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HomeMy WebLinkAbout1961/05/08 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK MINNESOTA May 843 1961 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Kenneth Wolfe at 8 p.m. 2. 3. INVOCATION Invocation was given by Aldersgate Methodist Church. ROLL CALL Re3v. Bennett Brudevold of the The following Councilmen were present at roll call; Curtis Pearson D. C. Messer Robert Shank Leonard Thiel Kenneth Wolfe i I Also present were the Assistant City Manager, City Attorney, Director of Public Works, Planning Director and the Secretary. 4. MINUTES On motion of Councilman Pearson, seconded by Councilman Messer, the minutes of the regular meeting held May 1, 1961, were approved as amended (Item 5k the name of Mr. Ted Cook, 2511 Zinran Avenue, should have been under opposition instead of in favor of) , were approved by a five yea vote. Councilman Ehrenberg arrived at 8:09 p.m. Councilman Jorvig arrived at 8:10 p.m. S. PUBLIC HEARINGS (a) None . 177 Council Minutes 6. 7, ETITIONS. - May 8, 1961 UESTS AND COMMUNICATIONS (a) APPLICATION LIQUOR OFF BOULEVARD, FOR LICENSE TO SELL NON -INTOXICATING M SALE - BY VANT HULL ENTERPRISES, 7835 WAAIY,T ZATA It was moved by Councilman Pearson, seconded by Councilman Messer l , to approve issuance of the aboveicense. Motion passed by a vote of seven ayes. (b) NOTIFICATION OF INTENT TO HOLD A BINGO GAME - BY ELIOT SCHOOL P. T. A, On hearing no objections the Mayor ordered the communication received for filing. (b) COMMUNICATION FROM PASTOR QUINTEN ALFORS, ST: LOUIS PARK EVANGELICAL FREE CHURCH, REQUESTING WAIVER OF BUILDING PERMIT FEE FOR PROPOSED ADDITION AND ALTERATIONS TO PRESENT CHURCH AT 6805 MINNETONKA BOULEVARD. It was moved by Councilman Messer, seconded by Councilman Jorvig, that the request be granted. Motion passed by a vote of seven ayes. (d) COMMUNICATION FROM MERCHANTS OF EXCELSIOR BOULEVARD AREA REQUESTING USE OF CITY PROPERTY AT HIGHWAY N0, 100 AND WEST 37TH STREET FOR USE OF A CARNIVAL. Jack Paynter was present at the meeting in favor of request. RESOLUTION NO. 1738 It was moved by Councilman Jorvig, seconded by Councilman Shank, to waive reading and adopt Resolution No. 1738, entitled "Resolution Granting Temporary Use Of City Property". Motion passed by a vote of seven ayes. OLUTIONS AND ORDINANCES (a) RESOLUTION ORDERING CERTIFICATION OF ASSESSMENTS. RESOLUTION N0. 1739 It was moved by Councilman Thiel, seconded by Council- man Shank to waive reading and adopt Resolution No. 1739, entitled "Resolution Ordering Certification of Assessments". Motion passed by a vote of seven ayes. 178 Council Minutes - May a, 1961 7. (b) RESOLUTION PROPOSING IMPROVEMENT AND ORDERING PREPARA- TION OF REPORTS ON IMPROVEMENT OF GEORGIA (A"x PAVING FROM WEST 18TH STREET TO ]FRANKLIN AVENUE. RESOLUTION N0. 1740 It was moved by Councilman Pearson, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1740, entitled "Resolution Proposing Improvement and Ordering Preparation of Reports on Improvement of Georgia Avenue". Motion passed by a vote of seven ayes, (c) RESOLUTION FOR HEARING ON PETITION TO VACATE ALLEY AND AMENDING RESOLUTION NO, 1703 (EAST -WEST ALLEY EXTENDING FROM ALABAMA AVENUE TO BRUNSWICK AVENUE BETWEEN 14EST 36TH STREET AND WEST 37TH STREET) . RESOLUTION N0, 1741 It was moved by Councilman Pearson, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1741, entitled "Resolution for Hearing on Petition to Vacate Alley and Amending Resolution No. 1703". (hearing on June 5, 1961) Motion passed by a vote of seven ayes. (d) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR STREET (ENSIGN AVENUE). RESOLUTION NO. 1742 It was moved by Councilman Messer, seconded by Council- man Shank, to waive reading and adopt Resolution No. 1742, entitled "Resolution Authorizing Taking of Land by Eminent Domain for Street (Ensign Avenue)". Motion passed by a vote of seven ayes. (e) FIRST READING OF PROPOSED ORDINANCE AMENDING SECTION 4:530 OF ORDINANCE Noe 775 PASSED FEBRUARY 27, 1961 ENTITLED, "AN ORDINANCE PROHIBITING THE THROWING OR DE- POSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF ST. LOUIS PARK: REGULATING THE DISTRIBUTION OF COMMERCIAL TING AND NON-COMMERCIAL HANDBILLS; CONTROLLING TLIENEFORDPOS ICITY OF LITTER ON PRIVATE PREMISES; PROVIDING CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS" 179 Council Minutes - May 8 , 1961 It was moved by Councilman Jorvi Councilman Messer, to waive first Seconded by reading ordinance and to set date for second reading onoMayed 221) 19610 Motion passed by a vote of seven ayes. (f) FIRST READING OF PROPOSED ORDINANCE REGULATING AND LICENSING FOOD ESTABLISHMENTS AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF AND REPEALING CERTAIN SECTIONS OF THE ST, LOUIS PARK ORDINANCE CODE RELATING TO FOOD ESTABLISH- MENTS WHICH SECTIONS ARE NUMBERED AND ENTITLED "RESTAURANTS, CAFES, AND LUNCH ROOMS, SECTION 2:1801 DEFINITIONS, SECTION 2:1802 LICENSE REQUIRED, SECTION 2:1803 APPLICATION, SECTION 2:1804 FEES, SECTION 2:1805 EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED FOOD OR DRINK, SECTION 2:1806 INSPECTION OF RESTAURANTS, SECTION 2:1807 SANITATION RE- QUIREMENTS, SECTION 2:1308 DISEASE CONTROL, SECTION 2:1809 PROCEDURE WHEN INFECTION SUSPECTED, SECTION 2:1810 ENFORCEMENT INTERPRETATION" (REQUESTED APRIL 24, 1961). It was moved by Councilman Thiel, seconded by Councilman Pearson, to waive first reading of proposed ordinance and to set date for second reading on May 22, 1961. Motion passed by a vote of seven ayes. (g) FIRST READING OF PROPOSED ORDINANCE CHANGING THE NAME OF 16TH STREET COURT TO TEXAS CIRCLE (IN MC CAFFREY'S ADDITION), It was moved by Councilman Councilman Messer, to waive the date for second reading on May by a vote of seven ayes. Ehrenberg, seconded by first reading and to set 22, 1961. Motion passed (h) SECOND READING OF PROPOSED ORDINANCE VACATING CERTAIN PORTIONS OF WEST 14TH STREET (SOUTH 30 FEET FROM PENNSY- LVANIA TO OREGON AVENUES - DEFERRED FROM APRIL 24, 1961). Zollie Baratz was present at the meeting. It was moved by Councilman Pearson, seconded by Councilman Ehrenberg, that this matter be referred back to the Planning Commission for advice and recommendation. Motion passed by a vote of seven ayes. 180 Council Minutes - May 8, g, REPORTS OF OFFICERS. 1961 BOARDS AND COMMITTEE (a) MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING HELD APRIL 19, 1961. D On hearing no objections the Minutes received for filing. Mayor ordered the (b) REPORT OF THE PLANNING COMMISSION (CASE N0. 61-30-Z) RECOMMENDING FAVORABLY UPON THE REQUEST OF HUGH P. AND CLARA Ve MCDERMOTT TO REZONE THE WEST ONE-HALF OF LOT 11 AND ALL OF LOTS 12THROUGH 191, BLOCK 35, REARRANGE- MENT OF ST. LOUIS PARK (SOUTHEAST CORNER OF WEST LAKE STREET AND WALKER STREET) FROM I-3 TO B-2 DISTRICT. H, C. Davis, Attorney, was present representing the petitioner, It was moved by Councilman Pearson, seconded by Councilman Thiel, to set date for public hearing on June 5, 1961. Motion passed by a vote of seven ayes, (c) REPORT OF THE PLANNING COMMISSION ( CASE NO, 61- 31-S P) RECOMMENDING FAVORABLY UPON THE REQUEST OF PARK AUTO WASH, INC. FOR SPECIAL PERMIT FROM PROVISIONS OF SECTION 6:122.5 OF THE ZONING ORDINANCE FOR THE CONSTRUCTION AND OPERATION OF A CARWASH ON SOUTHEAST CORNER OF WEST LAKE STREET AND WALKER STREET, He C. Davis, Attorney, was present representing petitioner, It was moved by Councilman Pearson, seconded by Councilman Thiel, to defer action on this matter to June S. 1961. Motion passed by a vote of seven ayes. (d) REPORT OF THE PLANNING COMMISSION RECOMMENDING ON OWN INITIATIVE TO REZONE THAT PORTION OF BLOCK 35 OF LOT 19, AND THAT PORTION OF BLOCK 187 EAST OF ALL IN REARRANGEMENT OF ST. LOUIS PARK, FROM I-3 DISTRICT, (CASE 61-34-Z) . It was moved by Councilman Thiel, to June 51 1961, Motion i ITS WEST LOT 7 , TO B-2 Councilman Pearson, seconded by set date for public hearing on passed by a vote of seven ayes. 181 Council Minutes - May 8 , 1961 $ (e) RECOMMENDATION OF THE 61-17-MISC.) THAT THE ORDINANCE CREATING THE FEBRUARY 27, 1961). PLANNING COMMISSION (CASE PROPOSED AMENDMENT TO THE B-3 DISTRICT BE ADOPTED N0. ZONING (REQUESTED It was moved by Councilman Pearson, seconded by Councilman Shank, to waive first reading of proposed ordinance and to set date for second reading on May 22, 1961. Before vote was taken the following amendments to thz ordinance were made: It was moved by Councilman Ehrenberg, seconded by Councilman Pearson, that Subd. No. 7. Glass products manufacture, provided they are produced from previously prepared materials and Subd. No. 15. Shoes, boots, foot- wear manufacture, provided they are produced from pre- viously prepared materials, Section 6:126 be included in Section 69127, Motion passed by a vote of seven ayes . It was moved by Councilman Jorvig, seconded by Councilman Ehrenberg, that Subd. S. Electrical service, heating, plumbing, and airconditioning shops under Section 6:126 be deleted. Motion passed by a vote of six ayes and one nay. Mayor Wolfe voting nay. It was moved by Councilman Thiel, seconded by Councilman O'orvig, that Subd. 12. Plastic products manu- facture under Section 6:126 be included in Section 6:127. Motion passed by a vote of five ayes and two nays. Councilman Pearson and Mayor Wolf, voting nay. Vote was then taken on the original motion which was passed by a vote of six ayes and one nay. Councilman Messer voting nay. ( MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD APRIL 20, 1961. On hearing no objections the mayor ordered the Minutes received for filing. (g) REPORT OF THE BOARD O' ZONING APPEALS (CASE Nov 61- 2 2 VAR.) RECOMMENDING FAVORABLY UPON THE REQUEST OF THEODORE H. HERMAN FOR VARIANCE FROM THE PROVISIONS OF SECTION 064.5 OF THE ZONING ORDINANCE TODPERMIT (p�TBUILD_ ING A HOUSE AT APPROXIMATELY 4700 CED�� OF LOT 10, WESTRIDGE ADDITION) WITH LESS THAN REQUIRED 35 FOOT SETBACK, 1Un2 1 \,� Count it Minutes May 85 1961 BeTheodor Harman, 2535 Joppa Avenue was the meeting, present at RESOLUTION N0, 1743 It was moved by Councilman Parson, seconded by Councilman Jorvig, to waive reading and adopt Resolu- tion No. 1743, entitled "Resolution Granting Variance of Front Yard Setback from the Requirements of Section 6:064.5 of the St. Louis Park Zoning Ordinance". Motion passed by a vote of seven ayes. (h) REPORT OF THE BOARD OF ZONING APPEALS (CASE NO, 61 -25 - VAR.) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF IRVING HERMAN FOR VARIANCE FROM THE PROVISIONS OF SECTION 6:064.5 OF THE ZONING ORDINANCE TO DIVIDE FIVE FORTY FOOT LOTS IN THE 2600 BLOCK ON NATCHEZ AVENUE INTO THREE LOTS OF 65 FEET, 68 FEET, AND 67 FEET, OR LESS THAN THE 75 FEET REQUIRED. Dr. Irving Herman, 517 Medical Arts Building, and Mr. Harry Pulver, 2620 Monterey Avenue, were prosent at the meeting. It was moved by Councilman Ehrenberg, seconded by Councilman Pearson, that the Council concur with the recommendation of the Planning Commission that the re- quest be denied. Motion passed by a vote of seven ayes. (i) REPORT OF THE BOARD OF ZONING APPEAES (CASE NO, 61 -26 - VAR.) RECOMMENDING FAVORABLY UPON THE REQUEST OF KENNETH W. TAPLIN FOR VARIANCE FROM THE PROVISIONS OF SECTION 6:074,5 OF THE ZONING ORDINANCE TO BUILD AN ATTACHED GPJZAGE AND BREEZEWAY WITHIN THREE FEET OF THE REAR PROPERTY LINE INSTEAD OF THE REQUIRED 25 FEET AT 4117 SALEM AVENUE, Kenneth W. Taplin, 4117 Salem Avenue, was present at the meeting. RESOLUTION N0. 1744 It was moved by Councilman Jorvig, seconded by t Rolution Councilman Pearson, � No. 1744, entitled Yard Depth from the the St. Louis Park a seven yea vote. to waive roading and adop s "Resolution Granting Varianco of Roar R`quiremonts of Soction 6:074.5 of Zoning Ordinanco. Motion passed by 183 Council Minutes - May 1961 U (j) REPORT OF THE BOARD OF ZONING APPEALS (CASE NO, 61- 2E -VAR,) RECOMMENDING FAVORABLY UPON THE REQUEST OF ROBERT C. JOHNSTON FOR VARIANCE FROM THE PROVISIONS OF SECTION 6:074.3 OF THE ZONING ORDINANCE TO PERMIT ADDITION TO HOUSE AT 3544ZINPI'N AVENUE kITH AN EIGHT FOOT SIDE YARD INSTEAD OF THE REQUIRED FIFTEEN FEET, Robert C. Johnston, 3S44 Zinran Avenue, was present at the meeting. RESOLUTION N0, 174S It was moved by Councilman Messer, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 1745, entitled "Resolution Granting Variance of Side Yard Width from the Requirements of Section 6:074.3 0f the St. Louis Park Zoning Ordinance. Motion passed by a vote of seven ayes. (k) REPORT OF THE BOARD OF ZONING APPEALS (CASE NO, 61 -29 - VAR,) RECOMMENDING FAVORABLY UPON THE REQUEST OF GERALD N. LAPITZ FOR ViARIANCE FROM THE PROVISIONS OF SECTION 6:064.5 OF THE ZONING ORDINANCE TO DIVIDE A LOT 100 FEET BY 200 FEET INTO TWO FIFTY FOOT LOTS ADJACENT TO 4220 VERNON AVENUE, . Gerald N. Lapitz, 4220 Va rnon Avenue, was present at the meeting, RESOLUTION NO. 1746 It was moved by Councilman Jorvig, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 1746, entitle "Resolution Granting Variance of Lot Width from the Requirements of Section 6:064.5 of the St. Louis Park Zoning Ordinance". Motion passed by a vote of four ayes and three nays. Councilman Ehrenberg, Councilman Pearson and Councilman Messer voting nay. (1) REPORT OF THE CITY ATTORNEY ON MEADOWBROOK MANOR. It was moved by Councilman Shank, seconded by Councilman Thiel, that the City attorney be authorized to settle this matter for $30,000.007using $2,500.00 of the $21,290.76 on hand for interest and the balance to be applied against the $301000,00. Motion pass`d by a seven aye vote. 134 Council Minutes - May 0, 1961 so (m) CITY ATTORNEY REPORT NO, No action taken. 15 COVERING STLTE LEGISLATION, (n) REPORT ON LAND ACQUISITION, 1. Fred Sherman Deed, M, S eA. Project No, 254, dated April 25, 1961) extension of Raleigh Ave. north/ of Excelsior Blvd. A motion was made by Councilman Thiel, seconded by Councilman Shank, to accept deed and authorize the Clark to record same, and authorize payment of $221000.00 less deduction of $130.35 for Watermain assessment No. 511, and $44.40 for Revenue Stamps and State deed tax. Motion passed by a seven yea vote. 2e Mr. & Mrs. Theodore A. Bloomquist, Deed Construction Easement 1961 Sewer Construction on 41st Street be- tween Zarthan and Yosemite Avenues, dated April 26, 1961. A motion was made by Councilman Thiel, seconded by Councilman Messer, to accept the above deed. Motion passed by a seven yea vote. 3. Bukstein Deed - Easement for Storm Sewer, dated April 11, 1961. Lot 9, Homo Addition. A motion was made by Councilman Ehrenberg, seconded by Councilman Thiel, to accept deed and authorize Clark to file same. Motion passed by a seven yea voto. 4. Udstrand Deed It was moved by Councilman Messer, seconded by Councilman Thiel, that the Udstrand deed for the east side of Hampshire Avenue be placed on agenda in proper form. Motion passed by a seven yea vote. 9* UNFINISHED BUSINESS (a) TABULATI0N OF BIDS FOR STREET WORK SUPPLIES* Amotion was made by Councilman Thiel, seconded by Councilman Messer, to dosignate the following as the lowest responsible bidders, to accept tha bids, and to authorize the Mayor and City Manager to execute th.� necessary contracts. 185 Counc it Minutes - May 3 , 19 61 g. I -em Material J. V. Gleason 1Unnitt Price RC -3 J& V. Gleason 2 AC .1 Mix .1150 J. V. Gleason 3 SC -5 Mix 5.30 J. V. Gleason 4 SC -2 Mix 5'15 5.20 J. V. Gleason 5, MC -2 or MC_3 5.20 J. V. Gleason 7 So al Coat Aggregate 1.60 Minder Johnson 6 Gravel 1.25 W. H. Barber C MC -0 .1046 gal. Motion passed by a vote of seven ayes. (b) AWAP.D OF CONTRACT FOR GRADING, IMPROVEMENT NOS. 59-38 and 60-50 (PART), (c) (d) RESOLUTION N0. 1747 It was moved by man Pearson, to waiva entitled "Resolution Nos. 59-38 and 60-50 passed by a seven yea vote. Councilman Thiel, seconded by Council - reading and adopt Resolution No. 1747, Accepting Bid for Grading Improvement (Part) " (J. A. Danen & Sons) Motion vote. Motion passed by a seven yea AWt RD OF CONTRACT FOP. STC1RM SEWER, SANITARY SEWER AND WATER MAIN, IMPROVEMENT NOS. 59-1055 60-25 60-33, 60-36, 60-37, 60-516) 60-541 60-565 60-715 60455 60-124, 61-3, 61-4. RESOLUTION N0, 1748 It was moved by man Messer, to waiva entitled "Resolution Sewer and Watermain" a vote of seven ayes. Councilman Thiel, seconded by Council. reading and adopt Rasolution No. 1748, accepting Bid for Storm Sewar, Sanitary (Barbarossa and Sons) Motion passed TABULATION OF BIDS ON 11,,TER METERS AND COPPER METER HORNS* I; motion was made by Councilman Pearson. seconded by designata Badg: r Motor Company as the to Councilman Thiel, to accept bid as recommonded lowest rosponsiblO bidder, by the Director of Public Works using alternate bid, and Mayor and City r to executo the Manage to authorizes the May neeessa contract Motion passed by a vote of seven r'Y ayes . 1C6 A 1C6 A Council Minut;2s - May 81 1961 (z) REPORT OF THE PLANNING COMMISSION (CASE NO* 61- 21-Z RECOMMENDING FAVORABLY UPON THE REQUEST OF HAROLD AND IONS SANDSTROM TO REZONE THE PROPERTY AT 1345 PENNSYL- V1\.NIA AVENUE FROM R-2 TO R-4 DISTRICT (DEFERRED FROM APRIL 2 4, 19 61) . Mrs. Harold Sandstrom was Present in favor of request. It was moved by Councilman Pearson, seconded by Councilman Ehrenberg, that this matter be referrdd back to the Planning Commission for advice and recommendation. Motion passed by a vote of seven ayes, 10o NEW BUSINESS (a) PROPOSED AGREEMENT BETWEEN THE CITY OF ST, LOUIS PARK AND CITY OF CRYSTAL, VILLAGE OF GOLDEN VALLEY, CITY OF MINNEAPOLIS, VILLAGE OF MINNETONKA, VILLAGE OF NEW HOPE, AND VILLAGE OF PLYMOUTH RELATIVE TO STORM WATER DRAINAGE STUDY IN THE BASSETT;tS CREEK WATERSHED AREA, It was moved by Councilman Jorvig, seconded by Councilman Messer, to approve the agreement and to authorize the Mayor and City Manager to execute in CD behalf of the city. Motion passed by a vote of seven ayes, (b) APPOINTMENT OF LABORER (STREET DEPARTMENT) . A motion was made by Councilman Ehrenberg, seconded by Councilman Shank, to consent and approve the appoint- ment of Orville' --1. L. Larson,as Probationary Laborer, Range 145 Stop C, Street Department, effective May 9, 1961. Motion passed by a vote of seven ayes. (c) HOUSE MOVING Discussion regarding Nous: mood from 38th Street - North of Holt Nursery by Councilman Pearson, It was mov; d by Councilman Paarson, seconded by Councilman Jorvi that this ma tar be referred to the Cit gnaw Departmentamend House Moving Ord - y Manager and L finance concerning the moving of house within St. Lc;ua.s Park. Motion passed by a vote of seven ayes. 187 kbw_ Counc it Minutes - May 8, 11, MIS CELU NEOUS (a) DAMAGE CLAIMS . 1961 Sherman Gardner, 9011 Club Road, It was moved by Councilman Messer, seconded by Councilman Jorvig, _that this claim be referrad to the Law Department for advice and recommendation. Motion passed by a seven yea vote. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Mossar, seconded by Council- man Shank, the lists of verified claims prepared by the Diteetor of Finance and present to the Council, in the total amounts of $1,148.03 for payroll, and $90,623.14 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a roll call vote of seven ayes. (b) CONTRACT PAYMENTS 1. Final Payment Sanitary Sewer Improvement No. 60-52, Contractor, W. G. Erickson, Amount, $464.92. RESOLUTION N0, 1749 It was moved by Councilman Shank, seconded by Council- man Jorvig, to waive reading and adopt Resolution No. 1749, ntitle d, "Resolution Accepting Work for Sanitary Sewer Improvement No. 60-52". (W. G. Erickson) Motion passed by a voto of seven ayes . 2. Final Payment. 1961 Tree Spraying Progem. Minnesota Tree Sarvice . j�mount $1,164.00 . RESOLUTION N0. 1760 It was moved by Councilman man Shank, to waive reading and entitled, "Resolution Accapting Motion passed by a vote of sev` IU0 Jorvig, sacon12d by Council - adopt Resolution No. 1750, Work on Tree Spraying". n ayes. Council Minutes - May 8 , 1961 13. ADJOURNMENT On motion of Councilman Messer, seconded by Councilman ofrseventhe ayes�etin; was adjourn, d at 11:20 p,m, by a vote ATTEST, eph bust Secretary 189