HomeMy WebLinkAboutPlanning Commission Minutes 02-07-2007Approved Minutes
City of Plymouth
Planning Commission Meeting
February 7, 2007
MEMBERS PRESENT: Commissioners Karl Neset, Frank Weir, Erik Aamoth, John
Cooney, Frances Jaffoni, and James Davis
MEMBERS ABSENT: Chair James Holmes
STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill,
Senior Planner Marie Darling, Associate Planner Jared Noelting, City Engineer Bob
Moberg and Office Support Representative Janice Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. OATH OF OFFICE
Planning Manager Senness administered the Oath of Office to Jim Davis, Frances Jaffoni,
Erik Aamoth and John Cooney.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC FORUM
5. APPROVAL OF AGENDA
Commissioner Neset requested that Item 8C. be discussed after the agenda approval.
MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the
amended February 7, 2007 Planning Commission Agenda. Vote. 6 Ayes. MOTION
approved.
8.C. ELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR
FOR 2007
MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve Jim
Holmes as Chair and Karl Neset as Vice Chair of the Planning Commission for 2007.
Vote. 6 Ayes. MOTION approved.
6. CONSENT AGENDA
A. APPROVAL OF THE JANUARY 17, 2007 PLANNING COMMISSION
MINUTES
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MOTION by Commissioner Weir, seconded by Commissioner Aamoth, to approve the
January 17, 2007 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved.
7. PUBLIC HEARINGS
A. FINN DANIELS ARCHITECTS (2006111)
Vice Chair Neset introduced the request by Finn Daniels Architects for a preliminary plat
and PUD Amendment for property located north of Highway 55, east of South Shore Drive
and west of Revere Lane.
Senior Planner Drill gave an overview of the January 30, 2007 staff report. Senior Planner
Drill noted that 5 letters had been received and added to the public record.
Commissioner Jaffoni asked how the DNR classifies the wetlands (i.e. Type I, Type II,
etc.). She noted that more acreage of wetlands is being constructed than what would be
removed for the proposed construction.
Senior Planner Drill said he did not know the DNR rating assigned to the wetlands, but
noted how the City rates the wetlands. City Engineer Moberg stated that the Wetland
Conservation Act requires that for any wetland impact resulting from development such as
this, the replacement ratio is 2:1.
Vice Chair Neset asked how proper handling and removal of the asbestos material would
occur.
Senior Planner Drill said the developer will need to work with the MPCA to obtain
permits. He said that workers would need to wear the proper safety equipment and may
need to screen materials on site to treat the asbestos properly, before hauling off of the site.
Vice Chair Neset said he is concerned about the light impact from the parking lot on the
north side and asked how the City lighting ordinance would protect nearby residents.
Senior Planner Drill said the lighting ordinance regulates the height of light poles. He
added that lights must be fully shielded, and that additional shielding is required on the
sides facing residential areas.
Vice Chair Neset asked how far light from the parking lot can drift off the site.
Senior Planner Drill said light is allowed to go to the center line of the street, and none
would affect the residential area on the north side of the proposed development. Planning
Manager Senness added that all of the requirements in the City's new lighting regulations
pole height, shielding, maximum wattage, etc.) are intended to ensure that site lighting
does not negatively impact adjoining properties.
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Vice Chair Neset expressed concern about headlights from the parking lots sweeping the
windows of the residences on the north. He questioned the composition of the screening
and if it would be elevated to mitigate the light impact.
Senior Planner Drill said there is a good mix of evergreen and deciduous plantings, and the
applicant could propose to plant some trees and dense shrubbery off site on the north side
of the street to buffer the residential portion of the PUD.
Commissioner Davis asked about the location of the asbestos on the site.
Senior Planner Drill said a number of soil borings have been done at the site and pointed
out the approximate location through the mid-section of the site. He noted that any
disturbed asbestos would need to be removed from the parcel.
Vice Chair Neset introduced the applicant, Scott Weistling, 2145 Ford Parkway #201, St.
Paul. Mr. Weistling said there are two cross sections of asbestos with various depths on
the site, mainly where the street traverses through the site. Mr. Weistling offered to plant
trees on the north side of the street in lieu of putting money into the City's Community
Planting Fund. Mr. Weistling said economic reasons to make the project cost effective
resulted in the proposed square footage of 165,500. Mr. Weistling cited additional costs of
removing hazardous material, building on peat, road construction impact on the wetland,
and dedicating a portion of land. Mr. Weistling said the PUD concept plan showed a
30,000 square foot footprint but no indication of height. It also showed 121 townhomes on
the northern portion of the site which would not be viable as 70 units would be the
maximum for LA -3 guiding. Mr. Weistling said the 55 West Financial Center located east
of the proposed site is 275 feet from the nearest townhome, whereas the proposed office
building would be 400 feet from the nearest townhome.
Commissioner Davis asked who would be responsible for building the 6th Avenue
extension.
City Engineer Moberg said public improvements typically are done by the developer. He
said the City enters into a Development Contract with the applicant to have the public
improvements installed, and financial security is posted to ensure the facility is constructed
per the approved plans.
Vice Chair Neset asked if the primary reason for the 5 -story building is economical and if
this office building would be marketed for one tenant.
Mr. Weistling said that is the marketing emphasis and added that the required traffic
demand management program would be more manageable with one tenant.
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Vice Chair Neset asked how many employees and/or jobs might potentially be in a building
this size.
Mr. Weistling responded that based on 600 parking spaces and the option of mass transit,
he estimated a potential maximum of 600-800 employees.
Vice Chair Neset asked if the windows on the rear fagade would have materials to mitigate
glare, such as from the sun hitting them.
Mr. Weistling said the glass proposed has typical clear glazing with reflective qualities.
Commissioner Aamoth referenced the Transportation Demand Management (TDM)
program and asked what type of strategy is envisioned for this project.
Mr. Weistling said it is premature to discuss the TDM at this point as they do not have a
tenant to determine their needs.
Vice Chair Neset opened the public hearing.
Vice Chair Neset introduced Karrie Petersen, 953 Trenton Lane North. Ms. Petersen said
she recommends the office building be limited to 3 -stories as originally proposed. She said
homes in the neighborhood were bought and sold in the last ten years based on the original
approval. Ms. Petersen displayed conceptual drawings of a 3 -story and 5 -story building
and said the 5 -story building would be 114% taller and 83% bigger with an 84% increase
in parking spaces. Ms. Petersen said the traffic study indicated Highway 55 would need to
be a 6 -lane facility to achieve an acceptable peak hour traffic situation. She said the
current proposal would result in 200% worse traffic than current. Ms. Petersen said the
proposal has three times as many light poles which are 13 feet higher and would impact the
neighborhood 24 hours a day, 7 days a week. She said there is no buffer or trees between
the commercial and residential areas. Ms. Petersen said this proposal is not a good fit with
the neighborhood and would have a negative impact on the townhomes.
Vice Chair Neset introduced Anurag Drolia, 957 Trenton Lane N. Mr. Drolia said he
believes the City wants to maintain quality of life which can be acquired by keeping
balance between the commercial and neighborhood interests. He urged the Planning
Commission to limit the office building to 3 stories and surface parking as proposed in
1997. Mr. Drolia displayed 46 signatures from residents in the Village of Bassett Creek
and 25 from the senior housing facility recommending a 3 -story office building. Mr.
Drolia said they will continue to get signatures and asked the Commission how they would
feel if they lived in this community.
Vice Chair Neset introduced Jim Small, 1172 Trenton Circle. Mr. Small said when he
purchased his townhome 11 years earlier he was concerned about what would go in this
site. Mr. Small said the proposal is a lot bigger than the original plan. He said the
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Plymouth newsletter said the intersection of South Shore Drive at Highway 55 is the 12th
worst traffic intersection and this is where 50% of the traffic will go. Mr. Small said this is
putting bad on top of bad. He said there are lots of trucks cutting through 10th Avenue to
South Shore presently.
Vice Chair Neset introduced Carol Lansing, Attorney, Faegre & Benson representing
Principal Mutual Life Insurance Company. Ms. Lansing said her client does not object to
the proposal but is concerned about the reconfigured drainage area between their
properties. Ms. Lansing said the drainage swale between the properties takes storm water
from both properties and Highway 55. She said piping would be installed on their property
collecting their drainage water. Ms. Lansing said she has discussed with City Engineer
Darrell Johnson of the City Engineering Division the installation of piping on their
property and supports the piping to the smaller retention pond. Ms. Lansing said in order
to give written approval, her client needs assurances they can review the final drainage plan
and calculations. Ms. Lansing said the applicant suggested her client share this cost. Ms.
Lansing said this cost, as well as her client's cost for reviewing the calculations, needs to
be the burden of the applicant just as the road improvements are the burden of the
developer. Ms. Lansing questioned if the 10 -foot drainage easement is an appropriate size
to contain the drainage system and pond. Ms. Lansing asked that her client be notified
when the final plat can be reviewed.
Vice Chair Neset introduced Rodney Hall, 1167 Trenton Circle N. Mr. Hall said the
proposed 5 -story office building with parking looks like commercialism is being thrown on
a quiet neighborhood. Mr. Hall said his concerns included traffic congestion on 10th
Avenue and Highway 55, lighting and noise impact, and asbestos being disturbed. Mr.
Hall said he is President of the Trenton Ponds Homeowners Association located north of
10th Avenue, and quite a few residents are against the proposed 5 -story building.
Vice Chair Neset introduced John Allen, Chairman of the Board of Industrial Equities and
owner of the subject property, 321 lst Avenue N. Mr. Allen said he has kept this parcel
vacant, paid taxes and maintained it for the last ten years. Mr. Allen said the PUD never
limited the building to 3 -story with 90,000 square feet. He said they did make a
submission for a 3 -story building in 1999, but with the collapse of the tech market and
other economical factors, the application was withdrawn. Mr. Allen said in the last ten
years, the dynamics of redevelopment in the City of Plymouth make it more desirable. He
said the irony of the asbestos issue is that it exists because of Highway 169 construction.
The City has no record of who the excavation contractor was who would be responsible.
Mr. Allen said the environmental risk of this asbestos tile is low and the State MPCA
would allow it to remain if covered. He said it is preferable to not disturb it, but added any
asbestos encountered will be handled properly. Mr. Allen said the Principal Mutual Life
Insurance Company has used his land for their retention pond for 15-20 years. He added
that this is Torrens property, so this is not a "prescriptive easement". He said it is not true
that their pond is trespassing on Principal Mutual Life Insurance Company's property. Mr.
Allen said he is willing to be neighborly — they will manage the storm water but there
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should be participation from Principal Mutual Life Insurance Company to handle water
taken off their property. Mr. Allen said he sold the land to Rottlund and that he will do
what he can to make the project compatible with the neighborhood. Mr. Allen reiterated
that traffic is always an issue, but the traffic engineer has studied the proposal and states
this is a manageable situation. He said it was not by chance that everything on the site plan
is in compliance and they are not seeking variances nor extensive concessions on the part
of the City.
Vice Chair Neset introduced Brian Helmken, 1101 Urbandale Lane North, representing CB
Richard Ellis. Mr. Helmken said there is great opportunity in the market to capture larger
users. He said the average size of a single tenant building is 237,000 square feet. Mr.
Helmken said you need that size to compete with existing opportunities. He said as a
taxpayer in the City of Plymouth, he is strongly in favor of creating 600 jobs in the City,
and new real estate taxes would be generated. Mr. Helmken pointed out that Select
Comfort, currently under construction in northern Plymouth, is 165,000 square feet. Mr.
Helmken said three tenants are potentially interested in this site, and added that one tenant
could not consider it if were 90,000 square feet.
Vice Chair Neset introduced Tom Lelich, 3090 Quinwood Lane N. Mr. Lelich said he is
very excited and enthused about this proposal. He said he has lived in Plymouth 18 years
and all he sees is retail development. Mr. Lelich said the project and size are exciting and
would bring tax based revenue, jobs, and other good things.
Vice Chair Neset closed the public hearing.
Vice Chair Neset asked if the building size was stipulated on the original PUD.
Senior Planner Drill stated the original PUD showed a footprint of 30,000 square feet but
did not indicate height. Planning Manager Senness added that Rottlund Homes, the
developer of the townhomes, is a residential developer and this portion of the site was to
remain commercial office use. She reiterated that the PUD plans were conceptual.
Vice Chair Neset asked if shielding and glare would be reduced by "shoebox" lighting.
Senior Planner Drill answered affirmatively. Planning Manager Senness clarified there
would not be light impact for 24 hours a day 7 days a week, as City Code requires that
lights in this light zone be disengaged or reduced by 50% between midnight and dawn.
City Engineer Moberg clarified the traffic report generated numbers for the proposed office
complex and also for a 70 -unit apartment building on the north side. He said the report
doesn't break down traffic for the office complex only. City Engineer Moberg
acknowledged the concerns and traffic issues for Highway 55, but said this is a State issue.
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Vice Chair Neset asked how this proposal would affect the service level designations of
key intersections.
City Engineer Moberg said the report identifies level of service for both before and after
the construction. He said the intersection of Highway 55 and South Shore Drive currently
has a morning peak hour level of "D" and in the p.m. peak hour level "E". City Engineer
Moberg said with the proposed building and recommended road improvements the
intersection would maintain a comparable level of operation.
Vice Chair Neset asked when upgrades to Highway 55 might occur.
City Engineer Moberg responded that he is not aware of any MnDOT plans for
improvements to Highway 55.
Vice Chair Neset asked about drainage concerns.
Planning Manager Senness said the drainage easement would have to accommodate what is
proposed. She said a notification to Principal Mutual Life Insurance Company could be
sent, but the issues between the applicant and Principal Mutual Life Insurance Company
would be private.
City Engineer Moberg said drainage coming on to the site from Highway 55 needs to be
safely conveyed through the property. City Engineer Moberg stated the drainage coming
off the property to the east also needs to be accommodated for in the drainage plan. City
Engineer Moberg stated that there is still some work to be done, but the ability to
accomplish drainage is clearly there. He said any easements necessary to cover those areas
would be part of the final plat.
Planning Manager Senness said the right-of-way along the west boundary of the project
was dedicated, but no street has been built. City Engineer Moberg added it was never
improved to function as a street, and a portion of that right-of-way may be vacated as part
of this process as there won't be a street built there in the future.
Commissioner Aamoth asked what level of discretion the Planning Commission would
have in addressing traffic concerns raised by residents.
Senior Planner Drill said the City's Comprehensive Plan has shown 6th Avenue extending
through this site. He added this street would be required regardless of the size of the
building. He clarified that the Planning Commission has discretion over the PUD
amendment.
Vice Chair Neset asked about the applicant's offer to provide screening from the parking
lot toward the townhome property.
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Senior Planner Drill reviewed the applicant's offer to provide screening off site on the north
side of street and said this could be accepted as part of the PUD.
Vice Chair Neset asked how the finished height of the proposed office building would
compare to nearby office buildings.
Senior Planner Drill said this building would be roughly 15 feet higher than nearby office
buildings.
Commissioner Weir said the audience presented good questions and all have been
satisfactorily answered. Commissioner Weir said this is a good project and should move
forward.
Vice Chair Neset agreed with Commissioner Weir but stated he still has concerns about
lighting and headlights from the parking ramp especially during winter months. He asked
for a condition that 10 -foot coniferous trees be placed on the north side of the new street.
Commissioner Weir concurred with Vice Chair Neset.
Commissioner Davis said he appreciates homeowners voicing their concerns. He said he
shares those concerns but sees the need for commercial development. He concurred with
Mr. Lelich's comments regarding numerous retail developments coming into Plymouth.
Commissioner Davis said it is nice to bring in a building that could result in some high
paying jobs in Plymouth and is in favor of this proposal.
MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the
request by Finn Daniels Architects for a preliminary plat and PUD Amendment for
property located north of Highway 55, east of South Shore Drive and west of Revere Lane
with a condition that 10 -foot coniferous trees be placed on the north side of the street to
screen the office site from the Village at Basset Creek Townhomes. Roll Call Vote. 6
Ayes. MOTION approved unanimously.
B. McCLAY-ALTON, PLLP. (2006122)
Vice Chair Neset introduced the request by McClay-Alton, PLLP. for a conditional use
permit to allow 24-hour/day operation of the drive through window at CVS Pharmacy
located at 4140 County Road 101.
Associate Planner Noelting gave an overview of the January 30, 2007 staff report.
Vice Chair Neset introduced Brian Alton, representing CVS pharmacy.
Vice Chair Neset introduced Brian Miller, 15676 Danville Avenue W. Rosemount. Mr.
Miller said he is the operations manager for CVS.
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Commissioner Davis asked what would be sold at the drive through.
Mr. Miller said the drive though would be specifically for the pharmacy. He said the
extended hours would be for the store and pharmacy.
Vice Chair Neset asked if most CVS stores are equipped with 24-hour drive through
windows.
Mr. Miller said out of his 12 -unit district, only two stores are currently open on a 24-hour
basis.
Vice Chair Neset opened and closed the public hearing as there was no one present to
speak on the item.
MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the
request by McClay-Alton, PLLP. for a conditional use permit to allow 24-hour/day
operation of the drive through window at CVS Pharmacy located at 4140 County Road
101. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
8. NEW BUSINESS
A. JUAN AND MARIBEL BECERRA (2006106)
Vice Chair Neset introduced the request by Juan and Maribel Becerra for a home
occupation license for the property located at 14506 County Road 6.
Senior Planner Darling gave an overview of the January 30, 2007 staff report. Senior
Planner Darling said that she and the Housing Inspector will visit the property on February
9, 2007 to settle the issue of residency.
Commissioner Aamoth asked what differentiates a business vehicle from other vehicles.
Senior Planner Darling said the weight class or marking with commercial symbols
indicates a commercial vehicle. She said the business does operate a number of vehicles
and there is a business name on them.
Vice Chair Neset introduced the applicant, Maribel Becerra, 14506 Co. Rd. 6.
Commissioner Weir asked when the initial complaint about the home business was
received.
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Senior Planner Darling said Ms. Becerra purchased the home and began operating the
business without knowing of the City's regulations in May 2006. She said the application
for the home business license was received in October 2006.
Commissioner Weir noted that the applicant was willing to comply with rules and
regulations when they became aware of them.
Senior Planner Darling answered affirmatively.
Commissioner Jaffoni asked if a list of hazardous chemicals is submitted to an inspector.
She asked if this business would be subject to periodic unannounced inspections.
Senior Planner Darling said she would call to schedule any inspections. She said if there
are any concerns about hazardous materials or how they are operating the business,
periodic inspections could be scheduled. Senior Planner Darling said material safety data
sheets were submitted and the amounts proposed are consistent with a residential use.
Commissioner Jaffoni asked if there is a visual affirmation that the quantities they say are
on site are actually on site. She asked if the City of Plymouth ever conducts visual checks.
Senior Planner Darling said there is only one other cleaning business in the City and no on-
site inspection has been conducted. She said similarly home salons have chemicals on site
and they not inspected.
Commissioner Aamoth asked if there would be follow up inspections on the commercial
vehicle issue. He asked if there would drive by inspections only if more complaints are
received.
Senior Planner Darling said an inspection would be done on a complaint basis. Planning
Manager Senness said in this case since they have had more vehicles on site, staff would
follow up and ensure compliance.
Vice Chair Neset asked about the process for revocation of a home occupation license.
Planning Manager Senness said the Zoning Ordinance has a stipulated procedure for
revocation if the license holder is not in compliance with the conditions approved. She
said this process would involve the City Attorney if staff are unable to achieve compliance.
Commissioner Jaffoni said the business has 5 commercial vehicles and 12 employees. She
noted the applicant has agreed to only one commercial vehicle outside on the premises and
two employee vehicles parked on the driveway. Commissioner Jaffoni asked how the
applicant will comply with City Code with the vehicles and employees.
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Senior Planner Darling said only the shift leaders come to the site. She said the neighbors
and applicant have stated they have reduced the number of commercial vehicles on the site
and that the applicant could provide more detail.
Vice Chair Neset introduced the applicant, Maribel Becerra, 14506 County Road 6. Ms.
Becerra said they are leaving two vehicles at her parents house which is very close by. She
said two vehicles are parked in the garage and one on the driveway. Ms. Becerra said they
will look for a storage area to place the vehicles. Ms. Becerra stated that business is not
done inside the home as she is the only one there and there are no customers. She said
crew leaders pick up vehicles and orders, and leave. She said the shift times vary. Ms.
Becerra said she is concerned about why people say they don't live there. She said they
don't have lights on during the weekend because they are not there during the weekend.
She said the neighbors are concerned about home values, but they are not making any
changes outside of the home nor inside for the business and there are no signs advertising.
Ms. Becerra said hopefully they will grow the business and move it out of the house.
Vice Chair Neset introduced John Hatlestad, 14515 17th Avenue N. Mr. Hatlestad said he
lives directly behind the applicant's residence and said he did question residency but his
main concern is that it's a business coming into residential Plymouth. He said once you
give a variance for one business you have to do it for all. Mr. Hatlestad said if they can't
comply with the requirements of their license they should not be in the neighborhood.
Vice Chair Neset introduced Kathryn Fetterman, 14505 17th Avenue N. Ms. Fetterman
said she has lived here for 34 years and she objects to any incursion of commercial into
residential areas. She said before any exceptions are made, the City should make sure they
are necessary because there are lots of commercial places that would accommodate
businesses such as this one. Ms. Fetterman asked the Planning Commission to think of the
residents who built the neighborhood up.
Vice Chair Neset asked about the nature of variances and setting precedence for variances.
Planning Manager Senness clarified that no variances were required with this application
as they met all stated requirements. She said the City's requirements are to make sure the
business remains secondary to the primary use of the home. She said recently the City
Council placed further restrictions on the number of vehicles stored outside so home
occupations would not have a negative effect on residential areas.
Commissioner Weir said this is unlike other home occupation licenses they have approved
as nothing happens in the home; it is a gathering place only.
Commissioner Davis said he drove by the property and said it was hard to determine which
property was in question. He said he did not see that this business would have any impact
on the neighborhood.
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Commissioner Aamoth said it is important to be aware of other commercial -based
businesses in this neighborhood as residents need to believe their neighborhood will stay
residential. He said it is also important for the City to encourage small businesses to grow,
and he said he is encouraged the Becerra's hope to grow out of their home shortly and he
wished them success.
MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the
request by Juan and Maribel Becerra for a home occupation license for the property located
at 14506 County Road 6. Roll Call Vote. Ayes. MOTION approved unanimously.
B. PLANNING COMMISSION 2006 ANNUAL REPORT AND 2007 ANNUAL
WORK PLAN
Planning Manager Senness gave an overview of the January 28, 2007 staff report regarding
the 2007 Planning Commission annual work program and the 2006 annual report.
MOTION by Commissioner Weir, seconded by Commissioner Davis, recommending
adopting the 2007 work plan and approve the 2006 annual report. Vote. 6 Ayes.
MOTION approved.
D. APPOINTMENT OF PLANNING COMMISSIONER TO SERVE AS
LIAISON TO THE PARK AND RECREATION ADVISORY COMMITTEE
MOTION by Vice Chair Neset, seconded by Commissioner Davis, nominating
Commissioner Frank Weir to serve as liaison to the Park and Recreation Advisory
Committee. Vote. 6 Ayes. MOTION approved.
9. ADJOURNMENT
MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to adjourn the
meeting at 9:25 p.m. Vote. 6 Ayes. MOTION approved.