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HomeMy WebLinkAboutJuly 03, 1979 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JULY 3, 1979 Mayor Harbeck presiding 11 Roll Call and Invocation at 7 : 30 P.M. 21 Approval of Minutes of June 5th Regular Session and June 18th, 1979 31 Communications : a] Macey Manor Senior Citizens , Inc . c Iv 2 S h ..z Ne �',� M1V v� [C'� 1 G T K c I' 41 Liaison reports from Councilmembers : a] Cncl .Hullander from the Shakopee Fire Department b] Cncl .Lebens from Recreation Board c] Cncl .Reinke from Shakopee Public Utilities Commission d] Cncl.Ward from Planning Commission and Jt. Seven Man Committee e ] Cncl .Leroux from Shakopee School Board f] Mayor Harbeck from Scott County Board of Commissioners 51 RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA! 61 Old Business : a] Application for Off Sale and On Sale Intoxicating Liquor License for House of Hoy, Inc . , 101 E 1st - tbld. June 5th 71 Planning Commission Recommendations : a] Request for a conditional use permit to erect a duplex on Lot 1 , Blk 8, Mn. Valley 1st, at the intersection of Polk and 12th, in an R-1 zone Applicant : Dennis Vierling, 971 Scott Action: Conditional Use Permit No. CC-212 Planning Comm. Recommendation: Approval w/conditions b] Request for a conditional use permit for a tool and die , and model making shop in a B-5 zone Applicant : Robert Wolf, RR #3, Box 453 Action: Conditional Use Permit No. CC-213 Planning Comm. Recommendation: Approval w/condition c ] Final Plat of Halo 2nd Addition, approximately 3� acres , lying North of Hwy 101 and East of Marschall Road extended Developer: CC & F Enterprises , 1221 East Fourth Avenue Action: Resolution No . 1441 Planning Comm. Recommendation: Approval w/conditions 81 Routine Resolutions and Ordinances : a] Res . No. 1440, Requesting Authorization for the Fire Chief to Issue Open Burning Permits b] Res . No. 1442 , Establishing Loading Zones on 1st' And Holmes c] Res . No. 1443, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings of Eminent Domain d] Res . No . 1444, Authorizing Sale of City Land - Mobil Oil e ] Res . No. 1445, Authorizing Sale of City Land - Halo Investments f] Res . No. 1446, K-Mart Retail Store - Industrial Revenue Bonds g] Res . No . 1447, Approving Plans and Specs & Ordering Ad for Bids 79-2 Fourth Avenue Watermain h] Ordinance No. 26 , Regulating Concerts 91 New Business : a] Discussion on delegation of Powers to the Planning Commission • TENTATIVE AGENDA July 3, 1979 Page -2- b] Authorize hiring of Building Inspector c] Approval of bill for reroofing of Library d] 8: 30 P.M. Application for Off Sale 3. 2 Beer License - Brooks Superette #28, 615 Marschall Road e ] Angle Parking in Shakopee -- discussion f] Sludge Farm -- discussion g] City Engineer status report on public improvements h] 11th and Jefferson drainage problem i ] Proposed design criteria -- discussion/approval j] Request for communication equipment for Engr. Dept. k] K-Mart Tax Increment Project (warehouse) - amending of the boundaries of the project 11 Waive building permit fees for Restoration Project 101 Consent Business : 111 Other Business : c] d] 121 Adjourn to . . . Douglas S. Reeder City Administrator Macey Manor Senior Citizens, Inc. w 438 Dakota St. Shakopee, Mn. June 20th, 1979 Tel. 445-3821 Shakopee City Council c/o City Adminstrator 129 L. let. Ave. Shakopee, Mn. Gentlemen: This is to inform you that we, the property owners of Macey Manor, Inc. seriously object to the recommendation of the new City 1]nginoQr (which Shakopee has had many) to change the rules so that we on the west side of Dakota St, will be reassessed for the cost of furnishing water to the new construction on the east side of Dakota St. We have been advisedthat our water supply is ample for the west side of Dakota St. and that it was installed in accordance to the recommendation of a former City Fn6ineer. We have spoken to the other property owners on the west side of Dakota St. and they are of the same mind. We assure you that we do not intend to take this laying down. Macey Manor has 11 units, occupied by 11 Senior Citizens. We feel that we are being over-charged for our water and sewor use, especially on sewage disposal. Last year 1978 we paid a total of #208.00 including tax for water and 4638.35 for sewage disposal. We used 129,000 galse of water below the minium. So in effect we paid sales tax on 129,000 gals* of water we did'nt use. We feel that our sewage costa are totally out of line. Respectfully your@, Macey Manor, Inc. by-ZV^- P.3. Da.�ota St, is ueing abusedby the heavy construction trucris and equiptment« Any needed repairs shoulA be charged to them. The SW o ee p ouse 1583 East First Avenue • Shakopee, Minnesota 55379 • (612) 445-1400 June 20, 1979 JUN 2 1 1979 Mayor Walt Harbeck City of Shakopee Councilmembers CITY OF SHAKOPEE Doug Reeder % City Hall Shakopee, Minnesota 55379 Dear Sirs: Your recent decision to restructure the liguor license fees and raise the figure that the Shakopee House pays by $1000.00 has upset me a great deal. I do not want to waste time by re—hashing the discussions of the May 15th council meeting; however, there are four things that confuse me over the councils decision. 1) It appears to me, that the City of Shakopee does not support the business community. When a business appears successful after years of struggling, the city penalizes it by raising fees excessively. 2) I do not necessarily disagree with the re-structuring of the license fees; however, I believe that if the city desired a different structure, they should absorb some of the financial loss caused by lowering some licenses. One license holder should not be forced to make-up most of the loss. g) What upsets me the most, is that, if I would not have shown up at any council meetings; or if I would not have, at the request of the City Administrator; gone through the efforts of arranging a meeting with the Administrator and the license holders, my license fee would have gone up only $250.00 each of the last two years under the previous proposal. In other words, if I would have been apathetic and not taken any action, I would be saving a considerable amount of money each year. 4) My last comment is a very frustrating question for me. Why, after several council members openly states that a 30% increase of $1000.00 was very high, did they immediately vote approval. I used to think the city felt that the Shakopee House was an asset to the community. We serve a need, we comply with policy, we run a clean and disciplined operation. An increase of $1000.00 in our license is not a vote of confidence. Sincerely, Anthony Strupec DNR-8 A.Y E OF la 9i DEPARTMENT OF NATURAL RESOURCES 444 Lafayette Road, Space Center Bldg., St. Paul, MN 55101 PHONE: 612-296-4800 File No. June 26, 1979 RECI-71VED Douglas S. Reeder, City Administrator JUN 2 9 1979 City of Shakopee 129 E. First Avenue CITY OF SHAKOPEE Shakopee, MN 55379 Dear Mr. Reeder: We have received and accepted the City of Shakopee's request for a public hearing concerning the matter of Permit 67-172 for the J. L. Shiely Company. Before we can begin to make formal arrangements for the public hearing we need to receive from the city, the reason for holding the hearing. Is the city contesting the amendment to Permit 67-172 which has been issued to Shiely Construction Company? If the city does not desire to contest the Permit 67-172 amendment but wishes to have a public informational meeting to explain the situation and review the terms and conditions of the permit amendments, this office would be happy to participate. Having such a public informational meeting would save a number of costs to all parties involved. Please advise what course of action you wish to pursue. We thank you for your cooperation in this matter. Sincerely, � IVISION O,F�WATE sZG.°�'�vL"l James F. Cooper, inistrator Development Sect n JFC/jl L/ cc: James Schoessler Shiely Construction Co. Larry Seymour AN EQUAL OPPORTUNITY EMPLOYER W11 y� 4innesola lid-Ili 6/edrif cooperalive Owned 6y -Those C erved' Jordan, J/[tnnesola 55352 June 22, 1979 Jeleplone (612) 4.92--2313 Dear Member: The City of Shakopee has notified your Cooperative that they intend to pur- chase all Minnesota Valley Electric Cooperative electric services in the annexed city limits through eminent domain proceedings in court. They say it is in the public interest for the City to take over all electric service in the city limits. Your Board of Directors has determined that the Cooperative does not wish to sell out its members in that the Cooperative pioneered the area. Your Coop- erative provided the capital and engineering, built the necessary lines and served you, our members, adequately and at lower or comparable rates all these years when the other utilities did not consider it financially feasible to do so. We must tell you that because of an increase in power costs that will be charged to us by our power supplier, starting with the July billing (due in August), the Cooperative rates will be somewhat higher than the City of Shakopee. This may be .for a period of time until the City's power costs Increase also. The City buys its wholesale power from N.S.P. who has already been planning a future coal burn- ing plant. When these plant costs come on line, the City's wholesale power costs will increase also and be reflected in higher bills to you. There are other aspects of this entire power supply question that should be of interest to you also. If you do not wish to be sold to the City, or feel you need additional in- formation, indicate on the attached slip that you would prefer a member meeting to become further acquainted with this Shakopee acquisition issue and mail it to the Cooperative office. Please reply within the next 10 days. Time is very important as we will be holding a member meeting on July 10th at 8:00 P.M, at Cooperative headquarters located 2 miles south of Jordan on Highway 169. Your interest in this matter will determine what course of action will be taken by the Board. Yours very truly, MINNESOTA VALLEY ELECTRIC COOPERATIVE General Manager and Board of Directors _z PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA JUNE 21 , 1979 Chrm. Schmitt called the meeting to order at 7 : 40 P.M. with Commissioners Rockne , Koehnen, Marschall , and Perusich present . Absent were Commissioners Colligan and Coller. Also present were City Admr. Reeder, City Engr. Spurrier, and Ass ' t . Zoning Admr.Dacquisto. All members of the Commission were mailed notices of a special meeting to be held on June 21 , 1979, at 7 : 30 P.M. Koehnen/Perusich moved to accept the call for a special meeting. Motion carried. Marschall/Rockne moved to approve the Minutes of June 7 , 1979 Meeting, as kept . Motion carried with Comm.Koehnen abstaining because she was absent at said meeting. Rockne/Marschall moved to open the public hearing on the request of Dennis Vierling for a conditional use permit for a duplex on Polk and 12th Avenue . Motion carried. The Ass ' t . Zoning Admr. explained the request and that staff recommended approval with the conditions that : 1 ] sufficient sewer allocation is secured to serve a duplex on the lot , and 2 ] the duplex face 12th Ave . with the driveway onto 12th and as far as reasonably possible from Polk. Mr. Vierling was present and stated that he had not solved the sanitary sewer allocation problem, but that he agreed that the two driveways would enter onto 12th Avenue . The City Engr. asked if the two driveways could be combined into one and the applicant was agreeable . Chrm. Schmitt stated that the question of sufficient sanitary sewer allocation should be answered before a recommendation be made to the Council. The City Engr. respondedthat the applicant would have to obtain sanitary sewer allocation from one of the property owners willing to transfer some of his allocation. Mr. Vierling stated that Mr. Watson had been contacted and that he was unwilling to release any of the allocation allotted to his property. Chrm. Schmitt asked if there were any additional comments from the audience or the Commission. There were none . Rockne/Marschall moved to close the public hearing. Motion carried. Chrm. Schmitt recommended that the request be tabled pending the applicant obtain sufficient sanitary sewer allocation, or that the request be granted with a condition that said allocation be obtained. Koehnen/Marschall moved to recommend to the City Council approval of Conditional Use Permit No. PC-212 , Duplex in R-1 zone, with the conditions : 11 applicant secure sufficient sanitary sewer allocation, 21 the common driveway be centered for the two dwellings . Motion carried. Proceedings of the Planning Commission June 21 , 1979 Page -2- The Admr. stated that Comm. Colligan had called earlier in the day and asked to be excused from the meeting. Marschall/Perusich moved to open the public hearing on the request of Robert Wolf for a conditional use permit for a tool and die , and model making shop in a B-5 zone . Motion carried. The Asst . Zoning Admr. explained the request and that staff recommended denial because the use was not compatible with the Comprehensive Plan and the long range plans for the area. Mr. Wolf asked how a small operation can succeed when it is not possible to absorb the costs of a 2 1/2 acre industrial site . Chrm. Schmitt reported that there have been a couple of such operations in the community in the past . Comm.Marschall questioned the need for off street parking. The Ass ' t . Zoning Admr. recommended that the area in question be continued as a commercial use, and stated that he considers this type of operation an industrial use which should be kept within the industrial zone . Chrm. Schmitt asked if there were any additional comments from the audience or the Commission. There were none . Rockne/Perusich moved to close the public hearing. Motion carried. Perusich/Rockne moved to recommend to the City Council approval of Conditional Use Permit No. PC-213, Tool & Die , Model Making Shop in a B-5 zone , with the condition that in be reviewed after one year. Motion carried. The City Admr. reported that the final plat of Halo 2nd is in conformance with the recommendations made by the Planning Comm. when preliminary approva was given with the exception of a few requirements which will be included in the Developers Agreement . The Admr. elaborated. Discussion followed. Mr. Loren Habegger, Developer, was present for discussion and reported that he is working with the state on the deceleration lane . Mr. Sam Wetterlin, Ace Realty, questioned how the park dedication fee can be paid for. The City Admr. responded. Chrm. Schmitt asked if there were any additional comments from the audience or the Commission. There were none . Koehnen/Marschall moved to approve the final plat of Halo 2nd Addition with the conditions : 1 ] Favorable Title opinion by the City Attorney; 21 Park Dedication be in cash ; 31 Developers execute a Developers Agreement which Agreement shall include : a] Addition of a watermain loop easterly to the six inch watermain, b] Acceptable deceleration lane , c] Installation of a sidewalk along Hwy 101 and Marschall Road; and 41 a 10 foot utility and drainage easement be provided on all lot lines . Motion carried. Proceedings of the Planning Commission June 21, 1979 Page -3- The City Admr. explained that the preliminary approval of Furrie ' s 2nd Add' n. by both the Planning Comm. and the Council provided for a cul-de-sac at the westerly part of Third Avenue within the plat . Both bodies reconsidered their approval and directed that Third Avenue be extended as a through street . He also reminded the Commission of the conditions of approval that were placed on the preliminary plat and recommended that the following conditions be included in the Developers Agreement : 11 no access from CR-17 onto lot 2 , block 1 and onto lot 2 , block 2 , 21 construction of a drainage way along the No .boundary of plat , 31 construction of sidewalks along 3rd and 4th Avenues , 41 allow ingress , but no egress on Lot 5 , Block 2 to CR-17 ; and that there is a favorable title opinion by the City Attorney. Discussion followed on the need for sidewalks on Fourth Avenue and the fact that two of the lots have been sold and are no longer under the control of the Developer. Chrm. Schmitt recommended that the other two property owners (who are a party to the plat) be advised of the City' s request for sidewalks on 4th Avenue and that the Council address the matter at the time they consider the final plat . Mr. Al Furrie , Developer, was present for discussion and asked that the Planning Commission not request sidewalks on 4th Avenue . Discussion followed. Chrm. Schmitt asked if there were any additional comments from the audience or the Commission. There were none . Rockne/Marschall moved to approve the final plat of Furrie ' s 2nd Add'n. with the conditions as presented: 1 ] Favorable Title opinion by the City Attorney, , 2 ] Execution of a Developers Agreement containing: a] sidewalks be install- ed on Third and Fourth Avenues , b] No egress or ingress from Lot 2 , Blk. 1 and Lot 2 , Blk 2 onto CR-17 , c] No egress from Lot 5, Blk 2 onto CR-17 . Motion carried. The Asst . Zoning Admr. explained that the City has received a request for the rezoning of Lot 7 , Block 28, Original Shakopee Plat from B-5 to R-3B. Said rezoning would allow a single family residence on said lot . He also explained that this would be in conformance with the proposed Comprehensive Development Plan and recommended that the Comiission set a hearing to consider the rezoning of Lots 6-10 of said Block 28 so that there would be no spot rezoning. Marschall/Perusich moved to set a public hearing for 7 : 30 P.M. on July 12th for the rezoning of Lots 6-10, Block 28, OSP, as recommended by staff . Motion carried. The City Admr. reported that the Council requested the Developer of the East View 1st Addition to provide a road onto Shakopee Avenue. The Commission reviewed copies of the revised plat . The Engr reported that the grades of the road exiting onto Shakopee Avenue will not be the most desirable. Bill Chard, Developer, was present for discussion. The Admr. explained that the preliminary approval of the plat will be on the Commission agenda for the 12th of July. r / Proceedings of the Planning Commission June 21 , 1979 Page -4- The Admr . reported that Mr. Reisenberg and himself have been working on the Comprehensive Development Plan, but that they are not ready to discuss the zoning ordinance tonight. The Admr. reported on the recommendations from the Prior Lake Planning Commission on the plat of Sandlewood 1st Add'n: 1] that Martindale St . and Sandlewood Drive not be connected; 2 ] a drainage study be undertaken to determine impact on Prior Lake properties ; 3] the plat be redesi ned to give access to properties adjacent to the nouth and south; and 4T constr- uction traffic as a result of Sandlewood Addition should not use Martindale Street as access . Chrm. Schmitt recommended that a letter be drafted to the Prior Lake City Council asking them to review and make recommendations on the proposed plat . The City Admr. reported that the City Council asked staff to research what Powers the Councilcould delegate to the Planning Commi"ssion. The Asst . Zoning Admr. reported that the Council can designate the Planning Commission as the "Board of Adjustments" which would give them the power to issue variances . He also explained that they could be given the authority to issue conditional use permits , when the conditions exactly as stated in the ordinance are found to exist. Discussion followed. Chrm. Schmitt asked if the Planning Commission will be reviewing Public Improvement Projects . The Admr. explained that the Asst. City Attorney has recommended that they do review them. The Ass ' t . Zoning Admr. also stated that the Planning Commission can be delegated the authority of making final decisions on planned unit develop- ments . Staff was directed to prepare a survey on the number of times the Planning Commission and the Council differed on a variance or conditional use permit request, within the last year. Chrm. Schmitt presented the Commission and staff with an outline of a plan of action and time frame for a committee to work on the park development plans on O'Dowd Lake . The Admr. reported that the Council has authorized applying for LAWCON funds for next year. He also pointed out that in discussions with Metro Council staff it was mentioned that it may be possible to put O'Dowd Lake back into the Regional Park designation. Discussion followed. Marschall/Rockne moved to adjourn at 10: 10 P.M. to Tuesday, July 10, 1979 at 7 : 30 P.M. for a public hearing on the zoning ordinance at the meeting room in the Mall . Motion carried. John Schmitt Chairman �W MEMO TO: Shakopee Planning Commission FROM: David A. Dacquisto , Assistant Zoning Administrator RE: Dennis Vierling Conditional Use Permit DATE: June 15 , 1979 Request : The applicant , Dennis Vierling, requests a Conditional Use Permit to allow a duplex in an R-1 area. Location: The site is Lot 1 , Block 8 of Minnesota Valley 1st Addition. It- is the southeast corner lot at Twelfth Avenue and Polk Street . Analysis : The site is an R-1 zone which allows duplexes as a Conditional Use . It is the only R-1 district in the area being Plan surrounded areaawill2adlsotbecome Under-2 , makingeduplexeshanpermitted Plan this use . The lot is 13 ,696 square feet with 135 . 19 feet along 12th Avenue and 101 . 31 along Polk Street . Polk is a paved stub street for the entire width of the lot . The lot would be served by city sewer and water. The area, however, is one of limited sewer capacity. Being a corner lot , a 30 foot setback would be required along 12th Avenue and Polk Street . In future when the bypass is completed Polk will become C .R. 69 . Due to this the duplex should face 12th with the " driveway on 12th as far from the corner as possible . Recommendation: Staff recommends approval of the Conditional Use or a duplex with the following conditions: 1) Enough sewer allocation is secured to serve a duplex on the lot . 2) Duplex to face 12th with driveway onto 12th as far as reasonably possible from 12th. DAD: lw t 7 MEMO TO: Shakopee Planning Commission FROM: David A. Dacquisto, Assistant Zoning Administrator RE: Robert Wolf Conditional Use Permit DATE: June 15, 1979 Request : The applicant , Robert Wolf, requests a Conditional Use Permit to allow a Tool and Die Model Shop in a B-5 General Business District . Location: The shop is to be located in an existing structure presently occupied by Fetz Construction at 321 West 1st Avenue. Analysis : The request hinges on City Council ' s amending the City Code to allow Tool and Die Model Shops in a B-5 (General Business District) . If,on June 19 , 1979 , the amendment is made, then a Conditional Use Permit would be required to establish such a business and this request must be acted on. The new Comprehensive Plan has designated this area for rezoning to B-1 (Highway Business District) . The intent is to provide commercial businesses with an area which has highway frontage. This area is unique in Shakopee and should be preserved for commercial businesses which would benefit most from having highway frontage . Much of Shakopee is being rezoned for Industrial uses and a business of this type would be more appropriate for those areas . It would not be advisable to set a president by allowin an Industrial land use in a B-1 (Highway Business District. This would make it harder to preserve the land for commercial enterprises in the future. Recommendation: Zoning staff recommends disapproval of Conditional se Permit as the use is not compatible with the Comprehensive Plan, nor the long range plans for the area . DAD; lw RESOLUTION NO. 1440 A RESOLUTION REQUESTING THE POLUTION CONTROL AGENCY PURSUANT TO APC 8, TO AUTHORIZE THE FIRE CHIEF FOR THE CITY OF SHAKOPEE) OR HIS APPOINTED ASSISTANT,TO ISSUE OPEN BURNING PERMITS WITHIN THE CITY OF SHAKOPEE. WHEREAS , the Minnesota Pollution Control Agency has authorized- the City of Shakopee to issue open burning permits within its corporate limits ; and WHEREAS , the City Council is authorized to appoint the Fire Chief , or his appointed assistants ,as the persons responsible for issuing open burning permits ; and WHEREAS , the Scott County Sheriff ' s Department will enforce the open burning permits ; and WHEREAS , failure to obtain an open burning permit will be a viola- tion of APC 8; a Minnesota State Regulation, and therefore a misdemeanor, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Fire Chief ,or his appointed assistants, are hereby authorized to issue open burning permits within the corporate limits of the City of Shakopee . Adopted in session of the Shakopee City Council held this _ day of 1979 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1979 . a City Attorney P f W� Zc>H.Er � 3�5 STOP � LDck"C t©N.S Q N ot u 2iT°p N O�...Nt ES STi�� Lem,OptNG SOS STOP ,, zo�►ec N �GJ MEMO TO : Mayor and Council FROM: Douglas S . Reeder , City Administrator SUBJECT: Sale of City Land DATE: June 28, 1979 The City Council has previously authorized the sale of its land to Halo Development which is included in the Halo II plat . We will prepare a resolution which will authorize this sale which needs to be completed before the plat is filed. Attached is the previous memo recommending the sale . DSR/klk 2/6/79 City Council approved subject to easements for utilities . H ST., (1-494) MINNEAPOLIS, MINN. 55435 PHONE 612-835-6531 January 24, 1979 City of Shakopee 129 East lst Avenue Shakopee, Minnesota 55379 RE: Portion of City of Shakopee Land in Plat 906 , Parcel 010 Shakopee, Minnesota Dear Mr. Hauser: At your request we have inspected the above mentioned land in Shakopee for the purpose of updating our previous market value appraisal of this land. This letter supplements our report dated October 6 , 1977, which set forth the physical characteristics of the property, listed comparable sales, and estimated land value at $ . 25 per square foot. In our review of land sales in Shakopee we found the market relatively inactive for similar property. We discovered no sales which would indicate a change in value from our previous estimate. Therefore, our conclusion is that as of January 19 , 1979 , the market value indicated for the subject land is $ . 25 per square foot. 17--d5 HIN APPRAISALS, INC. Henry E. eils, SRP Senior Real Prop y Appraiser et J. atchin, ASA Vice President Senior Member, American Society of Appraisers `y�r1 c Y Proceedings of the City Council -4- February 6 , 1979 Leroux/Hullander moved to authorize the sale of 25 . 750 square feet of City property lying north of Bluff Avenue to Halo Investment Company at the price of 25 cents per square foot . Leroux/Hullander moved to amend the motion to include that this sale also include utility easement . Motion carried unanimously . Roll call on main motion as amended : Ayes - unanimous Noes - none Motion carried. Cncl . Leroux stated that he was very impressed with the good resumes which the City has received for appointments to the Police Commission. He stated that when making the selections to this Commission, any present or former Police Officers should be excluded from consideration. City Admin . reported that the selection of a^Police Civil Service P� os �a�d sa/e to / � � �'i ve � Pia�` • t S 82.02'08'tv 193.54 _ *~ C , Lan �K 7570 lie ZW � 1 Poo �i• —_ •\. \_ �— �--��' 40 b_15--•`_� � . Itr // I // J'o � � I ���_� - --_ . ice �.r� \ � >•,,• — —'--� _ -- __ — _ __._. --- -- ---..- -•i ` `•k., ,\'\�•S•s� �� I I ��S :7-- .a. •-� �1. ` '?0 ,�� ay,,,@M:4t a'�R•.i StNll l _ - _ - 'l 1' .T.-. • �,�ser • .. • 459.50- a BLU'F.F �+VE`-�•I r,;N4Tj �x ,.. . •• . 1V'IOrS4' ' -I"T2 --�� 1• `�� ui '126 WOP Lj 730— cotn Lorl 1 _ �% 1;0� 734\ . , ��--774 + VOO� lye, •� , 1 it 1 zz -N:01F6Y: •�LJr. ,i .'r :71 "1 d:4. •o .;. `I rJ I t� Hal lT N _ �IC1 � ins 4 MEMO TO: Mayor and Council FROM: Douglas S .Reeder, City Administrator SUBJECT: K-Mart Industrial Revenue Bonds (K-Mart Store) DATE: June 28, 1979 Attached is the draft resolution for the K-Mart Industrial Revenue Bonds for the construction of the K-Mart store at Minnesota Valley Mall . We will prepare a resolution similar to this using our format , for your approval on Tuesday, July 3 , 1979 which will in- corporate the suggestions of Mr. Pulcher. DSR/klk SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 800 OSBORN BUILDING • SAINT PAUL,MINNESOTA 55102 (612) 222-4241 OSMON R.SPRINGSTED,Presiaent DAVID L.GOBLIRSCH,Senior Vice President ROBERT D.PULSCHER,First Senior Vice President CAROLYN J.WILLS,Vice President&Secretary-Treasurer RONALD W.LANGNESS,Senior Vice President KINGSLEY 0.FORNESS,VIGO President 30 May 1979 RFCEA1=D Mr. Doug Reeder MAY 3 1 1919 City Administrator CI City Hall S OF SNAKOP, Shakopee, MN 55379 RE: Request for Issuance of Industrial Development Bonds for K-Mart Shopping Center Dear Mr. Reeder: We have reviewed the material you sent us and compared that data to your requirements for approval of commercial development issues. The data submitted conforms largely to your requirements with the following exceptions: I. It appears that the issuance of bonds for this program is contemplat- ed. Your policy relative to these programs requires the issuance of one or more mortgage revenue notes, rather than bonds, if a commercial project is to be constructed. 2. There is no specific breakdown of total costs for individual requirements of the issue such as building, furnishings, property development and cost of issuance. In the event you require the issuance of a mortgage note or notes for this program, your policies require a certification that real estate value is equal to at least 90% of the total face amount of the notes issued. That certification is not included in the material submitted. It is possible that certification cannot be made available at this time, and if notes are used, the construction and or final lender may have to provide that for you after a review of final cost estimates and construction plans submitted by the developer. The application indicates that Lynch and Lynch of Pittsburgh, Pennsylvania is to be designated as bond counsel. The City in the past has selected bond counsel, and believe has used the Dorsey office for issues of this type. In the event you wish to designate a different firm as bond counsel, you might wish to consider retention of your own legal counsel for the purpose of reviewing all legal documentation required by the issue. A review and approval of the indenture of trust and the Mr. Reeder 30 May 1979 Page 2 mortgage documents would seem to be particularly critical. Approval of your counsel of the documents should be a condition of any resolution expressing intent to issue these obligations. Prior to passage of any final resolution, we would suggest you review the final terms of the proposed K-Mart lease, the proceeds which are to be pledged as partial security for the payment of the obligations. You will want to satisfy yourselves that the required lease payments and term will be sufficient to pay the entire cost of the obligations when due. I am returning the material you sent us relative to this matter. If you have any further questions, please feel free to contact us. /V�r sincerely yours, Robert D. Pulscher First Senior Vice President Enclosures /cep .. 0 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA Resolution No. A RESOLUTION APPROVING A K mart PROJECT AS A COMMERCIAL DEVELOPMENT PROJECT AND GIVING PRELIMINARY APPROVAL TO THE PROPOSED PROJECT TO BE ACQUIRED AND FINANCED UNDER THE MUNICI- PAL INDUSTRIAL DEVELOPMENT ACT, AND AUTHOR- IZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR HIS APPROVAL THEREOF. WHEREAS, Zappala & Company, Inc., as the Managing Underwriters, has presented a proposal to consider the construction of a K mart store project within the City of Shakopee (the "K mart Project"), to be financed by the issuance of a concurrent Interim Construction Financing Note and long-term permanent Industrial Development Revenue Bonds of the City of Shakopee; and WHEREAS, it appears from the presentation that the construction of the K mart Project will promote the economic well-being and commerce of the City of Shakopee; and WHEREAS, the City of Shakopee is empowered under the Municipal Industrial Development Act of the State of Minnesota to undertake said K mart Project. THE CITY OF SHAKOPEE, THEREFORE, RESOLVES: 1. The K mart Project is hereby given preliminary approval as a Commercial Development Project to be undertaken by the City of Shakopee at a total estimated Project Cost of $1,000,000, with the total obligations to be issued by the City, including the Interim Construction Financing Note in the approximate amount of $1,000,000 to be issued to an Interim Construction Lender and the long-term permanent Industrial Development Revenue Bonds in the approximate amount of $1,000,000 to be sold to the Managing Underwriters, to be a total of approximately $2,000,000. 2. Upon submission by Zappala & Company, Inc., as the Managing Underwriters, of a firm proposal to purchase said Industrial Development Revenue Bonds, in form and substance satisfactory to the City Council of the City of Shakopee, the City will enter into a financing contract with Financial Properties Developers, Inc. as the Investor Developer of the K mart Project and will issue said Interim Construction Financing Note and said Industrial Development Revenue Bonds. 3. Nothing in this Resolution nor in thefinancing contract or bond purchase proposal to be presented in accordance with Section 2 of this Resolution shall be deemed to authorize a pledge of the general credit or the taxing power of the City of Shakopee, Minnesota, and any Note and Bonds issued in furtherance of this Resolution shall be payable only out of revenues derived from the K mart Project. 4. In accordance with Section 474.01, Subdivision 7a, Minnesota Statutes, the Mayor and Clerk-Treasurer, with assistance from the City Attorney, are hereby authorized and directed to submit the proposal for the Project to the State Commissioner of Securities and request his approval thereof, and the Mayor, Clerk-Treasurer, City Attorney, members of the Council, and other officers, employees and agents of the City, are hereby authorized to provide the State Commissioner with such preliminary information as he may require, and to take all other actions thereafter to effectuate the issuance of said Note and Bonds. 5. Financial Properties Developers, Inc. has agreed to pay any and all costs incurred by the City in connection with the K mart Project whether or not said Project is approved by the State Commissioner and whether or not said Project is carried to completion. The above and foregoing Resolution was offered at a regular meeting of tt�e City Council held on the day of 1979, by Alderman who moved its adoption and was seconded by Alderman and was adopted by the following votes: AYES: NAYS: Whereupon the above and foregoing Resolution was duly declared adopted on said , 1979• CITY OF SHAKOPEE By (CITY SEAL) Mayor Attest: Clerk-Treasurer 2. 0" MEMO TO: City Council FROM: David A. Dacquisto, Assistant Zoning Administrator RE: Delegation of Powers to the Planning Commission DATE: June 28 , 1979 The following points are covered under (M.S . 1974, 467 . 354, Subdivision 2) : When a municipality adopts zoning, it must create by ordinance a board of appeals and adjustments . In Shakopee , at present, City Council is the board of adjustments and therefore, responsible for final approval of variances . City Council may by, ordinance, create the Planning Commission as the board of adjustments for Shakopee. This would relieve City Council of hearing all variance requests acted on by the City . The Planning Commission, as the board of adjustments , would set and hold the public hearing, and its decision would be final on all variances . The question is not specifically dealt with in Statutes however, the City Council , by ordinance, may transfer to the Planning Commission the power to issue conditional use permits. Designating the Planning Commission as the board of adjustments would not be sufficient to empower it to issue conditional use permits , this must be a seperate ordinance. The Planning Commission would be authorized to grant condi- tional use permits if conditions are specified in the ordinance and if the application meets all the conditions . If an amend- ment to the Zoning Code,or other ordinance change is necessary to allow a conditional use permit , City Council must act on the matter first . After the changes have been made, at that time the Planning Commission can proceed with the conditional use permit . As the board of adjustments, the powers of the Planning Commission are also limited. The board is not a legislative body with authority to substitute its judgement for that of the governing body. Rather, it must uphold the letter of the ordinance , even though it may disagree with the content of the ordinance . The board should limit itself to those areas of discretion specifically assigned to it by the State laws and the zoning ordinance . In no case should the board. make a decision not permitted by these laws. Ck City Council June 28, 1979 Page -2- If these reforms are carried out , the Council may give the Commission' s decisions the following status : 1 ) Decision is final subject to judicial review, or 2) Decision is final subject to appeal to the Council and then to judicial review. If decisions are subject to appeal to the City Council , then an affected party must request a review by the City Council . The Planning Commission' s decision is final other- wise . There is no automatic review. Should the Planning Commission be given these specific responsibilities, it would mean all variances and conditional use permits would be handled by them. The City Council could review a case only under appeal . If no appeal is sought, the Council would not have the power to overrule the decision of the Planning Commission. Appeals would have to be restricted to ensure the deci- sions of the Commission are not appealed as a matter of course . A fifty dollar fee should be required as well as a time limit for requesting a Council review. DAD: lw ':A' MEMO TO: Mayor and Council FROM: Douglas S . Reeder, City Administrator SUBJECT: Building Inspector Appointment DATE: June 28 , 1979 It is recommended that the City Council hire Alexander Barac as the Building Inspector for the City of Shakopee . We received about 35 applications for the position and have interviewed a- bout 8 people . Mr. Barac has many years of construction experience and has an architectural education and appears to be very well acquainted with the building code. He will take the state test to become certified when it is next offered. I feel that his background will serve Shakopee well in a period of time when we will be ex- periencing the construction of many large commercial and indus- trial buildings . It is recommended that he be given a salary of $22 ,000 per year and that he be eligible for an increase after he has successfully completed his 6 month probationary period. DSR/klk 9C2. MEMO TO: Mayor and City Council FROM: Gregg Voxland, Finance Director SUBJECT: Library Re-roofing DATE: July 3 , 1979 It is my understanding that the question of re-roofing the old portion of the library has previously been brought before the Council and the work was authorized. The Library Committee is now requesting reimbursement for that portion of the project. Recommend approval of payment of $5 ,022.00 to the Shakopee Library Expansion Committee . GV/klk �f C, York Development 6550 York Avenue South Edina, Minnesota 55435 Telephone (612) 929-5571 April 12, 1979 Mr. James F. O' Neill JAMES F. O'NEILL CO. Suite 206 6550 York Ave. So. Edina, Mn. 55435 Re: Shakopee Community Library - Roofing & HVAC Dear Jim: The following figures reflect the cost of re-roofing the old Library: Cost to re-roof old portion of Library $ 3, 910. 00 Cost to tear off existing roof 645. 00 Cost to raise existing HVAC unit, ductwork, and piping $267 labor $200 467. 00 Total Cost $ 5, 022. 00 Sincerely, William F. Henning, Pres. York Development, Inc. WFH: sb i NOTICE OF APPLICATION FOR "OFF SALE" 3. 2 BEER LICENSE Notice is hereby given that an application has been made in writing to the City Council of the City of Shakopee , Minnesota and filed in my office praying for license to sell at retail "OFF SALE" non- intoxicating liquors by the following named persons at the place stated in said application, to-wit : Brooks Superette #28, 615 Marschall Road For a period starting July 15th, 1979 and terminating June 30th, 1980. Said application will be heard and determined by the City Council of the City of Shakopee, Minnesota at the Council Chambers in the City of Shakopee on the 3rd day of July, 1979 at 8: 30 P.M. , or thereafter. Witness my hand and official seal this 18th day of June, 1979. Douglas S. Reeder City Administrator A ' A N A L Y S I S A N D R E P O R T 0 N A N G L E P A R K I N G I N T H E C I T Y OF S H A K O P E E David A. Dacquisto Asst . Zoning Administrator June 25 , 1979 Parking Parking Add 'n. Spaces Spaces Net Location Feature Parking Angle 60% Parellel Loss Fuller-1st '& Jim & Lucy' s Lewis & Car Dealer Municipal 16 5 11 Fuller-1st & 2nd Berens Municipal & Berens 6 3 3 Scott- 2nd & 3rd Accountant ' s Office Own Lot 13 6 7 Scott- 4th & 5th Hospital 46 22 24 4th- Atwood & Scott Church 9 4 5 8th & Fuller Church 35 16 19 Shakopee & Dakota Church 13 6 7 5th- Lewis & Holmes Church 24 11 13 Summerville - lst & 2nd Post Office 25 11 14 Lewis - lst & 2nd Minnegasco Municipal 11 5 6 TOTALS : 198 89 109 -1- The problem was to measure the impact on Shakopee of eliminating angle parking in the city . This was accomplished by an analysis of available angle parking, number of parking spaces ,location, service areas , and the availability of substitute parking. Calculations were then made to ascertain the number of spaces lost if angle parking were eliminated and the affect this would have on Shakopee . Ten locations were identified where angle parking exists. Breaking them down, we find angle parking adjacent to four churches , St . Francis Hospital , the Post Office , Minnegasco, Fuller and 1st , Fuller and 2nd, and Scott and 2nd , Analyzing the parking space data , it has been determined that a 55% reduction in parking spaces would result overall , if angle parking was eliminated. This overall figure is also accurate for individual angle parking areas . By requiring parallel parking, each area would loose approximately one-half of their spaces . For some angle parking areas this would not be signifi- cant . The spaces lost could be made up by adjacent municipal parking facilities . Municipal lots could satisfy the needs of the areas at Fuller and 1st , Fuller and 2nd , and Lewis and 2nd . A private lot would supply parking for customers using the angle parking at Scott and 2nd. Problems arise only with the Churches , Hospital and Post Office . The churches are less significant in that park- ing is required only on Sunday. Here , the 55% decrease which amounts to from five to 19 spaces , could be provided for on adjacent streets . Walking distance would be increased for some, but this would not be a prohibitive factor. St . Francis Hospital is not supplied with adequate off street parking. There is a shortfall of 43 required off street parking spaces with only 20 spaces provided out of a required 63 spaces . Presently there are 46 angle parking spaces beside the hospital . If angle parking was eliminated, available spaces would be reduced to 22 . This may be significant in a hospital situation where parking distances from the hospital would be a major concern to some patients unable to walk far . -2- Regardless of what happens , St . Francis Hospital requires additional parking . A new parking lot would serve the needs of the hospital and eliminate the necessity for angle parking. The Post Office is another location which depends heavily on angle parking to supply parking spaces . At present there are 25 angle parking spaces , changing to parallel parking would leave 11 , for a decrease of 14 parking spaces . It would be difficult to make up for this loss elsewhere . In general ,however, provided alternate parking is found for the hospital , the elimination of angle parking from Shakopee streets would have no perceptable effect on the city. There are 198 parking spaces provided by angle parking. This is under optimum conditions with all cars properly parked . In actuality, somewhat fewer spaces would exist . Elminating angle parking would leave 89 spaces for a loss of 109 parking spaces in the city . People will perceive a greater affect from the elimination of angle parking than will actually occur. Citizens will tend to believe the loss of 109 parking spaces would have a detrimental affect on the community. Of the spaces lost , 44 or 40% serve area churches where angle parking only occurs on Sunday. An additional 20 spaces or 18% would be lost which are adjacent to municipal parking lots . These lots could easily absorb the additional automobile parking. . The parking at Scott and 2nd should not be considered crucial and this accounts for a loss of 7 spaces or 6%. Only 38 parking spots , or 35% of the spaces ; lost,could be considered crucial . These spaces serve the Post Office and Hospital . On street parking in the area may be sufficient to serve the needs of the Post Office. The Hospital , however, will need new off street parking facilities before angle parking would not be necessary for them. Citizens tend to believe the inconveniences created , and the affect of business , is greater than that which would actually occur if angle parking were eliminated. There is no business which would suffer as a result of eliminating angle parking. Churches also tend to oppose the elimination of angle parking. Angle parking for them, however, is a factor only once a week. During that period, side streets would be adequate to serve their needs . The parking is available , walking distances for some , however, would be increased. From a traffic standpoint , it can be seen that angle parking creates hazardous situations . The driver exiting from a parking space has at best a badly obstructed view of the traffic lanes . Added to the poor visibility, the exiting car must back into oncoming traffic . Drivers in the traffic lanes become passive while driving and are caught unaware by an automobile backing into traffic . Even if they are attentive a parked car with vision impaired may back into traffic suddenly causing an accident before the driver of an oncoming car is able to react . There are three alternatives which may be examined with regard to the problem of angle parking: 1 . Remove all angle parking 2 . Leave angle parking where it is 3 . Phase the removal of angle parking Removing all angle parking would create the impact already detailed. St . Francis Hospital and the Post Office would be the most affected. Other areas would not be significantly affected . Realistically, however, we would have to be pre- pared to defend the action as it would be strongly opposed by church groups and some businesses . Leaving angle parking where it is would leave in tact 109 parking spaces which would otherwise be lost. They pro- vide a certain level of convenience for some and essential parking for others . Additionally, however, if angle parking was retained , we could anticipate continued incidents of accidents and possible deaths attributed to the hazardous road conditions created by angle parking. In purely monetary terms, a fatal accident costs society $70,000, an injury $40,000. These figures do not include property loss costs . The third alternative would entail a phased elimination. All angle parking other than that serving St. Francis Hospital would be eliminated. For all areas other than the hospital , elimination of angle parking would not have a detrimental affect. The hospital would retain angle parking until ade- quate provisions for off street parking were made , Provisions, however, would have to be made within a reasonable amount of time . The third alternative may be the most responsible approach. It takes in the unique situation at the hospital and also deals realistically with the other cases of angle parking. -4- Appendix I Police Report on Accidents Due to Angle Parking, January, 1978 to June 19 , 1979 . Location Number of Accidents Fuller at 1st Jim & Lucy' s 2 Fuller - 1st & 2nd Berens 1 Scott - 4th & 5th St. Francis Hospital 1 4th - Atwood & Scott Church 2 8th - Atwood & Fuller Church 1 Shakopee at Dakota Church 1 5th - Lewis & Holmes Church 1 Sommerville - 1st & 2nd Post Office 2 Lewis - 1st & 2nd Gas Company 1 Total 12 Cost of non-fatal accident as determined by National Safety Council $ 40,000 Cost of accidents as a result of angle parking (12 x $ 40,000) $ 480,000 r CITY OF SHAKOPEE T 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: H.R . Spurrier , City Engineer FROM: Ray Ruuska , Engineering Coordinator SUBJECT: 11th & Jefferson St . DATE: June 15 , 1979 I have prepared an estimate on repair costs for Jefferson Street at 11th Avenue. I have determined that extensive removal of existing curb and gutter is involved. This will make necessary , an overlay with leveling course to match the new curb. An overlay would be necessary to correct the problem with poor street. crown as well. Driveway and boulevard restoration costs are included in this estimate. See the attachment. i Q 1 ESTIMATE 11th and Jefferson ITEM QUANTITY UNIT PRICE TOTAL PRICE Curb and Gutter 645 L.F. $ 1 5 . 00 $ 9,675 . 00 2341 Mod. Wear Overlay (2") 260 Ton 25 . 00 6 ,500. 00 C & G Removal 645 L.F. 3 . 50 23,257 . 50 Gran. Borrow 15 C .Y. 4. 00 60. 00 Sod 215 S .Y. 3 .00 645. 00 Cast. Adjustments 2 100.00 200.00 Tack Coat 182 gal. 1. 00 182 . 00 Leveling Course 202 Ton 18. 00 3, 636. 00 Plus Possible Mobilizations Costs NOTICE OF PUBLIC HEARING Notice is hereby given by the City Council of the City of Shakopee , Minnesota, that it will hold a public hearing in the Council Chambers at City Hall , Shakopee , Minnesota, on the 17th day of Ju July, 1979 at 9:30 P.M. , to consider the proposed Modification No. 1 , dated June 29, 1979, to the Valley Industrial Park Redevelopment Plan, dated January 23, 1979, which Plan is being carried out by the Housing and Redevelopment Authority in and for the City of Shakopee, which said Plan and Modification are on file in the office of the City Clerk of the City of Shakopee , at 129 East First Avenue , Shakopee , Minnesota, Scott County, and which Project includes an area bounded as follows : The right-of-way of County Road 83 Southerly of Trunk Highway 101 and northerly of County Road 16 ; Lot 1 , Block 1 , Valley Park Third Addition; and Lot 13, Block One , Valley Park Fifth Addition; and the West 1/2 of Section 9, Township 115, Range 22, except that part of the West 1/2 of Section 9, Township 115, Range 22 , Southerly of the centerline of County Road 16 ; all lying within the City of Shakopee , County of Scott , State of Minnesota. The purpose of the said hearing is to consider Modification No . 1 , dated June 29, 1979, to the Valley Industrial Park Redevelopment Plan, which Modification would include : the extension of the project boundary; the acquisition of property; the installation, relocation, construction, or reconstruction of utilities and other improvements ; to extend the use of tax increment to finance the necessary public costs involved. Any person or organization desiring to be heard will be afforded an opportunity to be heard at such hearing, all persons reading this notice being hereby directed to said Plan and Modification on file in the office of said City Clerk for full details with respect to the Plan and the proposed Modification thereto . Dated this 29th day of June , 1979. Douglas S. Reeder City Clerk MEMO TO: Mayor and Council FROM: Douglas S . Reeder ,City Administrator SUBJECT: Waiving of Building Permit Fees for Minnesota Restoration Site DATE : June 28 , 1979 Attached is a request thatthe City waive the building permit fees for the construction of the apartment units at the Restoration Site . They have received all the necessary financing from the County and will not be requesting anything from the City. It is recommended that you approve by motion the waiver of all local building permit fees for this project and all subsequent projects at the Restoration Site. DSR/klk CITY OF SHAKOPEE ITT 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: FROM:-- SUBJECT. DATE: 272 Crui:, 11uffridL;,.—Jjhn5on Co. of f-11)15 is fur a new Vilbra Pack II 2 'Vxi roller — the machine is a d,,monstratur unit which is vihy uff,-r u ;5, s acc,.,.)tud — the company was aoking $59800 for this unit whicli. (1 1973 roller 1617 36,2:-,,,) 11c:14 coli(ILtion. The only other unit available was a thich ua,-, i)rjc,.,d -,'u 04,50', been lookin,.., for a docent used vibratory compactor -.A1 Laif,mi(ir- and th'.s unit is the best that we've been able to find to date.. Loin,.- t,) Ia-up ()ur ofd 1961 uiie Ton roller because it is smaller arid can bk�; u. (-,,l on :�jjaj-] I U and '' -er This item is in the 1.979 Capital Equipment. BudiLcAq I z.ii,i aLA,;-i.nL; f,)i• C,)u;icj-1 a,yrov-il for this purchase. 4 t(j 2-2 0' -00'u5 utf' Qu'US uu' a Ir11'.ju b4fyt: JL 1011.1 lei£ ' 9.012 Ou•S0! 00'Sdf'l Ou'UUV Liu' Ivn..:J •U.i t, uezi • , Ou• Ua' U0• uu' �lU cya '��1,• r+U iJd nu%id u1hi 0091 -1506NS'1 S2'016 uu'UOS'e Uu VIVCaJb L-JAVIt, dlti£ 98LT -Ou•U0s'i u0_USL __ 00'05210 uU'1iS2 'Ja1?• LIST VOL -00.21 001191 000UO2 OU'bi did hJ:Jd:J A3nciite t.ISi 612e -Su'Zee'1 S6'Lll'2 00.000.0 56'Sef �sfl':I,t.l,-tivn•wU/..iy-olv Id I,►Si S'bi -518292 Sa'L£t . 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