HomeMy WebLinkAbout1993 [11] Nov 04
Page 2409
November 4, 1993
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Pursuant to due call and notice thereof, the city Council for the City
of st. Joseph met in regular session on Thursday, November 4, 1993 at
7:00 p.m. in the st. Joseph City Ha 11 .
Members Present: Mayor Donald "Bud" Reber. Councilors Ross Rieke, Bob
Loso, Stephanie Hazen, Ken Hiemenz. Deputy Clerk Judy Weyrens
Others Present: Lynn Schnieder, Mark Lambert, Joe Denoyers, Gary
Terwey, Sylvester Prom, Joe Rennie, Joe Bettendorf, Rachel Stapleton,
Cindy Richter, JoAnn Evens, Kevin Evens, Brian Salidino
Agenda Approval: Hazen made a motion to approve the agenda with
additions; seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Approval of Minutes: Hazen made a motion to approve the October 14,
1993 minutes with the following correction; seconded by Loso.
Page 2397: Resolution to apply for planning grant. ..which provides
for financing a service sharing study for the City and
Town of st. Joseph. . .
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Hiemenz made a motion to approve the Minutes of the October 21 , 1993
City Council with the following corrections:
Page 2400: 3) . . . Mayor requested that the Council consider.. .
Page 2400: Rieke: 2) Rieke stated that he had been approached by
Mike Deutz, who requested the Council discuss the
mechanics and possibility of permitting kegs.
The motion was seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: Hazen Motion Carried 4:1:0
Bill s Payable: Hazen questioned the City policy on the maximum accrual
of compensatory hours. The Council agreed that the City po 1 icy is to
allow the accrual of compensatory hours not to exceed 40 hours. Hazen
made a motion that all comp time balances exceeding 40 hours be paid
down. The motion was seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Ho li days: The Council discussed the current policy on Holidays, which
requires that all holidays must be used within 30 days of the Holiday.
The Council clarified that this po 1 icy will be adhered to.
The Counc i 1 requested that a memo be sent to all employees reminding
them that purchase orders are required for all purchases and must be
approved in advance.
Hiemenz made a motion to approve the bills payable as presented, Check
numbers 18904 - 18969; seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Page 2410
t~ovember' 4, 1993
Mayot~ Reports
Parkin~ Lot: Dennis stueve had I~equested that the City allow him to
store cat~ s along the western edge of the parking lot. The ar~ea was
paved to provide parking for' City use and there is not enough space to
store vehicles. Loso made a motion to deny the request of Dennis
stueve; seconded by Hazen.
Ayes: Rebe,~ , Rieke, Loso, Hazen, Hiemenz.
Nayes: None. ~1ot i on Cai~r i ed 5:0:0
Paul Kollmann: Paul Ko llmann has ,~ecent 1 y been annexed to the City, and
i s questioning whether he can continue to have his ,'es i dence function
as a duplex. The Council was in general agr~eement that when property
1 s annexed, the use comes into the City as it was in the Township.
Rieke made a motion to re-affirm that po 1 icy and notify Mr. Ko llmann
that he needs to contact the Rental Housing Inspector to I~eg i ster the
'.1- The motion was seconded by Hiemenz.
un 1 I,.. ,
Ayes: Rebe,~ , Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Mot i on Carr~ i ed 5:0:0
County Road 133 Reali~nment: Mayor Rebel~ stated that a meeting was held
on November 3, 1993 to discuss the possibi 1 ity of real igning County
Road 133 and preservlng the 12th Avenue corr i dOI~ . It was the consensus
of those present at the meeting to continue to study this matter and
pl~otect the corr~ i dor~ .
COUNCILOR REPORTS
Rieke
CORE: Cor e will be meeting on November 29, 1993,
Hazen
Fire Board: The Fire Board had a meeting on November 3, 1993, Ken Twit
appeared before the Boat~ d to discuss the pr'ob 1 ems the Relief
Association has been encountering with the state Auditor's Office. ~1ì' ,
Tw it wi 1 1 be present at the November 18, 1993 Council meeting to
discuss this matter further.
Loso
Hockey Rink: The 1 ights have been wired for the hockey rink and wi 1 1 be
installed shortly, The Park Boar~d requested that the expenditure for'
the lights be taken from the Park Development area. Loso made a motion
authorizing the expenditure fOt~ the installation of the 1; ghts , and to
expend the funds from the Park Development area. The motion was
seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Skatin~ Rink: Loso stated that Slnce the hockey ì~ i nk has been moved,
the City has only one rink for~ both hockey and free skating. In an
Page 2411
November 4, 1993
effort to provide areas for both types of skating, Loso made a motion
instructing the Maintenance Department to flood an additional area near
the hockey rink for free skating. The snow should be furrowed to
provide edging. The motion was seconded by Hiemenz.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
street LiQhtinQ: Residents in Northland have raised concerns as to the
street 1 i ghts that are not operational. Councilor Hiemenz made a
motion instructing the Police Department to routinely check the street
1 i ghts and report non-operational lights to the City Offices. The
motion was seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Hiemenz
PlanninQ Commission: The Planning Commission met on Monday, November 1 ,
1993 and approved the following:
* Special Use Request of Mary Kaye Nordmann (approved by the
Counc i 1 conditionally, October 21 , 1993)
* Building permit application of Dr. Bob Vornbrock
* Application for a special use permit hearing-Shannan Hinnenkamp
* Lot Split request of Ron Kostreba
CLERK/ADMINISTRATOR REPORTS
Noise Violation: The Police Department notified the City Office of a
noise violation at 117 East Minnesota Street. This is a first
violation.
Cleanup of L ymann Hu 11 Property: Avon State Bank, owner of the Lymann
Hu 11 property, responded to the City's request that the property be
cleaned in 30 days. Their letter indicated that the cleanup is in
progress.
Linnemann Inn: Steve Dehler, owner of the Linnemann Inn, submitted a
letter stating that at this time he does not intend to pave the parking
lot. Counc i lor Loso stated that Mr. Dehler and Mr. Lindgren should
comply with the Ordinance, which requires that the parking lot be a
dust free surface. Loso made a motion requiring the owners of the
Linnemann Inn to come to full compliance with the City Ordinances. The
motion was seconded by Hazen.
Discussion: Councilor Hiemenz felt that the property owners have
complied with the Ordinances and did complete the required
processes. Rieke stated that the facility is an improvement and
he is very comfortable with the procedure followed. Hazen
requested that the Council receive all correspondence and review
this material before the property owners are notified.
Ayes: Reber, Loso, Hazen,
Nayes: Rieke, Hiemenz. Motion Carried 3:2:0
Page 2412
November 4, 1993
Christmas Li~hts: The st, Joseph Lions have donated $140.00 towards the
pur~chase of the replacement christmas light bulbs. The actual cost of
replacement is approx. $165.00, Hiemenz made a motion to authorize the
expenditure of the additional funds needed for Christmas bulb
replacement. The motion was seconded by Loso,
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Hazen r~equested that the Clerk/Administrator Reports include a brief
synopsis of action requested from the previous meeting,
Waç¡e Neç¡otiation Interim Report: Counc i lor Hiemenz reported that he and
Councilor Hazen have met with all the employees to gather information
regarding wages and other compensation. Hiemenz and Hazen also
proposed some changes in the benefits and requested feedback. At this
time there is no report, but hopefully they will have the proposal
t~eady for~ the next City Council meeting. Hiemenz also stated that he
has been contacting the surrounding Cities to gather information on
wages and benefits,
Fence Construction Complaint: Counc i 1 Ot~ Rieke requested the minutes
reflect that he stepped down from his cha i t~ at 7:53 p.m. and became
part of the public. Kevin and JoAnn Evens appeared before the Council
to discuss the fence located on the property owned by Ross Rieke, They
feel that the City Ordinances are not being followed and requested that
the Council take action. Mr, & Mrs. Evans stated tfwee issues they are
concerned with:
1 ) Materials used- whether ot' not they contain creosole
2) The height of the fence exceeds seven feet in areas
3) The location of the fence, survey mat~kers are questionable
t"layor Reber stated that the City Council can only control what the City
Ordinances allow and they will be verified. Also, Mayor Reber has
received a letter from the neighbor on the north of ~1t' . Rieke, stating
similar concerns as the Evens I have presented,
Mr. Rieke stated that the project is in construction and he and his
wife are very excited about the fence. When a project 1 s 1n
construction, it is not reasonable to judge the qual ity unti 1 '.1- is
1 \-
complete. Plans for the fence include landscaping around the fence and
vines to cover the fence.
Loso made a motion to suspend the fence permit of ~1r , Rieke until the
following conditions are met,
1 . Mr. Rieke hires a chemical testing company to perform a
toxicity test on the fence materials and pt'esents the results
to the Council
2. Mr. Rieke hires a certified land surveyor to locate his
property lines,
3. The City Building Inspector 1S notified and requested to
inspect the fence, checking the fence height.
Page 2413
November 4, 1993
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The motion was seconded by Hiemenz.
- Ayes: Reber, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 4:0:0
Mr. Rieke requested that he be informed of the requests by letter.
Councilor Hazen requested that the City Attorney review the letter
before it is sent to Mr. Rieke.
Mayor Reber requested that the City Offices notify the Evans when the
matter will be placed on the agenda and discussed.
Counc i lor Rieke resumed his chair at 8:00 p.m.
Hazen made a motion recess at 8:00 p. m. ; seconded by Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Mayor Reber reconvened the meeting at 8:15 p.m.
OPEN TO THE PUBLIC
Brian Saladino appeared before the Council to discuss concerns with
minor consumption of alcohol in Sa 1 · s Bar. Mr. Saladino stated that he
was a bouncer at Sa 1 ' s and is speaking on behalf of some of the
students of st. John's and st. Ben's. In his perception, minor
consumption is a problem that is escalating. He stated that while he
was employed at Sal's he has seen the number of minors increase and was
also aware of alcohol being sold after the bar was closed. Mr.
Saladino stated that the owner of the establishment has done nothing
but encourage the sale of alcohol to minors and suggested there is a
need for something to be done.
Councilor Rieke interrupted Mr. Saladino and expressed appreciation for
his initiative in coming before the Council. However, it is important
to remember that these are all allegations and the Council has not been
made aware of any problems by the Police Department. Rieke stated that
the Police Department needs to inform the Council of such matters
before they can take action.
Mayor Reber concurred with Councilor Rieke and thanked Mr. Saladino for
taking the time to discuss the matter with the Counc i 1 .
OLD BUSINESS
Ordinance Amendment ::. Counc i 1 Limitation: Waiting for information from
John Scherer.
Plumbing i Heating Inspector: The City has not yet received information
on this matter. Councilor Hazen stated that she and Councilor Hiemenz
could work on a job description to be presented to the Council for
review.
Street Numbering Proposal: The Counc i 1 discussed the mechanics of
Page 2414
November' L1. 1993
, ,
implementing the pt'OpOS a 1 as pt'esented by of f i ce r"ieyer'. The Council -¡ s
r'equest i ng infonnation f I~ om the C i t Y .Att.or~ney and City Eng i neer' as to
the procedure for implementation.
Water Tower Illumination: ,Joe Bettendot~f , City Engineer VI i 11 pr~epare a
compilation of expenditures and budget for the water' storage faci 1 ity
and pr~esent it to the Council.
Sign Repor't .:: ~1a i ntenance Department: Pub 1 i c Wor~ks Dit'ector~ wi 11 be at
the next meeting to r~epor't the status.
MS.A Service District: The Council was in general agt' eement to remove
th i smatter' from Old Business,
.Job Descriptions: This matter was tabled.
Rea 1 i gnment. ::::.. County Rd 133: Discussed earlier' this meeting.
.Amendment to Ordinance No, 89: Waiting for' i nfonnat ion fr'orn the City
.Attorney.
Amendment to Ordinance No, 91: The Council agreed to drop this matter'
from Old Business and r'ep 1 ace it with the signage problem on 3rd Avenue
NE and Ash Street East. The stop sign located on the co r- n e I' ,. said
OT
intersection i s blocked by a ever~9reen. This presents a safety hazard
and needs to be corrected, Loso made a motion to send a 1 et tet' to the
property owner requesting ideas as to how to correct the situation.
The motion was seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. ¡'lot i on Carr~ i ed 5:0:0
Noise Violation: Joe Denyors, resident at 27 - 2nd Avenue, and
spokesperson for' the house, appear' ed befot~e the Council to discuss the
r' ecent suspension of the rental license for' said property. Mr' .
Denoyers stated that he was not awar~e , nor wer' e the other tenants, that
they had t~ e c e i v e d tv/o noise violations and a hearing was going to be
held, Had the tenants known, they would have attended. The tenants
were informed that they would need to vacate the rental propet'ty on
Deceiiîbet~ 1 , 1993 for' 30 days. Since final examinations ar~ e finished
on December 18, 1993 and it 1 S extr'eme 1 y difficult to find a place to
1 i ve for' 18 days, ~1r . Denyors requested the Counc i 1 t~ e con sid e r the i r'
action of Octobet~ 21 , 1993, Loso made a motion to change the beginning
date of the suspension ft'om December 1 , 1993 to December' 18, 1993. The
motion was seconded by Rieke.
Ayes: R e b e r' , Rieke, Loso, Hazen, Hiemenz.
Nayes: None, Mot ion Cat--r i ed 5:0:0
~11~ . Denyors also t'equested the Council cons i det' changing the po 1 icy so
that the tenants would also receive written J.... of the violation,
no "Ice
1'1 a yor' Reber appreciated what they said and under~stands that you cannot
fix a problem unless you know that it ' J... st, Joseph is not tho
eX1Sc.S.
only City looking fot~ a better means of contro 1 , but we have to stat't
somewhere, As problems ar'ise, the Counci 1 looks at the policies and
Page 2415
November 4, 1993
change them if needed. Hazen made a motion authorizing the City
Attorney to draft a proposed amendment to the noise ordinance, for
Council review, which would require that both the property owner and
- tenants be notified of the violation. The motion was seconded by Loso
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
The Council requested that a directive be sent to the Police Chief
requesting that for all future noise violations, both the property
owner and tenants are notified.
Gary Terwey addressed the Council with concerns about the policy. He
wot~ks long hours out of town, and is unable to sign for certified mail.
Had he known about the hearing he would have attended. Additionally,
he had talked to one of the neighbors, just ten feet way, and they
could not hear any noise. Mayor Reber acknowledged that the Council
did receive a letter from the neighbor stating that she could not hear
the noise.
.
Counc i lor Rieke informed Mr. Terwey that there is an appeals process
and tonight is not a hearing. Mr. Rieke appreciates what Mr. Terwey
has to say and stated the Council needs to look at the Ordinance again.
In the mean time, Mr. Terwey should contact the City Offices to discuss
- the appeals process.
- CITY ENGINEER REPORTS
Water Storage Facility: City Engineer, Joe Bettendorf, presented
application for payment #9 for the water storage facility. Bettendorf
stated that he is working on a final punch list. Hazen made a motion
to approve application for payment #9 in the amount of $27,241.25 for
the water storage facility, as presented. The motion was seconded by
Loso.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
West MN Street: Mr. Bettendorf presented application for payment #3 for
the 1993 West Minnesota Street Improvement. Based on the
recommendation of the City Engineer, Loso made a motion to approve
application for payment #3, in the amount of $51,012.46 for the 1993
West Minnesota street Improvement as presented. Seconded by Rieke.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Hookup Fees: Bettendorf discussed the current hookup fees for water and
sewer. The formula needs to be revised to make provisions for hotels
and lodging houses. In addition, a provision needs to be included when
land uses changes requiring additional services. This issue came to
light when Linnemann's Store was converted into a lodging house.
Bettendorf stated that the revised proposal would charge a hookup fee
based on the number of occupants. The following is the revised
propos a 1 :
Page 2416
Nov embe'~ ,1 1993
..,.,
-
Single F am i 1 y Residence One Unit
Multiple F am i 1 y Residence
1 . The first four' occupants One Unit
2. The next 15 occupants One unit per five occupants Of'
fraction theì'eof.
') All occupants thet~eaftet' One unit pet' six occupants or
'-' .
fraction thereof.
Includes apartments, group homes, boar--ding houses, ì'etirement
complexes, dorm i tOt' i es , et.e, The numbet~ of units 1 s based upon the
number of potential occupants based upon a cer't i f i cate of occupancy
issued by the City,
Commercial/Industrial one unit fot' every 500 gallons
per' day or fraction thereof,
An additional connection fee \'I i 11 be levied ',t: the average annual flow
1 I
increases more than 20 percent (but at least 500 ga 11 ons per day) ovet'
the initial flow. Additional flows in succeeding years are subject to
additional connection fees. The fee amount wi 11 equal the established
connection amount (less inspection chat~ges ) in effect on Januat'y í of
the year that the additional flow genef'ated, and sha 11 be applied -
1S -, n
accordance with the fOì'mu 1 a in effect on January 1 of the year that the
additional flow is generated. .f... credit to the levied connection ,-
Tee
\'I ill be given for flows which do not go to the sanitary s eweì' " J:: said
¡I
flows are metered sepat'ate 1 y, Any pt~opet~ty undergoing a change 1 n use
which may result in an i nCt~ease in water usage may be subject to a
t'ecomputation of the connection fee ln accoj'dance v/ i th these for'ìììu 1 as,
Councilor Loso felt that '.... 1 S important fOI' the City to remember .L.' .
1 l- l-na'C.
the bond issue for' the watet~ s t 0 t~ age facility was supported through the
hookup fees. He feels the City should not get into a situation whet'e
fees at~e t~educed ,
i'1ark Lambert questioned the Council as to the amount of hookup fees,
and felt that they were high, When building an apartment complex, the
fees become extì~eme 1 y high, and are hard to sell to f i nancer's, He
uì'ged the Counci 1 to cons i deì~ designation of an area fot'multiple
f am i 1 y units that would have 1 OVlet~ hookup fees,
Co u n c i lot, Rieke stated that he " I 'I feel the hookup fees were out of
010n 'C.
1 i ne, If a deve 1 opet~ had to put 1 n a septic system for an apat~tment
complex, 'J.. would cost mot~e than the City hookup .'
1 I.., Yees,
Bettendoì~f stated that the hookup fees fot~ DBL Labs would have to be
t' e c 8, 1 c u 1 ate d to detet~mi ne the i j' hookup fee,
Hiemenz made ....' to appr'ove the ¡' e vis e d formula fot, calculat.ion - £'
a mo I.., ì 0 n U¡
sewer and water hookup fees as pr'esented; seconded by Hazen.
Ayes: Reber, Rieke, Hazen, Hiemenz,
Nayes: Loso. Î'1ot i on CarT i ed 4: 1 : 0
Page 2417
November 4, 1993
I DBL Lab Assessment Hearing: Mayor Reber re-convened the assessment
hearing of October 14, 1993 for the DBL Lab utility Improvement, at
9: 10 p.m. Mayor Reber turned the meeting over to City Engineer, Joe
Bettendorf.
Bettendorf stated that the original assessment role did not include the
Trunk Sewer/Lift Station portion of the assessment in some of the
assessment totals. The column headed "Area Acres", which showed the
acreage for each lot to be assessed, should have been multiplied by the
unit cost of $700 per acre for all properties. This calculation did
not carry all the way thr'ough the assessment role,
Loso made a motion to approve the assessment role as revised; seconded
by Hiemenz.
Discussion: Bob Goh 1 , owner of G & M Welding questioned the
formula used for determining the footage to be assessed. t1r. Goh1
stated that he is the furthest way and was charged the most. Mr.
Bettendorf stated this was due to the fact his access to the sewer main
1 i es closet to the edge of the property that functions as a roadway
entrance to his driveway. The service line to this property would be
considerably longer than others in the area. Because of these
I circumstances Bettendorf will review this matter with the City
Attorney.
Sylvester Prom questioned the assessment and when the
process
assessment had to be paid. Jerry Rennie also questioned the same.
Hiemenz made a motion to amend the motion to approve the assessment
role contingent upon the approval and review of the City Attorney.
Loso seconded the motion.
Vote ca 11 on the amendment:
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
Vote ca 11 on the motion as amended:
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz.
Nayes: None. Motion Carried 5:0:0
The hearing was closed at 9:30 p.m.
Request to purchase Old 52 right of way: Diane Schneider has requested
to purchase the property on the corner of Second Avenue NW and
Minnesota Street West. The property was originally part of the Old
Highway 52 Right-Of-Way. Bettendorf stated that the City needs to
I check if the property was deeded Right-Of-Way and if any uti 1 ities
exist underground.
Mayor Reber stated that he feels that the property should not just be
given to the Schnieder's, but they should pay a fee for the property.
Rieke stated that he has no problem vacating the property, but feels
Page 2418
November 4, 1993
that all the costs incurred should be bot'ne by t.he Schne i det' , s. I
HOVieVet' , befor'e any further costs are incLjrred, a 1 ettel' should I sent
De
to the Schneider's, inquiring '£ they are still willing to purchase the
1 I
proper~t y if they have to pay the associated costs.
Loso made a motion to dispose of the property upon legal counsel and if
the Schneider t s are willing to pay the associated costs. The motion
was seconded by Hazen.
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz,
Nayes: None. Mot i on Cal~ I' i ed 5:0:0
t1ark Lambert: Mark Lambert appeared before the Council to discuss the
hookup fees and how they relate to his proposed apartment complex.
However, since the Council discussed this matter ear 1 i er , t'1r , Lambert
stated that he wishes to reserve his comments at this time. A 1 so he
informed the Counc i 1 that a petition 1 S circulating with regards to his
proposed complex, and when they I'eceive it they should look at the
source of the petition and the reason.
Counci lor Hiemenz questioned Mr. Lambert on the property he cut'rent 1 y
owns on Col lege Avenue North. t1r, Lamber~t stated that he 1S hoping to
have it tOì~e down by January 1994. Howevel' , he questioned the Council
as to whether or not they would al low him demolition credits for'
tearing the house down. The st. Joseph Code of Ordinances a 11 ow for
demol ition credits in Multiple F am i 1 y Zoning, Since ì1r, Lambert's I
property i s located in the General Business Zone, the Counc i 1 will
check with the City Attot~ney to see i f demolition credits ar'e
applicable,
Hazen questioned the status of the no parking near the mobil station.
Mayor Reber stated that the item was not on the agenda and could not be
discussed at this time, This matter should be placed under old
business on the next. counc i 1 agenda. The Counci 1 may only addt'ess
items that are posted on the agenda.
Loso made a motion to adjourn at 9:45 p.m, ; seconded by Rieke,
Ayes: Reber, Rieke, Loso, Hazen, Hiemenz,
Na,yes: None. Motion Carried 5:0:0
~7we~4¿;t/
Deputy C 1 e!~k
I