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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5355
Regular Adjourned Meeting No. 25 — September 21, 1998
Agenda
Item
A-1 I No one wished to be heard during the Public Comment Section.
B-1 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.
Terry Adkins, City Attorney, asked the Council for approval of the resolution setting
forth the order of business for the revised agenda of the Council.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 554-98
approving the order of business for the meetings of the Common Council. Ayes (7),
Nays (0). Motion carried.
C-1 IA Hearing on Vacation Petition #98-13 by River Ridge Suites, LLC to vacate the
right-of-way of Second Street N.E., which lies north of Block 78, Original Plat.
Councilmembers received a memorandum from Mike Nigbur, Public Works
Department, asking the Council to deny the vacation as it is uncertain at this time if
the land will be needed for DM&E railroad issues. The D items of the agenda will
contain a revocable permit for the land for Mr. Larson.
Wishing to be heard was Gary Larson, 618 21st Street N.E., President of River
Ridge Suites, asking the Council to grant the vacation. He stated that the land is
320 feet running parallel to the railroad tracks and he could not see the City using
this location for any type of over/under pass for the railroad project. Mr. Larson
noted that the details on the project went through all the City departments without
any objection.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Mike Nigbur, Public Works Department, stated that the City is not comfortable in
giving up the right-of-way until the details of the DM&E project are known.
Mitzi Baker, Planning Department, stated that the Planning Department staff had
recommended denial or tabling because of the reason of the DM&E issue.
Councilmembers Senjem moved, Marcoux seconded, to table Vacation Petition
#98-13 by River Ridge Suites, LLC, until November 16, 1998. Ayes (7), Nays (0).
Motion carried.
C-2 A Hearing on Type III, Phase II Zoning District Amendment #98-9 by Universal
Ford/Toyota to Rezone Lane From the B-1 to the B-4 District Located South of
Pennington Court, West of 25t' Avenue N.W., East of the East Frontage Road.
Wishing to be heard was Leslie Revas, McGhie & Betts, representing the applicant.
Ms. Revas informed the Council that the area to be rezoned to B-4 would maintain
a 100 foot distance between the R-1 District and the B-4 District. The area
between the two districts would remain B-1. She stated that the reason for the
change was the fact that an auto dealership accessory use is not allowed in the B-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5356
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district. This area will abut the drainage ditch to the east of Universal Ford and will
be used for parking of cars, particularly employee cars, at this time.
Wishing to be heard was Ruth Earley, 5015 25th Avenue N.W., a resident to the
east of the Universal Ford property. Ms. Earley told the Council that when her
family moved into their house in 1997, they were told that there were no plans for
the B-1 area to their west and that it would remain as such. She also noted the
problems with the outdoor speakers from the car dealerships running 24 hours per
day. Ms. Earley felt that those speakers should be shut off in the evening hours.
Ms. Earley also called attention to the fact that businesses to the west are
continually filling in the drainage area and ditch. She and the other residents are
worried that they may have runoff problems in the future from the lack of a drainage
area.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember McConnell voiced his concern that Universal Ford is continuing to
intrude on the neighborhood to the east of their business.
Mike Nigbur, Public Works Department, stated that there is no provision to stop the
businesses from filling in the portions of drainage ditch. However, the Public Works
and Planning Departments are currently working on drainage study for that area.
He also stated that the Public Works Department is not issuing any further grading
permits for the area until the study is completed.
Councilmembers Senjem moved, Hruska seconded, to approve the Type III, Phase
II Zoning District Amendment #98-9 by Universal Ford/Toyota with the four findings
from the Planning and Zoning Commission and instruct the City Attorney to prepare
the required ordinance for adoption. Ayes (6), Nays (1). Motion carried.
Councilmember McConnell voted nay.
A Hearing on Type III, Phase II Restricted Development Preliminary Plan #98-15 by
Earl Harvey Rand to Allow the Continuation of a Motorcycle Service and Parts
Business to be Operated From the Property Located Along the West Side of
Second Avenue S.E., South of 18th Street S.E., North of 19th Street S.E.
Wishing to be heard was Earl Rand, 1817 Second Avenue S.E., available for
questions from the Council regarding his application.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 555-
98 approving Type III, Phase II Restricted Development Preliminary Plan #98-15 by
Earl Harvey Rand. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase III General Development Plan #135 by R & L
Partnership to be Known as "Greenhaven" Located South of 48th Street S.W., west
of Willow Creek Golf Course and East of 31st Avenue S.W.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5357
Regular Adjourned Meeting No. 25 — September 21, 1998
Agenda
Item
Wishing to be heard was Kent Sandgren, 5428 31st Avenue S.W., living to the west
of the proposed project. Mr. Sandgren was concerned about the traffic impact that
this development would have on the present road. He felt that this issue needed to
be addressed prior to the project development.
Wishing to be heard was Brenda Dicken, 821 Paxton Road S.W., a member of the
Rochester Township Board. Ms. Dicken related the meeting held between the City,
County and the Township Board on the inadequacy of the road. She stated that the
Township Board would like to transfer 481h Street to the west property line to the
ownership of the City. She noted that Rochester Township is in no position to bring
the road up to standards without a tax levy.
Jeff Griffin, GGG Engineering, Chatfield, told the Council that the owners of
Greenhaven will be improving the road adjoining the property and approximately
150 feet more to the west. They will be removing the knolls and upgrading the
entire section.
Mike Nigbur, Public Works Department, told the Council that the proposed two-lane
blacktop surface with shoulder would be adequate for the amount of traffic on the
road.
Steve Kvenvold, City Administrator, told the Council that considerable monies in the
range of $2 million would be needed to bring the entire 48th Street to TH 63 up to
the required standards. He stated that it would take a long time to complete.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve the Type III,
Phase III General Development Plan #135 by R & L Partnership to be Known as
"Greenhaven" with conditions 3, 4, 7 and 8 as recommended by the Planning and
Zoning Commission. Ayes (7), Nays (0). Motion carried.
C-5 A Hearing on the Review of the Proposed Changes to the Subdivision Regulations.
Terry Adkins, City Attorney, gave a brief review of the subdivision ordinance's
beginning in 1995 and the review process over the past two years to update the
ordinance. He stated that after many months of meetings and discussions, there
appeared to be seven major policy issues which needed to be resolved. Mr. Adkins
then introduced Dr. Robert Freilich, from the law firm of Freilich, Leitner and Carlile
of Kansas City, Missouri, a noted expert in the area of subdivision regulations.
Dr. Robert Freilich, Kansas City, Missouri, noted his appreciation to the City staff,
developers, citizens, Planning staff, Council and others who had worked with him
on the assessment of the City's subdivision ordinance. Dr. Freilich noted the
various issues that they started working on, narrowing to seven major issues:
1. Mandatory vs. voluntary neighborhood meetings.
2. Requiring hearings for major grading permits.
3. Requiring adequate street capacity for GDP approval.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5358 Regu'a� °,�uFned Meeting No. 25 SeptembeF 211998
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4. Evaluating Traffic capacity earlier in the development process.
5. Maintaining a minimum level of service for streets.
6. Accepting liability for street improvements.
7. Requiring private roads to be designed to City standards.
Dr. Freilich cautioned the Council that they must consider the public facilities
deficiencies which they may create beyond that which they have already created.
When the Council allows a new subdivision to be created, such as Greenhaven,
despite the lack of adequate roads, the Council increases the public facility
deficiencies. Instead, the Council should rely upon its Capital Improvement
Program in determining adequate public facilities (such as roads) or the developer
should advance the deficient public facility, phase in the development or redesign
the development so as to avoid the deficiency. By requiring adequate public
facilities, the City will reduce the costs of uncontrolled urban sprawl and encourage
economic development since prospective businesses want to see a city living within
its abilities. He said traffic studies performed early on in the development process
were important to ensure that development occurs at the level of the public's street
system.
Wishing to be heard was Mark Utz, 300 Norwest Center and Associate member of
the Rochester Builders Association. Mr. Utz stated that the Council also needs to
address the question of affordability. Permits account for tens of thousands of
dollars for each commercial project. He asked that the Council table the hearings
and schedule workshops where input can be obtained.
Wishing to be heard was Dave Higgins, Eyota, President of the Rochester Builders
Association. Mr. Higgins also asked that the hearing be tabled and that workshops
be set up.
Wishing to be heard was Gary Smith, 4114 14th Avenue N.W., Rochester Area
Economic Development. Mr. Smith stated that they were concerned about the
timing and how much the new amendments would add to the process. If the
process is going to be extended, how will it affect the way that developers are able
to develop; what is going to be the impact in the future.
Wishing to be heard was Julie Leitzen, DeWitt Construction, 604 11th Avenue N.W.
Ms. Leitzen asked how the whole process was going to be handled in one evening.
She also asked how the neighborhood meetings would be conducted and how the
hillside and mining ordinance would be impacted and how the other five
amendments would impact the current process.
Wishing to be heard was Jim Conway, 3002 Eighth Avenue N.W., President of the
Rochester Association of Realtors. Mr. Conway told the Council that affordability in
housing is an issue in Rochester. There are not many lower priced homes for
people just coming to Rochester to afford. He felt that there needed to be someone
looking at the issue to make it affordable in both directions.
Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W. Mr.
Kottschade talked about the neighborhood meetings and the fear of developers into
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5359
Regular Adjourned Meeting No. 25 — September 21, 1998
running into hostile situations; they should be on an even playing field. He also
spoke to the cost of the traffic impact reports and the length of time it took after the
reports had been completed for staff to critique. He asked that the development
process become stabilized.
Having no one further wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Hruska seconded, to continue the hearing.
Discussion.
Councilmembers Senjem moved, Stobaugh seconded, to adopt the Planning
Commission recommendations on issues #1 and V. Ayes (7), Nays (0). Motion
carried.
It was the general consensus of the Councilmembers that Conditions 2,4,and 6 be
continued on September 28, 1998 at 4:15 P.M. Conditions #3 and #5 would be
more difficult and would need to have another continued hearing scheduled.
C-6 A Hearing on 1999 Community Development Block Grant Appropriation.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve the 1999
Community Development Block Grant Appropriations as submitted to the Council.
Ayes (7), Nays (0). Motion carried.
D-1-5, Councilmembers Stobaugh moved, Marcoux seconded, to approve the following
7-13 consent agenda items:
D-1 I Approved the minutes of the September 9, 14, and 16, 1998 meetings.
D-2 I Approved the following licenses and miscellaneous activities:
On Sale 3.2 Beer — Temporary
St. Pius X Council of Catholic Women — 60's Dance — October 10, 1998
Dance — Temporary
St. Piux X Council of Catholic Women - 60's Dance — October 10, 1998
Gambling — Temporary Raffles
Ronald McDonald House — Raffle at Rochester Golf & Country Club —
November 7, 1998 (waiver of 30 day time period)
Lourdes Foundation — Raffle — October 17, 1998 (waiver of 30 day time
period)
Holy Spirit Catholic Church — November 21, 1998
On -Sale Liquor — Temporary
Hiawatha Homes Foundation — Wine Taste for Charity — October 23, 1998
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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American Hellenic Education & Progressive Association — Beer & Wine
Festival — October 30, 1998
Master Plumber
Maurice Harty DBA Harty Mechanical, Inc. —Austin
Sewer & Drains
Bed Rock Sand & Gravel, Oronoco
Sign Installation
John E. Nagel DBA Nagel Signs, Inc., Waterloo, Iowa
Sound Amplification Permit
Gay and Lesbian Community Services — Peace Plaza — October 11, 1998
Miscellaneous
Knights of Columbus — Marathon For Non -Public Education — October 3,
1998
Pace Dairy Foods — Cancer Walk — October 4, 1998
Approved the Sound Amplification Permit for September 22, 24 and 28 for the
demonstration and public dance in connection with National Ballroom Dance Week.
Approved Accounts Payable in the amount of $1,474,885.48.
Adopted Resolution No. 556-98 executing a software licensing agreement with
NOVA Consulting Group, Inc. to allow the City to use NOVA's Asbestos Tracking
Software (NATS).
See at the end of the C items.
Adopted Resolution No. 558-98 granting a revocable permit to the Mayo
Foundation to allow the construction and maintenance of a tunnel connecting the
Kahler tunnel to the Mayo tunnel.
The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo
Foundation were noted.
Adopted Resolution No. 559-98 establishing a right-of-way fee and issuing a
revocable permit for Greenway Cooperative's planned placement of retrieval
buildings at the intersection of Civic Center Drive and 16'' Avenue N.W.
Adopted Resolution No. 560-98 authorizing the City Clerk to advertise for bids to be
opened on October 14, 1998 for Project No. J-2452 "Stabilization of Rocky Creek
West of TH 63".
Adopted Resolution No. 561-98 executing the First Amendment to the City -Owner
Contract between the City of Rochester, Mayo Foundation and Fraser Construction
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Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5361
Regular Adjourned Meeting No. 25 — September 21, 1998
Company for Project No. J-9497 "Construction of Temporary Roadway in Proposed
New Alignment of 1st Street S.W. between V Avenue and 4th Avenue S.W.".
The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo
Foundation were noted.
D-11 Adopted Resolution No. 562-98 authorizing the City Clerk to advertise for bids to be
opened on October 14, 1998, for Project No. 9856 (J-6390) "Installation of a Traffic
Signal on CSAH 22 & CSAH 4 (Valleyhigh Drive N.W.)".
D-12 Adopted Resolution No. 563-98 setting a hearing for October 19, 1998 for
Expansion of Residential Permit Parking Zone 4 (Meadow Park Neighborhood).
D-13 Adopt Resolution No. 564-98 granting a revocable permit to Leslie Nelson,to allow
for the replacement of an existing projecting sign with a new projecting sign on the
property located at 102 South Broadway.
Ayes (7), Nays (0). Motion carried
D-6 Councilmember Evans questioned the agreement with Auto Vision Car for the
former Mr. Muffler property at the corner of 3rd Avenue and 4'h Street S.E. He felt
that the rent charged the leasee was not as high as it should be. It was noted that
the leasee would also be paying the taxes.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
557-98 entering into a lease and subrogation agreement with Auto Vision Care
concerning the use of the former Mr. Muffler building. Ayes (6), Nays (1). Motion
carried. Councilmember Evans voted nay.
E-1 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 565-
98 executing a purchase agreement to acquire land in the Viking Hills area for the
establishment of a neighborhood park.
Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 566-
98 granting a six-month franchise extension to TCI Cable ending December 9,
1998. Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers were informed that the notices that had been sent to Ron Blume,
owner of the disorderly use property at 24 11th Street N.W., were mailed
simultaneously. They have decided not to schedule a public hearing at this time
but Mr. Blume needs to submit a written statement to Building and Safety as to how
he intends to remedy the situation and prevent such from occurring in the future.
Councilmember Stobaugh asked that this matter be scheduled before a Committee
of the Whole to review problems with the process now followed for disorderly
properties.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
53�� CITY OF ROCHESTER, MINNESOTA
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Councilmembers McConnell moved, Evans seconded, to not schedule a public
hearing on the disorderly house at 24 11t' Street N.W. but require the owner of the
property to submit a Use Plan to Building and Safety by October 1, 1998. Ayes (7),
Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 567-
98 approving a change order with Knutson Construction for the Third Street Ramp
contract in the amount of $29,062 for concrete sealing. Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
568-98 entering into a land exchange agreement with Michael Younge
Development, Inc. for future park development in the area of Northern Hills Prairie
and the amended Lincolnshire general development plan. Ayes (7), Nays (0).
Motion carried.
Councilmembers Hruska-moved, Marcoux seconded, to adopt Resolution No. 569-
98 supporting a negative declaration for the Environmental Impact Statement for
the Continental Development and noting that nothing in this determination that the
EAW is adequate should be interpreted in any way to suggest that the City
approves of the proposed development. Ayes (7), Nays (0). Motion carried.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
570-98 granting a revocable permit to River Ridge Suites, LLC, to allow a portion of
the Second Street N.E. right of way to be used as part of the parking lot to serve
the development. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No.
571-98 approving the development and execution of Storm Water Management
Agreements for Redeemer Lutheran Church, 869 Seventh Avenue S.E., Hope
Lodge, 411 Second Street N.W., Buy -Rite Fuels, 3731 Enterprise Drive S.W.,
Artistic Fabrications, Lot 2, Block 1 River Court Commercial Subdivision, Riverview
Court, Lot 1, Block 1, River Court Commercial Subdivision, and Calvary Baptist
Church, 5905 Silas Dent Road N.W.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 572-98
executing an Amendment to the Assessment Agreement between the City of
Rochester and Cordul Establishment, Inc. for Projects J-9173 and J-9265. Ayes
(7), Nays (0). Motion carried.
Steve Kvenvold told Councilmembers that at the time the last contract for parking
services was awarded to APCOA in 1995, it was suggested to the Council that
competitive bids should be sought. He noted that APCOA has done an excellent
job since they first held the contract in 1982 and are eligible to rebid for services
again.
Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
573-98 terminating the current Parking Management Contract with APCOA, Inc.
effective December 31, 1998 and seek competitive bids for a Parking Management
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 5363
Regular Adjourned Meeting No. 25 — September 21, 1998
Contract for five parking ramps and three surfaces. Ayes (7), Nays (0). Motion
carried.
E-11 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
574-98 entering into a settlement agreement with Tri-State Outdoor Media Group
for the City's removal of a Tri-State billboard from the Brown Lot and provide
$20,000 payment in exchange of its release of any and all claims it may have
against the City. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Rezoning Certain property From the B-1 District to the B-4 District
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.
(South of Pennington Court, west of 25th Avenue N.W., east of east Frontage Road
— Universal Ford/Toyota)
F-3a An Ordinance Repealing Ordinance No. 3164, Relating to the Annexation of 6.31
Acres in the Northeast Quarter of Section 20, Township 107 North, Range 14 West,
Olmsted County, Minnesota, was given a second reading. Councilmembers
McConnell moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7),
Nays (0). Motion carried. (Badger Trust)
F-4a Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No.
575-98 entering into an owner contract with Menard, Inc. and Rochester Sand and
Gravel for Project No. J-9499 "Watermain to Serve Menards North Subdivision
(Lots 1, 2 and 3)". Ayes (7), Nays (0). Motion carried.
F-4b Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 576-
98 entering into an owner contract with Western Walls, Inc. and Elcor Construction
for Project No. J-9513 "Construction of Underground Utilities in Manorwood Lakes
Second Subdivision, Phase II". Ayes (7), Nays (0). Motion carried.
F-4c Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
577-98 entering into an owner contract with Calvary Baptist Church and Road
Constructors, Inc. for Project No. J-9509 "Public Watermain and Sanitary Sewer to
Serve Calvary Baptist Church". Ayes (7), Nays (0). Motion carried.
G-1 Councilmembers Senjem moved, Stobaugh seconded, to remove from the table the
proposal to amend rezoning criteria. Ayes (7), Nays (0). Motion carried.
Terry Adkins, City Attorney, told the Council that Exhibit C represented the joining
together of the first two criteria into a single criterion. He said the word "or"
separating the joined criterion allowed the Council to respond to changing
conditions that encourage further development of the land.
Councilmembers Senjem moved, Evans seconded, to approve Exhibit C as the
ordinance for rezoning criteria. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
5364 Regular Adjourned Meeting No. 25 — September2l,1998
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An Ordinance Amending and Reenacting Section 60.338 of the Rochester Code of
Ordinances, Relating to the Criteria for Approval of Rezoning Applications 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 McConnell moved, Senjem seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, McConnell seconded, to remove from the table the
Environmental Assessment Worksheet for Orchard Ridge Development. Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 578-
98 supporting a negative declaration for the Environmental Impact Statement for
the Orchard Ridge Development and noting that nothing in this determination that
the EAW is adequate should be interpreted in any way to suggest that the City
approves of the proposed development. Ayes (7), Nays (0), Abstain (1). Motion
carried. Councilmember McConnell abstained.
Having no further business, Councilmembers McConnell moved, Stobaugh
seconded, to recess the meeting to 4:15 P.M. on September 28, 1998. Ayes (7),
Nays (0). Motion carried.
ty Clerk
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