1982-09-07183
September 7, 1982
REGULAR MEETING
OF THE
CITY COUNCIL
Pursuant to due call .and notice thereof, a regular meeting of the City Council
of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road
in said City on September 7, 1982, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Poiston, Gordon Swenson and Donald Ulrick. Also present were: City Manager
Jon Elam, City Attorney Curt Pearson, Building Inspector Jan Bertrand,
City Clerk Fran Clark; and the following interested persons: Mr. & Mrs.
Ronald Pelarski, Richard- Larson representing the Pelarski's, Mr. s Mrs.
Richard Bialon, Mrs. Kevin Hetchler, Matthew Phillippi, Gary Paulson and
Ron Gehring.
The Mayor opened the meeting and welcomed the people attending.
MINUTES
The Minute of the August 24, 1982, Regular Meeting were presented for consideration.
Swenson moved and Charon seconded. a motion to approve the Minutes of the
August 24, 198.2, Regular Meeting as presented. The vote was unanimously in
favor. Motion carried.
The City Attorney suggested that the Council amend page 175 of the August
24, 1982, Minutes, Resolution #82-228 to read as follows:
RESOLUTION AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO
BEGIN TO NEGOTIATE THE SALE OF BONDS FOR THE COUNTY ROAD 110 STREET
IMPROVEMENT NOT TO EXCEED $300,000.00
The amount was changed from $299,999.99 to .$300,000.00.
Ulrick moved and Charon seconded a motion to amend the August 24, 1982,
Minutes as suggested by the City Attorney (above). The vote was unanimously
in favor. Motion carried.
PLANNINr, COMMISSION ITEMS
A. LAKESHORE SETBACK AND PRELIMINARY SUBDIVISION - RONALD PELARSKI -
1 09 BLUEBIRD LANE - LOTS 2,3, ,21,22 & 23, BLOCK 7, WOODLAND POINT
The City Manager explained that the applicant wants to build a home
on Lots 4 and 21, plus the divided 10 feet from Lots 3 and 22. He
is also requesting permission to place the structure 30 feet from
the designated mean high water level of 929..4 (sea level) instead
of the required 50 foot setback. The setback should not be a
problem because the lots face Wawonassa Commons which is approximately
l00 feet deep in front of the lots in question. Mr. Gordon Swenson
owns Lots 3,2,22, and 23, Block 7, Woodland Point and is requesting
to divide off 10 feet of Lots 3 and 22 to Mr. Pelarski.
The request has been approved by the Planning Commission and the
Minnehaha Watershed District. The Watershed District has suggested
that a drainage easement be given to the City. The Planning Commission
put the following stipulations on their approval:
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September 7, 1982
1. New surveys be submitted .with the elevations shown as required
by our City Engineer, including proposed utility connections
and the monuments to be reset.
2. Floodproofing is to be accomplished as per code for the utility
connections.
3. Our City Attorney to review the descriptions of the drainage
easement shown on the survey.
4. The new building site pay or be assessed the street unit charge
($1,170.90) plus the front footage of $7.g5 + .08 a square foot
from the 1978 street assessment.
5. The plans need to indicate how the street extension will be
handled and the proposed elevations of same.
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #8?.-234 RESOLUTION APPROVING THE 30 FOOT LAKEFRONT`SETBACK
VARIANCE REQUIRING A DRAINAGE EASEMENT TO THE CITY
OF MOUND OF THE EAST 40 FEET OF LOT 4 AND THE SOUTH
EAST l.0 FEET OF THE EAST 40 FEET OF LOT 3, BLOCK 7,
WOODLAND POINT
The vote was unanimously in favor. Motion carried.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-235 RESOLUTION FOR .APPROVAL OF A PRELIMINARY,SUBDIVISION
OF THE .SOUTHERLY 10 FFET OF LOTS 3 & 22, BLOCK 7,
WOODLAND POINT WITH STIPULATIONS
The vote was unanimously in favor. Motion carried.
B. SET DATE FOR PUBLIC HEARING FOR STREET VACATION - RICHARD BIALON -
3 95 EAST SHORE DRIVE - SULGROUE ROAD EAST OF TUXEDO BLUD. - 30 FOOT
RIGHT-OF-WAY
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-23.6 RESOLUTION TO SET DATE FOR PUBLIC HEARING ON
STREET UACATION OF 30 FEET OF RIGHT-OF-WAY OF
SULGROVE ROAD EAST OF TUXEDO BLVD. FOR OCTOBER
5, 1882, at 730 P.M.
During discussion on this matter the City Attorney suggested
that a public hearing is a bit premature because the City
needs more information on this vacation. To vacate this
portion of Sulgrove Road would cut off access to several pro-
perties in Mound, He suggested tabling this item until later
in the meeting so that he, Jan Bertrand and the Bialons could
confer on this matter,
Councilmember Swenson withdrew his second and Councilmember Charon
withdrew her motion.
Ulrick moved and Swenson seconded a motion to table this item until
later in the meeting. The vote was unanimously-in favor. Motion
carried.
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September 7, 1982
C. VARIANCES. TO PLACE AN ATTACHED GARAGE 18 FEET TO 20.3 FEET FROM
ISLAND VIEW DRIVE - KEVIN JAMES HETCHLER - 4913 ISLAND VIEW DRIVE -
LOT 1 BLOCK 1 DEVON
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-236 RESOLUTION TO CONCUR W(TH THE PLANNING COMMISSION
RECOMMENDATION AND APPROVE THE 2 FOOT STREET
VARIANCE
Discussion followed.. Counci:lmember Charon expressed concern about
safety because of the hill and the danger for the neighbor in backing
out. of their driveway. She felt the Hetchlers should meet the 20 foot
setback and take 2 feet off the proposed garage.
The City Manager reported that the. neighbor has called and is concerned
about the safety aspect of .not requiring the 20 foot setback.
Councilmember Ulrick stated. that he felt this is not a hardship case
and should. not be allowed..
The Mayor stated that he felt maybe the .surveyor made a mistake in
the width of Island View Drive and therefore the survey may not be
correct.
Councilmember Polston stated that the Planning Commission has many
time in the past approved variances because of topography and he
feels this is a hardship case because of the topography.
The vote on the. resolution was two in favor-with Charon, Ulrick and
Lindlan voting nay. Motion denied.
D. NONCONFORMING USE AND STRUCTURE VARIANCES - MATTHEW PHILLJPPI -
521. MANCHESTER:ROAD.- LOTS 22 & PART OF 1,2,3, AND 5, BLOCK 1 ,
AVALON
The City Manager explained that this applicant started remodeling
without a permit, it is rental property, the Building Inspector
would like the property brought up to :C ode before a variance is
granted because the building is in hazardous condition and is
nonconforming. The owner has been uncooperative and the Planning
Commission tabled any action on this item. -The City Attorney
has been consulted in the matter and has prepared a resolution
for the Council. The Building Inspector has-also prepared a
list of repairs that should be done.
Charon moved and Ulrick seconded the fallowing resolution.
RESOLUTION #82-236 RESOLUTION RELATING TO CERTAIN HAZARDOUS PROPERTY
WITHIN THE CITY LOCATED AT 4521 MANCHESTER ROAD
ALSO INCLUDING THE RECOMMENDED LIST OF REPAIRS
SUGGESTED BY THE BUILDING INSPECTOR
The vote was unanimously in favor. Motion carried.
The Council took a beack at this point.
1.86
September 7, 1982
Upon returning from the break, Matthew Phillippi stated that he
could not afford,. at this time, to have separate water and sewer
connections installed to the two buildings on the property and
asked for a specific time limit to have this done. The Council
advised Mr. Phillippi to sit down with the Building Inspector
and discuss his plan then submit a written request and plan to
the Council on when he could have this done. The Council could
then act on .his .written plan.
COMMENTS & SUGGESTIONS FROM. CITIZENS PRESENT
There .were no comments. or suggestions from citizens present.
REPORT FROM THE BUILDING INSPECTOR ON WORK IN THE CITY
The Building Inspector submitted a report to the Council asking for feedback
from them on policies of the Inspection Department.
Councilmember Swenson asked about the double fee policy. The Building
Inspector stated that she tries to assure equal treatment to .everyone and
has charged some persons a double fee if it seems to be a blatant defiance
of the City Codes.
The Building Inspector and the Council discussed the possibilty of including
a Certificate of -0ccupancy fnr one and two family dwellings in the City Code
and also a minimum housing code standard for existing. dwellings. The City
Manager suggested having the Building Inspector. draw up some perimeters on
the Certificate of Occupancy and a minimum housing code that would allow
grandfathering in existing homes unless there is a major problem.
No action was taken on this item.
CITY HALL ROOF SITUATION WITH RECOMMENDATIONS
The Building Inspector presented a report of her research into the leaky
City Hall roof and some poss-ible solutions. She has met with the
architect, Jim O'Brien of lJilliams/O'Brien Associates and he has agreed.
to write up a specification sheet for contractors to bid from and will
charge us only for any structural calculations necessary to complete the
building alterations. Sander and Company (foam roof system) has agreed
to downy recovery of the roof, at no cost, when the skylights are altered
at the .lower level. The upper roof, we would be charged for blending in
the foam system with the skylights, but our warranty would continue in
force until expired by our original agreement of July, 1980. She wants
Sander and Company to replace all of the lower roof at no charge. The
upper roof has only sustained storm damage to be repaired by the City.
The three alternates of skylight design, in order of preference are:
1. Remove the skylights and install new domed-thermo-commercially made
skylight units. The size would be reduced to approximately 4 feet
by 4 feet, two in each of the five present openings. (10 domes)
2. Same as above, except two of the five openings be removed. Two domes
in three openings over the planter area. (6 domes): Attached is a
4' x 4' Wasco dome, approximately $450 each, not installed. The curb
height is 9 inches.
187
September 7, 1982
3. Raise the existing skylights off of the roof deck no less than 8 inches
and install new flashing. The joint seals between units should be
examined well at the time of alteration-to assure that they remain
tight.
The Council decided that they do .not want anything to do with Williams/
O'Brien Associates (the original architects) because they have lost all
confidence in the firm for not being able to correct the problem after all
these years.
Ulrick moved and Swenson seconded a motion to hire an independent architect/
structural engineer to give the City advice on resolving the problem with the
roof system. The vote was unaninimously_in favor. Motion carried.
The Building Inspector. was instructed to obtain all architectural information,
drawings, etc. from Williams/0'Brien Associates..
Planning Commission Item B, Richard Bialon, that was tabled earlier was now
brought to the floor.
The City Attorney reported that in_the meeting with the Building Inspector
and the Bialons it was decided that the Council should defer any action on
this street vacation request until the Bialons speak with their neighbors
and lay out a plan working .out a way so the Mound residents affected would
have access to their property..
SETTING DATES FOR SPECIAL ASSESSMENT HEARINGS
A. COUNTY RDAD 110 IMPROVEMENT PROJECT AND
B. 19 1 COUNTY ROAD 110 STREET LIGHT PROJECT
The City Manager reported that these two hearing have been set previously for
September 21, 1982.
C. CBD PARKING MAINTENANCE -.suggested date September 28, 1982
Charon moved and Polston seconded the. following resolution.
RESOLUTION #82-237 RESOLUTION SETTING SEPTEMBER 28, 1982, FOR
THE CBD PARKING MAINTENANCE SPECIAL ASSESSMENT
HEARING
The vote was unanimously in favor. Motion carried.
D. DELINQUENT WATER & SEWER BILLS - suggested date September 28, 1982
Polston moved Charon seconded the following resolution.
RESOLUTION #82-23$ RESOLUTION SETTING SEPTEMBER 28, 1982, FOR THE
DELINQUENT WATER & SEWER BILLS SPECIAL ASSESSMENT
HEARING
E. UNPAID TREE REMOVAL CHARGES - suggested date September 28, 1982
Ulrick moved and Swenson seconded the following resolution.
188
September 7, 1982
RESOLUTION #82-239 .RESOLUTION SETTING SEPTEMBER 28, 1982, FOR
THE UNPAID TREE REMOVAL-SPECIAL ASSESSMENT
HEARING
The vote was unanimously in favor. Motion carried.
F. UNPAID WEEDCUTTING CHARGES - suggested date September 28, 1982
Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-240 RESOLUTION SETTING SEPTEMBER 28, 1982, FOR
THE UNPAID WEEDCUTTING CHARGES SPECIAL ASSESSMENT
HEARING
The vote was unanimously in favor, Motion carried.
PARTIAL PAYMENT - AERO ASPHALT - 1982 STREET OVERLAY PROJECT
The City Manager reported that Aero has done an excellent job on this
project and is now requesting partial payment.
Ulrck moved and Polston seconded a motion. to approve the partial payment
to Aero Asphalt for the 1982 Street Overlay Project in the amount of
$29,554.52• The vote was unanimously in favor. Motion carried.
M.S.A. FUNDS FOR COUNTY ROAD 110 PROJECT
The City Manager reported that there is a possibility that the City of Mound
could. appropriate a portion of its M.S.A, Construction. Fund for the work on
County Road 11.0.. The City has, at this time, a balance. of $92,654.77 in their
M,S.A. Construction Fund, The Council can decide if they want to draw this
money out for the County Road 11.0 Projec t or leave it there for future use.
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-2.41. RESOLUTION FOR APPROPRIATION OF MUNICIPAL STATE-
AID FUNDS TO C.S.A.H. OR T.H. PROJECT
The vote was unanimously in favor, Motion carried,
REPORT FROM-THE CI:TY.ATTORNEY-SALE-OF- BONDS TO COVER THE COST OF THE
COUNTY ROAD 110 IMPROVEMENT PROJECT
The City Attorney reported that he has made inquiries .into the sale of
$300,000 worth of bonds for the County Road 110 Improvement Project and
he is recommending the bid of Dain Bosworth, Inc.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-24~ RESOLUTION AWARDING THE SALE OF $300,000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1982: FIXING
THE FORM AND SPECIFICATIONS THEREOF; AND PROVIDING
FOR THELR PAYMENT
The vote was unanimously in favor. Motion carried.
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September 7, 1982
AMENDMENT TO CHAPTER 37 OF THE CITY CODE
The Police Chief requested that .there. be an amendment to Chapter 37, D of
the City Code to specifically. exempt community based non-profit organizations
from the need to pay fora hawkers, peddlers or solicitors license.
Charon moved and Swenson seconded a motion directing the City Attorney
to draw up an amendment to Chapter 37, D, to grant exemption from licensing
hawkers, peddlers or solicitors if they are a community non-profit organization,
The City Attorney pointed out that Section 37.31 deals with this .problem
in a broad. sense. so th-ere is no need to-amend the ordinance. Swenson withdrew
his second and Charon withdrew her motion...
MOUND BAY PARK SPECIFICATIONS & ADVERTISEMENT FOR BIDS
The City Manager reported that the Mound Bay Park specifications are now
ready and the City can advertise for bids.
Polston-moved and Charon seconded the following resolution.
RESOLUTION #82-24 RESOLUTION TO APPROVE THE MOUND BAY PARK SPECIFICATIONS
AND AUTHORIZE THE ADVERTISEMENT FOR BIDS TO BE
OPENED SEPTEMBER 2J, 1982, AT 2:00 P.M.
A roll call vote was 4 in favor with Mayor Lindlan voting nay. Motion carried.
TRANSFERS FOR 1882 FIRE SERVICE ~ CAPITAL OUTLAY
The Finance Director has. asked for two resolutions. One satisfied the
Fire Capital Outlay Fund deficit at January 1, 1882. The second is to
satisfy Mound's portion of the 1882 cost of the contract with surrounding
communities.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-24~ RESOLUTION TRANSFERRING. $9,097.67 FROM THE
GENERAL FUND TO THE FIRE CAPITAL OUTLAY FUND
The vote was unanimously in favor. Motion carried.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-245 RESOLUTION TRANSFERRING MOUND'S 1882 FIRE COSTS
PER CONTRACT
The vote was unanimously in favor. Motion carried.
ADDING SECTION 55.38A TO THE CITY CODE RELATING TO TEMPORARY SIGNS
The City Attorney has prepared, at the Council's request, a section to
add to the City Code relating to temporary signs.
Charon moved and Swenson seconded the following:
ORDINANCE #440 AN ORDINANCE ADDING SECTION 55.38A TO THE
CITY CODE RELATING TO TEMPORARY SIGNS
190
September 7, 1982.
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to approve the payment of bills
as presented on the pre-list in the amount of $134,076.08, when funds
are available. Roll call vote was unanimously in favor. Motion carried.
LOT 1, BLOCK 38, WYCHWOOD - PID #24-.117-24 41 0148
The City Manager explained that this property was sold to the adjacent
property owner. It was a tax forfiet property and before the County
will allow the owner to combine this piece with his and have it put
in his name the City must reconvey the land back to the State. This
is because the County claims the City .cannot sell this piECe of property.
Charon moved .Swenson seconded the following resolution.
RESOLUTION #82-24~ RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER
TO SIGN A RECONUEYANCE OF FORFEITED LANDS TO STATE
OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS AND
REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS.
ON THE SALE OF SAID TAX FORFIET LANDS AND TO RESTRICT
THE SALE TO OWNERS OF ADJOINING LANDS
The vote was unanimously in favor. Motion carried.
ADDING. SECTION 27.10 TO THE CITY CODE
The City Manager reported that a tree has fallen across the Lost Lake Channel
from the John lJagman property.- Ne has notified Mr. Wagman, by letter, that
the tree across the channel is the same as a tree across a public roadway
and that if he does not remove it the City will come in and remove it and
assess the costs back to him.
The City Attorney read the Minnesota Statute #428.101 that can be adopted
by the City Council as an ordinance to cover specially assessing the costs
back to the property owner.
Ulrick moved and Swenson seconded the following:
ORDINANCE #441 AN ORDINANCE ADDING SECTION 27.10 TO THE CITY CODE
AUTHORIZING SERVICE CHARGES AND SPECIAL ASSESSMENTS
AGAINST BENEFITED PROPERTIES FOR CERTAIN CITY SERVICES
The vote was unanimously in favor. Motion carried.
CHANGE IN F1EETING DATES
Since the next regular meeting falls on September 14th and that is the
day of the Primary Election, the City Planager suggested holding that meeting
on the 16th. The Council fe It that along with the public hearings on the
21st, they could cover any items that may come up in a short meeting after
the hearings.
lgl
September 7, 1982
Ulrick moved and Polston seconded a motion to have the remaining two
Council meetings this month on September 21st and September 28th.
The .vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. NOTICE FROM THE CITY ATTORNEY - Name change in firm to Wurst,
Pearson, Hamilton, Larson s Underwood; new phone number is 338-4200.
B. NEWSCLIPPING ON TONKA TOYS (from the 8-22-82 Mpls. Tribune)- regarding
Tonka's problem competing with video games.
C. L.M.C.D, AGENDA & MINUTES - Agenda from August 25, 1982 and Minutes
from June 23, 19 2.
D. LETTER ON TUXEDO BLUD. & THREE POINTS BLVD. TREE REPLACEMENT -
The trees that have died along these two roads that were put in on
1981 .Street Project will be replaced between October 5 and 20, 1982.
E. NOTICE OF TAX FORFEITED LAND-SALE - September 10, tg82, at 9:00 A.M.
F. LETTER FROM CITY OF TONKA BAY ATTORNEY - regarding the L.M.C.D.
attorneys' prosecuteng misdemeanors in Tonka Bay.
G. LETTER REGARDING PLACEMENT OF NEWSSTAND BY BUS DEPOT - U.S.A. Today,
a new daily newspaper, will have a newstand by the bus depot.
H. NOTICE OF LAKE MINNETONKA TASK-FORCE MEETING - September 14 at 7:00 P.M.
at the Sheriff's lJater Patrol Headquarters in Spring Park. City Manager
to notify them that 9-14-82 is Primary Election Day and a public meeting
cannot be .held until after the polls close at 8:00 P.M.
I. HENNEPIN COUNTY'S LATEST PLANS FOR COUNTY ROAD 110 - Hennepin County has
notified the Police Dept. that they are considering raising the speed
limit from 30 to 35 M.P.H. The stretch of County Road 110 which is
250 feet north of Balsam Road north to the city limit would be affected.
J. AMERICAN LEGION POST #398 GAMBLING REPORT - August 31, 1982, Report
Swenson moved and Charon seconded a motion to adjourn at 11:00 P.M. The vote
was unanimously in favor. Motion carried.
n Elam, City Manager
Fran Clark, City Clerk
BILLS----SEPTEMBER 7, 1982
Aero Asphalt 29,554.52 Jerry Longpre 17.10
Air Comm 90.00 Peat Marwick Mitchell 464.00
All Star Electric 1,480.05 Pitney Bowes Credit 26.00
Astleford Equip 16.10 Don Rother 25.30
Applebaums 34.24 Bob Ryan Ford 24.96
A A Battery Co. 149.94 Wm Stewart 75.00
Acro Minnesota 140.60 State Bank Mound(Bond Pymt) 18,331.90
Auto Con Industries 108.60 " " " 18,950.00
Bradley Exterminating 55.00 State Bank Mound 17.10
Chris Bollis 178.20 Swedlund Sewer ~ Wtr 300.00
Bowman Barnes 114.16 Water Products 179.83
Burlington Northern RR 533.33 Xerox Corp 191.00
Baldwin Supply 53.19 R.L. Youngdahl 5,538.00
Janet Bertrand 44.10 Ziegler, Inc. 41.25
Brock White Co. 6.70 Marina Auto Supply 356.01
Sy Cooper 315.91
Commissioner of Revenue 1,408.20 TOTAL BILLS 96,803.93
" " 4,853.36
Concord Travel 101.00 LIQUOR BILLS
Commiss. of Employer Relatn 25.93 Bradley Exterminating 19.00
Cy s Mens Wear 574.43 Butch's Bar Supply 243.75
Cheyenne Copy Center 22.00 City Club Distrib. 392.10
3
Fran Clark 9.46 Coca Cola Bottling ,
285.20
Dependable Services 33.00 Diversified Representtve 83.72
ELMarketing 6,275.00 Day Distrib 282.64
5
Jon Elam 28.24 East Side Beverage ,
4,371.06
Judy Fisher 15.75 Gold Medal Beverage 221.09
Greyhound Travel 179.00 Home Juice 29.04
Henn Co. Sheriffs Dept 274.54 Johnson Paper 279.55
Henn Co. Treas 1,567.50 Kool Kube Ice 555.60
Robert E. Johnson 23.32 The Liquor House 1
177.23
J ~ R Refrigeration 900.98 City of Mound ,
26.40
Ken ~ Norm s Cabinets 15.00 Midwest Wine 712.56
Kelley ~ Kelley 38.00 A.J. Ogle 831.84
2
Sharon Legg 23.88 Pepsi Cola/7 Up ,
337.00
Glen Litfin Transfer 225.00 Pogreba Distrib 237.80
4
Minnegasco 19.61 Real One Acquisition ,
675.00
City of Minnetrista 420.00 Thorpe Distrib 080.90
6
Mid Central Fire 59.85 ,
Mound Super Valu 76.47 Griggs, Cooper 2,897.03
Metro Fone 11.80 Johnson Bros. Liquor 1,804.32
Mound Explorers 56.00 Old Peoria 168.86
N.S.P. 355.43 Ed Phillips ~ Sons 1,560.46
M.F.O.A. 12.00
City of Mound 77.73 Total Liquor Bills 37,272.15
Metro Waste Control 1,262.25
Mound Postmaster 101.04
MWCC Conference 60.00 GRAND TOTAL--ALL BILLS 134,076.08
Nat'l League of Cities 235.00
Lynn Nichols 51.07
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