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PC-08-06-13 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 6, 2013 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Geng; Commissioners Charbonnet, Davis, Labadie, Maddy and Muehlberg; Planning Director Nielsen; and Council Liaison Woodruff Absent: Commissioner Garelick APPROVAL OF AGENDA Davis moved, Maddy seconded, approving the agenda for August 6, 2013, as presented. Motion passed 6/0. APPROVAL OF MINUTES  July 2, 2013 Maddy moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of July 2, 2013, as presented. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR AUTOMOBILE DETAIL SERVICE Applicant: Lucky’s Gas Station Location: 24365 Smithtown Road Chair Geng opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing. He noted that the Planning Commission is an advisory body only. He stated this evening the Commission is going to consider a request for a conditional use permit (C.U.P.) for an automobile detail service for Lucky’s Gas Station, 24365 Smithtown Road. He noted this item will go before the City Council on August 26, 2013. Director Nielsen explained Scott Stevens has purchased the property at 24365 Smithtown Road, formerly the Oasis Market/Marathon Gas building. He has re-opened the gas station and convenience store as Lucky’s Station. The property was originally redeveloped in 1988, pursuant to a number of conditional use permits: gas station and auto repair service; car wash; convenience food operation (a Dairy Queen that was never built); and, multiple signage. Mr. Stevens would like to make a number of revisions relative to the use of the property and has applied for the appropriate conditional use permits to do so. He intends to convert the car wash facility into an auto detailing operation. He has also asked for approval to have limited outside display and sales of day- CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 2 of 10 to-day items, such as propane, window washer fluid, water softener salt, etc. Finally, he requests permission to have seasonal sales of items such as Christmas trees in the winter and plants/flowers in the spring and possibly some sort of vegetable stand during the summer/fall. No changes are proposed for the building itself. The auto detailing operation will simply take the place of the car wash. The property is zoned C-1, General Commercial and contains 61,645 square feet of area (1.42 acres). Although the convenience store, car wash and gas station have been vacant for quite some time, the auto repair business in the lower level of the building has remained in operation. With regard to the analysis of the case, Nielsen reviewed a breakdown of the various elements (existing and proposed) of the subject property and the zoning actions required for each. C.U.P - Gas Station and Auto Service –No changes are proposed for either of these two uses. In reviewing the previous conditional use permit, the auto service operation was to have no outdoor storage and vehicles waiting for parts could not be kept on the site for more than 48 hours. While this has generally been complied with, the owners of the business frequently display a large enclosed trailer with their name on it, essentially using it as an advertising device. As part of this application, a condition should be established stating that the trailer is not to be kept outside overnight and during the day it should be stored on the back of the property. The applicant has asked permission to “clean up” landscaping in front of the site. Staff has no objection to revising the landscaping in front of the subject property. Staff does recommend a landscape plan be prepared by a registered landscape architect. This plan should be consistent with the recommendations of the County Road 19 Corridor Study. C.U.P. – Auto Detailing Business –Auto detailing is considered to be a less intense use than the car wash. Cars waiting for service should not be parked outside for more than 48 hours. As with the other uses on the site, this business would be allowed one wall sign, the size of which must comply with the current multiple sign C.U.P. (it allows one sign per business). C.U.P. - Outdoor Display – The original approval did not provide for outdoor display or sales. The nonconforming billboard has been removed; he commended Mr. Stevens for doing that. Staff believes that opens the door for doing other things on the property. There is adequate parking and circulation on the site to accommodate a limited amount of outdoor sales/display. The site where the Dairy Queen was going to be built allows for something to be handled on that pad and there will be sufficient parking for that because it was planned for when the Dairy Queen was anticipated. The request complies with the City Zoning Code Section 1201.22 Subd. 4.g in the following ways. 1. The area of outdoor sales/display is limited to an area no larger than the area of the principal use. Staff suggests that day-to-day items be limited to the front sidewalk area of the convenience store, or some portion of it. Seasonal sales would be limited to the concrete pad area on the site. It would not take up any parking. Except for ice machines and propane tank exchange racks, items displayed here should be stacked no higher than the bottom of the windows. In no case should these items be stacked in front of the property or on pump islands. Signage for these items should not be readable from the street; it should be readable for people on the site. It’s anticipated that there will be some type of shelter that goes along with things such as a plant stand or Christmas tree lot. There will likely be a sign for the activities as they are taking place. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 3 of 10 But, signage must comply with the municipal signage C.U.P. Signage must fall within the allowable sign area (10 percent of the building silhouette as viewed from the street). 2. Outside sales areas are fenced or screened from view of residential properties. The landscaping originally installed on the rear of the site has grown to be an effective screen as viewed from the south. As stated earlier, the applicant should submit a landscape plan for the front of the building, including the right-of-way area. 3. Lighting is to be hooded and directed so that the source of the light is not visible from the public right-of-way (ROW) or neighboring residences. At this time there is no proposal to change the lighting. It is reasonable to expect that a Christmas tree lot may want some additional lighting during winter months. Staff recommends that lighting should be kept low and should be turned off by 10:00 P.M. at night. 4. Sales area is grassed or surfaced to control dust. The area in front of the store is concrete. The recommended sales area is a concrete pad. 5. The use does not take up parking as required by the City Code. It is important that the C.U.P. stipulate that the sales activities must not be located on the bituminous portion of the site. Using the concrete pad area makes enforcement of the C.U.P. more effective. Nielsen noted that staff recommends approval of the request for an auto detailing operation. He also noted Mr. Stevens is present this evening. Seeing no one present to comment on the case Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:18 P.M. Commissioner Davis stated she thought this is a welcome change. Commissioner Muehlberg asked if the normal hours of operation are specified in the City Code. Director Nielsen stated they are not and noted the Code allows for 24-hour businesses. But, that is a separate C.U.P. Chair Geng also commended Mr. Stevens for removing the nonconforming billboard. Commissioner Maddy asked if the applicant can clean up the landscaping in the front before having a landscape plan prepared. Director Nielsen responded absolutely if things are dead or dying. Nielsen noted the landscaping is in the City ROW. Mr. Stevens stated it’s his understanding that is the City’s area and the City is responsible for it. He then stated he just wants to remove the four green shrubs that are totally out of control and clean the area up. He noted the trees create too good of a barrier from the street and that is a safety issue. Commissioner Davis agrees with Mr. Stevens that all the area needs is a little bit of housekeeping. She stated she thought the shrubs were a poor selection for the site and they are out of control. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 4 of 10 Davis moved, Maddy seconded, recommending approval of a conditional use permit for an automobile detailing service for Lucky’s Station, 24365 Smithtown Road, with the understanding that the landscaping in the front just needs to be cleaned up. Motion passed 6/0. Chair Geng closed the Public Hearing at 7:24 P.M. 2. 7:10 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY SPACE OVER 1200 SQUARE FEET Applicant: Ben Duininck Location: 22490 Murray Street Chair Geng opened the Public Hearing at 7:24 P.M. He noted the same procedures as described above will be followed. He stated Ben Duininck, 22490 Murray Street, is requesting a conditional use permit (C.U.P.) for accessory space in excess of 1200 square feet. Director Nielsen explained Mr. Ben Duininck owns the property at 22490 Murray Street. He proposes to replace his existing attached garage with a larger attached garage, the area of which, when combined with an existing detached accessory building on the property, exceeds 1200 square feet. Therefore, he has applied for a C.U.P. pursuant to Shorewood’s zoning regulations. The property is zoned R-1C/S, Single Family Residential/Shoreland and contains 76,012 square feet of area (1.74 acres). He highlighted the location of the structures on a site location map. The existing house contains 2114 square feet of floor area in the two levels above grade. Mr. Duininck proposes to add living space over the new garage, which will bring the floor area of the home to 3535 square feet. The existing garage contains 561 square feet of floor area. The proposed garage will contain 984 square feet. The existing study building contains 487 square feet. They bring the total area of accessory space on the site to 1471 square feet. He noted the meeting packet contains plans for the building addition. Regarding the analysis of the case, Nielsen reviewed how the applicants’ proposal complies with the criteria in Section 1201.03 Subd.2.d of the City Code. 1. The total area of accessory space (1471 square feet) does not exceed the total floor area above grade of the principal structure (3535 square feet). 2. The total area of accessory space does not exceed ten percent of the minimum lot area for the R- 1C/S zoning district (.10 x. 20,000 square feet = 2000 square feet). 3. The proposed garage complies with the setback requirements of the R-1C/S zoning district. Hardcover on the property will go from approximately 10.8 to 11.4 percent, well in compliance with the 25 percent maximum. The existing studio building is nonconforming with respect to building height. The Zoning Code limits the height of detached accessory buildings to 15 feet. The current east side of the building is closer to 17 feet tall. The applicant’s builder proposes to remedy that by removing an existing garage door on the east side and filling in the low area to achieve the required 15 feet. If the applicant can prove that it was built before a certain date (Nielsen thinks 1956) then the nonconformity would be grandfathered in. The applicant has obtained copies of photographs from CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 5 of 10 the Wilson Library. The email photos were too grainy to make things out so he will meet with the builder to look at the photos to verify the building was in existence prior to the stipulated date. 4. The new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. Nielsen stated based on the analysis of the case staff recommends the C.U.P. be granted as proposed. Nielsen noted Mr. Duininck and his builder are present this evening. Mr. Duininck noted he does have photos from the Wilson Library. The photos confirm that the studio building was in existence before August 2, 1956. One photo showing the building is dated May 7, 1956. He routed the photos around for the Planning Commissioners to look at. Seeing no one present wanting to comment on this case Chair Geng opened and closed the Public Testimony of the Public Hearing at 7:31 P.M. Council Liaison Woodruff asked how someone accesses the street from the lot. Director Nielsen explained the easement goes across the lot in front of the subject property. Commissioner Maddy asked how ground level is determined on a sloped property. Director Nielsen explained it is from grade to the mid-point between the eve and the peak. Maddy asked if the highest grade touching the structure is used. Nielsen explained that technically you go five feet out from the structure. Davis moved, Charbonnet seconded, recommending approval of a conditional use permit for accessory space in excess of 1200 square feet for the property located at 22490 Murray Street. Motion passed 6/0. Chair Geng noted that Council will consider the Planning Commission’s recommendation about this during its August 26, 2013, meeting. Chair Geng closed the Public Hearing at 7:35 P.M. 3. MINOR SUBDIVISION Applicant: Tommy Wartman, Jr. Location: 5985 Eureka Road Director Nielsen explained Tommy and Robyn Wartman own the property at 5985 Eureka Road. They are proposing to subdivide the property into two single-family residential lots. The property is located in the R-1A, Single-Family Residential zoning district and contains 102,842 square feet of area (2.36 acres). The subject property is currently occupied by a single-family dwelling. A small wetland area is located at the rear of the two lots with a man-made ditch conducting drainage through the property to a culvert located in Eureka Road. Eureka Road is substandard in terms of right-of-way (ROW) width. The City requires streets to be 50 feet in width. As part of the minor subdivision the applicants have agreed to dedicate 8.5 feet of additional ROW to the City. With the exception of fairly significant landscaping around the existing home, the lot is relatively open. There are a lot of scattered trees throughout the property. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 6 of 10 The northerly lot with the house on it will be 48,654 square feet in area. The southerly lot will be 54,188 square feet. With regard to the analysis of the case, Nielsen explained the subject property was once platted as Lots 2 and 3 of Prairie View Estates. The applicant proposes to re-subdivide them as originally platted. Both lots exceed the minimum requirements for width (120 feet), area (40,000 square feet), and depth (150 feet) for the R-1A zoning district. The applicants have shown 10-foot-wide drainage and utility easements around both of the parcels; that is required by the City Ordinance. Sanitary sewer service is available for the newly created lot. City water is also available in Eureka Road. Based on the analysis of the case, Nielsen stated staff recommends approval of the minor subdivision subject to the following. 1. The applicants’ survey must show the 35-foot buffer area around the wetland. It should also show the 16-foot buffer along the drainage ditch which is required by the Minnehaha Creek Watershed District. The survey should show where wetland buffer stakes will be located. These buffer stakes must be obtained from the City’s survey marker vendor. 2. The applicants’ surveyor must provide legal descriptions for the wetland and the buffer areas. From these descriptions, the applicants must dedicate conservation easements to the City. 3. The applicants’ attorney must prepare deeds for the wetland/buffer conservation easements, the drainage and utility easements, and the additional road ROW. 4. The applicants’ attorney must provide a title opinion for review by the City Attorney. 5. Items 1 – 4 must be submitted no later than August 30, 2013, after which the request will be scheduled for City Council review. 6. Prior to release of a resolution approving the subdivision, the applicants must pay a park dedication fee of $5000 and a local sanitary sewer access charge of $1200 for the new lot. Credit is given for the lot with the house on it. If the applicants choose to connect to City water, the fees are $10,000 per lot, minus any previous assessments. 7. After the applicants receive the Council resolution approving the request, they must record it with Hennepin County within 30 days or the approval is void. Davis moved, Maddy seconded, recommending approval of a minor subdivision for Tommy and Robyn Wartman, 5985 Eureka Road, subject to the conditions listed in the staff report. Motion passed 6/0. 4. SITE PLAN REVIEW Applicant: Robert Shaffer (Smith Residence) Location: 448 Lafayette Avenue Director Nielsen explained that Robert Shaffer has submitted plans on behalf of Dale and Sylvia Smith for expanding their nonconforming home on their property located at 448 Lafayette Avenue. In 2012 Mr. Shaffer submitted plans which were approved for the expansion of a nonconforming house across the street without requiring variances. The Smith property is zoned R-1A/S, Single-Family CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 7 of 10 Residential/Shoreland and contains only 7576 square feet of area, not including the bituminous driveway that cuts through the site. The Smith structure is nonconforming with respect to side yard setbacks. Lafayette Avenue is essentially a private driveway that serves four lots on a small peninsula of land extending into Lake Minnetonka. It cuts through the Smith property. The applicant proposes to add on to the south side of the building then add a second story to the home all within the required building setbacks. Currently the property is at 38 percent hardcover; well over the 25 percent hardcover limitation required in the Shoreland overlay district. The applicant intends to remove an existing gravel driveway and some of the existing brick sidewalk which will result in a reduction in hardcover to 34.2 percent. With regard to the analysis of the case, Nielsen explained Shorewood amended its regulations two years ago to comply with State legislation regarding nonconformities. Sections 1201.03 Subd. 1.d. and Subd. 1.i. of the Shorewood Zoning Code provide the guidelines for addressing nonconformities. He stated the staff report included in the meeting packet explains how the applicant’s request complies with the Code. Based on the analysis of this case, staff recommends approval of site plan. He commended the architect and the property owners for their efforts to comply with Shorewood’s zoning requirements. Mr. Shaffer noted that the expansion on the Smith property is actually a little more challenging than the one on the 450 Lafayette Avenue property because the foundation across the existing house needs to be shored up in a different way. There will be some fairly large roof trusses used. He noted there was a concerted effort made to keep the massing balanced between the two adjacent houses in order to fit into the neighborhood as much as possible. He routed color copies of the architect’s renderings to the Planning Commissioners. He stated a front entry will be added. Commissioner Maddy stated the renderings show plantings on the roof. He asked if it is going to be a green roof. Mr. Shaffer stated the owners have not made that decision, but it is what he is proposing. Commissioner Maddy asked Director Nielsen if the City gives credit toward impervious surface for green roofs. Nielsen responded no and explained the Minnesota Department of Natural Resources (DNR) does not either. Nielsen noted the same applies to permeable pavers. It is part of the DNR’s shoreland regulations. The City does encourage the use of permeable pavers. Maddy asked if that is for the shoreland district only or is it city wide. Nielsen stated it is city wide and explained the maximum impervious surface in the shoreland district is 25 percent and in other residential districts it is 33 percent. Council Liaison Woodruff stated the site plan shows two docks (one on the north and one on the south) yet the City Ordinance stipulates one dock. Therefore, that is a nonconforming use. The dock on the south appears to be larger than the size restrictions of the Lake Minnetonka Conservation District (LMCD) which the City shares. Director Nielsen stated the dock on the south would be grandfathered in; it never comes out. But, the number of docks is an issue. One has to be taken out to comply with the Ordinance. It makes no difference if the property has two shorelines. Chair Geng stated the vegetation shown on the architectural rendering is on the corner of the building that extends out over the 10-foot side yard setback; the vegetation is just an idea at this time. He asked if that vegetation or a deck outside that window would be permitted. Director Nielsen explained a deck could not be added because it would have to add a rail and that would make it taller; they could put plants up there. Mr. Shaffer explained they are proposing to take the sloped roof off and put a flat roof on which brings the volume down. That allows the planted area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 8 of 10 Commissioner Labadie asked if the second dock can be grandfathered in. Director Nielsen stated the same issue came up with a property over on Island View Road. That property had to be brought into conformity. Council Liaison Woodruff stated he thought that if the existence of the second dock precedes the ordinance it would be grandfathered in like any other nonconforming use. Director Nielsen stated if the applicants can demonstrate that two docks were in existence before August 1956, when the nonconforming section of the Ordinance was established, they do not have to correct the nonconformity. Commissioner Davis noted that the properties on the peninsula have more than one dock. She stated it appears that the boats are docked at the dock in the lagoon. The builder commented that both docks are permanent docks. A member of the audience asked if a dock with multiple slips is acceptable. Director Nielsen stated a person can have up to four subject to certain provisions in the Code. Council Liaison Woodruff stated a permit from the LMCD could potentially allow more because the City has adopted the LMCD’s regulations. Geng moved, Labadie seconded, recommending approval of the site plan for the expansion of the nonconforming structure on the Dale and Silvia Smith property located at 448 Lafayette Avenue as presented subject to the removal of one of the two docks or the ability to prove that two docks were in existence prior to August 1956. Motion passed 6/0. 5. Noise Ordinance Director Nielsen stated he does not have a lot on the noise ordinance for this evening. He noted he has cleanup to do on the draft ordinance. He stated the Planning Commission had requested he research what other communities around Lake Minnetonka have for hours of operation for snowmobiles and all-terrain vehicles (ATVs). He distributed a copy of a matrix of what the other cities do. He commented that he received an email from Commissioner Maddy asking why the City doesn’t ban the use of ATVs and suggesting incorporating some language found in the City of Wayzata’s ordinance. He explained from the early onset of the discussion about a noise ordinance, which began a year ago, the Commission made it very clear that it was not out to ban the use of snowmobiles or ATVs. The intent was to regulate the hours of use for the average individual. The noise ordinance will not help control those people who intentionally want to irritate people (e.g., the situation near Hillendale Road). Commissioner Davis stated the police are never going to catch people because they don’t come when you call them. Director Nielsen clarified that for the situation near Hillendale Road the police have come to try and address the situation. Director Nielsen stated the current Ordinance prohibits snowmobiles from 7:00 A.M. and 11:00 P.M. on Fridays and Saturdays and from 7:00 A.M. and 10:00 P.M. Thursday – Sunday. That fits in with most of the city ordinances around the Lake. The City of Mound’s hours of operation are more relaxed [snowmobiling is prohibited from 2:00 – 6:00 A.M.]. Commissioner Davis noted that the City of Spring Park’s hours are more relaxed on weekends and holidays [snowmobiling is prohibited from 1:30 – 7:00 A.M. on those days]. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 9 of 10 Chair Geng stated it may be easier to enforce the City’s hours of operation if they mirror the surrounding communities. They almost do for the Cities of Deephaven, Excelsior and Tonka Bay which border the City. Director Nielsen agreed enforcement would be easier if the hours of operation were similar in the South Lake cities. Council Liaison Woodruff stated he supports the hours being consistent with other South Lake cities. Director Nielsen noted the age restrictions for driving snowmobiles and ATVs apply to public property only. He stated the City of Chanhassen has language about loud, unusual noise in its ordinance. Staff is going to find out who enforces that. Chair Geng noted that the City of Victoria has language about loud noise as well. Commissioner Labadie asked what the next step in this process is. Director Nielsen stated he will have a cleaned up ordinance for the next Planning Commission regular meeting. Commissioner Davis stated she thinks creating something that is in line with the other South Lake cities with specifics about noise provisions prohibited activities is the right approach. Director Nielsen stated if the hours of operation for snowmobiling were changed in the City Ordinance to 7:00 A.M. to 11:00 P.M. any day they would be consistent with Deephaven, Excelsior and Tonka Bay. He recommended the hours would be the same for ATVs. Commissioner Maddy noted he continues to have reservations. Commissioner Maddy asked if the proposed hours of restriction would exclude people driving their snowmobiles out to ice fish. Director Nielsen asked if the Planning Commissioners want an exception for that. Commissioner Muehlberg stated he lives two blocks from Crescent Beach and there are vehicles there frequently around 5:30 – 6:00 A.M. Fisherpeople want to be on the ice before it gets light out. Council Liaison Woodruff suggested adopting language similar to what the Lake Minnetonka Conservation District (LMCD) has in its regulations that allows a person to proceed from a public launch or private property directly to the Lake and operate the vehicle on the Lake more than 150 feet from shore without hour restrictions. He stated he thought that if the City adopts something more restrictive it will be ignored. Commissioner Muehlberg stated that would be very applicable to snowmobiles. Director Nielsen stated he is open to including the LMCD language. He will write that in as an alternative. Commissioner Maddy asked if it would be appropriate to include language that prohibits extended use of ATVs on private property. Director Nielsen stated he does not think that a person who is using a four wheeler for something such as hauling fire wood on their lot should be restricted from doing that. Commissioner Maddy stated that is why he liked the previous draft which was more relaxed on the use of lawn and maintenance equipment. There was discussion about the situation near Hillendale Road. Chair Geng stated he supports conformity with the South Lake cities and including language similar to the LMCD’s as discussed earlier. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2013 Page 10 of 10 6. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 7. OLD BUSINESS / NEW BUSINESS Director Nielsen stated the City Council authorized feasibility studies be done for the Mill Street trail segment and the Galpin Lake Road trail segment. As part of that process the Planning Commission needs to walk the two areas. He noted the next regular Commission meeting is scheduled for September 17; the policy for the last few years has been not to have a meeting on the day after a Monday holiday. He asked if the Commission would be willing to have a special meeting on September 10 that would start at 5:30 P.M. to walk the areas. The goal is to get the feasibility studies and the Commission’s recommendation to Council for its September 23 meeting. There was discussion about how rapidly the Smithtown Road sidewalk project has progressed. Commissioner Maddy asked if it was just happenstance that storm sewer improvements were made at the same time. Director Nielsen stated they had to be made part of the project because ditches were being filled in. 8. DRAFT NEXT MEETING AGENDA The Planning Commission will have a special meeting on September 10, 2013, at 5:30 P.M. to walk the Mill Street trail segment and the Galpin Lake Road trail segment areas. Director Nielsen stated that there are no applications slated for the September 17, 2013, Planning Commission meeting. The Commission will be asked to make a recommendation on the revised noise ordinance. There will be discussion about life-cycle housing. 9. REPORTS • Liaison to Council Council Liaison Woodruff reported on the July 22, 2013, Council meeting (as detailed in the minutes of that meeting). • SLUC None. • Other None. 10. ADJOURNMENT Davis moved, Maddy seconded, Adjourning the Planning Commission Meeting of August 6, 2013, at 8:36 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder