $32,400.00.
Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Hruska seconded, to approve the transfer of
the Off -Sale Intoxicating Liquor License for P.J.G., Inc. DBA Buckeye Liquor from
Joseph and Pamela Guzinski to Stanley James Whiting of Rochester. Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to approve the revised
Animal Control Ordinance and adopt Resolution No. 212-97 setting fees under
the revised ordinance and instruct the City Attorney to prepare the required
ordinance for adoption.
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 9 - April 21, 1997 �93/
Councilmember Stobaugh moved to amend the original motion asking the subd.
6 be deleted from the final version of the ordinance. - Subd. 6 dealt with the issue
of allowing dogs to be off leash and to come "on command" to the owner.
Councilmember Stobaugh noted that he had many calls asking that his provision
be deleted and to maintain the old section to keep dogs leashed at all times.
Councilmember Stobaugh's amendment to the motion failed for lack of a second.
Discussion. Councilmembers discussed the provision for allowing animals to be
"at large" rather than leashed at all times.
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 213-97 approving the wetland delineation and replacement plan for
Rochester Technology Park Subdivision with four conditions. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to authorize the City
Purchasing Director to issue a purchase order for the second Elgin Street
Sweeper for the Public Works Department for $94,915.00 plus tax. Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
214-97 approving the purchase of 28 acres of land in the future Cascade Lake
area for $475,000.00 and authorize staff to complete the necessary items to fulfill
the requirements of the purchase agreement. Ayes (7), Nays (0). Motion
carried.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
215-97 entering into an agreement with Dakota, Minnesota and Eastern Railroad
for replacement of the railroad crossings at 11th Avenue N.W., First Avenue
N.W. and Ninth Avenue N.E. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
216-97 requesting a variance from the Commission of Transportation concerning
the State Aid Rules for a street width of 60 feet verses 64 feet for four driving
lanes on 4th Street S.W. from Broadway to 2nd Avenue S.W. plus parking lanes
for State Aid Project 159-119-07 (J-9327). Discussion.
Councilmember Hruska stated that he would like to see north/south turning
movements onto Broadway. Richard Freese, Public Works Director, noted that
he will report back after addressing the issue.
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 217-
97 calling for a public hearing for the issuance of Industrial Development Bonds
of not more than $1,150,000.00 for Gauthier Industries. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
ReguiRT,Wdj@frngRW6bV�i�o.4N*�l 1997
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An Ordinance Amending and Reenacting Sections 28.02, 28.03 and 28..04 of the
Rochester Code of Ordinances, Relating to the Water Service Availability Fees
and Sewer Connection Charges was given a first reading.
An Ordinance Creating Chapter 106A of the Rochester Code of Ordinances,
Relating to Animal Control in the City of Rochester and Deleting Chapter 106 of
the Rochester Code of Ordinances was given a first reading.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
218-97 entering into an owner agreement with Glendale Partners and Elcor
Construction, Inc. for Project No. J-9410 "Basic Construction in Glendale Hills
Third Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No.
219-97 entering into an owner agreement with the Verna E. Badger Trust and
Elcor Construction, Inc. for Project No. J-9414 'Basic Construction in Northview
Subdivision from Valleyhigh Drive N.W. to the North line of the Mail Processing
Center". Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 220-
97 entering into an owner agreement with North Park Partners and S.L.
Contracting, Inc. for Project No. J-9409 'Basic Construction in North Park Eighth
Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
221-97 entering into an owner agreement with North Park Partners and S.L.
Contracting, Inc. for Project No. J-9384 'Basic Construction in North Park
Seventh Subdivision". Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
222-97 entering into an owner agreement with Mayowood Enterprises and Elcor
Construction, Inc. for Project No. J-9415 'Basic Construction in Mayowood
Common Phase 3". Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to remove from the table
Zone Change Request #97-2 by SuperAmercia to rezone lots 4-6, block 22,
Northern Addition from the B-1 district to the B-4 district. Ayes (7), Nays (0).
Motion carried.
Councilmembers Marcoux moved, Evans seconded, to approve Zone Change
Request #97-2 by SuperAmerica.
Discussion. It was noted that an agreement had been reached between
SuperAmerica and Samitarian Bethany Nursing Home regarding the hours of use
for the carwash, hours of use of the microphones and other uses that would
disrupt the nursing home residents.
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Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay.
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Councilmembers Senjem moved, Stobaugh seconded, to remove from the table
the approval of two 36,000 GVW Dump Trucks for the Public Works Department.
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 223-97 accepting the low bid of $97,790.00 from Interstate Motor Trucks,
Inc. for two (2) 36,000 GVW Dump Trucks for the Public Works Department.
Ayes (7), Nays (0). Motion carried.
G-3 Councilmembers Hruska moved, Stobaugh seconded, to remove from the table
the approval of one 36,000 GVW Truck Chassis and Hydraulic Lift Loader for the
Public Works Department. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No:
224-97 accepting the low bid of $77,834.00 from Interstate Motor Trucks, Inc. for
one (1) 36,000 GVW Truck Chassis and Hydraulic Lift Loader for the Public
Works Department. Ayes (7), Nays (0). Motion carried.
Having no further business, Councilmember Marcoux moved, Hruska seconded,
to adjourn the meeting to 4:30 P.M., April 28, 1997. Ayes (7), Nays (0). Motion
carried.
CitJ Clerk