HomeMy WebLinkAboutminutes.council.20060425
Special Meetinl!:
Aspen City Council
April 25. 2006
Mayor Klanderud called the special meeting to order at 4:00 p.m. with Councilmembers
DeVilbiss, Johnson, Torre and Richards present.
Mayor Klanderud explained the Council adopted an emergency ordinance at the regular
meeting last evening to adopt a 6 month temporary moratorium on the acceptance of any
new land use applications seeking a development order for properties located in all zone
districts except affordable housing and residential zones with an exemption for essential
public facilities by a 4 to I vote. Amendments were presented and voted on at the
Council meeting.
John Worcester, city attorney, said 3 separate amendments were proposed dealing with
hiring a consultant and including incentives lodge development, scrape and replacement
development, and a moratorium on all building permits. Worcester noted the packet
includes Ordinance #19, which was the ordinance presented to Council at the April 24th
meeting. There is Version A, which incorporates the consultant and incentive lodge
amendments. Version B incorporates the consultant and incentive lodge amendment plus
scrape and replace. Version C incorporates the amendments in A and B plus a
moratorium on all building permits.
Worcester explained the "consultant" amendment is the moratorium ordinance including
a provision authorizing the city manager to hire consultants to help staff review the land
use code during the moratorium. The incentive lodge amendment was to make sure the
moratorium included any development sought under the lodge incentive section of the
code. Worcester told Council in Section 3, exemptions from any moratorium are listed.
There is a definition of the term "redevelopment application". Worcester said he added
an appeals section to allow applicants to seek relief from adverse decisions of the
community development director. There is also an appeal provision for an applicant to
prove financial hardship.
Worcester said version B incorporates the changes of version A as listed above and
includes the "scrape and replacement" moratorium as discussed by Council in March.
Worcester said this moratorium is on the acceptance of any demolition permits for single
family and duplex development anywhere in the city. The exemptions listed in version A
are included and have exemptions to modify the scrape and replace.
Version C incorporates all the moratorium of versions A and B and also includes a
moratorium of the issuance of any building permit within the city. Worcester said
Council agreed" they did not want this moratorium to apply to minor improvements and
the cutoff has been defined as any development that increases the floor area of a building
would be included in the moratorium.
Councilman Torre said he cannot support a moratorium on scrape and replace projects
and questioned exempting Smuggler. Councilman Torre suggested exemptions for local
community mymbers as well. Councilman DeVilbiss said he does not think Smuggler
will turn into McMansions but that cannot be translated to other zones. Councilwoman
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Special Meetinl!:
Aspen City Council
April 25. 2006
Richards said the amendments were presented in order to be able to have public
comment.
Mayor Klanderud opened the floor for public comments.
Milton Zale said he is opposed to the emergency aspect of this ordinance. Craig Ward
said this will have a huge impact on the community. Gwen Dickinson said she cannot
understand the emergency aspect, the public safety. Ms. Dickinson said there was a long
process to get where Aspen is today. Ms. Dickinson said systems are in place to take
care of health, safety and welfare. Anne Wycoff said development has been proceeding
too rapidly; there seems to be a frenzy of developments. Ms. Wycoff said this frenzy
may be endangering what makes Aspen unique. Ms. Wycoff said she supports Aspen
evolving but at a less fast pace.
Les Holst stated the issue is preservation of community and community of Aspen as an
ideal. Community is about people, not development. Holst said it is Council's job to
preserve the Aspen ideal and the community. Joshua Saslove said he is concerned about
the trickle down effect of a moratorium on the entire community. People have made
investments and plans on the rules in effect at the time. John McCormick said Council
needs to listen to all members of the community. A moratorium is not the manner to
address the problems of the community. Bruce Hatch said a moratorium might buy 6
months to stimulate a community discussion to think about development and then move
ahead. Without a moratorium, the building momentum will continue until Aspen is
overbuilt.
Ed Foran said every person in this room and every employee and every second
homeowner is part of the lifeblood of the community. Foran said there are unintended
consequences and one would be to cut off that lifeblood. Eric Cohen said he worked on
the infill amendments and does not think they should be thrown away in one day. Cohen
said if one respects the public process, they should have an aversion to a moratorium with
no public process. Cohen said the public process was done with the infill amendments.
Dwayne Romero said everyone is in favor of evolutionary development and change with
measure and pacing. Romero said he feels the development community has the interest
ofthe community at heart.
Bob Daniel said Council should consider process, a definitive time line with a plan and a
strategy. There should also be preparation. Daniel said the Entrance to Aspen is a
fundamental issue for the entire community and the moratorium will not address that
problem. Public projects should be part of the moratorium. Bill Stirling said people
came to Aspen because it was a great place. Aspen has evolved into becoming a
commodity. The community is feeling overwhelmed by the intensity of construction
activity. There is an increasing sense ofloss of the last great good places.
Debbie Braun, ACRA president, said this is a difficult decision for Council. Ms. Braun
told Council she e-mailed the ACRA membership requesting their thoughts on the
proposed moratorium. Ms. Braun said a lot of members are out of town for this action.
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Special Meetinl!:
Aspen City Council
April 25. 2006
Fred Peirce said it is appropriate for Council to review zoning to make sure it is suitable
for the community. Several years ago, staff and P&Z met with neighborhoods to see if
the zoning worked for them and changes were not recommended at that time. Peirce said
he does not feel an emergency exists. Gene Hyder stated he is against this moratorium
and Council should consider development on a case by case basis.
Mick Ireland said Pitkin County has $1 million residential property per capita, which is
more than twice anywhere else in the state. Ireland said there is an emergency, set in
motion by economic forces and entities with a lot of money. Ireland said without a
moratorium, the city will be forced to process applications under the laws they do not
like. Ireland said in Aspen 100 units in one year is a tremendous impact on the
community and generates expectation there will be similar levels of development.
Ireland said the Council has the opportunity to limit and pace development; however,
without a moratorium, they will not be able to do that.
John Olson said there is a process to be followed. Olsen urged patience on whatever
action is taken. The moratorium is a knee jerk action. John Kelly said no emergency
exists when it takes 8 weeks to get a building permit. Kelly said there are not many
single family and duplex structures left undeveloped in the city. Kelly said those
property owners should be able to redevelop. Kelly said a moratorium is a bad idea, Herb
Klein said he does not think the moratorium is a good idea. Klein said the city has a
quota system and they should have the data on what has been applied for in order to get a
sense of whether this is an emergency or not. James Lindt, community development
department, told Council there have been about 15 residential applications out of an
available 18 and no commercial applications.
Peter Fornell said everyone worked hard on the infill process and Council processed code
amendments on a zone by zone basis, which incentivized some development. Bill Lipsey
said it is hard for leadership to understand what the citizens oftown want to do. Council
often hears one side of an issue. Lipsey suggested another location for Council to invite
the community to an open mike, advertised meeting and let everyone talk before any
decisions are made.
Stan Hajenga, Mountain Chalet, said the community spent 2-1/2 years establishing the
lodge amendments to help save small lodges. Hajenga said this process eliminates people
from commenting because many business owners are not in town. Hajenga agreed there
is merit to relooking at some recent code amendments; however, there is a process in
which to do that. Hajenga said there are other things the city can do and not adopt a
moratorium.
Stan Clauson told Council Aspen has remained interesting, existing and worth coming to.
One cannot freeze a town. Council can create methods to encourage redevelopment in
ways they want to see happen. Clauson said he does not feel the bullet points in the
ordinance listing the reasons for the emergency are adequate. Clauson said lodge
occupancy rates are up, skier visits are up and sales taxes are up, Clauson said the
community looked at the infill code amendments as essential to bring the renewal of the
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Special Meetinl!
Aspen City Council
April 25. 2006
community. People need to be able to move forward in a consistent manner in order to
do a good job. Clauson stated he does not believe there is an emergency.
Michael Hoffinan said this will cause negative disruption to most of the people in town.
A moratorium will undermine the citizen's faith in the land use code and in the
governmental process. Hoffinan said the infill regulations were the result of a thoughtful
five year process. Paul Taddune said Council should look at the negative consequences
of a moratorium and it may affect the opportunity for revitalization of some projects.
Taddune said Council should look at items in the AACP that they want to encourage.
Robin Schiller said a moratorium on building permits will affect projects that have
already received approval from Council. There are projects that have spent years and lots
of money on receiving those approvals. Schiller said in a seasonal economy 6 months is
a long time. Dale Paas said his property is part of the aging bed base of Aspen. Paas said
he worked with small lodges and with the community to enact amendments to encourage
redevelopment. If this project is postponed, it may affect the intent of their project.
Tim Semrau said he is interested in good governance and leadership that will bring the
community together. Semrau said the city spent years on infill and there has not been a
project reviewed under those regulations. The projects that have been reviewed have
been PUDs. Semrau stated it is incumbent for Council to get the correct facts. One of
the reasons for the emergency ordinance is traffic levels. Semrau said these levels have
remained the same for years. Another reason for emergency action is that the city is not
meeting to goal of housing 60% ofthe work force in Aspen. Semrau noted the city has
been working on affordable housing for years and has not yet met those goals. Semrau
suggested Council bring the community together and get all the facts on the table.
Gerald Grayson said he is just about to get a building permit having gone through the
process in an organized way. A moratorium on building permits would cause a large
hardship. Jerry Bovino said everyone wants the best for Aspen. There are fluctuations in
construction and in economics. Bovino said people are expected to follow the rules and
the city should not change them and should follow those rules. Richie Cohen said he did
not support the infill amendments; however, the city approved those amendments and is
seeing the results of it. Cohen said adopting a moratorium is saying to people forget the
rules and don't rely on them. Cohen said the moratorium is a mistake. Toni Kronberg
said she supports a moratorium for 3 months so Council can take time to clean up the
land use codes. Ms. Kronberg said one should not lose sight of why people moved here
or come here to visit. Ms. Kronberg noted almost every view from Main street has been
obliterated.
Mayor Klanderud thanked everyone for coming and noted the city is planning a
community forum.
Charlie Tarver said a lot of people spent a lot of time on infill and it would have been a
big help if people had spoken up during those hearings. Tarver said people in the town
have a history of not being part of the solution but bickering about whatever solution is
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arrived at. Ruth Kruger, P&Z member, reminded Council in 2000, there were 30
vacancies in commercial real estate down town. There may be 6 vacancies now. Ms.
Kruger said the city hired Frick and Beer to report on the resort and recommendations for
vitality. Ms. Kruger said real estate and the economy are cyclical. The robust economy
has fueled building. Ms. Kruger said the land use code amendments should be tested
before going with another emergency ordinance. Ms. Kruger said this is reactionary and
may cause property values to go up.
Brain Speck, P&Z, said this is an inappropriate way to take a breath and slow down; there
are decisions that have been made that are heading the community in the right direction.
Dylan Johns, P&Z, said he though the infill code amendments seemed like a good
solution to accomplish some of his personal goals, like affordable housing. Johns said
the rules may need to be tweaked to get more of what the community wants. Johns said
the moratorium is a drastic step. Johns said hiring an outside consultant to help review
the code is a good idea.
Mayor KIanderud stated the infill process did take 5 years to finalize. Originally a
citizens task force was appointed, who made their recommendations to P&Z. P&Z spent
18 months reviewing those amendments, approved them and forwarded them to Council.
Council felt the entire infill code amendment was too large and broke the infill code
amendment into sections and reviewed each one and held public hearings and adopted
them one by one.
Councilwoman Richards thanked everyone for coming and for their thoughtful
comments. Councilwoman Richards stated she believes in a lot of the premises behind
the infilllegislation. Councilwoman Richards noted building and economies go through
cycles and infill was developed during a down cycle. Councilwoman Richards said she
feels some of the incentives adopted were overly generous. There have been profound
changes in Aspen's market value over the last 2 years. Councilwoman Richards noted
there have been comments made about the emergency nature of this moratorium.
Councilwoman Richards said moratorium is a tool for communities to develop land use
planning; it has an effect of freezing them, closing the door on new applications.
Councilwoman Richards said if a community feels the need for changes, this stops
applications from coming in to be reviewed under a code the Council feels should be
amended.
Councilwoman Richards said any legislation of actual changes will go through the entire
procedure, research, outside consultant, P&Z and public hearings. An emergency
ordinance has the intention of shutting the door to allow a community to review the code
and to hear proposed code amendments. Councilwoman Richards noted the city's
progress report contains the top 10 goals for 2006; goal #3 confirm or amend the infill
lodge code amendments and #4 is confirm or amend the allowable pace of growth and
consider regulations to slow the pace of redevelopment. Councilwoman Richards stated
there is a need for a moratorium and a community time out.
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Special Meetinl!
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Councilwoman Richards listed all the projects already approved and not yet built or
under construction and a list of projects in the application stage. Councilwoman Richards
stated she supports a moratorium on accepting new applications. There is plenty of work
for construction crews within approved projects. Councilwoman Richards said the rate of
growth is one of the primary reasons to examine the land use code, the amount of growth
and how it is paced. Councilwoman Richards said she feels 28,000 square feet of
commercial growth/year is too much. Council recently cut the growth rate from 37
residential units to 18 residential units/year. Councilwoman Richards said she has found
out that subdivisions do not count toward the 18 units/year. Councilwoman Richards said
she feels the process has to be thorough and cannot be rushed. Councilwoman Richards
agreed communities have to change and to grow. Councilwoman Richards said any
changes in the land use code will have to serve the community into the future.
Councilwoman Richards said everyone has been to towns that have too much building
and kills the community. Councilwoman Richards said the city has only one chance to
get this right and she is willing to go through community comment and review to make
sure this is right. Councilwoman Richards stated she supports a moratorium on new
applications but not on residential building permits. Councilwoman Richards noted
Council has already asked staff to work towards developing a pacing mechanism on
single family residential development. Councilwoman Richards said she does not
support a moratorium on projects already approved. Councilwoman Richards said she
will support Ordinance 19-A with the consultant and the infilllodge code amendments.
Councilman Johnson said he reviewed the infill code amendments as a P&Z member.
Councilman Johnson said the infill code amendments recognized the code requirements
were onerous and were preventing redevelopment. Councilman Johnson stated infill was
a way to increase vitality by allowing increased heights and density in exchange for
affordable housing in the commercial core and for maintaining locally serving businesses.
Councilman Johnson said as enacted, the code is not getting the goals he supported.
Councilman Johnson said he wants affordable housing downtown and he would like to
discuss a way to replace locally serving businesses that are being lost.
Councilman Johnson noted he bases his land use decision in the land use code. The land
use code should be a codification of the Aspen Area Comprehensive Plan. Councilman
Johnson said the applications he has seen this year do not get the community anywhere
closer to the stated goals. The code does not help meet the affordable housing goals and
it seems tobe going backwards. Councilman Johnson stated the code does not help
maintain or replace locally serving business or help the small lodges. Councilman
Johnson said under infill regulations, the city is getting minimal increases in lodge rooms
and maximum increases in the free market residential economic drivers. Councilman
Johnson stated he cannot support that and does not feel that will take the community into
the future.
Councilman Johnson said the changes he seeks are to make changes to the infill
amendment and to bring it in line with the AACP goals and the goals ofthe economic
sustainability report. Councilman Johnson stated he understands when community
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members say they want to rely on the code and a moratorium causes concern about
trusting government. Councilman Johnson said stated the overall need for a moratorium
exists. Councilman Johnson stated he supports Ordinance 19-A with the lodge incentives
and the consultants.
Councilman DeVilbiss agreed a moratorium is a drastic remedy, to which he has given
substantial thought. Councilman DeVilbiss noted there is a goal of housing 60% ofthe
work force in Aspen, which is stated in the AACP. Councilman DeVilbiss said in an
effort to incentivize lodge development, the affordable housing mitigation was cut in half
to 30%. Councilman DeVilbiss said he is troubled that 25% of a lodge development is by
right free market. Councilman DeVilbiss said he does not like the 42' height allowance.
Councilman DeVilbiss stated he would like to see realistic cash-in-lieu payments.
Sections of the infill are vague and subject to interpretation. Councilman DeVilbiss said
he does not agree that a PUD can cover two different pieces of property.
Councilman DeVilbiss said scrape and replace development requires nothing other than a
building permit. Councilman DeVilbiss said he does not have the votes for a moratorium
on that but would like to see it addressed. Councilman DeVilbiss noted a e-mail dealing
with local governments saying no to Hummer houses and a local government that has
adopted rules that limit the maximum size of a single family house to 2500 square feet,
25% larger than the home that was removed or a .4: I floor area ratio for the lot.
Councilman DeVilbiss withdrew his suggestion for a moratorium on scrape and replace.
Councilman DeVilbiss said projects that are already approved can be issued a building
permit and he would like that projects in the pipeline but not yet fully approved cannot
get a building permit. Councilman DeVilbiss stated he can support that compromise.
Councilman DeVilbiss supports the consultants and incentive lodge and added an
amended building permit moratorium. Councilman DeVilbiss said if a project has not
received final approval, it would not be eligible for a building permit.
Worcester said the terminology from the land use code would be a project that has
received a development order, which is a prerequisite for apply for a building permit.
Mayor Klanderud asked about projects that have approval but do not have a development
order. Worcester said the issuance of a development order is administerial and does not
issue until all the land use approvals are obtained. Mayor Klanderud asked if final
approval would be the cut off point. Worcester said if one is eligible for a development
order, they could file an application for building permit. Councilman Torre stated he
cannot support a moratorium on building permits until he knows where the cut off is and
what type ofprojects would qualify and what would not. Councilman Torre said his
concern is people's time, money and hard work. Councilman DeVilbiss said if the only
thing between an applicant and a building permit is administerial review, they could get
their building permit.
Councilman Johnson said if Council has given approval in a Council meeting, regardless
where it is after that, a building permit can be issued. Worcester reiterated if a project
has received all land use approvals they need in order to receive a development order,
they may proceed to a building permit. Worcester noted there is a break in the code
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Special Meetinl!
Aspen City Council
April 25. 2006
when a person is eligible to receive a development order. One cannot apply for a
building permit unless there is a development order, which requires all land use approvals
be completed.
Councilman Johnson asked the effect of the moratorium on lots at Burlingame.
Councilman Johnson said he can support the building permit moratorium because
Council is concerned about how many projects are going on at the same time. If Council
is going to take steps to change the rate of growth and to change the proximities of
projects and how much the community can tolerate, there are certain projects in the
pipeline that will be affected. These projects may be reviewed and may be approved or
not. Ifthere is no moratorium in place until such time as the code has been changed
sufficient to regulate the pace of growth, there is the possibility of at least two summers
of mega construction.
Councilwoman Richards said the ordinance could be written so there is a moratorium on
the issuance of building permits for projects that are currently in the pipeline to be
reviewed under current code. Councilwoman Richards said single family residences
could be exempt. Building permits can issue for projects within the zone district listed in
the ordinances that are not single family houses if they have cleared Council.
Councilwoman Richards said Council should define the intended outcome of the building
permit moratorium on applications in the review process and whether it is to hold them
until a construction management program and impact mitigation have been completed.
Mayor Klanderud said she received a letter from owners of a mom and pop construction
company stating if there is a moratorium, their company is finished. Mayor Klanderud
said there are unintended consequences about adopting a moratorium. Mayor Klanderud
said the community development department has been working with the construction
community to implement ways to lessen construction impacts on the community. Mayor
Klanderud stated she is concerned about the effects of a moratorium on the construction
community.
Councilman Torre stated he can support version A of the Ordinance with amendments.
Councilman Torre said the PUD process has put an undue subjectivity on the process.
This moratorium will increase fairness to level people's expectations about what the
community desires and is willing to absorb. Councilman Torre stated he will only
support a 6 month moratorium and will not support an extension.
Mayor Klanderud said there has been much cooperation in the community over the last
several years with the economic sustainability committee, with the infill task force, work
with the contractors to try and come up with a construction management plan. Council
has discussed a broader community forum, which is in the preparation stages. Mayor
Klanderud said the city just began work on the Entrance to Aspen and the 1997 final EIS
is undergoing a technical re-evaluation, which should be complete by the end ofthe year.
There will then be community input to find a solution on which the community can agree.
Mayor Klanderud stated previous moratoria and the land use codes have helped to
preserve a beautiful community. This has been a result of much community work.
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Aspen City Council
April 25. 2006
Mayor Klanderud noted the high price of real estate in this valley is due to the beauty of
this area, the eclectic mix of creative and committed citizens, and supply and demand.
Mayor Klanderud said an unintended consequence of the moratorium may be to affect
real estate even further.
Mayor Klanderud agreed on the need to preserve locally serving businesses. Mayor
Klanderud said both the AACP and economic sustainability report indicate the
community should house 60% ofthe employees. Mayor Klanderud said the private
sector as well as government should address this. Mayor Klanderud said she feels the
reasons stated for an emergency ordinance are more perceptual and anecdotal than actual.
Council took a 20 minute recess to allow staff to present amendments to the ordinance.
Lindt told Council the intent ofthe proposed added language would be to prohibit new
building permit applications in the zone districts listed in the ordinance with the
exception of single family and duplex applications in those zones on vacant lots or
replacement development. Lindt said the amendments allow for a land use application
for a development order for growth management administrative review for development
of single family and duplexes. Lindt said projects that have Council approval in these
zone districts will have the right to apply for a building permit. Lindt stated land use
applications submitted prior to today that do not have a development order, have the
ability to continue through review under the current code but may not apply for a
building permit until the end of the moratorium.
Worcester outlined the changes; a new Section 2 reading, "Moratorium on the issuance of
building permits. There is hereby invoked a temporary moratorium on the issuance by
the community development department of any building permit for the development with
the RMF, RMF A, CC, C-I, SIC/I, NC, MU, L, CL, LO, LP zone districts in the city of
Aspen that would have the effect of increasing the floor area of any building. The floor
area shall have the same meaning in this ordinance as the definition ofthat term as set
forth in Section 26.104.100 of the Aspen Municipal Code"
New section 3 will have a new bullet point under land use applications exempt from this
temporary moratorium "administrative growth management review applications for
single family and duplex development pursuant to Section 26.470.040(b)(l) ofthe Aspen
Municipal Code." At the end of that section an addition to read, "applications for
building permits exempt from this temporary moratorium shall be as follows: building
permits for projects will not have the effect of increasing the floor area of any building;
building permits for single family and duplex development".
Councilwoman Richards asked about an appeals process. Lindt said there is an appeals
process outlined in the ordinance and there are 2 different ways to appeal. One is to
appeal a determination by the community development department that one are caught in
the moratorium; the other is a hardship appeal.
Councilwoman Richards asked the desired outcome of the moratorium on building
permits. Worcester suggested adding an additional whereas clause that one ofthe reasons
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Aspen City Council
April 25. 2006
to include the issuance of building permits is that the city is reviewing a pacing system
for the issuance of building permits. Councilman Johnson said all Council shares
concerns about pacing and the rate of growth in Aspen. This should be the first task
tackled. Councilwoman Richards suggested developing the scope of work for the
consultants and to identify the areas of the code Council would like to see address.
Councilman Johnson moved to adopt Ordinance #19, Series of2006, on second reading
with the amendments as noted above; seconded by Councilman DeVilbiss.
Councilman Johnson said his actions were not undertaken without good cause.
Councilman Johnson stated it is necessary to take this action. Mayor Klanderud agreed
changes are necessary in some sections of the land use code. Mayor Klanderud said she
does not believe an emergency exists. Mayor Klanderud said she would have preferred
to work with the community to get the desired results rather than to pass a moratorium.
Councilwoman Richards stated she feels this is an appropriate time to stop and review to
make sure the code is getting what the community desires. Councilwoman Richards
noted single family and duplexes are not affected; projects already approved are not
affected. Councilwoman Richards stated there are hundreds of thousands of square feet
of construction already approved and not yet built.
Roll call vote; Councilmembers Torre, yes; Johnson, yes; DeVilbiss, yes; Richards, yes;
Mayor Klanderud, no. Motion carried.
Councilwoman Richards moved to adjourn at 8:35 p.m.; seconded by Councilman Torre.
All in favor, motion carried.
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