HomeMy WebLinkAbout7.b. Novacek Appeal,
afRrs 19 �
t 05
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Of 2875 -145TH ST. W.
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ROSEMOUNT. MINNESOTA 55068
ose i o u n t 612-423-4411
February 18, 1987'
Mr. George Novacek
10226 196th Street West
Lakeville, MN 55044
Dear Mr. Novacek:
The Planning Commission of the City of Rosemount has denied
your request to operate an automobile repair and sales
business. The property in question is zoned Agriculture,
which does not permit these 'businesses. As I explained to
you earlier, the area has no immediate potential for public`
improvements, which plays a major role in redesignating
land uses and rezoning properties
You have the right to appeal this decision to the City
Council. If you so choose, you must contact the City
Administrator's office. This process takesapproximately
one month and requires a four-fifths vote of the City
Council to overrule the Planning Commission's action. -
Please do not hesitate to contact me if you have any
questions regarding this matter.
Sincerely,
Dean R. Johnson
Director of Planning & Building
DRJ:DQ
tRRLE 198? 05
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Plan _''or fut vre use. ^f 1 i't^ inY'op er ty from Pliil`t Auto Lodi.
+•ill. wil, t
i_Oc`:3?S Eui �iivfull lo! t) I L 2ttld i
w 1 l j , 1711 3f -cu c r.it1. _ xpe-'it e -.-ou.r E.1r,-acr 1 e ,0 t}1�it
rrn� �:-r3_ :Tit;h t"e t.>;ct .;t I'r n.et`, t}tu f�,,; it c r iaif:h tree
l.ado of;. reciL -,e i"j. if j cu ('Ulald te'li re
Ar, o. fin -I 7 1 "', t��.=�.. , c,,vsider tt�i,;, },e, i?.es lltils alid AAA,there
l.fi Oir" 77.-'-?.lf I'i1l? rr:Tn:'L of 1"i the Old-rechwz y f!,Ct-.o7'y, onrc rile east
�1, 1� �. {• �.-`7 (1 . „'Y'Fi_��hIV1�under irt� rn��t_ iwt_:, illiLa_- -
A17 T w i_ , o c U is fix r, r . lu as
You
~ Y9
ants urge coordinate , '
,g with. teen pregnancy
tion available to them, they tend
to delay the onset of sexual ac -
tivity and when they do become
sexually active, they tend to be
better "contraceptors", and show a
lower pregnancy rate.
Currently, there is an average
delay of 11 months between the
Lime a teenager becomes sexually
active and : the time he or she
seeks birth control, Resnick
added.
But half of all teenage preg -
nancies occur within the first 6
months of sexual activity, and
Legal help -for
19.87 Q - 7 �
MOTOR MOUTHI
All ,About Cars ... by George Novacek
20% of teen pregnancies occu-r in
the first month.
"The problem won't be solved
just if schools have clinics or if
schools teach coping skills," said
Joellen Johnson, chair of Mounds
View School District 621."
"It's much bigger'" that."
"Schools in conjunction'with
counties in conjunction -with
churches in conjunction with
community education in con
junction with whover—that's
who is going to solve this prob -
lem," Johnson said.
Tri-State
How to settle your
collision claim
If you have the misfortune of
being in an accident with your car
and, worse, if you may have
totaled it out, then you should
make sure you get your true
value.
To the insurance companies,
the NADA wholesale retail guide
book on auto values is the bible.
It will usually stand up in courts
if you challenge a settlement. -'
Some persons will buy a used
car at less than. NADA retail
value. Many, will- buy at average:
retail value and still a few more
this, the at -fault party or your
own company would have to pay
the claim.
If you total out a new car that
you have owned for about 6 or 8
months, .it's always .a tough
situation. The insurance company
can depreciate your car the same
as new car dealers can.
Or, if you paid $12,000 Jan. 1
and totaled it out Aug. 1, you
could conceivably collect as little
as $9,000.
' It is not an unheard of
situation to have an accident that
totals the car, the insurance
company pays the settlement and
you still owe money.on it.
homeowners nil, but, 90Me will pay over listed retail value. :You should always be careful.
help :available
The office of Minnesota
Attorney General Hubert Hum-
phrey m has announced that they
are distributing an . information
booklet for homeowners exper-
iencing problems' with Tri-Sta
Homes, Ipc.
Tri-State Homes, Inc. was
Mercer, Wisconsin -based builder
of manufactured homes which
sold about 680 homes in Min -
nesota in the 1970's.
This past summer, Tri -Sate
Homes was declared bankrupt and
its assets liquidated.
Homeowner complaints about
Tri-State homes in Minnesota be
gan to surface last summer after
similar complaints were pub
licized in Wisconsin.
Problems involve structural
decay of the homes due to high
moisture levels and lack o
adequate ventilation.
The booklet prepared by th
Attorney Generars office provides
information on the initiatives be
ing taken by Minnesota officials
to address problems; includes
copy of a Wisconsin Task For
report on Tri-State Homes; pro
vides expert, generic information
with respect to moisture an
ventalition problems; and, offer
possible sources of financial as
sismce though lending program
and property tax relief which may
be available to the homeowners.
The Attorney General's office
has been unable to identify an
realistic source through which
The first group has an edge. if the circumstances are such that
with the state: The 'insurance companies must. the at -fault party is the other
pay a total loss based on aaveragel ' driver and you are collecting from
cause the company was declared ' book value, even if you had just them. Be:rsure that,. besides,--
bankrupt
esides
bankrupt and no longer exists.: purchased the" car that morning adhering to. book values, 'your
Humphrey expressed the con'- for $500 or less. accepting a- check is for' the car
cern that homeowners. might be The party paying ,$500 too only. Don't sign away , other
misled or frightened by contract- much in the - same set of rights, such as a line,that says
to ors proposing expensive repair circumstances has a problem. The something like '"Ibis satisfies all,
solutions that. don't really solve only way. to cover yourself in claims". If you developed medical
a the problem.. that situation would be to have problems later, you could hiNe
• Ile is encouraging Tri-State your agent insure the extra cost trouble going' after the other
homeowners to take remedial ac- and state it. if you have done company.
tion now to lower humidity
levels in their homes, but to wait
for completion of a state evalu- ^� FR/
ation program before committing GV E,`
themselves to expensive repairs.'
The evaluation program; fioraf
which should be in operation in & (� j t
January, involves a team of in
spectors who will attempt to pin HOLIDAY HOURS: Mon. thru
point the source of the problems Fri. 8 am to 8 pm; Sat. 8 am to 5 pin
and determine what repairs are
f
actuallyter� anon on the ' WE DELIVER to Farmington,
Furtactivities of the state working - Lakeville, Rosemount &Apple Valley
e group on Tri=State Homes -and'. AVE �E Flowers Worldwide
the state evaluation, program will
be made available through* the; , :,
als University of Minnesota's Agri - 460=6266,_
a cultural Extension Service s EX _11.
Force
TEND -U
program,. through local': .
County Extension Services. P,S.--We Help
Booklets are being -mailed to,+
d those homeowners who have con , Weary. and Exhausted
s tailed the Attorney General's of = ;
fice either directly or through a Shoppers!
s referral. 302 Oak Street, Farmington, MN
Y To receive a copy of the bolt -
let, consumers can call their local
County Extension Service or the
Y Attorney General's Consumer 1Z_%SSSSS,
a Division -in St. Paul at 296 �,
t
10�."u 196th ;lest 2/28/87
D-keville Min. 55044 C s 1987 ® 5
Toel
^ubject- permission to repair autos.
Part one, the nature of my business.
I buY O-a.mrgt ed automobiles at insurance auctions and restore
th"m to normal use. Sometimes I go as far away as Phoenix Az or
Dalltis Texas to buy them.There are three such auctions in the
twin city area also. I attend$ these as well.
In order to buy at auctions I must be a registered car dealer
,,tial I,nv(- a state license. The states dealer division has ng.objee.,t
to is^ueinr a license on a property zoned agricultural as long;
Is the loc, 1 cor(w unity doesn't.
That is the purpose of this request. I need your consent to allo
rine to build a buildinf abotit 40 feet by 50 feet on 2058 135th stre
west rind to allow me to repair cars within that building and on
tho,;o primisen. Tlt:A address is zoned' agricultural.
"`fir �1 gins Ire for there being no visible evidence of the .o,peratto.
from; :any anp-le drivinf, by. It simply isn't a, retail type of� operat
Ut It is primarily a wholesale venture}. We sell our cars directly
to lenlc,rs or A auto auctions. We of course have the occasional
frlprO. or relative who wants one and some reffera,lse
I will hire no employees and open no used car lot. I and my, wife.
rref-r -gin o.por-ition that looks r,orr. like: a 'home then a business.
I would be aj-rneablr� to any conditions you mar set down and would,
to revue from time to time as you see fit.
as 1987 0 5
ter, ,,�� AM
9
pit
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( i`k �
Pert two -about me.
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I'n 52 years old. It has been my life longi; Goal to have my own,
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horse and enterprise. on the some spot. I like the comraunit of
I`
Ao^emount and this; property is ideally Huited for me. I'm; also
hnnrlicapned from polio in 1959 and this opportunity is kind of
r
,
�6jn f,gf !;
fx�'
i'
a laat time ?round for me.�rt
e
I'm ab).e to Oo thi's type of work with the help of my sons.
I rinnt have 9:ny j)1, -.ins to enlrarre it beyond Ply present size. We
u
worts about 4 to6 c•.r n � on av(zrace. The most we have ever had is
ls`Bi Y' i ,4 R
10. I sell the cars to dealers directly or at auto auctions.
Ocensionally,! I r P 11 to a friend or relative and on some occasion
I will buy a specific type of car for someone. Because of both
tine and monetary limitations alonf^ with ambition limitations,
tr',y blr ;irnss .All Trot see any substantival chance in the future.
I h tvo o1)nrnted -:t this level 'for 10 yeti rs now and arrr very
s'�t i�fit�d Ath it.
' 4,
}1;-jve never 31.id any colplaints from our corwiiuntty where we work
6
novr in Lal ovillc-. We h,rve no complaints aF-.ainst us at dealers
a ivi'=ion with this: st !te of Minnesota either. We guarentee our cars
in r-ur work. We 11,vP rrany repeat buyers.
I !-rite n. ref,.ul.-,r newspaper coltamn for the Lakeville Times about
auLor:iot,iles. I've also had a couple of free lance articles in
fir'
t;PL.S. m^-- zine a1on. with one in a national publication. I've
enclo-;ed one of my news columns.
grr
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Pcl ; three
Cit�tK'S a 07 � ,. le
Part three- should you grafi
While my plan isn't consistent with the
with the ;resent environment. With AAA acci
rev ;r have a buildup of waste car parts. W)
I will be an appropriate neighbor to Yhils
1'r operation will be ;very smalls family r
th•rn- of them. You r,:ay keep in mind too the
Verr-ission at any time land if you did the
license. This will keep us walkinf on eLi sl
to crente any rroblems are concerned.
It's also worthy to note that all car de,
rio ns t'ia.t if do nnythinr remotely ille,
t r,+ s ,-ird non�l it ions you set down, any lei,
woii ll bo covered.
"'herr-'s Un in this venture for you too
i,- unique. There erre not very rf;any of them
t-rerrenlour, effect on insurance rates. Adju
r!. r, with is litly le Is 30% dawapo because
j oi:lc; lik•. me to br y for them at insuranc
irriustry the adjusters would repair cars w
If it n vital economic service of benifi
►iii-rch,,jnts. It's also wholesale by nature.
mor,: JAon. The spot I w:-nt to use is ideal
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4A
OD
"MOTOR MOUTH"
All About Cars—by George Novacek
HERE'S AN ADVENTURE
THAT I COULD HAVE DONE WITHOUTI
In this article I'll make this
recommendation: If you're buy -
ing a new car, order power door
locks; if you own a used car
without power locks, or if you're
riding in any vehicle with
manual door locks, still use
them.
Here's whyl
1 was in Phoenix, AZ a short
time ago buying cars. On the
morning prior to the auction I
was on my way to look the cars
over in advance.
To get there from from my in-
laws, with whom I stay down
there, i have to cross the city
from east to west. One of the
best moving streets to use is Van
Buren St. There are no freeways
in Phoenix, and Van Buren
would compare with Lake Street
in Minneapolis, only the tacky
area is longer and, I'm now
convinced, more dangerous.
It was about 6 a.m. and still a
fairly dark twilight. While wait -
ing at a stop light, my passen -
ger doer suddenly opened and a
girl about 20 or younger jumped
in and pressed something silvery
and pointed against my right side
just above my belt.
I could feel a faint sting where
the point went through my shirt
to the skin. Her timing was
good; the stop light was chang -
ing. She said: "Start moving!"
I was still trying to compre -
bend what was happening and did
as she said since no sense of real
danger or panic had overcome me
as yet. "What do you want?". I
asked. "Just drive normal and
keep going 'til i tell you to
sop," was the reply.
Now, like President Reagan
once reportedly said: "All things
considered, I'd rather be in Phila -
deiphia," was the way I was be -
ginning to feel. .
I tried to evaluate her. She
looked like she had been up all
night. From what I've rad about
it, she probably was coming
down off some drugs and I hoped,
just trying to scare up some
money. I ruled out a possible
prostitute. With that knife or
whatever it was pressed against
my side, she wasn't selling
anything — she was taking!
I began weighing the conse -
quences of various actions.
Let's see, my heart is on my
left, she's on my right. That
vital organ should be safe. The
MORTON
SALT
PELLETS
80 LBS .... 4.99
40 LBS .... 2.69
MORTON SALT r'`'' -
blade appeared about 3" or 4"
long. I should be able to survive
at least one or two stab wounds
before I can disarm her. But,
what if it's extremely sharp? lust
one slash could disable me and it
would be Stitch City for me if I
didn't bleed to death first.
How about just jumping out
of the car? Why not? Oh, oh! All
my life I've been sitting on those
damn sat belts. This morning I
buckled up for a change, and her
knife was pointed just above the
release.
Wait, that could work in my
favor. if I have to, I can crash
this rental car into a post or
something solid. If I hit at about
20 to 30 mph, the belt should
hold me while she goes for one
heck of a ride. Okay, that's the
Plan.
I weighed all of these options
in about one minute and never
got the opportunity to use any of
them.
"All I want is your ash," she
said. "Hand me your billfold,"
she ordered, and i did. She opened
it, took out a $100 bill and a $1
bill, scrunched them up in her
hand and then began a hurried
search for more.
I pleaded, "I hope you're not
gonna take my credit cards."
"Do I look like what I need
could be bought with a credit
card?", she growled back sarcas -
c's 19 >Bfu7
ticaliy. I looked at her ani) asks- -
sed that she had a good point.
My cards were probably safe.
She threw the billfold down
on the front floor and said: "Stop
at the next light," now about a
block away.
At the light she opened her
door, jumped out and walked
casually back in the direction
from which we had come.
I was numb, overcome by a
series "of reactions. The first of
which was io reach over and push
the door lock button down. I felt
anger, defeat, desire for some
kind of revenge, for sure a little
poorer, but most of all embarras -
sed.
I had just been robbed by a
person half my age,,weight, size
and strength. I wasn't about to
go and report these facts to any -
one right then. Besides, by the
time f could have completed any
kind of police report, she probab -
ly would have been laying under
some table, drugged into obli -
vion on my money.
In the long haul l was luckier
than she was. This time she
scored. There'll come a time
when she won't
Still, I suppose I should have
told the police and that bothers
me, to I have now told you the
story. The primary lesson is:
Lock your car doors at all times!
Gregory J. Smith,
D.D.S.
—Family Dentistry—
M-F 8:30 a.m. to 6 pin.
Evening@ and Saturdays
byAppnintment
788119tyn "Ave.
Remember
All Your
P_ Valentines
% ...with a
VV HALLMARK
d �
CARD,-
FLOWERS
ARD,-FLOWERS
and GIFTS
0
Eagles, swans and hawks
fall to poachers guns in 1986
Five bald eagles, two pere -
grine falcons, five trumpeter
swans and several hawks and
owls were among the victims of
the 1986 hunting season.
The number of protected birds
wounded by shotgun pellets and
brought in to the University of
Minnesota's raptor clinic increas -
ed significantly during the last
hunting season and is the highest
level since 1981, said Carrot
Henderson, non -game supervisor
for the Minnesota Department of
Natural Resources.
Five trumpeter swans were
killed in mid-October. One was
wounded and another is missing.
The teenagers who shot one
swan thought they were snow
geese. Trumpeter swans are 25
pound"ive times the size of
snow geese.
Trumpeter swans are rare and
are protected by state and federal
laws.
Among the other wounded
birds brought this fail into the U
of M's Research and Rehabil -
itation Program were five eagles,
two peregrine falcons, six red-
tailed hawks, one northern turricr
(marsh hawk), one turkey vulture
and one barred owl
These birds, too, are protected
by state and federal laws.
All were wounded by shotguns
and were turned in from though -
out the state.
"fhe birds being turned in are
just a small index of the total
number being lolled," Henderson
said.
"Responsible sportsmen far
outnumber the careless or malic -
ious people who shoot protected
binds," Henderson added.
"But the single blast of a shot-
gun can destroy thousands of
dollars worth of effort to restore
bald eagles, peregrine falcons and
trumpeter swans."
Henderson also mentioned that
state law prohibits trappers from
setting leghold traps within 20'
of exposed bait or carrion that
might attract soaring birds of
PTey
Henderson urged people who
have information about the it -
legal killing or wounding og pro -
tected species to call the DNR's
Turn In Poachers (TIP) hotline at
1-800-652-9093. The program
provides a cash reward for inform -
ation leading to the arrest of a,
poacher.
The Creative Photography Studio
A FUR &m*e titurogn,0W8tudia
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20777HolyokeAve.W. Mark Anderson,
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FROM: DEAN JOHNSON, PLANNING DIRECTOR
DATE: JANUARY 30, 1987
SUBJ: FEBRUARY 3, 1987 REGULAR MEETING REVIEWS
1987 05
1367 - 1 45TH ST. E - R O. BOX 455
ROSI.MOUNT, MINNESOTA 5506£3
612-423-4411
4b. 130TH STREET (JAY SIMON'S ADDITION) - PARTIAL STREET VACATION
Attached are copies of surveys, illustrating Lot 12, Block 3, Jay Simon's
First Addition, and the encroachments of private property into dedicated
right-of-way. The lot is owned and occupied by Mr. and Mrs. Norman
Brucker, 12865 Bacardi Avenue. Also shown is the pond, which covers the
western portion of the lot.
Mr. Brucker is interested in removing a serious title problem, now that
they are trying to sell their home. City staff are interested in
obtaining a drainage easement across the pond. We are proposing to swap
right-of-way for a drainage easement.
After reviewing the situation in the field, staff recommends vacating all
of the platted right-of-way, south of Lot 12. The west half of the right-
of-way is under water and the east half has some fairly steep grades. The
area to be vacated represents a little more than a third of an acre of
land. The ponding area is over an acre. We feel much more comfortable
having to acquire right-of-way in the future, than having to acquire a
pond (and perhaps pay additional damages) in the future.
We will prepare a resolution with the appropriate legal descriptions for
the vacation. It is not likely that we will have the easement agreement
completed and executed prior to the hearing. Ultimately, we recommend
executing the resolution upon receipt of the easement.
5a. GEORGE NOVACEK - AUTO DEALERSHIP REQUEST
Enclosed are copies of information, submitted by Mr. Novacek, regarding
his request to repair and sell automobiles on Agriculture property. The
site is a small hobby farm with two homes, located on 135th Street at
Bacardi Avenue. The property is immediately south of Phil's Body Shop, a
legal non -conforming use.
I have met with Mr. Novacek and informed him that I cannot support his
proposal. The zoning does not permit the repair, sale or storage of
vehicles, nor does the use represent a legal home occupation. Discussions
of pole buildings and additional rental property only worsen the situation.
I have informed Mr. Novacek of the procedures to follow in pursuing his
proposal, including appeals to the City Council and local courts. There
is nothing about this request that I can support. The uses are simply not
permitted in the Agriculture District.
1V2.6 196"h W(,9t
Lakeville Tlir.r. . 55044 � 1987
05
h69-2016---469-2295
this rJate 1/25/ 37
To Mr. Gene Johnson,Dir. of planning*
subject -.Permission to obtain a Minn. dealers
license on a Rosemount property.
1-1vIha.t I .wish to do.
I'r^ buyirfr the property directly a.ccross from Phils Auto
P.o�y n.rd AAA auto parts. I want to put up a pole buildinr,40
fAnt 50 feet .ith cement floor, heated, and water for car
w.- shins'. I'v, enclosed a rou{,.;h diagram of the planned layout.
In this buildin:n and on these premises I wish to repair cars
which I buy it insurance suctions for resale at auto auctions
or 1 irectly i -o car dealers or ir. a few cases to personal friends
t their request.
In ort-? er to buy and sell autos at the wholesale leve -1 I must
h:-ive n '"na:lers license on the location. The state of Minnesota
will .incept an arricultura.l zone if the community raises no
0'h jecti on.
This is my fora+.l r.esuest to you to grant me this permission.
2-r,,,out Pie.
I'vp been :?.cinr- t1le above c?_rscribed work in LL?.keville for about
1.0 v(.ars now. I work with r1y two sons Brian and Allen aEes 24 and
?2.Cvr cor n.7,,ny ra.r e is Nova Chek Sales Minr. auto detler No.14849.
C'u- t ? i^ 10825 west 215 Street Iakeville. '1?inn. 55044
1'-- 52 years of c3. -and handicapped from polio. I a.rm capable of doing
';his t 7r;,e of work prix: a.rily because what is physically too difficult
f0'' I7.p Iry stirs rlo.
acs 1987 a5.
Fill
You will finrl_ no complaints of any kind. ap., iinst our dealers
license ror any claims ever r',:tdP, ava.inst our bond. In Lakeville,
your counterpart, Jiro Robinette barely knows we exist. I suggest
to you knowing your Misgivings about the idea, thi-s should speak
in r'y +avor. I'm known better in Lakeville for a, weekly column
I write for Dick Sherman, editor of the Lakeville times newspaper.
I -1so to some free lance writing as a-sideline to my automobiles,
I've enclosed a sample cony of one of my articles.
3-NMv I think you should Frran.t rye the permission.
First, if I read. the Minnesota license application form and
understand it correctlir, iron dont even have to xmko justify the
location. You can say that it's not zoned industrial,but that you
choose to tolerate my existense. Second, you will have an extremely
short and tight chain on my operation. You could at any time on
Just. -%rour own authority cell the dealer division and state that you
are no lonrfer tolerant of my operation at that location and the
state would revoke our license
I assure you that with that kind. of power we will always feel we
are wa.l.kinr on ereshells and be very ca.refull not to create
any rind cif problems for you or neiGhbors.
Third, I hope you calli understand :z life longi dream to have my
home and work all in the same place. What I'm paying; for commercial
property rent can now Co into your community. This property also
has a, snall rental house on it presently occupied by one of your
errloye-s Diarr e Kortella. Another ply .n I have is to rerrodel and
enh .nce th:� rngin hve a.nd rri ke an .apartr ent in the basement. This
ccull -raduRlly 1p=a.d. re to a point, where the property could pay
�'or i.'-r-el.f,rovid.e sc'ctiritv far re=nd my rife and I n=-.ed.n't 'ever 6ecv7yia
FAE
$ 1�i�7 05
welf<a.rP recipient.
I rhoi?ld becone in ,excellent buffer for future residents
by hei.rrr between there and AAA auto parts. I can say without
reserv,ition.s I will never open a junk yard or even develop the
dPsire to. I r1ont want to orerite a used car lot, I dont want to
rut-, up r,ny sign^ other then for rail delivering purposes and
I l+avp no i.r.tention.s of advert' zirip.- or seekinE retail auto repair
•�ror�s.
Sumrary.
17r. John^on, I know from our conversation y(.0 are skeptical about
my reoue t. I'm hopin:r- this 'request letter will allay -your fears.
I fp 1 that I'm a:skinr very little and that I'm being reasonable.
I kn.rw Ir,o -rou cant talk to anyone in Rosemount who hasn't
heard of Willie Harrim ton. I can only say there are very few
people like him around. I'm moving into that spot with my wife
and. (T-azr^hter and. with norria.l everyday renters, the Kortella.s,,. I'm
not going to dr=ip; a dead cow onto the property to feed r.uard dogs.
s,
d
Yes) I heard. about that. I'm -4skin for a chance to Drove that
P�i-rirr, rye ,parr irr-ion is n.othin.a more then a, generous . thirE. to do.
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