1991-07-23125
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July 23, 1991
MINUTES - MOUND CITY COUNCIL - JULY 23, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 23, 1991, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, Building Official Jon Sutherland, Park
Director Jim Fackler, and the following interested citizens:
Larry & Kathy Meyer, Ned & Karen Podany, Donald Bjorn, Jeff
Jesberg, Dick Carlson, Chris Kulenkamp, Joseph & Pauline
Jezierski, Missy Ryan, Paul Glynn, Bart Winkler and Ernie Strong,
Howard Hagedorn, Mark Hanus, and Casey Adams.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jessen, seconded by Jensen to approve the
minutes of the July 9, 1991, Regular Meeting and the
Committee of the Whole minutes of July 16, 1991, as
presented. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS
.City Manager Ed Shukle explained that the revised amount was
$4,323.12. Mayor Johnson opened the Public Hearing regarding
delinquent utility bills. There was no one present in the
audience who wished to speak on this issue. The Mayor closed the
Public Hearing and turned the item back to the Council.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION 91-97
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $4,312.12
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
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July 23, 1991
1.2 CASE ~91-023:
DONALD BJORNt 5531 BARTLETT BLVD. t LOT 11 & W
1/2 OF 12, BARTLETT PLACE, PID ~24-117-24 23
0016, VARIANCE - EXISTING NONCONFORMING
ACCESSORY STRUCTURE
The Building Official explained the request.
Commission recommended approval.
The Planning
Ahrens moved and Smith seconded the following:
RESOLUTION %91-98
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE AN EXISTING
NONCONFORMING ACCESSORY STRUCTURE TO
ALLOW CONSTRUCTION OF A CONFORMING
ADDITION FOR LOT 11 & W 1/2 OF 12,
BARTLETT PLACE, PID %24-117-24 23 0016,
5531 BARTLETT BLVD., P & Z CASE %91-023
The vote was unanimously in favor. Motion carried.
1.3 CASE ~91-025:
CHRIS KULENKAMP, 4531 DORCHESTER ROAD, LOT 2,
BLOCK 13, AVALON, PID #19-117-23 31 0135,
VARIANCE - FRONT YARD SETBACK & EXISTING
NONCONFORMING REAR YARD SETBACK
The Building Official explained the request.
Commission recommended approval.
The Planning
Jessen moved and Jensen seconded the following resolution:
RESOLUTION %91-99
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO THE PROPOSED
DETACHED ACCESSORY STRUCTURE AND
RECOGNIZE AN EXISTING NONCONFORMING REAR
YARD SETBACK TO THE PRINCIPAL STRUCTURE
FOR LOTS 2~ 3 & 4, BLOCK 12, AVALON~ PID
%19-117-23 31 00135~ 4531 DORCHESTER
ROAD, P & Z CASE %91-025
The vote was unanimously in favor. Motion carried.
1.4 CASE #91-026: JOE JEZIERSKI, 4431 LAMBERTON ROAD, LOTS I &
2, BLOCK 3, PEMBROKE, PID ~19-117-23 34 0045,
VARIANCE - EXISTING FRONT YARD AND SIDE YARD
SETBACKS
The Building Official explained the request.
Commission recommended approval.
The Planning
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July 23, 1991
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %91-100
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE EXISTING
NONCONFORMING FRONT YARD AND SIDE YARD
SETBACKS TO ALLOW REPAIRS TO THE
FOUNDATION FOR LOTS i & 2, BLOCK 3,
PEMBROKEv PID %19-117-23 34 0045, 4431
LAMBERTON ROAD, P & Z CASE %91-026
The vote was unanimously in favor. Motion carried.
The Council asked that the applicant come in to get the confusing
address problem rectified. One house on the block has an address
that is out of order with the rest of the block.
1.5
CASE #91-027:
JEFF JESBERG, 1728 FINCH LANE, LOT 12, BLOCK
14t DREAMWOODt PID #13-117-24 13 0018t
VARIANCE - RECOGNIZE EXISTING NONCONFORMING
PRINCIPAL DWELLING
The Building Official explained the request. The Planning
Commission recommended denial because they felt this was not the
minimum variance and they believed there could be better
placement for the garage. The Council reviewed the last variance
resolution that was granted in 1984 which stated in part, "..that
there be no additional square footage added to this structure."
The Council asked that the applicant come up with another plan to
reduce the variance request, i.e. cut down size of garage.
MOTION made by Jensen, seconded by Smith to table this item
asking the applicant to reduce the variance request and
bring it back to the Planning Commission for review. The
vote was unanimously in favor. Motion carried.
1.6
CASE #91-028:
WAYNE ERICKSON, DUNDEE & ALEXANDER, LOTS 6t
7, 8 & 9, BLOCK 9t ARDENt PID #24-117-24 44
0229t MINOR SUBDIVISION
The Building Official explained the request.
Commission recommended approval.
The Planning
Ahrens moved and Smith seconded the following resolution:
RESOLUTION %91-101
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR LOTS 6, 7, 8 & 9, BLOCK
9, ARDEN, PID 924-117-24 44 0229, P & Z
CASE %91-028
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July 23, 1991
The vote was unanimously in favor. Motion carried.
1.7
CASE #91-029:
LARRY MEYER, 4709 BEACHSIDE ROAD, LOT i &
PART OF 2, BLOCK S, SHADYWOOD POINT, PID ~18-
117-23 23 0045, VARIANCE - RECOGNIZE EXISTING
NONCONFORMING PRINCIPAL STRUCTURE
The Building official explained the request.
Commission recommended approval.
The Planning
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %91-102
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE AN EXISTING
NONCONFORMING PRINCIPAL STRUCTURE TO
ALLOW CONSTRUCTION OF A CONFORMING
DETACHED ACCESSORY STRUCTURE FOR LOTS 1
AND PART OF 2, BLOCK 8, SHADYWOOD POINT,
PID %18-117-23 23 0045, 4709 BEACHSIDE
ROAD, P & Z CASE %91-029
The vote was unanimously in favor. Motion carried.
1.8 CASE #91-031: ALLEENE BUTTERFIELD, 4862 LESLIE ROAD, LOT 14
& PART OF 15, BLOCK 21, WYCHWOOD, PID ~24-
117-24 41 0025, VARIANCE - RECOGNIZE EXISTING
NONCONFORMING FRONT YARD SETBACK
The Building Official explained the request.
Commission recommended approval.
The Planning
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %91-103 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE AN EXISTING
NONCONFORMING FRONT YARD SETBACK TO
ALLOW CONSTRUCTION OF A CONFORMING DECK
FOR LOT 4 AND PART OF LOT 15, BLOCK 21,
WYCHWOOD, PID %24-117-24 41 0025, 4862
LESLIE ROAD, P & Z CASE %91-031
The vote was unanimously in favor. Motion carried.
1.9
CASE #91-033:
PAUL GLYNN, 4600 CUMBERLAND ROAD, LOTS 1, 2,
28, 29 & 30, BLOCK 8, WYCHWOOD, PID #19-117-
23 32 0184, VARIANCE - RECOGNIZE EXISTING
NONCONFORMING FRONT YARD SETBACK
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July 23, 1991
The Building official explained the request.
commission recommended approval.
The Planning
Johnson moved and Smith seconded the following resolution:
RESOLUTION %91-104
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE AN EXISTING
NONCONFORMING FRONT YARD SETBACK TO
ALLOW STRUCTURAL ROOF REPAIRS FOR LOTS
1, 2, 28, 29 & 30, BLOCK 8, WYCHWOOD,
PID %19-117-23 32 0184, 4600 CUMBERLAND
ROAD, P & Z CASE %91-033
The vote was unanimously in favor. Motion carried.
ADD-ON ITEM:
1.10 CASE ~91-034: BART WINKLER, 5001 WILSHIRE BLVD., ALL THAT
PART OF BLOCK 40, WYCHWOOD, PID #24-117-24 13
0034, VARIANCE TO RECOGNIZE AN EXISTING
NONCONFORMING DWELLING
The Building Official explained the request. The Planning
Commission recommended approval.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION %91-105 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE AN EXISTING
NONCONFORMING DWELLING TO RECONSTRUCT A
DECK ON PART OF BLOCK 40, WYCHWOOD, PID
%24-117-24 13 0034, 5001 WILSHIRE BLVD.,
P & Z CASE %91-034
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.11 APPROVAL OF LATE APPLICATIONS FOR ABUTTING DOCK SITE HOLDER
- DICK CARLSON, 4832 LONGFORD ROAD, DOCK SITE ~30450
The Park Director explained that Mr. Carlson has paid for his
dock site for two of the last three years and was unable to get
his boat off the lift because there was not enough water. This
year with the lake coming up he is presently using the space and
has not paid the fee or the $60.00 late fee. The Park Commission
reviewed this and found that Mr. Carlson was never on the
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July 23, 1991
"unusable" list and that he could have extended his dock to a
usable depth the past three years. Mr. Carlson's site is not
accessible to the public. The commission also compared his dock
site with non-abutting sites and commented that if this site were
non-abutting and he did not pay the fee, there is a chance the
site could have been assigned to someone else. The Park
Commission voted unanimously to recommend that Mr. Carlson be
charged the $60.00 late fee in addition to the regular dock fees
dues.
Mayor Johnson suggested splitting the penalty and making it
$30.oo.
MOTION Made by Smith, seconded by Jessen to reinstate Mr.
Carlson to Dock Site %030450 when he has paid the
recommended $60.00 penalty and the regular dock fees that
are due. The vote was three in favor with &hrens and
Johnson voting nay. Motion carried.
The Council asked that the Park & Open Space Commission look into
the penalties that are assessed to abutting dockholders for late
applications and discuss notification to people abutting who
cannot use their dock space because of low water.
1.12 REQUEST FOR SWIMMING RAFT TO BE MOORED AT DOCK SITE 02780
FROM ERNIE STRONG
The Park Director stated that swimming rafts have never been
specifically addressed in the ordinance. The applicant is
proposing to moor the raft in front of privately owned shoreline,
with the permission of the property owner. He would then store
the 8' x 10' raft at his commons dock when it is not in use. He
has received approval from the Hennepin County Water Patrol and
the LMCD has no regulations for rafts since they are not
licensed. The Park & Open Space Commission recommended approval
with conditions.
MOTION made by Smith and seconded by Jensen to concur with
the Park & Open Space Commission allowing the 8, x 10, raft
to be stored temporarily for the year 1991 only, at Dock
Site %02780. This to be reviewed annually. Raft to be
anchored (moored) in front of private shoreline (4940 Glen
Elyn Road) when in use. The vote was unanimously in favor.
Motion carried.
1.13 RECOMMENDATIONS FOR 6 TAX FORFEIT PARCELS
The City Clerk explained that these parcels have all been
reviewed by the Planning Commission and the Park & Open Space
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July 23, 1991
Commission. The Planning Commission recommended approval as
requested, unanimously. The Park & Open Space Commission
recommended approval with one nay vote.
The recommendations are as follows:
Release for public auction: 1. PID #23-117-24 42 0082
2. PID #24-117-24 44 0074
3. PID #30-117-23 22 0026
4. PID #30-117-23 22-0027
Retain for wetlands conservation:
1. PID #24-117-24 11 0020
Retain for conservation:
1. PID #23-117-24 34 0087
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #91-106
RESOLUTION TO RELEASE CERTAIN TAX
FORFEIT LANDS TO HENNEPIN COUNTY FOR
PUBLIC AUCTION AND CERTIFYING SPECIAL
ASSESSMENTS
The vote was unanimously in favor. Motion carried.
1.14 Johnson moved and Jensen seconded the following resolution:
RESOLUTION #91-107
RESOLUTION AUTHORIZING APPLICATION FOR
CONVEYANCE FROM THE STATE OF CERTAIN TAX
FORFEIT PARCELS
The voted was unanimously in favor. Motion carried.
1.15 RECOMMENDATION FROM PARK & OPEN SPACE COMMISSION FOR CITY
DOCK LOCATION FOR THREE ABUTTING PROPERTIES ON DENBIGH ROAD
The Park Director explained that the City owns property between
three parcels on Denbigh Road and the shoreline. The parcel is
PID #19-117-23 24 0047, and was noted on the Mound Dock Location
Map at its origination in 1974. It is unclear why the three
abutting properties were not brought into compliance. The Park
Commission recommended that these three sites be added to the
LMCD list for 1992 with fees to be collected for the dock sites
beginning in 1992 if it is determined that the City has title to
this property known as Lot 29.
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July 23, 1991
Mark Hanus, 4446 Denbigh Road, owner of Lot 1, was present and
objected to these sites being added to the Commons Program. He
stated the land that did belong to the City has eroded away over
the years.
Casey Adams, attorney for Jack Cook (owner of Lot 2), was present
and stated that Cook has filled in space between the lake and his
property and created the land that the dock abuts. He urged the
Council to delay action on this item until his client has time to
have the city's parcel (Lot 29) surveyed to determined how much
land is there between the vacated Stratford Lane and the lake.
The Council discussed this and decided a decision does not need
to be made tonight.
MOTION made by Johnson, seconded by Jensen to table this
item until a future time when Cook's survey is available and
the City Attorney has had time to check the status of the
City,s parcel (Lot 29). The vote was unanimously in favor.
Motion carried.
1.16 RECOMMENDATION FROM PARK & OPEN SPACE COMMISSION ON AN
ENCROACHMENT ONTO LAGOON PARK BY NED PODANY, 6165 SINCLAIR
ROAD
The Park Director reviewed the history of this issue,
specifically:
The Podanys submitted an application to alter public
lands, after they had the asphalt driveway installed on
park property.
The Podanys were granted a 2 foot sideyard variance
which would have allowed turn around access into their
garages upon certain conditions, one being: "The
driveway area be confined to Mr. Podany's property and
& he not use the park property as part of his driveway
and the gravel on the park property be removed."
Mr. Podany applied for a portion of the park to be
vacated in 1983 and in January 1984, it was denied by
the city Council because, "...the park is a public
trust and it is not in the public interest to vacate.
Also it would set a precedence if the park were
vacated."
The Park & Open Space Commission's recommendation is to require
that the encroachment be removed within 10 days of City Council
approval and that a timber wall be installed to redefine property
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July 23, 1991
boundaries.
Mr. & Mrs. Podany were present and objected to the Park
Commission's recommendation.
MOTION made by Johnson, seconded by Jensen to refer this
matter to the City Attorney to prepare a resolution of
denial to alter public property by Mr. & Mrs. Ned Podany,
6165 Sinclair Road, encroachment onto Lagoon Park. The vote
was four in favor with Ahrens voting nay. Motion carried.
1.17 REQUEST FROM HOWARD HAGEDORN, 1748 AVOCET LANE, TO TRIM
FOLIAGE ON COMMONS PROPERTY
The Park Director stated that that Mr. Hagedorn is requesting
permission to trim the foliage along the shoreline of Wiota
Commons to improve his view of the lake. He then reminded the
Council of a motion that was made in 1988, as follows: "...To
discontinue all trimming along the 1400 feet of shoreline in the
Wiota Commons in order to preserve as a nature area." That
motion was passed to curb flagrant trimming that was done then.
The Park Commission reviewed this request on July 11, 1991, and
the motion that failed on a 3-3 vote was to recommend that a
reputable and licensed tree service trim the subject trees and
bushes under the direction of the Park Director.
Mr. Hagedorn was present and has obtained 1 plan from Otten Bros.
He stated he would obtain several more quotes and plans for
trimming the area.
Chair of the Park Commission, Brian Asleson, was present and
stated he would like the Park Commission to see the plans Mr.
Hagedorn obtains before this item is dealt with at the City
Council level.
MOTION made by Johnson, seconded by Smith to table this item
until the Park & Open Space Commission has a chance to
review the Otten Bros. recommendation and any other plans
Mr. Hagedorn submits at its July ZSth Meeting. The vote was
unanimously in favor. Motion carried.
1.18 APPROVAL OF PAYMENT REQUEST #2, G.M.H. ASPHALT - TUXEDO
BLVD. RECONSTRUCTION - $39,223.60
The City Engineer has recommended approval of this payment
request.
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July 23, 1991
MOTION made by Ahrens, seconded by Smith to approve Payment
Request %2, from G.M.H. Asphalt, in the amount of $39,223.60
for the Tuxedo Blvd. Reconstruction Project (MSAP 145-101-
07). The vote was unanimously in favor. Motion carried.
1.19 APPROVAL OF CHANGE ORDER #Z, TUXEDO BLVD. RECONSTRUCTION -
ADD $5,001.50
The City Engineer's letter explained that this Change Order #2 is
necessary for additional work on the project, i.e. bituminous
removal was greater than anticipated because existing bituminous
pavement was thicker and extended behind the bituminous curb much
further than was visible or the original plans indicated; and a
concrete apron and some concrete sidewalk that was in very poor
condition needed to be removed.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION %91-108
RESOLUTION TO APPROVE CHANGE ORDER #2
FOR THE TUXEDO BLVD. RECONSTRUCTION
PROJECT (MSAP 145-101-07), IN THE AMOUNT
OF $5,001.50 - G.M.H. ASPHALT
The vote was unanimously in favor. Motion carried.
1.20 RESOLUTION APPROVING RECOMMENDATION FROM ECONOMIC
DEVELOPMENT COMMISSION FOR DOWNTOWN MOUND
The City Manager explained that the EDC has recommended a market
position for downtown Mound. The Council, Planning Commission,
Park & Open Space Commission and the EDC has a joint meeting on
July 16, 1991 and agreed on the recommendation.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #91-109
RESOLUTION TO APPROVE THE MARKET
POSITION FOR DOWNTOWN MOUND AS
RECOMMENDED BY THE ECONOMIC DEVELOPMENT
COMMISSION
Mayor Johnson stated he could not support this recommended
resolution without some reference to recognizing the
industrial base we have and support for keeping that base.
The motion and second were withdrawn.
MOTION made by Jessen, seconded by Johnson to have the EDC
review their recommendation and add the reference to
recognizing the industrial base we have and their support
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July 23, 1991
for keeping that base in tact.
favor. Motion carried.
The vote was unanlmously in
The City Manager stated he will bring this us at the next EDC
Meeting.
1.21 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount
of $147,915.69, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
ADD-ON ITEM
1.22 CASE ~91-035:
MATTHEW PHILLIPPIt 4519 MANCHESTER ROADt LOT
22, BLOCK 14, AVALON, PID #19-117-23 31 0059,
VARIANCE
The Building Official explained that there is a variance request
that will be coming to the City Council to allow repairs to an
existing nonconforming residential structure that he has recently
condemned due to poor structural condition. The following
variances would require recognition:
Two principal structures on one parcel.
A 29 foot variance from the 30 foot required front yard
setback for the subject structure. ( It is
approximately.
The nonconforming use provisions of the Zoning Code allow
improvement of a structure providing that required improvements
do not exceed 50% of the fair market value. The applicant had
the subject structure appraised on May 30, 1991, by John W. White
and he determined that the value was $31,500. The Assessor from
Hennepin County values the subject structure at $10,000. Based
on the list of repairs, the applicant has submitted bids which
total $7,860.76. The Planning Commission questioned whether the
appraisal of $31,500 included the 2nd structure on the property.
The Planning Commission recommendation was to table the variance
request pending: 1) the City of Mound pay for the cost of a new
appraisal obtained from an independent appraiser, and 2) new
estimates from an independent contractor on the repairs required
by the Building Official. The new appraisal to reflect the value
of the structure only in an "as is" condition.
The Council discussed the Planning Commission's recommendation.
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July 23, 1991
MOTION made by Johnson, seconded by Jensen to authorize the
City to pay for an independent appraisal of the subject
building to determine the true value of the condemned
building. &1so have the Building Official analyze the costs
that have been submitted by the applicant for the repairs to
the building. The vote was unanimously in favor. Motion
carried.
INFORMATION/MISCELLANEOUS
ao
Financial Report for June 1991, as prepared by John Norman,
Finance Director,
B. Planning Commission Minutes of July 8, 1991.
C. Park & Open Space Commission Minutes of July 11, 1991.
D. L.M.C.D. Representative's Monthly Report for June 1991.
Information from the League of Minnesota Cities regarding
suggestions on Federal Policy Development.
Fe
Letter from Metropolitan Transit Commission (MTC) regarding
a public hearing on proposed improvements and changes to MTC
Routes 17, 67 & 75. Public hearing is scheduled for
Tuesday, July 30, 1991, 7:30 P.M. at the Ridgedale Center
Community Room.
Ge
REMINDER: First Annual City of Mound Softball Game/Party
will be held Saturday, July 20, 1991, Philbrook Park (Clover
Circle) at 1:30 P.M.
REMINDER: 1991 NLC Congress of Cities, December 14-16, Las
Vegas, Nevada. Talk to Fran if you are interested in
attending.
REMINDER: Torch for the International Special Olympic Games
will be carried through Mound on Saturday, July 20, 1991,
8:00 A.M., Hardee's. Please stop by if you can.
REMINDER: Annual Park Tour, Thursday, August 8, 1991, at
Mound Bay Park, time to be determined on July 25, 1991.
REMINDER: LMCD Public Officials Lake Tour and Luncheon on
Lake Minnetonka - 11:30 A.M. to 2:30 P.M., Lafayette Club
Dock, Saturday, August 3, 1991. Please let Fran know by
July 25, 1991, if you wish to attend.
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July 23, 1991
UPDATES
The City Manager reported that he has talked to the Vandersteegs
and given them until August 13, 1991, to give the city an answer
as whether they wish to sell their property.
The City Attorney reported that the Judge denied Dakota Rail's
motion for a summary judgment. The Judge also denied the City's
request to amend to add a claim for punitive damages.
Mayor Johnson stated he attended the first meeting with the 11
other cities on the Shoreland Management Ordinance. He stated
the City should start working on this as soon as possible.
The City Manager stated that he and Joyce Nelson have met with
Knutson (our recycling hauler) about adding catalogs, advertising
mail and magazines to the pick-up. They will continue to work on
this. He also stated there will be a tour scheduled for the MERF
plant.
MOTION made by Jensen, seconded by Jessen to adjourn at
11:15 P.M. The vote was unanimously in favor. Motion
carried.
E~w~d J. Sh~le,-Jr., City Manager
Fran Clark, CMC, 'City Clerk
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