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HomeMy WebLinkAboutCity Council-Minutes-7/6/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING JULY 06, 1993 The regular meeting of the city Council of Colleyville was called to order by Mayor Richard Newton on July 6, 1993, at 6:47 p.m. ROLL CALL: councilpersons Jim Moore, Manny Montes, steve McKain, and Cheryl Feigel were present. Mayor Richard Newton, City Manager Bob stripling, Assistant City Manager David I. Draz, Jr., Director of Community Development John Warden, Acting City Engineer Scott Dyer, City Attorney Ross Foster, and City Secretary Jean Harris were also present. councilperson Ed McKnight was absent. The invocation was given by Councilperson Cheryl Feigel after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Oaks and Briarwood paragraph f - Legal - Litigation, Marie Powell Drainage paragraph g - Personnel - Appointments to Planning and Zoning Commission paragraph g - Personnel - Appointments to Sign Board of Appeals Mayor Newton explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, Paragraph e - Land Acquisition, Paragraph f - Legal, and Paragraph g - Personnel. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:50 p.m., and reconvened at 7:31 p.m. RESUME REGULAR MEETING: 7: 30 P.M. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilperson Feigel announced the next Concert in the Park to be held at 7:00 p.m., on Sunday, July 11, 1993, at the City Park Annex. Mayor Newton announced he had met with the D/FW Airport Board and other area Mayors to begin to work through issues of common interest. The Airport Board was asked to send progress reports on Airport issues to are mayors. A Reception was held for incoming and outgoing Councilmembers. Councilpersons Moore and Montes were present and past Councilperson Linda Ahlers was also present. -1- CITY COUNCIL MINUTES JULY 6, 1993 CONSENT: 3. READING AND PUBLIC REARING - Resolution R-93-898 - Consent Items: a. Approval of City Council Minutes of Regular Meeting held June 15, 1993 b. Approval of contract with Peat Marwick to perform the audit for Fiscal Year ending September 30, 1993 c. Approval of agreement with Albert Halff Associates, Inc., for providing temporary staff on a part-time basis until vacant position in the Engineering Department is filled d. Approval of professional engineering service contract with Teague NaIl and Perkins, Inc., Consulting Engineers for the design of Sanitary Sewer Collection System improvements - Phases I and II, Plan A e. Approval of professional services agreem~nt with Landes and Associates, Inc., to perform surveying serVl.ces for the design of drainage improvements north of McDonwel1 School Road (west of Pleasant Run Road) f. Approval of amendment to the Bransford Road professional services design contract with Johnson, Brickell, Mulcahy and Associates, Inc., for the design of sidewalk improvements on Bransford Road, between Glade Road and cottage Oak Lane g. Approval of professional engineering service contract with Knowlton- English-Flowers, Inc., Consulting Engineers for the design of the extension of water lines Mayor Newton opened the Public Hearing and read Resolution R-93-898 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore requested Item D be removed due to errors in the contract. Councilperson Feigel requested changes be made to the City Council Minutes of June 15, 1993, as follows: 1) Item 5 - . . . . she is in support of the concept as it would insure that drainage problems are prioritized by future City Councilmembers and appropriately funded. However, she stated that the rate is still yet to be determined and that she would support a citizens committee to analyze the needs and recommend a rate to the Council. 2) Item 6 - Discussion ensued among the Council regarding Equestrian Trails. councilperson Feigel stated that she had discussed with Alan Linford the need to identify equestrian trails in the Parks Master Plan since this Ordinance makes reference to the use of equestrian trails he had agreed to address the issue with the Parks Board. 3) Item 7 - Councilperson Feigel moved to table this item until a worksession could be held. Councilperson Feigel moved to approve Resolution R-93-898, removing Item D and with corrections to the Minutes as stated. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES JULY 6, 1993 Item D. Councilperson Moore spoke concerning the sewer system referred to in Item D and suggested changes be made to the contract to indicate the portion of the system that is within the City of Colleyville and that the portion of the system located outside the City Limits of Colleyville be paid by a source other than the city. City Manager Bob Stripling suggested approval of the contract with amendments as stated by Mr. Moore. Councilperson Moore moved to approve Item D of Resolution R-93-898. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. PUBLIC BEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-910 - An Ordinance establishing a maximum prima facie speed limit and school zone upon Heritage Road Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 910. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-93-910. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-908 - Zoning change Request, Colleyville Shopping Village, AG to CC, 7.256 acres out of the J. L. Byas Survey, Abstract 180, Tract 2X, 2M, 2V1, 2, 2Z1, 2Z, and 2Y, requested by Metrovest, Inc., 6200 Block of Colleyville Boulevard, east side Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 908. Mr. Bill Krabacher, HKI Architects representing Metrovest, was present to answer questions of the City Council. Discussion ensued among the Council regarding the sewer line connection and the tree ordinance exemptions. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-909 - Special Use Permit Request to sell beer and wine for off-premise consumption at the Texaco located at 4612 Colleyville Boulevard, requested by Gastar Systems, Inc., N. W. Corner of Bransford Road and Colleyville Boulevard Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 909. -3- CITY COUNCIL MINUTES JULY 6, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding control over the permit if the business complies with all City Ordinances, compliance with sign ordinance, parking requirements, right-of-way requirements from the State for Highway 26, right-of-way requirements from the City, curbing at the edge of the pavement between the two street entrances, time criteria, joint use agreement, and the dumpster location. Mr. Gary Gooden, property owner, spoke concerning the posting of gasoline prices, requesting that they remain on the light standard on the street, the widening of Bransford Road, and the proposed landscaping. Mayor Newton took a poll of the Council regarding the establishment of a particular time for conformance. Ayes: Nays: Moore, Montes, and McKain Feigel Mayor Newton took a poll of the Council regarding the signs conforming to the City's Ordinance by the time given. Ayes: McKain, Feigel Nays: Moore Abstain: Montes Mayor Newton explained that the majority of the Council that is present is requesting the Sign Ordinance be complied with; however, the applicant has the option to present his case before the Sign Board of Appeals. City Manager Bob Stripling advised that the City staff would confer with the applicant prior to the regular Council meeting of July 20, 1993, to resolve the issues as stated by the Council. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-913 - Amending the T. U. Electric Franchise to provide for a different consideration Mayor Newton opened the Public Hearing and read Ordinance 0-93-913 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Sonny Rhodes, T. U. Electric, was present to answer questions of the CounciL Mr. Rhodes explained the proposed Ordinance. Discussion ensued among the Council regarding the limitation on legal fees. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-911 - Zoning Change request, AG to R20, 19.64 acre tract out of the H. Hughes Survey, Abstract 656, Tract lA, requested by Scott Sandlin, south side of John McCain Road and west of Caldwell's Creek Addition Mayor Newton opened the Public Hearing and Read Ordinance 0-93-911 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Scott Sandlin, Sandlin Homes, 2100 Jonathan Court, Euless, was present to answer questions of the Council. -4- CITY COUNCIL MINUTES JULY 6, 1993 Discussion ensued among the Council regarding the proposed linear park along the Railroad Track, purchase of adj acent property, and impact on property to the west of the proposed project, and the difficulty that this property presented to an R-20 plat. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-914 - Establishing school zone on Bransford and Glade Roads Mayor Newton opened the Public Hearing and read Ordinance 0-93-914 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 10. READING AND PUBLIC HEARING - Resolution R-93-901 - Approval of the Final Plat of Crossing at Colleyville Phase II, 5.952 acre tract being a replat of Lot 4, Block 1 of the Kroger Addition, requested by Rex Scott, Shadowood Road and Glade Road Mayor Newton opened the Public Hearing and read Resolution R-93-901 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Director of Community Development reviewed the proposed plans for Forest Oak Lane, Ordinance requirements regarding the building of the perimeter roadway, recommendation of the Planning and Zoning Commission, and Plat Note No. 8 regarding the building on Lot 4R, Block 1. Mr. Rex Scott, applicant, was present to answer questions of the Council. Councilperson Montes moved to table this item. councilperson Moore seconded the motion. Councilperson Moore withdrew his second to the motion. councilperson Montes withdrew his motion. City Manager Bob Stripling recommended approval with an amendment to the Plat Note #8 being; "prior to issuing a building permit for Lot 4R, Block 1, Kroger Addition, adequate provisions must be submitted and approved for the construction of proper water extensions, fire hydrants, fir lanes, sanitary sewers, storm drains, and the construction of Forest Oak Lane. These provisions may include the dedication of additional easements, the preparation of plans and/or the construction of water sewer, street, and drainage improvements in accordance with city requirements for Forest Oak Lane from Shadowood Road to the N. E. corner of Lot 4R, Block 1, Kroger Addition. If, prior to issuing a building permit, the right-of-way is abandoned, this Note #8 will cease to be in effect". Councilperson Montes moved to adopt the City Manager's recommendation and approve Resolution R-93-901. councilperson Moore seconded the motion Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. -5- CITY COUNCIL MINUTES JULY 6, 1993 11. READING AND PUBLIC BEARING - Resolution R-93-902 - Approval of Preliminary Plan of Bridalwood Estates, 36.324 acres out of the M. Day Survey, Abstract 406, portions of Tracts 1 and IB; the T. J. RR. Co. Survey, Abstract 228 a portion of Tract lD; and Harwood Homes Addition, requested by Sandlin Properties, Inc., Brown Trail and Cheek Sparger Mayor Newton opened the Public Hearing and read Resolution R-93-902 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the subject property at the corner of Brown Trail and Cheek Sparger. Mr. Terry Sandlin, applicant, was present to answer questions of the Council. Mr. Glenn Lavender, President of the Saddlebrook Homeowners Association, 4219 Green Meadow East was present to answer questions of the Council. He specifically said Saddlebrook had no problem with the Commercial tract being included in the plat. councilperson McKain moved to approve Resolution R-93-902, with the condition that these lots on the west side of Steeplechase Drive with no reasonable amount of buildable area above the 100 Year Flood Plain shall be added to the open space/storm detention area. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-93-903 - Approval of Final Plat of Ashmore #4, 9.265 acres out of the C.C. Doss Survey, Abstract 439, portions of tracts 2B, 2B4, 2B10, and Spuriell Teer Addition Lots 2B and 2A and a portion of Lot 1, and a replat of Lot 10, Block 5 of Ashmore #3, requested by David Bagwell Company, north side of Glade Road and east of Pool Road Mayor Newton opened the Public Hearing and read Resolution R-93-903 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore moved to approve Resolution R-93-903. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-93-904 - Approval of the Combination preliminary Plan and Final Plat of Metrovest Addition, 1.920 acres out of the A. Caldwell Survey, Abstract 331, Tracts 2G and 2H, requested by Metrovest, Inc., south corner of Hardage Lane and Colleyville Boulevard Mayor Newton opened the Public Hearing and read Resolution R-93-904 in its entirety. -6- CITY COUNCIL MINUTES JULY 6, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the variance requests made by the applicant, drainage, enclosed box culverts, waiving escrow, and adjustment of the drainage easement to 20 feet. Mr. Ernest Hedgecoth, Engineer for the applicant, 6012 Ponderosa, was present to answer questions of the Council. Mr. Trey Hager, 402 Arbor Creek Drive, Euless, applicant, was present to answer questions of the Council. Councilperson Montes moved to table this item. Councilperson Moore seconded the motion. It was the consensus of the Council to direct City staff to confer with the applicant prior to the Council meeting of July 20, 1993, regarding the concerns of the Council. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-93-900 - Establishing a Traffic safety Committee Mayor Newton opened the Public Hearing and read Resolution R-93-900 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the qualifications of the Committee members, review of consultant reports, overlap of duties from the Sidewalk construction, and the staff's recommendation. Councilperson McKain moved to approve as worded. Councilperson Feigel seconded the motion. Councilperson Moore recommended an amendment, adding Section 4, stating no City Employee below department manager level shall be assigned as secretary or be required to attend meetings of this committee. Discussion ensued among the Council regarding the proposed amendment. Councilperson Feigel called the question. A vote was held to end debate. Ayes: Nays: Councilpersons McKain, Feigel, and Mayor Newton Councilpersons Moore and Montes The motion failed. Councilperson Moore stated he was ready to vote on the original motion. Ayes: Nays: Councilpersons Montes, McKain, and Feigel Councilperson Moore Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES JULY 6, 1993 TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-93-900 Establishing criteria and regulations for the preservation of trees and vegetative cover, providing minimum standards, criteria and providing for the replacement and replanting of trees that are removed during construction, development or redevelopment There was no motion to remove this item from the table. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF FEASIBILITY STUDY FOR THE OAK CREST HILLS/RUSTIC OAKS PAVING AND DRAINAGE IMPROVEMENT BOND PROJECT Mr. Jerry Roberts, Albert Halff and Associates, reviewed the proposed project including the recommended improvements, basic improvements and the scheduling. Discussion ensued among the Council regarding the financing of the proposed project, completion dates, and road surfaces. Mr. Revvie Green, 5309 Elm Street and Mr. Al Easterling, 5500 Valley View Drive spoke in favor of the $2.3 million project. Mr. Green requested the subdivision choose their own road surface. Mr. Easterling requested the 6" concrete roadway be approved and spoke concerning the creation of a standard for the building of roadways. Acting City Engineer Scott Dyer spoke concerning the street standards that are presently in place. Mr. James L. OWens, 104 Timberline North, spoke concerning the drainage, the trees, buildings, and property that will be destroyed with this project. Mr. OWens recommended a committee be appointed to look at the route the water will be taking when rerouted from Oak Crest Hills and Rustic Oaks to see if an alternate route can be determined where less property and fewer trees will be destroyed. Ms. Jenna OWens, 104 Timberline North, spoke concerning the preservation of the trees. Mr. Dyer explained that a detailed plan is forthcoming and these problems can be addressed at that time. 17. DISCUSSION AND CONSIDERATION OF CONSTRUCTION IMPROVEMENTS CONTRACT FOR COLLEYVILLE NATURE CENTER Discussion ensued concerning the proposed Council Ring, water fountains, Voluntary Park Funds, and Parks and Recreation Advisory Board approval. Councilperson Montes moved to accept the recommendation as proposed. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and Feigel Nays: None Mayor Newton declared the motion carried. -8- CITY COUNCIL MINUTES JULY 6, 1993 18. DISCUSSION AND CONSIDERATION OF AMENDING ORDINANCE 0-89-741 CONCERNING TRANSFERS PROM THE UTILITY FUND TO THE GENERAL FUND Councilperson Moore moved to amend Ordinance 0-89-741 changing Section 5 eliminating the PILOT program effective October 1, 1993; Section 6 eliminating the 2% of Franchise Taxes effective October 1, 1994; and section 7 eliminating the 4% of Gross operating Revenues to the General Fund to be amended as follows: a) the dollar amount transferred shall not exceed that transfer for the fiscal year 92-93, b) the dollar amount transferred for fiscal year 94-95 and subsequent years shall not exceed $50,000, and to have the process to make these changes begin at the regular Council meeting of July 20, 1993, with the third reading being held at the regular Council meeting of August 17, 1993. Councilperson Montes seconded the motion. Councilperson Montes spoke in favor of the proposed amendments to Ordinance 0-89- 741. councilperson Feigel stated she is not comfortable voting on something she has not studied and expressed a concern for what other cities in the area are doing in this regard and whether or not we are in compliance with the Standard Financial Practices. Mr. Russell Kendzior, 3404 Huntington Drive, representing the Colleyville FACTS, spoke in favor of the recommendations of Councilperson Moore. Ayes: Nays: Councilpersons Moore, Montes Councilpersons McKain, Feigel, and Mayor Newton Mayor Newton declared the motion failed. Councilperson McKain moved to defer Items 19 - 26 until the next regular Council meeting. The motion died for lack of a second. Mayor Newton suggested completing Items 19 and 20 prior to adjournment. 19. DISCUSSION AND CONSIDERATION OF AMENDING THE NUISANCE ORDINANCE, 0-91-813, REGARDING NOISE Mr. Brian Bleess, 3508 Fox Meadows Drive, and Mr. Russell Kendzior, 3404 Huntington Drive, spoke in favor of amending Ordinance 0-91-813, not allowing excessive noise after 10 p.m., but in support of City sponsored sports activities. Discussion ensued among the Council regarding the response of Metroplex Covenant Church and adopting noise standards. Councilperson Moore recommended an amendment to Ordinance 0-91-813, adding a Section XVI regarding recreational activities, outdoor and team sports being played between the hours of 10:00 p.m. and 7:00 a.m. Councilperson Moore suggested Mayor Newton call the leader of the Church and ask that they turn the lights out and cease the playing between the hours of 10 p.m. and 7 a.m. Mayor Newton advised that he would contact the Metroplex Covenant Church regarding this issue. -9- CITY COUNCIL MINUTES JULY 6, 1993 20. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION Mayor Newton explained the appointment process and asked for nominations from the City Council. councilperson Moore nominated Mr. Tom Westerman to fill the vacancy on the Planning and Zoning Commission. Councilperson McKain nominated Mr. Tom Hall. Tom Westerman - councilpersons Moore, Montes, and Feigel Tom Hall - Councilperson McKain Mayor Newton declared Mr. Tom Westerman appointed to the vacancy. 21. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE SIGN BOARD OF APPEALS Councilperson Moore moved to reappoint all incumbents, Mr. Greg Foreman, Mr. Gary Ray, and Ms. Claire Edwards. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. Councilperson Moore nominated Mr. Michael Garemko to fill one of the two vacancy on the sign Board of Appeals. There were no other nominations made. Michael Garemko - Councilpersons Moore, Montes, McKain, and Feigel Mayor Newton declared Mr. Michael Garemko appointed to the Sign Board of Appeals. Councilperson Moore nominated Mr. Jack Martin to fill the second vacancy on the sign Board of Appeals. There were no other nominations made. Jack Martin - Councilpersons Moore, Montes, McKain, and Feigel Mayor Newton declared Mr. Jack Martin appointed to the Sign Board of Appeals. It was the consensus of the Council to move to Item #26, forwarding Items #22, 23, and 24 to the Agenda of the regular Council meeting of July 20, 1993. 22. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO METROPORT CITIES 23. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF LIAISON TO THE CHAMBER OF COMMERCE BOARD OF DIRECTORS 24. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF COUHCILMEMBER AS NETS (NORTHEAST TRANSPORTATION SYSTEM) REPRESENTATIVE -10- CITY COUNCIL MINUTES JULY 6, 1993 REPORTS: 25. PLANNING AND ZONING COMMISSION MINUTES ZONING BOARD OF ADJUSTMENT MINUTES There was no action taken on this item. CITIZEN COMMENTS: 26. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 27. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 06, 1993 - Reading and Public Hearing - Resolution R-93-899 Mayor Newton opened the Public Hearing and read Resolution R-93-899 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore moved to approve Resolution R-93-899, approving the bid for construction improvements to the Colleyville Nature Center by Dean Electric in the amount of $422,270, as recommended by City staff; approving the appointment of Tom Westerman to Place 3 of the Planning and zoning Commission; and approving the appointments of Greg Foreman, Gary Ray, Claire Edwards, Michael Garemko, and Jack Martin to the Sign Board of Appeals. - Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, and Feigel None Mayor Newton declared the motion carried. ADJOURNMENT : 28 . ADJOURNMENT There being no further business before the City Council, Councilperson McKain moved to adjourn. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 12:35 a.m. APPROVED THIS ~oij. DAY OF \.L \ y ~ NAYS, AND ~ ABSTENTIONS. by: , 1993, BY A VOTE OF ~ AYES, teo taken ~ni~~d Harris, ~ Secretary ,- -11-