05-09-1977 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
May 9, 1977
The Regular Meeting of the Board of Commissioners met in the Commissioners'
Room, City -County Building, on Monday, May 9, 1977, at four o'clock p.m.
The Mayor asked everyone to stand for the pledge of allegiance to the
Flag and a moment of silent prayer.
There were present:
Mayor Keith G. Duckers, Chairman presiding
Commissioner Dan S. Geis
Commissioner Karen M. Graves
Commissioner Gerald F. Simpson
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
printed. The Minutes of the Regular Meeting of May 2, 1977 were approved as
The Minutes of the Special Meeting of May 3, 1977 were considered.
Commissioner Geis said he was not present at that meeting but cast a
negative vote on the proposed site and asked why his vote was not reflected in the
minutes. Mayor Duckers said his negative vote was cast but he was later informed
by the City Attorney that Commissioners cannot cast a proxy vote.
Commissioner Geis commented that he wished he had known that.
printed. The Minutes of the Special Meeting of May 3, 1977 were approved as
THE MAYOR PROCLAIMED the Month of May, 1977 - "ABWA SCHOLARSHIP
MONTH". The proclamation was read by Mildred Williams, Educational Chairman of
the Salina Charter Chapter of American Business Women's Association.
THE MAYOR PROCLAIMED the Week of May 8 through 14, 1977 - "NATIONAL
HOSPITAL WEEK". The proclamation was read by Roy White, Administrator of St.
John's Hospital.
THE MAYOR PROCLAIMED Saturday, May 14, 1977 - "BUDDY POPPY DAY". The
proclamation was read by Damon Swain, Buddy Poppy Day Chairman, Post 1432 of the
Veterans of Foreign Wars.
STAFF AGENDA
THE CITY ENGINEER reported on traffic controls at the Santa Fe and
Iron Avenue Intersection:
"If there is, in fact, a serious problem at this intersection with
vehicular traffic, it began with the construction of the intersection islands in
the Downtown Beautification Project which eliminated the right-hand turn lanes
on Santa Fe Avenue. During the plannning of this project, this department
objected to these turn lanes being eliminated. At this time, it was our understangii
that the only thing that prevented the two center lanes from being eliminated
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also, by the construction of a median, was the lack of finances. I do not
believe the movement of traffic on Santa Fe Avenue concerned very many people
during the planning of this project as each plan that was discarded, due to
financial restrictions, would have further restricted this traffic's movement
and volume. This office has studied many possible methods of signal timing,
phasing, traffic movements and geometrics at this location and would submit the
following consideration.
"To put this interesection in its best geometric shape to handle both
pedestrian and vehicular traffic, we would have to suggest removal of the islands
on the northwest and southeast corners of this intersection. The signal phasing
would remain as it is. This would increase the traffic volume capacity through
the intersection and the pedestrians would still have protection from a vehicular
conflict.
"There is not an unusually high pedestrian traffic volume at this
location; however, this intersection has the highest pedestrian volume of any
intersection in the city. If we wish to protect the pedestrian movements at
this location, the system should stay as it is.
"Because this intersection does not have an unusually high pedestrian
volume, and if it is desired not to have pedestrian protection while they are in
the intersection; the method would be to remove all arrow indicators and install
all circular green signals and remove the walk signals. This would allow the
vehicular traffic to proceed straight through or make a right turn movement.
The pedestrian would cross the street during the same time period without
protection."
The City Engineer showed a large drawing of the intersection and the
Commissioners discussed the alternatives, the possibility of left turns during
certain hours, and the costs involved to implement the changes.
A motion was made by Commissioner Graves, seconded by Commissioner
Simpson to remove all arrow indicators and install all circular green signals
and to remove the walk and don't walk signals at the intersection of Santa Fe
and Iron Avenues, and to re-evaluate the changes in 60 days. Ayes: Graves,
Simpson, Weisgerber, Duckers (4). Nays: Geis (1). Motion carried.
Commissioner Weisgerber asked about the rationale for stop signs at
the railroad tracks on the east and west streets.
Mr. Boyer explained there is a wide right-of-way at the UPRR on the
east side of town with a clear view, where buildings are set very close to the
right-of-way at the MPRR tracks and Crawford on the west side of town, so it is
more of a blind crossing.
Commissioner Weisgerber said there are a lot of complaints about the
traffic at Montrose and if the traffic moved on Crawford instead of being
bottlenecked by having to pause, if that might not move the traffic a little
better.
Mr. Boyer said it would move the traffic better, but if you took the
warning down and the railroad thought it was necessary, they would disclaim all
liability in case of an accident there because you have removed what they consider
a protection for the train.
Commissioner Weisgerber said he wonders if it is necessary to have all
those stop signs, that it is something that the Commission ought to think about.
THE CITY ENGINEER filed a feasibility report for street and utility
improvements in Dow Addition, as requested in Petition Number 3632 which was
filed by George Etherington for G & K, Inc. A motion was made by Commissioner
Simpson, seconded by Commissioner Graves to approve the feasibility report as
filed. Ayes: (5). Nays: (0). Motion carried.
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A RESOLUTION was introduced and passed entitled: "WHEREAS, on January 12�
1976, pursuant to Resolution Number 3257, the City of Salina, Kansas, issued,
registered, and sold one temporary note designated as Number 1, Series PT -86, in
the sum of $265,969.49, due June 1, 1977, for the purpose of paying the cost of
construction of certain streets, sidewalks, lighting, landscaping, planting
trees, shrubs and other perennial plants and constructing park and recreational
area improvements in the City, " [Necesary to re -issue Temporary Note for
Engineering Project 75-596, Downtown Beautification, because the job is not
finalized.]
Commissioner Simpson asked how near the job is to completion?
Mr. Boyer replied the only item not yet settled is the contribution on
the street lights, and this should be settled very soon.
Commissioner Simpson asked if the note will be issued for g0 days
Mr. Harrison said the temporary note will be issued for 1 year because
when the job is completed it will take another 60 days to go through the legal
requirements before bonds can be issued. The note will be redeemed at the time
bonds are issued.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Graves to adopt the Resolution as read and the following vote was had: Ayes:
Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3319•
A MOTION was made by Commissioner Geis, seconded by Commissioner
Simpson to award the contract for Water Sludge Disposal facilities to Smoky
Hill, Inc., in the amount of $720,000.00. (Bids were received April 11, 1977)
Ayes: (5). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3635 was filed by Robert Gile for a change in Chapter 4,
Section 401(a)2, to read as follows: "ABS or PVC installations limited to
residential AND COMMERCIAL construction not more than two (2) stories in height."
(1976 Edition of the Uniform Plumbing Code)
Commissioner Geis asked the reason for requesting the change
Mr. Gile replied if ABS and PVC are good enough for residential it
ought to be good enough for commercial. He said it is difficult to get extra
heavy cast iron pipe, all you can buy is standard weight.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to refer the petition to the Building Code Advisory Board for a recommendatjon.
Ayes: (5). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License application was filed by Donald L. Bales,:
d/b/a K -S, Inc., 1501 West Crawford. (New application). The City Clerk reported j
the applicant has paid the required fee and the application has been approved by
the Zoning Officer, Health Department and the Police Department. A motion was
made by Commissioner Geis, seconded by Commissioner Simpson to approve the
license application and authorize the City Clerk to issue the license. Ayes:
(5). Nays: (0). Motion carried.
A REQUEST was received from George C. Etherington, Chairman of "The
Committee for Progress on the Awarding of Contracts", to be allowed time to
speak.
Mr. Etherington was present with 9 or 10 builders and developers to j
find out if there has been any progress toward resolving the problem involving
77-614 without having to wait to go to court and wait for a decision. He explained
it is really beginning to financially hurt some of the builders and buyers and
lenders. "If it looks like we have to go to court, there may be some other
people have to go to court, some of these people are going to be after me and I
don't like that, then I am going to have to do something and I don't want to do
that, so I would like to know where we stand on the thing.''
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The City Attorney explained, "The matter is in litigation right now
and it is in the answer period and right at this point there is nothing the City
can do in regards to litigation to expedite it until the answer time is past.
Brown & Brown and Smoky Hill are now part of the litigation and they still have
some time in which to answer or plead to the matter and there is nothing at this
point the city can do."
Mr. Mills, attorney from McPherson, representing Clinton Bowers
(petitioner) and Robin Bowers who are building 4 houses east of Ohio Street on
the proposed extension of Minneapolis said paying high interest on those houses
while they sit vacant while waiting for the street and utilities to be constructed
really hurts. He said the City Commission does not have to accept any bid it
doesn't want to and suggested that the City Commission reject all bids and relet
the project as quickly as possible.
A motion was made by Commissioner Graves, seconded by Commissioner
Simpson to recess into executive session to discuss litigation with the City
Attorney. Ayes: (5)• Nays: (0). Motion carried. She asked that the attorney
for J. S. Frank Construction Company, Inc., and Earth Excavation, Inc. remain
available and on call for a few minutes.
The Commission recessed at 4:42 P.M. and reconvened at 4:58 P.M.
Mayor Duckers asked if anyone in the audience wished to speak to the
subject.
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Max McClintock said the situation is binding, and it is getting
tighter each day. He explained that he has houses started, and some of them are
sold. He said the timing was working beautifully from the time the petition was
filed and the feasibility report prepared. The hold up on construction because
of the litigation is going to start hurting because the mortgage payments will
start soon so the vice will start getting tighter.
Don Tasker said he has four lots east of Ohio Street that he is ready
to start building and he needs to have the street and utilities in.
Roy Presley said he is being held up on a petition he submitted in
January because of the litigation involved in this project.
Ralph Shipe said he has lots on the north side of Minneapolis which
are effected by this. He said he needs to be able to get started on them, but
cannot start anything until the contract on this project is resolved.
Cork Umphrey asked the Commission to give the matter immediate attention
on behalf of the fellow builders in the project.
A motion was made by Commissioner Graves, seconded by Commissioner
Geis to reconsider their action on Salina Job 77-614, Parts I and II, Ayes:
(5). Nays: (0). Motion carried.
A motion was made by Commissioner Graves, seconded by Commissioner
Geis that the City Commission reject all bids and rescind action on Salina Job
77-614, rescind the awarding of the contract to Brown & Brown, Inc. and Smoky
1 Hill, Inc., and re -advertise for bids and set a new date for accepting them.
Mr. Mize, attorney for the plaintiff in the pending lawsuit, was
present and explained the -position of the plaintiffs in the litigation.
Mayor Duckers called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
Commissioner Simpson said the Commission should clarify the bid
documents so bidders will know on what basis they are bidding, and either allow
or disallow tie bids.
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Commissioner Geis asked if the project will be relet exactly as it was
! originally let?
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Mr. Boyer said there is nothing to add to the job and it will be
substantially the same.
The Commissioners and the staff discussed the instructions to be
included in the bid documents.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves that the bid documents specifically state that tie bids are disallowed
unless specifically stipulated. Ayes: (5). Nays: (0). Motion carried.
A motion was made by Commissioner Simpson, seconded by Commissioner
Weisgerber to set the date of May 16, 1977 as the date to receive bids on Engineerling
Project 77-614 and to instruct the City Clerk to advertise for bids. Ayes: (5).
Nays: (0). Motion carried.
A REQUEST was received by Mrs. Angie Vest, to be allowed time to speak
on the Salina Inspection Office.
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Mrs. Angie Vest was present and explained she takes care of an apartment)
house owned by her brother, Reiner Braun, and that 8 months ago the building was
inspected by the city and Mr. Rothe gave her a list of things that needed to be
done. One week and a half ago she received a call from Mr. Tremblay that he had
had more complaints about the building and that he wanted to inspect the house
again. She could not go at that time because her children were ill so Mr.
Tremblay inspected the house alone. He delivered a letter to her later that day j
giving her 3 days to fix the electrical wiring that was bad, that the letter
said it had been jumpered that it was against the law, that it had to be fixed
within 3 days or KP&L would shut off the power and all the tenants would have to
move. She called her electrician on Saturday and he inspected it and said he
could start on it Monday. At 6 o'clock Sunday evening she received a call from
the Police Department to go to the apartment that police officers and the inspector
were evicting her tenants. She called her lawyer, then her electrician and he
went with her to the apartment house and talked with the inspector. She complained
that her rights as a citizen were ''put down'' because she was called out to the
apartment on a Sunday, unfairly, and unjustly because the city inspection had j
jumped the gun because apparently there was not that much wrong with it and
there was no just cause to put the sticker on the house and that sticker has
been there for a week and has not been removed. ''If the house is condemned I
would like a signed statement saying from the city office that it is condemned,
but I think it was unfair and unjust to be called out of my home on a Sunday
when there was apparently absolutely nothing wrong and just on the assumption
from the city inspection office that there was, and I would like further on that
inspections be made they have to have a licensed person there with them that
know what they are talking about and know what is going on so these things don't
happen again.''
Mr. Ron Tremblay, Building Official, explained that a petition was
filed early in August 1976 under the Housing Code by five neighbors requesting
that a determination be made if this house is fit for human habitation. The
hearing was set for August 30, 1976 and held at that time. Neither Mr. Braun
nor any representative was present. The house was determined not to be bad
enough to warrant demolition but it was ordered improved in 30 days. Mr. Braun
was sent a copy of the determination and a copy was filed in District Court.
The (Salina) Code states he has 120 days to repair the
Y p property. He said the I
Inspection Office has had no communication with Mr. Braun. He further explained
that if the owner does not make the repairs within 120 days the city has the
authority to go in and make them and assess the cost to the property. Since
that time the Inspection Office has received many calls concerning the condition
of the property. He said he inspected the property the last of April and found j
bare electrical wire clearly jumped across the fuse box which is a violation of
the electrical code and an immediate life hazard. He explained this was all in
the open, with no box and no cover and on the back porch. He said he put a
placard on the house which says the house is unfit for human habitation and you
shall not move into this house until it has been repaired. On the Sunday in
question people were moving into the building even though it had been placarded.
Two families had moved out and two were moving in. He said he has not filed a
complaint on this in court because he has not completed the report on it. He
said there is no record of any permits being issued for the plumbing work which
is supposed to have been done, but it appears there is some work being done on
the house and the whole idea behind the housing code is to get the property
fixed.
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The Commissioners discussed the lack of communication between Mrs.
Vest and the Building Inspector, and asked if she is willing to contact the
Building Inspection Office and have the Building Official prioritize the things
that should be done immediately.
Mr. Tremblay said he will be glad to work with her. Mrs. Vest said
she would not object to calling the Inspection Office and each item on the list
of deficiencies is completed.
COMMISSION AGENDA
"DISCUSS HIRING CONSULTANTS FOR FILING BOR APPLICATION RELATIVE TO
RELOCATION OF BALL DIAMONDS PRESENTLY SITUATED IN KENWOOD PARK". (Sponsored by
Commissioner Weisgerber)
Commissioner Weisgerber - The situation seems to be that with the
progress that we are making on the Bicentennial building it is rather obvious
that the ball diamonds over there will have to be relocated. If we are going to
request BOR funds this request needs to be in by the 31st of May if I am correct,
so time is pretty short. We have had an agreement for planning services with
the same firm that is doing the Bicentennial building to make this application
for us and to proceed with the request for funds and to get the necessary
planning done to get the ball parks moved so they will be relocated when the
Bicentennial building removes those sites from availability. I think, if there
is no objection to this, that we should request our City Manager to proceed with
completing this agreement. Time is of the essence if we are to have this
application prepared and in by the 31st of May. Time is pretty short."
Commissioner Geis - When you speak of relocating the ball diamonds are
you referring to the Indian Rock Park area or just somewhere?
Commissioner Weisgerber - Well - That is a good question. When the
election came along for this building, Indian Rock Park was the site that was
talked about all the time. Of course it is true since then that we have waived
the air rights on the old municipal airport which makes it, I suppose, a possibili
am not sure where we stand on that score. There are pros and cons both ways.
One thing about being farther out is the travel if kids want to bicycle or go in
this way, and it is true that the Indian Rock was the location that was talked
of at the time of the bond election, and the other site at that time was not
available and whether that changes the picture or not, what does somebody else
feel about it. I am not really a baseball man on this particular score other
than feeling that this does need to get done and be moving if we are going to
hopefully get some money to help with this.
Mayor Duckers - I think you are talking about two or three different
things here. One, there is a baseball study committee that was appointed by
Mayor Simpson a month or so ago and they are meeting regularly. Harold Fraiser
is the chairman of that group and they see their charge as to come up with
projected baseball needs. How many softball diamonds, how many slow pitch
diamonds, how many adult diamonds, how many whatever, so they are going to be
presenting to us this thing. But it seems to me that even with the development
of a complex of ball diamonds in lower Indian Rock Park this is only going to
fulfill a part of the needs. I know there are other sites, including the old
airport and even Schilling, that those that are in this business, Don Jolley and
his commission and others who feel that it should be explored as possibilities
in a long range, addressing of the baseball needs. I think the immediate one is
to replace the diamonds that are going to be put out of commission as of this
summer would be replaced in lower Indian Rock Park.
Commissioner Simpson - Well I think they will use them this summer,
this ball season and then it will be the '78 ball season, where we will have the
problem. Do you have to have dollar amounts? Or what has to go with the BOR
application?
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Mr. Olson - Well, there will be some estimated costs, but I think r
primarily, at this time is the architectural concepts and plans and this type of
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thing, the development of plans. The main thing is to get the application into
the hopper with some estimated figures. There will be some estimated cost
figures included in the application.
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Commissioner Geis - I have a copy of the Salina Parks 1967 - 1985 1
think prepared by Bucher and Willis. They have a schematic of a proposal at
that time for Indian Rock. They divided it into two separate portions. It is a
very interesting concept. My only reservations, or my biggest reservation would
be the traffic coming onto Crawford from such a complex or off of Crawford at
that particular point, but certainly...
Mayor Duckers - ... I think that would be part of the engineering that
is going to have to be worked out Dan, but these are esentially going to be
participating diamonds, and not so much spectators although there are parents
that attend those games, but I don't think we envision, or I don't personally
envision it as being huge throngs of people going to ball games any more than
now go to the various neighborhood diamonds.
Commissioner Geis - On Crawford Street though with the traffic that
exists there already simply 100 or 200 cars, that would probably be a bunch, but
that would create a lot of traffic at that particular point.
Commissioner Graves - It will probably be four lane by then.
Commissioner Simpson - Does the City have to submit layouts in the
BOR, or is it flexible?
Mr. Olson - Well we would, but there is a certain amount of flexibility
built in. The prime objective in the application is to obtain the commitment.
Commissioner Simpson - And this is for fiscal '78?
Mr. Olson - Money payable in September which is fiscal '78.
Mayor Duckers - But would allow for Fall and Winter construction and
seeding and ready for play next Spring. This time next year.
Mr. Olson - I don't know if you can get it built that fast.
Commissioner Weisgerber - The others will be gone by that time.
Mr. Olson - I think what I am saying is at one point in time even if
there was concurrence among the recreation participants that next year it may be
possible to have to play on neighborhood facilities.
Mayor Duckers - To get improved permanent facilities they are willing
to cooperate anyway for a year or so.
Mr. Olson - ... if they are built properly. If money is only available
October 1, and you start letting contracts after that, before long it is Thanksgiving
then the ground becomes frozen in December so don't expect miracles on earth
moving and water lines and sewer lines and construction of rest room facilities
and construction of fencing, elevation, grading, dirt work and this type of
thing, there is a lot of work there.
Commissioner Graves - Do we have to get any permission or anything
from the Corps of Engineers? Is there anything we have to do with them on this
since it is the flood plain?
Mr. Olson - We have it.
IIplain. Commissioner Graves - It certainly is to me a good use of the flood
Mayor Duckers - And I think all the rumors should be laid aside that
the Corps of Engineers is violently oppose this because they are not. You can
put underground wiring, you can put plumbing, you can put rest rooms, you can
put roadways. You can do anything other than alter that dike.
Mr. Olson - There has to be systems of construction of course in doing
this so that you don't back siphon or cause pollution in a break or something
like this.
Mayor Duckers - They are not opposed to the utilization of that flood
plain for recreational facilities for the City of Salina at all, and there was a
rumor at one point that we couldn't do any of those things, and that is not so.
They have even come up with schematic drawings.
Mr. Olson - They even have a design man that works with communities in
developing flood plains for recreational parks and these types of things.
think he is full time. He spends a substantial amount of his time working with
various ...
Commissioner Graves - We might start out with his drawings then.
Mr. Olson - We have them.
Commissioner Simpson - Where are we on the selection of a firm to the
parks and recreation study? Have we had inquiries from consulting firms?
Mr. Olson - We will be meeting tomorrow morning at 10:30 on all three
projects so we can verbally explain to them precisely what we are talking about.
Commissioner Simpson - These are firms that are interested in doing
the study?
Mr. Olson - Memorial Hall, Park and Recreation Survey Study, and the
Neighborhood Center in Centennial. These were set up for last week and I thought
I was going to be here, so we set it up for tomorrow.
Commissioner Weisgerber moved that the City Manager be authorized to
sign a contract with Bucher and Willis Consulting Engineers for planning services
for the relocation of ball diamonds. The motion was seconded by Commissioner
Graves. Ayes: (5). Nays: (0). Motion carried.
The Commissioners brought the following items to the floor for discussioi
Commissioner Geis said he read in the paper that the City Attorney has
some information for us regarding the lease arrangement with the County on the
community center area, and I would like to hear what he has to say.
Mr. Bengtson asked the Commissioners to add the consideration of an
addendum to the lease agreement with Saline County on Kenwood Park to the agenda.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to add the consideration of an addendum of the Kenwood Park lease agreement
with Saline County to the agenda for consideration. Ayes: (5). Nays: (0).
Motion carried.
Mr. Bengtson presented the Commissioners with a copy of an addendum to
the lease agreement with the County on Kenwood Park whereby the County would
agree to the construction of the Bicentennial Community Center in Kenwood Park j
in substantially the location as shown on the exhibit, and the City agreeing to
construct the center in substantially the form as on the proposed exhibit, and
in addition to that the City granting to the County and the Fair Association the
exclusive right to use this facility during the Tri -River Fair at a mutually
agreeable rental that would be determined at the time the facility is constructed
and when it is known what portion they want to use. He asked for City Commission
approval of the addemdum.
Commissioner Weisgerber moved to approve the addendum to the lease
agreement with Saline County on Kenwood Park conditioned upon County approval.
The motion was seconded by Commissioner Geis. Ayes: (5). Nays: (0). Motion
carried.
Commissioner Geis asked the City Attorney to update the expired lease
with the County concerning Oakdale Park.
Mrs. Ivy Marsh reprimanded the City for not approving the addendum to
the lease agreement with the County on Kenwood Park right after the bond election
last November.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Graves that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried. r-7�)