HomeMy WebLinkAboutPacket It ROSEMOUNT AG
City CouENDA
ncil Regular Meeting
May 1, 2007
CITY COUNCIL 7:30 p.m.
City Council Chambers, City Hall
1. Call to Order/Pledge of Allegiance
2. Additions or Corrections to Agenda
3. Public Comment
4. Response to Public Comment
5. DEPARTMENTAL REPORTS/BUSINESS
a. Proclamation of National Public Works Week
b. Rosemount Resident Survey—Presentation of Results
6. CONSENT AGENDA
a. Minutes of the April 11, 2007 Work Session Proceedings
b. Minutes of the April 17, 2007 City Council Proceedings
c. Bills Listing
d. Property Acquisition, 14340 Cameo Avenue
e. SECOND READING: Renaming Ordinance for Bonaire Path
f. Payment#12 & Final—Well#14, City Project#382
g. Approve Joint Powers Agreement-County Road 42/Shannon Parkway Intersection
Improvements, City Project#412
h. Danner Inc. Mineral Extraction Permit, 07-12-ME
7. PUBLIC HEARINGS
8. OLD BUSINESS
9. NEW BUSINESS
a. Adopt City Council Goals 2007-2008
10. ANNOUNCEMENTS
11. ADJOURNMENT
12. WORK SESSION
a. Rosewood Commons Concept Planned Unit Development(PUD) Progress Land Company,
07-06-CON
' ` RQSE� V1Ot�II��T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: May 1, 2007
AGENDA ITEM: Rosemount Resident Survey — AGENDA SECTION:
Presentation of Results Departmental Reports
PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. b
ATTACHMENTS: None APPROVED BY:
RECOMMENDED ACTION: Receive the results of the 2007 resident survey
ISSUE
The City of Rosemount has retained Decision Resources Ltd., a nationwide polling firm based
Minneapolis, to conduct a bi-annual attitudinal survey of its residents. The survey is an important
benchmark of residents' priorities and concerns on issues of significance to the community, as well
as being an indicator of residents' satisfaction with City services. The survey results are used as
one of many inputs to policy direction and community visioning by the City Council and the staff
when evaluating and prioritizing issues.
Bill Morris of Decisions Resources will be present at the meeting to convey the survey results.
BACKGROUND
The random telephone survey of approximately 400 residents was conducted in March. Mr.
Morris will be able to explain how the sampling is drawn as well as the statistical relevance and
scientific basis of the survey process.
SUMMARY
Staff recommends that the City Council receives the results from Decision Resources.
ROSEMC�UNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: May 1, 2007
AGENDA ITEM: Property Acquisition, 14340 Cameo AGENDA SECTION:
Avenue Consent
PREPARED BY: Kim Lindquist, Community Development AGENDA NO. 40 •
Director
ATTACHMENTS: Site Map, Purchase Agreement APPROVED BY:
RECOMMENDED ACTION: Motion to approve the purchase agreement for 14140 Cameo
Avenue.
DISCUSSION
Attached is a purchase agreement for the property at 14340 Cameo Avenue. The property is located
west of the St.Joseph's ro ex and new librarysite on the east side of Cameo Avenue and 143 ra
property ty
Street. Potential acquisition of the properties along the east side of Cameo has been a topic of
discussion by staff and the Council. Staff has met with all property owners who have expressed
varying interest in selling their properties to the City. The City has recently purchased the property at
14300 Cameo; three houses north of the Harvego property.
The proposed purchase price for the home is $274,900.00. Dan Wilson,Wilson Development
Services, arrived at this price based upon reviewing comparable home sales in the last 6 months. The
Harvegos do not have another home for purchase as yet. Therefore the closing is set in the purchase
agreement for September 1, 2007 or before depending upon their circumstances. Funds for the
purchase are from those designated for St.Joseph activities.
CONCLUSION
Staff recommends approval of the purchase agreement.
SITE MAP .,
OPERTY ID NUMBER:34-66500-050-00 2007 ESTIMATED MARKET VALUES(PAYABLE 2008) 2007 BUILDING INFORMATION(PAYABLE 2008):
E OWNER: ANDREW HARVEGO& LAND: 56,800 LOT SIZE(EXCLUDES TYPE S.FAM.RES
CARISSA HARVEGO BUILDING: 185,200 ROAD EASEMENTS) YEAR BUILT 1954
14340 CAMEO AVE TOTAL: 242,000 ARCH/STYLE ONE STORY
ROSEMOUNT MN 55068 11,997 SQ FT FOUNDATION SQ FT 1482
SCHOOL DISTRICT: 196 0.28 ACRES FINISHED SQ FT 2364
OPERTY ADDRESS: 14340 CAMEO AVE BEDROOMS 3
ROSEMOUNT MN 55068 LOCATION: SE1/4 NW1/4 SECTION 29-115-19 BATHS 2.5
FRAME WOOD
YABLE 2007 TAXES(DELINQUENT TAXES IN PAST YEARS) PAYABLE 2008 HOMESTEAD STATUS: FULL HOMESTEAD GARAGE SQ FT 660
OTHER GARAGE
T TAX: 2,656.96 WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG
ECIAL ASSESSMENTS: 249.98 ,
TAL TAX&SA: 2,906.94 LAST QUALIFIED SALE:
DATE: 8/1991 AMOUNT: 103,000
YABLE 2008 ASMNT USAGE:RESIDENTIAL
\*/'
/ F
TE: Dimensions rounded to nearest foot. PLAT NAME: SCHOOL ADDITION N
TAX DESCRIPTION: S 321/2 FT OF LOT 4&N 45
Jyright 2007,Dakota County- FT
5
s drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
s drawing is a compilation of records,information and data located in various city,county,and
:e offices and other sources,affecting the area shown,and is to be used for reference purposes
y. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
nd,please contact Dakota County Survey and Land Information Department.
p Date:April 26,2007 Parcels Updated:4/19/2007 Aerial Photography:2004
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 02
PIN#34-66500-050-00
PURCHASE AGREEMENT
THIS AGREEMENT, made and entered in this day of 2007, by and
between,Andrew Harvego and Caxissa Harvego, a married couple, ("Seller"), and the
City of Rosemount, a public body corporate and politic under the laws of Minnesota.
("Purchaser").
In consideration of the mutual terms, covenants, conditions, contingencies and
agreements hereinafter contained, it is hereby agreed by and between the parties as
follows:
1. Sale of Property. Seller agrees to sell to Purchaser and Purchaser agrees to
purchase from Seller the real property located at 14340 Cameo Ave., Rosemount,
MN 55068 legally described as follows:
S 32 '4 feet of lot 4 and N 45 feet of lot 5 School Addition
(legal to conform to street address)
Together with all buildings, improvements and fixtures owned by Seller, all
easements, rights and appurtenances thereto, and all of Seller's rights, title and
interest in all public ways adjoining the same. The following personal property is
included in the sale (Seller to cross out any items not included in the sale): storm
windows and inserts, storm doors, screens, awnings,window shade, blinds, curtain-
traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures,
sump pumps, water heaters, heating systems, built-in appliances, garbage disposals,
installed carpeting, work benches, television antennas and hood-fans.
2. Purchase Price and_Mannar of Payment. The total purchase price ("Purchase Price")
to be paid by Purchaser to Seller for the Subject Premises shall be Two Hundred,
Seventy-Four Thousand, Nine Hundred and no/100 Dollars($274,900.00). The
purchase price shall be paid as follows:
a) Earnest money: None
b) Two Hundred, Seventy-Four Thousand, Nine Hundred and no/100
Dollars ($274,900.00)to be paid in cash on the date of closing.
3. Salvage Rights. None
11 the Real Property is beingconveyed to the
4. As-Is-Basis. It is specifically agreed that p ty Y
P Y �
Purchaser by the Seller in"As-Is-Condition"("with all faults"). Seller agrees to
remove all personal property and debris in the house, garage and on the property
before the date of closing.
I*zrang0 Pureha a Agreement LT 4/16/07 Page J.of 8
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 03
5. Contingencies. The Agreement and closing hereunder shall be made contingent
upon each of the following:
(a) Purchaser being satisfied as to good and marketable title to the Subject
Premises in Seller pursuant to Paragraph 6 herein;
(b) All warranties and representations of Seller hereunder being true and
correct as of the date hereof, and on the Date of.Closing;
(c) Purchaser determining, on or before the Date of Closing, that it is satisfied
with the matters disclosed by soil testing and a physical inspection of the
Subject Premise conducted by Purchaser and its agents. Purchaser and its
agents shall have the right to enter into the Subject Premises for the
purposes of making soil tests and such other physical inspection
measurements and investigation as Purchaser deems necessary; provided,
however, that Purchaser shall not interfere with the operation of the Subject
Premises and, provided further, that Purchaser shall indemnify and hold
Seller and the Subject Premises harmless from all liabilities arising from
entry upon or testing of the Subject Premises, including but not limited to
liabilities arising from mechanic's, materialmen's or other liens filed against
the Subject Premises connection with work performed or material furnished
by or at the direction of Purchaser.
(d) Purchaser determining, on or before the Date of Closing, that it is satisfied
with the matters disclosed by its review of any reports obtained by Purchaser
from third parties in connection with investigation of the Subject Premises
for the presence of hazardous or toxic waste.
If all the foregoing contingencies have not been satisfied or waived by Purchaser on or
before the Date of Closing or such other date as is expressly set forth above, then this
Agreement may be terminated at Purchaser's option, and upon written notice of
termination, any Earnest Money deposited by Purchaser, together with interest earned
thereon, shall be returned to Purchaser, and upon such return neither party shall have
any further rights or obligations with respect to this Agreement or the Subject Premises.
If notice of termination of the Agreement for failure to satisfy any contingency set forth
above is not given by Purchaser on or before the Date of Closing, such contingency shall
be deemed waived by Purchaser.
Purchaser shall have the right to unilaterally waive any contingency and proceed to
close. Each party shall cooperate with the other in satisfying the conditions hereof.
6. Evidence of Title. Seller shall, within ten(10) days after execution of this
Agreement, cause to be delivered to Purchaser for examination by its attorney an
Abstract of Title certified to date (or a Certificate of Title and Registered Property
Abstract),which shall include proper searches covering bankruptcies and State and
Federal judgments and liens. Within 1.5 days thereafter the Purchaser shall give
notice in writing to the Seller of any defects in or objections to the title as so
Pa e2of8
Ilarosgo Purchaae.9g�-eemen,t g
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 04
evidenced and Seller shall thereafter clear the title of the defects and objections so
specified at Seller's expense. Title to be conveyed as herein provided shall be
marketable title, free and clear of all liens, encumbrances,restrictions options to
purchase, and easements, except as may be expressly waived by Purchaser.
7. Representations and Warranties by Seller. Seller represents and warrants to
Purchaser that:
(a) The individuals executing this Agreement and the documents referred to
herein on behalf of Seller have the legal power, right and actual authority to
bind Seller to the terms and conditions hereof and thereof. This Agreement
and all documents required hereby to be executed by Seller are, and shall be,
valid, legally binding obligations of and enforceable against Seller in
accordance with their terms.
(b) On the Date of Closing, Seller will own all of the properties and assets being
conveyed hereby, free and clear of all leases,liens, charges and
encumbrances.
(c) Seller has received no notice of any action, litigation, investigation or
proceeding of any kind pending against Seller, nor to the best of Seller's
knowledge is any action, litigation, investigation, or proceeding pending or
threatened against the Subject Premises, or any part thereof.
(d) Seller will cause, to the extent applicable, all policies of insurance covering
the Subject Premises with respect to fire and extended coverage risks, and
liability to be kept in full force and effect through and including the Date of
Closing.
(e) On the Date of Closing, there will be no service contracts in effect in
connection with the Subject Premises, except those which are terminable on
thirty (30) days'written notice.
(f) Seller warrants that it has not used the Property for the storage of hazardous
substances or petroleum products and, as of the date of this Agreement, is
not aware of any facts the existence of which would constitute a violation of
any local, state or federal environmental law, regulation or review procedure
or which would give any person a valid claim under the Minnesota
Environmental Rights Act or the Federal Comprehensive Environmental
Response, Compensation and Liability Act. The foregoing is applicable only
to Seller's actual knowledge of facts, and Seller represents that Seller has
made no independent investigation of the Property.
(g) Seller has not entered into any other contracts for the sale of the Subject
Premises, nor as of the Date of Closing will there be any first rights of refusal
or options to purchase the Subject Premises.
Ha,vego ParchaRe Agreement Page 3 of S
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 05
(h) Seller has not entered into any commitments or agreements with any
governmental agency or public or private utility affecting the Subject
Premises which have not been disclosed in writing by Seller to Purchaser.
(i) Seller warrants that the Subject Premises is the seller's personal residence
and is only occupied by the seller.
(j) Seller will not construct or enter into any agreement or commitment to
construct any improvement or alteration to the Subject Premises.
(k) Seller will not enter into or consent to any easement, covenant or other
obligation affecting the Subject Premises or alteration to the Subject
Premises.
(1) To the best of Seller's knowledge, after due inquiry, Seller is not in default
with respect to any of its obligations or liabilities pertaining to th.e Subject
Premises.
(m) Seller has not entered into any brokerage or agency agreements in relation
to the sale of the Subject Premises and there is no brokerage fee or
commission due and owing to any person or entity in relation to the sale of
the Subject Premises.
Not withstanding any provisions herein to the contrary, if a closing occurs hereunder,
Seller shall indemnify Purchaser,its successors and assigns, against, and shall hold
Purchaser, its successors and assigns, harmless from, any loss, costs, expense or
damage, including reasonable attorneys' fees directly arising out of or resulting from the
breach of any of the representations and warranties herein contained, whether such
loss,cost, expense or damage arises prior to or after closing,provided that Purchaser did
not have knowledge of said breach on or before the Date of Closing. All warranties and
representation herein contained shall survive a dosing.
8. CIQebag. Th.e date on which the closing of the transaction herein described shall
occur(- • ich da - is herein referred to as the"Date of Closing") shall be on or before
• 2007.The closing and delivery of all such documents shall
take Mgr office of City of Rosemount or at such reasonable location as may be
04, agreed upo .y Purchaser and Seller.
9. Possession. The Seller agrees to deliver possession of the Subject Premises
immediately after closing.
1.0. Costs and Prorations. Seller and Purchaser agree to the following Prorations and
allocation of costs in connection with this Agreement and the transactions
contemplated hereby:
(a) Seller shall pay the costs of certification and delivery of the Abstract of Title
or Certificate of Title and Registered Property Abstract contemplated
hereunder.
Harvego Purchase Agreement Page 4 of 8
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 06
(b) Purchaser shall pay all state or local transfer or deed taxes in connection
with the Deed to be delivered hereunder, if any. Purchaser shall pay
recording charges in connection with recording the documents to be delivered
herein.
(c) Seller shall be responsible for payment of the real estate taxes due and.
payable in the year of the sale prorated to the date of closing. Seller shall pay
all real estate taxes due and payable for the years prior to date of closing,
together with all special assessments levied against the property. Also,
Seller shall pay any and all green acres or other deferred taxes and/or special
assessments levied or pending against the property.
(d) Each of the parties shall pay all of its own respective attorneys'fees in
connection with the negotiation, preparation and closing of this Agreement
and the transaction contemplated hereby.
If, and to the extent, any cost or fee shall be payable by Seller under this Agreement,
Purchaser shall have the right to pay such amount for the account of Seller and deduct
the amount thereof from the cash due Seller at the Date of Closing. If the amount of
Seller's obligation cannot be determined on the Date of Closing, Purchaser shall have
the right to establish an escrow account(and offset from the cash payment) 150% of the
maximum foreseeable liability.
11. Clo ing Documents. At the Closing, Seller shall execute and deliver to Purchaser
the following (collectively the"Closing Documents"):
(a). Deed. A General Warranty Deed, in recordable form.
(b). Seller's Affidavit. A standard form affidavit by Seller indicating that on the
date of Closing there are no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Subject Premises; that there has
been no skill, labor or material furnished to the Subject Premises (other than at
the request of Purchaser) for which payment has not been made or for which
mechanics'liens could be filed; and that there are no other unrecorded interests
in the Subject Premises.
(c.) Storage Tanks. If required an affidavit with respect to storage tanks
pursuant to Minnesota Statutes Section 116.48.
(d). Well Disclosure. If there is a well located on the Premises, a well-disclosure
statement in form and substance true to form for recording.
(e). Certification. A certification that the representations and/or warranties made
by the Sellers are the same as were in existence on the date of the Purchase
Agreement; and
M. Abstract. A registered Property Abstract or Abstract of Title certified to date.
Horuego Purchase Agreement Page 5 of 8
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 07
(g). Other Documents. All other documents reasonable determined by either party
and the title insurance company to be necessary to transfer and provide title for
the property.
12. Assignment. Purchaser shall have the right to assign its interest under this
Agreement, without first obtaining the consent of Seller, provided that Purchaser
shall remain liable to Seller under this Agreement.
13. Survival. All of the terms, covenants, conditions, representations,warranties and
agreements contained in this Agreement shall survive and continue in force and
effect and shall be enforceable after the closing.
14. Notices. Any notice or election required or permitted to be given or served by any
party hereto upon any other shall be deemed given or served if personally delivered
to an officer of the party to be notified or if mailed by US registered or certified mail,
postage prepaid, return receipt requested, or sent by reputable overnight courier, to
the property address as follows:
If to Seller: Andrew and Carissa Harvego
14340 Cameo Ave
Rosemount, MN 55068
If to Purchaser: Kim Lindquist
Community Development Director
City of Rosemount
2875 145th St. W.
Rosemount, MN 55068
Except as otherwise expressly provided herein, each such notice shall,be deemed to have
been received by, or served upon, the party to whom addressed on the date which is
three (3) days after the date upon which the same is deposited in the US registered or
certified mail, postage prepaid, return receipt requested, properly addressed in the
manner above provided, and if served personally or sent by reputable overnight courier,
on the date of service or delivery. Any party hereto may change its address for the
service of notice hereunder,in the manner above specified, ten(10) days prior to the
effective date of such change.
15. Effective Date of Agreement. This Agreement shall become effective and shall,be
binding upon the parties hereto only after it has been executed by each of the parties
hereto. Buyer will have no more than ten(10) days after date of Seller's acceptance
of this agreement to accept and sign this purchase agreement.
16. Captions. The paragraph headings or captions appearing in this Agreement are or
convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement.
17. Entire Agreement: Modification. This written Agreement constitutes the entire and
complete agreement between the parties hereto and supersedes any prior oral or
written agreements between the parties hereto with respect to the Subject Premises.
Harusgo Purchase Agmement Page 6 of 8
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 08
It is expressly agreed that there are no verbal understandings or agreement which
in any way change the terms, covenants or conditions herein set forth, and that no
modification of this Agreement and no waiver of any of its terms and conditions
shall,be effective unless in writing and duly executed by the parties hereto.
18. Binding Effect. All covenants, agreements, warranties and provisions of this
Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns. When used herein, the singular shall
include the plural, the plural shall include the singular, and the use of one gender
shall,include all other genders, as and when the context so requires.
19. controlling Law. This Agreement has been made and entered into under the laws of
the State of Minnesota and said laws shall control the interpretation enforcement
hereof.
20. Remedies. If either party shall default in its obligations hereunder, the sole
remedies available to either party, except with respect to defaults under Paragraph
5 herein for which damages shall be recoverable as provided therein, shall be (I,) to
terminate this Agreement by written notice to the other party, in which event
neither party shall have any further rights or obligations hereunder or (ii)to seek
performance of this Agreement.
21. Counterparts. This Agreement may be signed in one or more counterparts, all of
which taken together shall be deemed one original.
22. Severability. If any provision in this Agreement, or any application thereof, shall be
invalid or unenforceable, the remainder of this Agreement and any other application
of such provision shall not be affected thereby and shall not be rendered invalid or
unenforceable.
23. Acceptance. Seller understands and agrees that this Purchase Agreement is subject
to acceptance by Purchaser in writing.
24. Relocation. The seller is a displaced person under Minnesota Statutes 117.52 and
as such is eligible to receive residential relocation benefits as provided in the
Minnesota Uniform Relocation Act. The purchaser has identified the property at
4307 159th Court W., Rosemount currently listed for $274,900 as a comparable
replacement dwelling for the purposes of calculating the sellers replacement
housing payment. The purchase price is the same amount as the cost of the
identified comparable replacement dwelling. As such the seller will receive no
additional differential replacement housing payment.
The seller is entitled to receive incidental closing costs and personal property
moving costs as defined in the Minnesota Uniform Relocation Act. These costs will
be paid by the purchaser upon submission by the seller of documentation of eligible
cost having been incurred.
irar, go Pur ivae Agreement Page 7 of 8
04/25/2007 16:28 9524484676 WILSON DEVELOPMENT PAGE 09
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
SELLERS:
Dated: VA,/7 BY
Andrew Harvego
Dated: 'A h 23 1 b 1 BY Da AA`a-c\--)--
Carissa Harvego
PURCHASER:
City of Rosemount
Dated: BY
Dated: Attest:
Date of Final Acceptance
Harvego Purchase Agreement LT 4/16/07 Page 8 of 8
ROSEv1OUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: May 1, 2007
AGENDA ITEM: Case 07-12-ME Danner Inc. Mineral AGENDA SECTION:
Extraction Permit Consent
PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. l• ti .
ATTACHMENTS: 2007 Mineral Extraction Permit, Site
Map, Phasing Map, Letter from Danner APPROVED BY:
Inc.
RECOMMENDED ACTION: Motion to approve the 2007 Mineral Extraction Permit for
Danner, Inc. with conditions.
SUMMARY
Applicant&Property Owner(s): Marlon L. Danner of Danner, Inc.
Location: 4594 145th Street East- 1.25 miles east of STH 52/56 and
1/4 mile south of CSAH 42
Area in Acres: 75
Comp. Guide Plan Design: IM—Industrial/Mixed Use and AG -Agriculture
Current Zoning: AG—Agriculture
Material removed in 2006: 70,000 Tons
ISSUE
Marlon Danner is requesting renewal of the mineral extraction permit for his property on the south side of
County Road 42, 1 1/4 miles east of U.S. Hwy. 52. This is a routine annual permit renewal as required by
ordinance.
BACKGROUND
The applicant, Marlon Danner of Danner, Inc. requests renewal of the mineral extraction permit for the
property located at 4594 145th Street East. This request is based upon the routine annual review and
renewal of the current permit. This pit is currently in the 2000 phase.
In 2006, approximately 70,000 tons of aggregate material was extracted from the 1999 and 2000 Phases of
the site. The applicant plans to extract 70,000 tons of material from the 1999 and 2000 Phases of the site
during 2006.
This request is subject to the conditions outlined in the attached permit. In addition to these specific
conditions, all mineral extraction permits are subject to the general performance standards outlined in
Section 12.4 of the Zoning Ordinance. Upon review of these standards,police records, and the information
submitted by the applicant, staff recommends approval of the Danner Mineral Extraction Permit 2006.
PLANNING COMMISSION DISCUSSION
The Planning Commission conducted a public hearing on April 24, 2007. No residents spoke at the public
hearing. The Planning Commissioners had no questions or comments. The Planning Commission
recommended approval of the 2007 Mineral Extraction Permit for Danner, Inc.
RECOMMENDATION
Motion to approve the 2007 Mineral Extraction Permit for Danner, Inc. with conditions.
2
Mineral Extraction Permit
2007 Conditions for Mineral Extraction Permit Renewal
DANNER, INC.
A. Danner Inc.,hereinafter referred to as the"Property Owner", shall sign a written consent to these
conditions binding itself and its successors or assigns to the conditions of said permit.
B. This permit is granted for the area designated on Exhibit A,which is attached hereto as one of the
exhibits.
C. The term of the permit shall extend from May 1,2007 until December 31,2007 unless revoked prior to
that for failure to comply with the permit requirements. An Annual Mining Permit fee of$370.00 shall be
paid to the City of Rosemount.
D. All required permits from the State of Minnesota,County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the
permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
E. The final grading for the permit area shall be completed in accordance with the attached grading plan
labeled Exhibit B,or as approved by the City Engineer, and any other conditions that may be imposed by
the City from time to time.
F. All gravel trucks and other mining related traffic shall enter and exit the mining area from County State
Aid Highway 42. It shall be the Property Owner's responsibility to obtain any access permits or
easements necessary for ingress and egress. The location of the accesses and/or easements for ingress
and egress shall be subject to approval by the City,as well as the County Highway Department if any
changes occur relative to the mining process.
G. A plan for dust control shall be submitted to and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit
from streets. After the Property Owner has received 24-hour verbal notice,the City may complete or
contract to complete the clean up at the Property Owner's expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department,the City may proceed
immediately to complete or contract cleanup at Property Owner's expense without prior notification.
H. The surface water drainage of the mining area shall not be altered so as to interfere,contaminate,or
otherwise affect the natural drainage of adjacent property.
I. No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A the Phasing Plan.
J. Any costs incurred now or in the future in changing the location of existing public or private utilities
including but not limited to pipelines,transmission structures and sewer infrastructure located within the
permit area shall be the sole obligation and expense of the Property Owner.
K. All costs of processing the permit,including but not limited to planning fees,engineering fees and legal
fees,shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee
for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees
to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
1
L. The daily hours of operation for the mining area shall be limited to 7:00 a.m.to 7:00 p.m., subject,
however,to being changed by the City Council.
M. The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of
the City for the cost of restoration,regrading and/or revegetating land disturbed by mining activities and
to assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of
Minnesota with the right of the surety company to cancel the same only upon at least thirty(30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms,conditions and
requirements of the permit;all rules,regulations and requirements pursuant to the permit and as
required by the City and all reasonable requirements of the City Engineer, or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims,or for which the City,the Council or any City officer may be made liable by reason of any
accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from May 1,2007 to July 31,2008.
Upon thirty(30) days notice to the permit holder and surety company,the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is
adequately protected.
N. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by
insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00)Dollars for injury or death of any one person in any one occurrence,bodily injury
liability in an amount of at least One Million and no/100 ($1,000,000.00)Dollars and property damage
liability in an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars arising
out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall
remain in effect from May 1,2007 to July 31,2008.
O. The storage of equipment(unrelated to the sand and gravel mining and processing),manure,construction
debris,or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris,manure,asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited.
P. The Property Owner shall hold the City harmless from all claims or causes of action that may result from
the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or
expenses,including but not limited to attorney's fees that the City may pay or incur in consequence of
such claims.
Q. The Property Owner shall comply with such other requirements of the City Council as it shall from time
to time deem proper and necessary for the protection of the citizens and general welfare of the
community.
R. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner
shall submit to the City semiannually a written report indicating the amount of material extracted from
the site for the prior six-month period.
S. The Property Owner shall incorporate best management practices for controlling erosion and storm
water runoff as specified by the Minnesota Pollution Control Agency and the United States
Environmental Protection Agency.
2
T. The Property Owner must have a copy of the Dakota County Soil and Water Conservation District
mining application completed and on file with the City of Rosemount Planning Department prior to the
approval of the Mineral Extraction Permit.
U. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area,reseeding
and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored
slopes may exceed a gradient of 25% or four to 1 (4:1).
V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the
City of all stockpiled materials.
W. All recycling must be completed with the completion of the current phase and materials removed from
the site. No recycling processes shall be allowed to continue into subsequent phases.
X. The Property Owner may not assign this permit without written approval of the City. The Property
Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty(60) days prior written notice to the
City of termination and surrenders the permit to the City. The Property Owner shall identify all
Operators prior to their commencement of mineral extraction-related activities in the pit area. The City
shall have the authority to cause all mineral extraction activities to cease at any time there is an apparent
breach of the terms of this Permit.
Y. The Property Owner shall install and maintain a"stock"gate (or equivalent) at the entrance to the
property where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time
the pit is not in use.
That Danner,Inc.,Property Owner,hereby consents and agrees to the foregoing conditions of said mining
permit.
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this day of
,2007.
DANNER, INC.
BY:
Its: Property Owner
STATE OF MINNESOTA )
COUNTY OF DAKOTA) )
The foregoing instrument was acknowledged before me this day of ,2007,by
, on behalf of Danner,Inc.,Property Owner.
Notary Public
3
Danner, Inc.
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FEB 2 ` 2007 'v
DANNER, INC.
843 Hardman Avenue South flyseuti -aai �I�li5o75
Phone: (651) 450-0830 • Fax: (651) 450-9076
February 23, 2007
PLANNING COMMISSION
CITY OF ROSEMOUNT
2875 145TH STREET WEST
ROSEMOUNT, MN 55068
RE: MINERAL EXTRACTION PERMIT
TO WHOM IT MAY CONCERN:
ENCLOSED PLEASE FIND THE ABOVE MENTIONED PERMIT. COULD YOU PLEASE LET ME
KNOW HOW MUCH THE PERMIT WILL BE THIS YEAR AND I WILL SEND YOU A CHECK
IMMEDIATELY. I HAVE ALREADY SUPPLIED THE CITY WITH THE BOND INCREASE.
OUR DUST CONTROL WILL BE WATERING WITH OUR WATER TRUCK EVERY DAY, AS MANY
TIMES AS NEEDED. ALSO WE WILL BE USING CALCIUM CHLORIDE TO CONTROL THE.
DUST.
IF YOU HAVE ANY QUESTIONS PLEASE CALL MEAT (651) 450-0830.
SINCERELY, _
DANNER INC.
MARLON DANNER
VICE PRESIDENT
MD/kjr
MATERIAL HANDLING SPECIALIST
An Equal Opportunity Employer
9 17 .
MAR 1 4 2007
DANNER, INC. y
843 Hardman Avenue South • South St. Paul, MN 55075
Phone: (651).450-0830.• Fax: (651) 450-9076
March 12, 2007
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Re: Mineral Extraction Permit
PID 34-02900-010-60
Dear Mr. Zweber:
Enclosed you will find a check for$1,070.00 for the fees and also the phase plan
for 2006.
In 2006 we extracted approximately 70,000 tons of Sand and Rock. In 2007 we
• will be extracting about the.same.
In 2006 we reclaimed sand and rock. We have no restored very much due to the
stockpiles of material.
If you have any questions regarding this information please call our office at
(651) 450-0830.
Sincerely,
Danner Inc.
Marlon Danner •
Vice President
MD/kjr . .._..
MATERIAL HANDLING SPECIALIST
• An Equal Opportunity Employer
F
RosEmouNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: May 1, 2007
AGENDA ITEM: Adopt City Council Goals 2007-2008 AGENDA SECTION:
New Business
PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. q.a.
ATTACHMENTS: None APPROVED BY:
//V.
RECOMMENDED ACTION: Motion to Adopt the City Council Goals for 2007-2008
ISSUE
The City Council held a goal setting session at the end of January 2007. The goals discussion of that date
was reviewed with the City Council at the April work session.
BACKGROUND
Since 2003 the City Council has annually met to discuss issues of significance to and vision for the
community, as well as strategies for addressing issues and setting a vision. This discussion results in the
adoption of stated goals that help guide the work of staff and Council in prioritizing work flow,budgeting
decisions and objectives. For 2007-2008, the City Council has maintained many of the same goals and key
objectives. Below are the strategic focal points for the City Council in the coming year:
1. Maintaining the levels and quality of City services
2. Implementing reasonable tax management strategies
3. Accomplishing downtown redevelopment
4. Achieving balanced growth
5. Pursuing amenities appropriate to Rosemount
6. Enhancing relationships with educational institutions in Rosemount
7. Enhancing communications initiatives through greater use of technology
Maintaining the levels and quality of City services
Action Steps:
• Continue to develop benchmarks for current services
• Continue to utilize benchmark reporting systems when evaluating budget needs
• Establish a system for evaluating relevance of services being delivered
• Establish a customer feedback system to monitor satisfaction levels for service delivery and quality
Implementing reasonable tax management strategies
Action Steps:
• Continue to monitor the City's tax rate management practice relative to surrounding communities
• Continue to assess revenue and funding options, as well as analyzing alternative revenue sources
• Continue to aggressively pursue commercial/industrial development to maintain tax base balance
and moderate the tax burden on residential property taxpayers
Council Goals
May 1,2007
Page 2 of 2
Accomplishing downtown redevelopment
Action Steps:
• Resolve Core Block East
• Develop RFQ/RFP and timelines for revitalization of other Downtown areas
• Periodically review the Downtown Framework to determine if the objectives continue to be viable
in the market place and appropriate for the community
Achieving balanced growth
Action Steps:
• Concentrate economic development marketing to emphasize retail development and attraction of
businesses supporting head-of-household jobs
• Continue to work with development community to provide a range of housing options appropriate
to the household income levels in Rosemount
• Develop recommendations to promote sustainable development initiatives
• Work with other cities in Dakota County to promote green initiatives and sustainable development
Pursuing amenities appropriate to Rosemount
Action Steps:
• Establish implementation plan for moving forward on the outdoor recreational complex
• Complete St.Joseph Task Force and develop implementation plan for future reuse options
• Monitor efforts in the community to privately construct a second sheet of ice
• Continue to evaluate short-term options for senior programming
Enhancing relationships with educational institutions in Rosemount
Action Steps:
• Establish regular meetings with ISD 196, ISD 917, Dakota County Technical College, St.Joseph
School, and First Baptist School to discuss issues and activities
• Identify possible areas of collaboration to partner on the educational and recreation needs of the
community
Enhancing communications initiatives through greater use of technology
Action Steps:
• Implement live video web-streaming of City Council meetings in conjunction with the Apple
Valley, Farmington,Rosemount Cable Commission
• Evaluate options for implementing a bulk e-mail system
• Evaluate options to expand the capacity and utility of the City's internet communications
• Analyzing technology needs in the community and strategies for working with the private sector to
develop greater access to communications technology
SUMMARY
The statement of goals will serve as a working document for staff and Council in the coming year. The
staff will work to provide a website-based update system of accomplishments and activities related to these
goals as a means of sharing progress with the community.
Staff recommends adoption of the goals as presented or modified through Council discussion.
2
ROSEtv1OUNT
EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session: May 1, 2007
AGENDA ITEM: 07-06-CON Rosewood Commons AGENDA SECTION:
Concept Planned Unit Development Work Session
(PUD) Progress Land Company
PREPARED BY: Kim Lindquist, Community Development AGENDA NO.
Director I�i•�
ATTACHMENTS: Concept Plan APPROVED BY:
RECOMMENDED ACTION: Provide Direction to Staff
DISCUSSION
In March the City Council granted concept PUD approval to the Rosewood Commons project. The
approval was by simple majority. Ultimately the rezoning and guide plan approval for the project will
require a 4/5ths vote of the Council. The two dissenting votes expressed concern about the overall
density on the site and requested a reduction in total units.
The property owner has revised a drawing which has the same number of units but has
"repackaged" them into four larger buildings instead of the initial six, 40-unit buildings. The owner
is requesting feedback from staff and the Council. Staff is requesting direction from the Council to
aid in providing further direction to the applicant through the remaining planning review process.
The question from staff is whether the issue is solely a density issue or whether it is somewhat a site
plan issue. In other words, could a site plan be found acceptable that serves 240 units if site
amenities, attractive architecture, and adequate open space and recreational active areas were
provided or is it immaterial whether there are four buildings or six;given the overall density is not
supported? The answer to this fundamental question would assist in future development of a plan
submittal by the applicant.
M
1
Progress
Land
Company 6001 Egan Drive
Suite 100
Savage,MN 55378
phone:952-226-3200
Rosewood Commons
Design 6
Unit Total
Room Square Unit Square
Dimension Footage Count Footage
Living Units
240
1 Bedroom 641 72 46,152
2 Bedroom 841 144 121,104
3 Bedroom 1,000 24 24,000
Total Units 240 191,256
units per building 60
circulation 15% 28,688
building storage 3"/ 5,738
total building size 225,682
building partking stories 1
building apartment stories 3
building footprint 75,227
building width 71
overall building length 1,060
number of buildings 4
building size 71 x 265
Commercial Space
Building 1 1 7,097
Total Amenities 7,097
Parking
Commercial Lot 1 26
Residential Lot 1 68
Residential Lot 2 10
Residential Lot 3 64
Residential Lot 4 41
Residential Lot 5 48
Residential Lot 6 9
Residential Underground 60 4 240
Total Parking 506
Building roof surface area 95,753
Impervious ground surface area 131,432
Total Impervious area 227,185
Total open space 354,355
Total land area 581,540
percentage of open space 60.93%
20609-, ks cricket lane Date 3/25/2007
b Il b lenexa, Revision 6
phone:913.422.5762 Prepared
fax:309.409.9258 by eb
architecture&interiors www.bnbdesion.com
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