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2020-01-28 Planning Commission MinutesJanuary 28, 2020 Mendota Heights Planning Commission Meeting Page 1 of 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 28, 2020 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 28, 2020 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of December 19, 2019 Minutes Commissioner Katz noted the first page, the first paragraph, it should state, “August 27 December 19, 2019”. COMMISSIONER MAZZITELLO, MOVED, SECONDED BY COMMISSIONER KATZ, TO APPROVE THE MINUTES OF DECEMBER 19, 2019. AYES: 4 NAYS: 0 ABSTAIN: 3 (Corbett, Noonan, and Toth) Hearings A) PLANNING CASE 2020-01 GRAND REAL ESTATE ADVISORS, 725 LINDEN STREET & 735 MAPLE STREET – CONDITIONAL USE PERMIT TO AMEND A PLANNED UNIT DEVELOPMENT (PUD) Community Development Director Tim Benetti explained that Grand Real Estate Advisors is requesting approval to amend a previously approved Planned Unit Development (PUD) Development Plan, which would allow a new mixed-use development proposal for the City-owned lots, generally located in The Village at Mendota Heights. The lots are bounded by Dodd Road to the west, Maple Street to the south, and Linden Street to the east. Hearing notices were published and mailed to all properties within 1,320-ft. of the site; one comment was received in support. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available through the City’s website). Staff recommended approval of this application based on the findings and with conditions. January 28, 2020 Mendota Heights Planning Commission Meeting Page 2 of 12 Commissioner Corbett referenced the parking and asked for additional information on the senior housing referenced in the bullets. Community Development Director Tim Benetti clarified that the parking requirements were approved through the original PUD and noted that the senior housing reference is for this project. He also provided details on the wetland buffer requirement for the West Neighborhood included in the original PUD. He stated that staff reviewed records and could not find a record of a wetland in that area. He noted that staff has also visited the site and did not find the wetland on the site, therefore there is no longer a need for that setback for a wetland permit. Commissioner Katz referenced the map of the overall area and asked if the original Village concept was based on a trip analysis or traffic study, which would take into account different variables. Community Development Director Tim Benetti was unsure if there was a traffic study or report at that time but assumed that some type of study was completed. He stated that the original intent was to ensure that all the parking would be shared. He stated that the site currently has more parking than is used on a daily basis and believed the site could be adequately served by the underground and surface parking, even with the restaurant use. Commissioner Toth referenced the parking calculation used for the restaurant use, one stall for four customers. He noted that most people will travel two people to a vehicle for a restaurant. He stated that snow conditions also impact the number of available stalls and therefore he would like to see a snow removal plan from the developer. He referenced the trip generation study and asked what the peak hours were. Community Development Director Tim Benetti explained that typically there are a.m., noon, and p.m. peak hours. Commissioner Toth stated that he would like to know when the study was done in terms of hours and what the peak hours are. Commissioner Corbett asked the process for defining the basis of parking within PUD. Community Development Director Tim Benetti stated that he would assume the ordinance was used that basis and then provided discount to that number because of the shared uses. He stated that the ultimate value was most likely negotiated. He explained that typically senior apartment uses provide one stall per unit because of a lesser demand for that type of residential use. He noted that specific standards are in place within the PUD for each neighborhood, with the intent of all the uses fitting together. Commissioner Noonan stated that the Village has been up for at least 15 years and he has not seen parking problems at the various times he has been there throughout that time. He stated that the standards within the PUD have done the development and the community well. He stated that the parking standards and recommendations seem to be appropriate. January 28, 2020 Mendota Heights Planning Commission Meeting Page 3 of 12 Community Development Director Tim Benetti agreed that in his time with the City he has not noticed an issue with parking or received complaints. He stated that the mixed-use development is setup for shared parking with walkability, therefore if you cannot park near the desired location, you can park within the development and walk to that location. Commissioner Petschel asked where senior housing it codified in the ordinance, or whether this speaks to a general standard on senior housing throughout the twin cities. Community Development Director Tim Benetti replied that this number was codified through the original PUD agreement. Chair Magnuson opened the public hearing. Judd Fenlon, Grand Real Estate Advisors, stated that he has reached out to his engineers about snow storage, noting that three or four locations for snow storage have been identified on the site that could be used for that purpose. He recognized under high snowfall winters, snow may need to be hauled offsite. He referenced the discussion related to the wetland delineation. He noted that his engineers met with City staff in November on site and City staff agreed that it was determined not to be a wetland. He stated that their traffic analysis used the MnDOT definition of peak hours of 7:00 to 8:00 a.m. and 4:45 to 5:45 p.m. for the Dodd Road intersection. He stated that in regard to parking, he believes that as designed there is ample parking for the restaurant and the residents. He stated that this is a large project and they would not make the investment if they felt parking would be compromised. He explained that the success of a restaurant and residential use is dependent on available parking. He noted that there is also a public ramp near to the site, that is underutilized and could be used by employees to free up additional nearby spaces. He stated that the restaurant and apartments will be owned by the same party and therefore have an aligned interest in sufficient parking. He commented that the site is meant to be walkable and he anticipates some visitors will be pedestrian or cyclists. He stated that there are an additional 23 on-street parking stalls within the proximity of the site that could be available for patrons of the site. He confirmed that the on-street public parking was not included in the site calculations for parking. Commissioner Corbett asked if Grand Real Estate Advisors would be the end owner of the project. Mr. Fenlon noted that he would be a partner in the end ownership of the project, along with his partners. Commissioner Corbett referenced the outdoor seating for the restaurant, which will be 50 to 100 feet from the residential property and asked how those uses would intermix. Mr. Fenlon stated that the restaurant is anticipated to serve breakfast, lunch and dinner. He commented that outdoor seating is a continued trend for restaurant operations. He provided examples of existing restaurants with outdoor seating adjacent residential properties that have been able to manage those uses successfully with buffer and hour limitations. He stated that he believes the restaurant would close at 11:00 p.m. on weeknights and midnight on weekends. He stated that they have reviewed the option of enclosing the outdoor seating area. January 28, 2020 Mendota Heights Planning Commission Meeting Page 4 of 12 Commissioner Toth stated that it is great that residents of Mendota Heights are excited to build within the city. He referenced the comment related to the area being accessible to pedestrians and cyclists and asked if there would be consideration for designated bicycle/moped parking. Mr. Fenlon confirmed that there would be bicycle racks accessible but noted that they could look into moped/motorcycle parking as well. Commissioner Katz referenced the deliveries for the restaurant and asked where the service entrance for the restaurant would be and where the truck would park. Mr. Fenlon stated that most of the deliveries do not come in a full semi, that would only happen perhaps once per week. He identified the service entrance location for the restaurant, noting that most of the delivery vehicles can handle their deliveries within the site. He identified the area a full semi could park to access the service entrance. Commissioner Toth referenced the additional traffic from Maple Street onto Dodd and asked if there has been consideration of a stoplight to control that intersection. Mr. Fenlon stated that they have not had that discussion and referenced the comments from the traffic study that does not feel that the number of trips will make a noticeable difference on the streets. Chair Magnuson thanked the developer; and called for anyone from the public wishing to speak on this matter to approach the podium and address the commission. Marie ? – a neighboring resident (indicated she lived on Dodd Road - address not given) stated she disagrees with the traffic study. She commended Commissioner Corbett for his comments on the outdoor seating as that would be a concern for the adjacent residential properties. She stated that she is not against the project as she would enjoy the restaurant. She disagreed with the trip counter, noting that the senior use would be 55 plus, noting that most people that age typically work. She stated that the restaurant estimates are also low as many groups have people that each drive separate and meet at the restaurant. She commented that she believes there would be a problem with the semi-truck deliveries and could also be an issue for fire trucks attempting to access the site. She asked that the site be reviewed by a fire department to obtain additional comments. She commented that there was previously a wetland/wet space that has since been filled in. She stated that after the Village was constructed there has been more issues with water flowing onto Dodd Road. She asked that the City not approve this until the speed on the road is decreased from 40 mph to 30 mph. Brad Wallace, 715 Linden, stated that he is speaking on behalf of his condominium homeowners’ association. He thanked the Commission for their thoughtful questions and commended the developer for the cooperative spirit they have shown throughout this process. He stated that they would like to see the tree buffer between the condominium building and the new development, with removed trees replaced on a one for one basis. He stated that the street parking spots near Linden are used the townhome residents as overflow and would hope that there would be January 28, 2020 Mendota Heights Planning Commission Meeting Page 5 of 12 something in place to ensure that those parking stalls are not used by restaurant patrons. He referenced the parking ramp, which is very underutilized. He stated that he would love to see some way for the City to direct people into the parking area, as it is virtually empty most of the time. He stated that people do not know to park in the ramp and perhaps additional education could help visitors use that ramp more. Marie [the Dodd Road Resident] asked if there would be something permanent related to the senior housing or whether that use could be changed in the future to allow housing for all ages. Mr. Fenlon stated that he has not been aware of a document that would restrict the housing by age for a period of time. He noted that there is a strong demand for senior housing, and they have every intention of building and keeping the use as senior housing. Commissioner Noonan stated that the staff report references the reduced standards for senior housing, with parking reduced to one space per unit. He explained that market rate apartments would have a different parking rate and therefore if the use changed from senior to market rate, the parking would be severely under supplied. He was unsure as to the control the City would have to limit that use. Mr. Fenlon stated that he has no intention to do anything other than senior housing, noting that his comment was simply that he was not aware of that type of document. Commissioner Noonan asked if the developer would be comfortable with a provision in the Development Agreement that would restrict the use to senior housing for a period of time. Mr. Fenlon confirmed that he would be comfortable with that. Community Development Director Tim Benetti stated that there is an agreement that goes along with a PUD which can include that this building would only be allowed for senior housing. He explained if the desire were to change to a market rate apartment, the applicant would need to come back before the Commission and Council to request a change in that use. Mr. Fenlon explained that the building would not work well as a market rate apartment because of the differences in number of units, types of amenities, ratio of one- and two-bedroom apartments, square footage of apartments, and parking needed. Chair Magnuson stated that as a person that would qualify, by age, to live in this type of housing, she would agree that people of this age generate multiple trips and have multiple vehicles. Mr. Fenlon commented that the traffic study was completed by a third party and noted that the building space is designed to support active use. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. January 28, 2020 Mendota Heights Planning Commission Meeting Page 6 of 12 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT APPROVING AN AMENDMENT TO THE 2002 MENDOTA HEIGHTS TOWN CENTER (THE VILLAGE AT MENDOTA HEIGHTS), WHICH WOULD ALLOW A NEW MIXED-USE DEVELOPMENT CONSISTING OF A 48-UNIT SENIOR APARTMENT BUILDING WITH A RESTAURANT, BASED ON THE FINDINGS OF FACT, ALONG WITH THE FOLLOWING CONDITIONS: 1. The developer shall enter into a Development Agreement with the City of Mendota Heights, in a form prepared by the City Attorney; and final draft shall be approved by the City Council. The Development Agreement shall contain language restricting use of the building to senior housing. Should the developer propose a change to the use of the property, or to market rate housing, the developer shall be required to amend the Development Agreement. 2. Development shall provide a clearly marked crosswalk on Maple Street over to the separated parking lot, with final location and design approved by Public Works Director. 3. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Public Works Director and if necessary, the Saint Paul Regional Water Services. 4. All new buildings shall be constructed only in conformance to building and site plans certified by a registered architect and engineers (as applicable); and in accordance with the architectural and building standards found under Title 12-1E-8, Subpart F “Architectural Controls” and Subpart G – Structural, Electrical and Mechanical Requirements. 5. Any ground-level mechanicals and utility appurtenances must be screened with vegetation or one or more of the materials used in the construction of the principal structure, which must be reviewed and approved by the Planning Department as part of the building permit process. 6. The Landscape Plan shall be reviewed by Master Gardeners for compliance with the City Pollinator Friendly Policy. 7. Plant material shall be utilized as a screening element for any building utility areas, but shall not obstruct Fire Department connections or hydrants, to be reviewed by the Planning and Fire Departments and verified as part of the building permit review process. 8. A park dedication fee of $4,000/residential unit shall be paid at time of building permit approvals. 9. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 10. The developer and/or their respective agents shall be jointly and severely responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. All landscape areas must be irrigated. January 28, 2020 Mendota Heights Planning Commission Meeting Page 7 of 12 11. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 12. Building and grading permits shall be obtained from the City prior to construction commencement. 13. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 14. All applicable fire and building codes, as adopted/amended by the City, shall apply and the buildings shall be fully protected by an automatic fire sprinkler system. Commissioner Mazzitello stated that he appreciates the motion but believes that this should be tabled tonight. He stated that there were a number of items requested at the concept review that have not been addressed and additional questions arose tonight. He believed that there is sufficient time available to table the request to allow for that additional information to be supplied. He stated that he would like to see the snow storage plan. He noted that he would assume the building would be sprinkled which would eliminate the need for multiple fire trucks in the case of fire. He stated that he would like to see the review of the landscaping plan completed by the Master Gardeners prior to Council review rather than prior to issuance of a building permit. He stated that during the concept review there was a request for a comparison between the impervious surface and stormwater treatment for the original PUD versus what is being proposed, and how the stormwater treatment would handle the runoff for the increased impervious surface and the higher intensity storms. He stated that he would like to see a comparison between the proposed development traffic volumes and flows to the traffic study the City completed in 2017 that proposed a different type of development for this site. He noted that the City’s study identified future improvements along Dodd Road and if the traffic is going to be changed from the assumptions in that plan, it is possible that the need for some of those improvements will also change. He commented that he would like to see the pedestrian connections that would make it possible for pedestrian traffic to flow from this site to the remainder of the overall site. He referenced the parking calculations for the restaurant use and did not believe that to be adequate. He suggested that the traffic study use ITE and data from other Mendota Heights restaurants rather than using the peak times from MnDOT. He noted that if the motion from Commission Noonan does not pass, he would be willing to make a motion to table. Commissioner Noonan stated that he will withdraw his motion. Commissioner Corbett supported that action. Motion withdrawn. Commissioner Petschel noted that some of the questions from Commissioner Mazzitello could be answered tonight by the applicant. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO REOPEN THE PUBLIC HEARING. AYES: 7 NAYS: 0 January 28, 2020 Mendota Heights Planning Commission Meeting Page 8 of 12 Mr. Fenlon confirmed that the building will be fully sprinkled. He stated that the snow storage plan has been prepared. He stated that he has also scheduled a meeting with the Master Gardeners in advance of the City Council meeting. He stated that he does not have a copy of the 2017 traffic study from the City but stated that he would commit to having his traffic consultant update that study. Commissioner Mazzitello noted that he would not require the applicant to update that study, but simply to update the tables in the study. Mr. Fenlon stated that he was unsure if his traffic consultant looked at ITE numbers in addition to MnDOT numbers. He stated that he did push his traffic consultant on the afternoon hours and noted that the consultant picked a classification a step more casual and faster in order to be more conservative with the counts. He noted that the classification of restaurant proposed would most likely reduce those counts. Joseph Kimbrell, project architect, stated that he cannot provide details on the stormwater question as the engineers would have to provide that information. He stated that the snow storage areas are identified in note 17 of the civil site plan. He stated that curb cuts were added to connect the parking lot on Maple to the main lot. He stated that pedestrian striping was not proposed as the remainder of the PUD site does not have that element but noted that they would be willing to add that element for the project. Commissioner Mazzitello referenced the two areas that he would like to see pedestrian connectivity provided. Mr. Fenlon stated that they were able to answer a few of the items and would be willing to engage his traffic consultant to obtain the additional information requested. He asked if the Commission would be agreeable to moving this forward with that commitment. Commissioner Mazzitello asked if tabling this request would cause a delay in the developer’s timeline. Mr. Fenlon stated that he would like to begin construction in May in order to avoid increased winter construction conditions, which would be at risk if the action is tabled tonight. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER KATZ, TO TABLE THIS ITEM TO THE FEBRUARY 27, 2020 MEETING. January 28, 2020 Mendota Heights Planning Commission Meeting Page 9 of 12 Further discussion: Commissioner Katz stated that he visited the site at a time he did not anticipate being busy and was lucky to find a parking stall. He stated that he would like a more complete traffic study to be completed using the current traffic that exists and how the additional uses would impact the current commercial and residential areas. He believed that the current layout causes congestion and would want to see a more complete review for this site and the overall area. AYES: 6 NAYS: 1 (Petschel) Commissioner Petschel stated that it appears that Commissioner Katz is requesting a review of the overall PUD and surrounding area, whereas the applicant provided a study on this project and increased use from the project. Community Development Director Tim Benetti provided details on the City study that was completed in 2017, along with the report that was presented to the City Council privately for the original PUD. Commissioner Petschel asked the type of study Commissioner Katz would like. Commissioner Mazzitello noted that the City study is publicly available and used real traffic counts. He noted that studies for proposed projects would use ITE, or a similar practice. He clarified that his request was for the applicant to update the tables/traffic models within the City’s 2017 report with the proposed traffic counts for their proposed uses as the original use projected a different use with different counts. Commissioner Katz confirmed that could be sufficient. He stated that he would still like to see 2020 data and asked if the applicant would be willing to entertain the cost to complete an actual traffic study for that area. He appreciated what the applicant has done but noted that he would like additional data. Commissioner Mazzitello stated that he believes what he is requesting from the applicant would answer the questions from Commissioner Katz. It was the consensus of the Commission that the following items should be addressed by the developer prior to the February Planning Commission meeting: • Comparison of the 2017 traffic study (numbers/tables) with the proposed development in place of the original PUD use • Impervious surface comparison from the original PUD to the proposed use, taking into account the change in impervious surface and the change in rainfall intensity • Master Gardeners review complete • Traffic Model for Restaurant to be updated • Pedestrian Connectivity, showing where connectivity to the Village would be provided January 28, 2020 Mendota Heights Planning Commission Meeting Page 10 of 12 B) PLANNING CASE 2019-29 CONSIDERATION OF ORDINANCE NO. 553 – AMENDING CERTAIN REGULATIONS AND STANDARDS REGARDING KEEPING OF DOMESTIC CHICKENS IN RESIDENTIAL DISTRICTS. Community Development Director Tim Benetti explained that the City is asked to consider a few amendments to City Code Title 5 – Police Regulations and Title 12 – Zoning regarding certain provisions and standards related to the keeping of domestic chickens in the city. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Corbett referenced the statement that composting will be allowed unless there is a complaint. He asked what would prevent him from making a complaint that would shut down that ability for someone. Community Development Director Tim Benetti explained that staff would visit the site to complete a review before making the determination. He confirmed that there would be consistent enforcement. He stated that the expectation would be on the homeowner completing the composting to complete the activity in an effective manner. He stated that if there is a complaint, that staff verifies upon site review, the homeowner would be provided the opportunity to resolve the issue and if that is not done, staff would remove the ability for the homeowner to compost. Commissioner Noonan noted that there are specific criteria/tests listed in the ordinance that would be used for regulation as well. Commissioner Corbett stated that he feels comfortable with the criteria included and the staff process described, noting that his concern was simply that there was a consistent manner in which enforcement would occur. Commissioner Toth asked if a half acre lot could have an accessory building of 144 square feet and a chicken coop sized up to 144 square feet. Community Development Director Tim Benetti explained that any lot under four acres could have one accessory building up to 144 square feet and could be allowed an additional 81 square feet for the chicken coop, for a total of up to 225 square feet. Commissioner Toth asked why the increase is proposed from four to six chickens and what the recommended living area is for one chicken. January 28, 2020 Mendota Heights Planning Commission Meeting Page 11 of 12 Community Development Director Tim Benetti replied that the request was received from current chicken permit holders to increase the number of allowed chickens. He noted that the staff report includes the detailed information on the recommended living space for each chicken. Commissioner Toth stated that perhaps many residents choose to have chickens over the next two years and asked if there have been considerations on the other impacts the keeping of chickens could have on rodents, predators, and other elements of that nature. Community Development Director Tim Benetti noted that the City has only received 12 permits out of the over 5,000 households, which is a very limited scope. He did not foresee a proliferation of chicken keeping throughout the city in the future. Chair Magnuson referenced the language related to composting and suggested that the language to be amended to a complaint from a resident, as the currently proposed language could be interpreted to require complaints from multiple residents. Commissioner Noonan asked if a resident could construct a chicken coop of 225 square feet if they do not have any other accessory structures. Community Development Director Tim Benetti replied that the size of the chicken coop is limited and therefore a coop of that size would not be allowed. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 Commissioner Noonan stated that he does not support the keeping of chickens in an urban environment. COMMISSIONER NOONAN MOVED, SECONDED BY TOTH, TO RECOMMEND DENIAL OF THE DRAFT ORDINANCE No. 553 AS PRESENTED. AYES: 2 (Noonan and Toth) NAYS: 5 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE DRAFT ORDINANCE No. 553 AS WITH THE MODIFICATION NOTED BY CHAIR MAGNUSON. January 28, 2020 Mendota Heights Planning Commission Meeting Page 12 of 12 AYES: 5 NAYS: 2 (Noonan and Toth) Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • Appointment of new and incumbent Planning Commissioners Community Development Director Tim Benetti stated that Litton Field will join the Commission at its meeting in February. He reported that Commissioner Mazzitello was reappointed by the Council. • Recognition of Commissioner Michael Noonan for his service to the Commission Chair Magnuson stated that it is with great regret that this is Commissioner Noonan’s last meeting and thanked him for all of his input and experience. She stated that the contributions from Commissioner Noonan have furthered the business of the Commission over the past nine years. She presented Commissioner Noonan with a plaque thanking his for his service to the Commission. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH TO ADJOURN THE MEETING AT 9:03 P.M. AYES: 7 NAYS: 0