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HomeMy WebLinkAbout1973 08-06 CCM Regular Session MINUTES OF THE PROCEErINGS OF THE CITY COUNCIL OF THE CITY OF EROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 6, ICS - 73 CITY HALL Call to Order The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:35 p.m. Roll Call Mayor Cohen, Councilmen Fritts, Kuefler and Fignar. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer, and Administra- tive Assistants Daniel Hartman and James Lacina. Approval of the minutes for July 23, 1973 was deferred until later in the meeting. Report of Housing The City Manager introduced the first itern of business Steering Committee stating that Councilman Fignar's Housing Steering Com - Recommending mittee was prepared to report to the Council a recommends- Establishment of tion for the establishment of an advisory Housing Housing Advisory Commission. He commented the Committee's recommends Commission tion had been reviewed and endorsed by the Planning Commission with specific reference to the Committee's proposal that the Planning Commission's neighborhood advisory groups also serve as neighborhood sounding boards regarding housing matters. Councilman Fignar then reviewed the report of the Com- mittee dated T une 19 1973 which p ro p osed th-o creeat -on of a citizens advisory Housing Commission. Councilman Leary arrived at 7:40 p.m. Following Councilman Fignar's review of the Committee's recommendation an extensive discussion ensued regarding the proposed duties and responsibilities of a Housing Commission. The Mayor commented as to the provision for the compo- sition of the Commission and the residency requirements. Councilman Fignar then called upon Administrative Assistant Daniel Hartman to review a map outlining the established Comprehensive Plan neighborhoods. Mayor Cohen then recognized Planning Commission Chairman Robert Jensen, who offered comments relative to the participation of the neighborhood advisory groups in the review of housing matters. He stated that there was a definite need for an advisory body which would be nrimaril, concerned with the housing needs and solution of housing problems in the City of Brooklyn Center. Councilman Fignar then noted that Mars. Nelson, lvirs . Furgeson, and Mrs. Hastings, members of the Housing Steering Committee, were present, and the Mayor recognized Mrs. Hastings who offered comments as to the work of the Committee. An extensive discussion ensued regarding the functions of the Planning Commission and the Housing Commission as they relate to housing matters. The City Manager clarified that the intent of the proposal was that all housing items -1- 8 -6 -73 r would nct be brought before the Planning Commission and the Housing Commission. He stated that the intent was for the }lousing CorwrUssion to review the general matters of the City's hoi4sl ig re ids and problems, as well as housing and redeve.lcpment concepts. He explained that this could be done jointly, but that the Planning Commission was the designated body for site and building plan review for specific projects proposed by private developers. In response to the Manager's concepts, Mrs. Nelson stated that the Steering Committee had recognized this division of function, emphasizing the joint review of concepts, with the Planning Commission oriented towards the review of construction plans. She stated, however, that the Committee fait there was a need for specific guidelines in this regard. The City Manager recommended that the Council direct a resolution establishing an advisory Housing Commis- sion. Action Accepting Following further discussion there was a motion by Report and Directing Councilman Fignar, seconded by Councilman Kuefler to Resolution Lstabl.ishing accept the report of the Brooklyn Center Housing Steering Housing Advisory Committee and to direct the staff to prepare a resolutio:1' Commission establishing an advisory Hous Commission to the City Council. Votinu in favor were: Mayor Cohen, Council, men Leary, Britts, Fignar, and Kuefler. Voting against:. none. The motion passed unanimously. Public Hearing on The City Manager noted that a public hearing had been Proposed Housing scheduled to consider the establishment of a Brooklyn and Redevelopment Center Housing and Redevelopment Authori�.y. He com Authority mented as to a, draft resoluti n which was available for the first of two required reauings in the event the Council so chooses. He recommended, however, that the City Council hold the public hearing and continue consideration of the resolution, to a subsequent meeting, The Mayor reviewed efforts by o. communi ties. the state, and the Metropolitan Council to provide for variou types of effective Housing and Redevelopment Authorities He stated the successful request by the Cit,� to the State Legislature to permit the adoption of a Housing and Redevelopment Authority, which would be comprised of the City Council, represented an honest effort to respond to the developing need for a housing program in the City. He stated that it was a valid approach which could be recognized as such by state and metropolitan agenciFa . The City Ti:anager noted his concern with various aspects of the wording of the resolution, commenyUng that certain provisions were included iii response to statutory requite° ments, even though there was some question as to their relevancy. Mayor Cohen responded that the basic intent was to establish a structure for a deliberative body which could proceed with necessary research, -And programs. He suggested that a first reading should be held and that a second reading could be deferred to allow further evaluation cf relevant data. T i1P Cit ,i :'ti^ sr i:.!1 }er e. ci,rcv.as .on Which 1 - ',ad held with lair. ja ::ias Soiem, Director of the Office of Local -2- 8• -E -73 r and Urban Affairs of the State Panning Agency, regarding the need for and relevancy of ,lousing and Redevelopment Authorities today. He stated that given the status of federal programs concerning housing, establishment of HRA was in some respects an exercise in futility. He explained that there x;taa a mu;ur change anticipated in the direction of federal participation in housing problems and that new approaches apparently do not require imple- mentation through HRA's . Mayor Cohen asked if any citizens were present who wished to comment on the Housing and Redevelopment proposal and he recognized Repres.,tative Ernee MacArthur, who commented as to the concern of the Legislature during the last session as to housing. Mayor Cohen noted that no other citizens present offered com- ments . During further discussion Councilman Britts stated he would like a response at an ensuing meeting to the following questions: What would the establishment of a Housing and Redevelopment Authority mean for the City at this time? Is any money currently available for effective housing programs? And if money is available, how might these funds be made available to individual citizens, particularly with regard to fix -up and mainte- nance efforts for existing housing? Action to Defer Following further discussion there was a motion by Further D:scussicr: Councilman Fignar, seconded by Councilman Britts to of Housing and close the public hearing and defer further consider•a ;.on Redevelopment of the establishment of a Houslzng and Redevelopment Authority Authority until an ensuing rn,ee , ing so that further data could be developed, including input from the State Planning Agency relative tc th , feasibility of the estab- lishment of Housing and Redevelopment Authorities at this time. Voting in favor were: TMayor Cohen, Council- men Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. Consideration of The City Manager explained that the next item of business Sidewalk Construction was the award of the bid for sidewalk construction Project 1973 -F Award Contract No. 1973 -F. He commented that bids had been opened earlier in the day end that a draft resolution wa.3 before the Council relative to this conttract. He noted that the contract had been designed Zo accommodate the deferral or elimination of a s=pecific project as may be determined by the Council. The Director of Public Works explained the scope of the subject contract. He reviewed the development of the walkway system, noting the provisions in the Compre- hensive Plan based upon proposals by the neighborhood advisory groups and the Planning Commission. He reviewed the Council efforts to establish priorities on a walkway system and noted the.progress of the construc- tion to date. The Director of Public Works also commented as to a meeting held with resident, along 55th Avenue North, who had indicated an objection to installation of sidewalk along that street west of Logan Avenue. Mayor Cohen noted the petition submitted by residents along 55th Av enue North, and stated that given tha neighborhood concern, the Council might consider the possibility of deferring construction of that segment of -3- 8 -6 -73 r the walkway network until the next construction season. He stated that this would allow a period of time wherein various neighborhoods throughout the City could revview, specifically deferred sidewalk deferrals and participate in the formulation of solutions. The City Manager stated that the entire concept of the walkway network had been based upon input from the neighborhood advisory committees. He commented that there was obvious value then in consulting with such groups again. The Mayor agreed, noting that new people had moved into the various neighborhoods and that meetings of the neighborhood groups in the ensuing year would provide them an opportunity to state their position- Councilman Kuefler stated that he felt there was a need to review the goals of the walkway system, noting the recent concern of various neighborhoods as refleci ed in received petitions. The City Manager commented that it should be noted, however, there have been requests by citizens for walk ways in areas of the City which were not on the estab- lished network. Councilman Kuefler stated that, in fact, he had received a petition that evening for a walkway it such an area. Mayor Cohen then recognized Mr. Charles Nichols, 4812 Lakeview Avenue North, who commented as to his concern relative to pedestrian safety in crossing the Brooklyn Boulevard bridge over Highway 100. Mayor Cohen then noted that a number of the residents on 55th Avenue were present, and he recognized several persons who stated they felt a review of the established priorities was desirable. Action Deferring Motion by Councilman Fignar, seconded by Councilman' Consideration of Britts, to delete from the contract that portion of Project Walk Construction No. 1973 -26 lying west of Logan Avenue and to defer Along 55th Avenue North that walkway installation for review and possible incluT west of Logan Avenue sion in the 1974 program. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fign&r, and Kuefler. Voting against: none. The motion passed urunimouslyT RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -135 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SIDEWALK CONTRACT 1973 -F) The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof Philip Cohen, john Leary, ,Maurice Eritts, till Tignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Consideration of -The next `item of business was introduced by Councilman Disorderly Conduct Britts who stated that he had become aware of a seriouq at Twin Lake Beach problem involving the activities of a number of adoles Park cents and young adults at the Twin Lake beach. He stated residents had complained to him and to the polide of nuisances, vandalism, harassment, and-noise gener- ated by persons at the park; and,, it was apparent to him. that the problem was intensifying. ° He stated that -4- 8 -6 -73 through personal observation he felt most of the persons responsible were not from Brooklyn Center. He noted that a number of residents in the area were present. Mayor Cohen recognized several of the residents who stated that there vies a fear on the part of many residents to go to the beach, particularly in the early evening because of abusive language directed against them, heavy traffic in the area, and the peeling that there was generally a dangerous environment in and around the park. Others commented that there was a definite need for intensified surveillance by police, and that the current level of patrolling was not adequate. The comment was offered that the park area on the beach of lower Twin Lake in Robbinsdale was apparently closed at 10:00 p.m. each evening and apparently the stragglers from that area proceeded to the beach area in Brooklyn Center. Mayor Cohen inquired whether closing of the park at a given hour would be the solution. Other residents commented as to the generation of high -speed traffic in the area and the intensity of noise created by people traveling to and from the park. Other residents com- mented as to the heavy drinking by young people at the park, as well as the possible use of drugs. Councilman Britts noted- that there was extreme concern by the residents in the area and there was a need for City action to resolve the problem. The City Manager responded as to the perceived drinking problem, that since the Legislature had seen fit to lower the drinking age and since laws which held drunkenness as illegal were rescinded, police were in a particularly diffirt,lt position to simply clear the area because of such activities. He noted that while public obscenities and abusiveness could be deemed illegal nuisances, it was virtually essential that the specific situations generating the complaints in this regard must be observed by police. He noted the possibility of establishing a curfew as pro- vided in the ordinance and stated the police then could be charged with enforcing this curfew and the park area would be cleared at a designated time. Action Authorizing Following further discussion there was a motion by Establishment of Councilman Britts, seconded by Councilman Fignar to Curfew at Twin Lake direct the City Manager to establish a curfew as pro- Beach Park vided by ordinance at the Twin Lake Beach Park. Voting in favor were: tiaayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion, passed unanimously. Recess The meeting recessed from 10:00 p.m. until 10;20 p.rr:,. Planning Commission The next item of business was consideration o; Plan« i -ag Application No. 73021 Commission Application No. 73021 submitted by Orville (Orville Wilda) Wilda. The item was introduced by the Director of Planning and Inspections, who reviewed the Planning Commission minutes for July 19 and August 2, 1973. He stated the applicant was seeking approval of a prelimi- nary plat for a parcel located at 6732 Lyndale Avenue North. He a - v3lained that while the proposed plat com- plied with rninimum dimensions outlined in chapter 15 of ..5_ 8 -6 -73 r the City ordinances, there was a need for a variance action which would acknowledge an 18 foot deficiency from the newly established property line to the existing house. He stated that the applicant had certain objections to the design of the proposed plat, which had been altered from the original proposal so to conform to the minimum sub- division standard of the ordinance. Mayor Cohen recognized Mr. Wilda who stated that the location of the property line as indicated would require him to either substantially revise his driveway, or to encroach upon the new parcel, since he required a sub - stantial turnaround area at his rear yard to back his car out of the garage, turn it around, and drive it forward unto Lyndale Avenue. He stated that the proposed plat did not indicate certain topographic features of his plan which dictated a certain mode of maneuverability in getting his car turned around". Mr. Wilda stated that he would prefer to submit a revis 3 plan to the Commission and Council. The City Manager stated that if the applicant were to propose a revision, the City would need various data which would establish the applicant's contentions. He noted, howevsr, th At it appeared the new property line might be adjusted in such a manner that no further variance action would be required and the subdivision requirements still would be met. Mayor Cohen then inquired whether any notified property owners were present and he recognized Mr. Fred Nelsen, 6728 Lyndale Avenue North, who inquired as to the minimum subdivision standards. The City Manager responded that with regard to the parcels of land in the subject neighborhood, each subdivision request had to be reviewed and evaluated on its merits. He noted that the City strived for the development of lots which met at least minimum standards, but that when circumstances warranted, variance actions were sometimes necessary. The Mayor also recognized liars. Grosser who owned property north of the subject parcel and who commented as to the earlier subdivision of her land. Action Remanding Following further discussion there was a motion by Application No. 73021 Councilman Fignar, seconded by Councilman Kuefler to to Planning Commission remand Planning Commission Application No 73021 sub- mitted by Orville Wilda to the Planning Commission for consideration of proposed revisions by the applicant. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kjuuefler. Voting against: none. The motion passed unanimously. Mayor Cohen left the table at 10:40 p.m. Planning Commission The next item of business was consideration of Planning Application No. 73024 Commission Application No. 73024 submitted by Brook (Brook Park Realty) Park Realty. The item was introduced by the Director of Planning and Inspection who explained that the request for preliminary plat approval was in response to a con- dition of approval of Applicaltion No. 73011 submitted by Ronald Fleisher (approved by the City Council on May 21, 1973). -6- 8 --6 -73 He explained the request involved a parcel located at 5649 Fremont Avenue Borth. He noted that Application No. 73011 had required that the subject lot be formally subdivided within 90 days of the Council action, which approved a temporary metes and bounds subdivision. He also stated that the preliminary plat showed the lots as approved in the previous application; and that the new lot was 71 feet wide, the deficiency of 4 feet being acknowledged and approved by the earlier action. The Director of Planning and Inspection also noted that the former owners of the property, Mr. and Mrs. Ronald Fleisher, had been required to post a $300 cash escrow to guarantee the accomplishment of the preliminary plat. He stated that upon approval of the final plat, the money would be returned to them. Action Approving Following a brief discussions there was a motion by Planning Commission. Councilman Britts, seconded by Councilman Kuefler Application No. 73024 to approve Planning Commission Application No. 73024 (Brook :Pars: Realty) submitted by Brook Park Realty subject to the following conditions: 1. The final plat is subject to review by the City Engineer prior to Council approval. 2. The final plat is subject to the requirements of the subdivision ordinance. Voting n a w g favor ere: Mayor Pro tem Leary, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. The Mayor returned to teas ta:3!e at 10.55 p.m. Planning Commission The next item of business was consirteration vt Planning Application No. 72068 Commission Application No. 72068 submitted by the (Anoka- Hennepin Ind. Anoka - Hennepin Independent School District. The item School District) was introduced by the Director of Planning and Inspectior who stated the application consisted of annual review and renewal of a special use permit for a temporary classroom structure approved by the City Council on August 28, 1972 for a one year period. He reviewed the minutes of the August 2, 1973 Planning Commission meeting, and stated that the applicant had determined last year that based upon the school census an additional classroom space would be required for approximately 30 students at the Evergreen Park Elementa. School, 7020 Dupont Avenue North. He stated the tem- porary structure was located north of the school, and that the school district had recently determined the structure would be needed for at least one more year. Mayor Cohen then recognized Mr. Tinquist, Principal of the Evergreen Park Elementary School, and noted that none of the notified property owners was present. Action Renewing Special Following a brief discussion there was a motion by Use Permit for Anoka- Councilman Leary, seconded by Councilman Fignar to Hennepin Ind. School approve the renewal of the special use permit for the District (Application Anoka - Hennepin Independent School District, as set No. 72068) forth in Planning Commission Application No. 72068, noting that said renewal was for a one year period. Voting in favor were: - Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. -7- 8 -6 -73 Approval of Minutes Motion by Councilman Fignar, seconded by Councilman 7 -23 -73 Kuefler to approve the minutes of the July 23, 1973 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefier. Voting against: none. The i7notion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -136 and moved its adoption: RESOLUTION AMENDING THE 1973 GENERAL FUND j BUDGET �..._ ,_ . _ ...... . The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts , Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolutic:i was declared duly passed and adopted. Draft Resolution The City Manager introduced a draft resolution regarding Regarding Expired the status of expired permits and the administration of Perni is and Metro- the Metropolitan Sewer Board Service Availability Charge. polita.z Sewe S.A. C ,. He explained that a number of building permits which had been issued prior to January 1, 1973, when the Metropolitan Sewer Board Sewer Availability Charge was ordered to be levied against all new building permits; had not been exercised and had expired _ciccording to the provisi'one' of chapter :3;of the City ordinances'. He noted, however, that chapter 3 provided for a renewal of such permits within a one year period fr6m the date of expiration; He stated that it was questionable whether such permit renewals were subject to the Service Availability Charge and the recommendation was that a full financial guar - + antee be required of the permit holders at such time that the permits might be renewed, to assure payment of any Service Availability Charge which might be legally levied against such permits. He stated that it was also recommended that the amount of the financial guarantee could be returned, if after a reasonable period of time a Service Availability Charge was not levied. A brief discussion ensued. RESOLUTION Member John Leary introduced the following resolution NO. 73 -137 and moved its adoption: RESOLUTION REGARDING STATUS OF EXPIRED PERMITS AND ADMINISTRATION OF METROPOLITAN SEWER BOARD SERVICE AVAILABILITY CHARGE The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler and the fo }lowir_g voted against the same: none, whereupon said resolution was declarer; duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 73 -12 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY > ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOVV S: -8- 8 -6 -73 r Section 1: Chapter 3 of the City Ordinances is hereby amended as follows: Section 3 -103. PERMITS AND INSPECTIONS. G Permit Fees. (4) Mechanical System Permit Fees. Fees charged for permits to install, alter, recon- struct, or repair any heating, ventilating, comfort cooling, or refrigeration equipment, including any gas piping incidental thereto, shall be as follows: A $5 minimum permit fee shall be charged. Thereafter, except as herein rovided, the permit fee shall amount to 1% of the estimated cost of-the proposed work up to $50,000 and one- half of 3 %:of the estimated cost thereafter. Exception: The permit fee shall amour to $25 for any new installation of a s tand -by gas or oil fuel system. It is not intended that permits shall be required for portable heating, ventilating, comfort cooling, or refrigeration equipment, nor for the replacement of any component part or assembly of an appliance which does not alter its original approval and which complies with other applicable requirements of the Building Code. Where work for which a permit is required by the Building Code is started en prooeeki<^d with prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve persons from fully complying with require- ments of the Building Code or other City ordinances. Section 2: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 6th day of August, 1973. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, 1Vaurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted Establish Special The next item of business was introduced by the City Assessment Interest Manager who recommended that the interest rate for Rate at 7.5% special assessments to be levied in 1973 be established at the current 7 -1/2% rate. Following a brief discussion there was a motion by Councilman Britts, seconded by Councilman Leary to establish the 1973 special assessment rate at 7 -1/2 %. Voting in favor were: Mayor Cohen, Councilmen Leary, -gam 8 -6 -73 Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. Approval of Licenses Notion by Councilman Kuefler, seconded by Councilman Britts to approve the follevving licenses. BOWLING ALLEY LICENSE Donald Campagne Beacon Bcwl 6525 Lyndale Ave. CIGARETTE LICENSE Service Systems Corp. N.W. Bell Soo Line Bldg. Ted Tuma Poppin Fresh Pie Shop 3425 Lake Johanna Blvd. FOOD ESTP.BLISHMENT LICENSE Donald Campagne Beacon Bowl 6525 Lyndale Ave. Service Systems Corp. N.W. Bell Soo Line Bldg. GARBAGE HAULER' S LICENSE Hollies Rubbish Service 5533 Logan Ave. Maroney's Service Route 3, Box 30A Solid Waste Systems 3250 West 66th St. MOTOR VEHICLE DFU ER'S LICENSE - CLASS "A" Velie Oldsmobile, Inc. 6700 Brooklyn Blvd. NON- PERISHABLE FOOD VENDING MACHINE LICENSE Donald Campagne Beacon Bowl 6525 Lyndale Ave. Service Systems Corp. N.W. Bell Soo Line Bldg. SIGN HANGER'S LICENSE Signcrafter, Inc. 336 40th Ave. OUTDOOR SWIMMING POOL LICENSE Evergreen Park Manor Apts. 7200 Camden Ave. Voting in favor were: 1Vayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. Commend Willow Lane Councilman Britts commented that the Willow Lane girls Girls Softball Team softball team had recently won the state championship for State Championship; and was currently undertaking projects to raise funds to Direct Resolution travel to the national tournament. He stated that a commendation would be in order. A brief discussion ensued. Motion by Councilman Britts, seconded by Councilman Fignar commending the Willow Lane girls' softball team in'their successful efforts resulting in the state cham- pionship. Voting in favor were: Mayor Cohen, Cruncil- men Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. Comments on Status The next item of business was a brief discussion as to of Hennepin County the status of the City's participation in the Hennepin League County League of Municipalities, and Mayor Cohen commented that the issue was currently under study and would be brought before the Council as a discussion item at ensuing meetings. -10- 8 -6 -73 Adjournment Motion by Councilman Fignar, seconded by councilman Kuefler to adjourn the meeting. Voting in favor were: I iayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. The City Council meeting adjourned at 11:20 p.m. Clei Mayor -11- 8 -6 -73