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Minutes 06-08-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, June 8, 1993 -- 9:00 Q.M. Council Chambers ��� Third Floor City Hall and Court House • Saint Paul, Minnesota The meeting was called to order by President Wilson at 9:10 A.M. Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Thune, �Ison Absent - 1 - Councilmember Rettman (excused) Councilmember Maccabee requested that item #14 be removed from the Consent Agenda for discussion. Councilmember Maccabee inquired as to the reason that items #34 and #35 were being referred to Committee. After some discussion among Councilmembers it was agreed that these items should be referred to the Finance Committee. Councilmember Maccabee moved approval of the Consent Agenda as amended. ; Adopted Yeas - 6 Nays - 0 � CONSENT AGENDA FOR ACTION 1. Appeal to a Summary Abatement Order by Metalcote Grease & Oil Company for property at 506 Randolph Avenue. (City Clerk's Office recommends date of Public Hearing before the Neighborhood Services Committee for June 16th and before the City Council on June 24th) 2. Resolution - 93-744 - approving the appointment of Jan Cronquist and reappointments of Peg LaBore, Marci Mylan and Zora Radosevich to the City/County Health Services Advisory Committee. (To be laid over one week for adoption) Laid over until June 15th. 3. Resolution - 93-745 - approving the Memorandum of Agreement between the City and the United Association of Pipefitters Local Union # 455. (To be laid over one week for adoption) Laid over until June 15th. 4. Resolution - 93-746 - approving organizations for the 1993 10% Eligible Recipients Ust (Charitable Gambling) Adopted Yeas - 6 Nays - 0 312 June S, 1993 5. Resolution - 93-747 - approving an addendum to the City Travel Policy. Adopted Yeas - 6 Nays - 0 6. Resolution - 93-742 - approving appiications for renewai of Class III Gambling Premise permits by: Johnson Area Youth Hockey Association, Big Brothers/Big Sisters Greater St. Paul and Trade Lake Camp. (Laid over from June 1 st for adoption) Adopted Yeas - 6 Nays - 0 7. Resolution - 93-743 - approving applications for renewal of Class III Gambling Premise permits by: Anderson-Nelson VFW Post #1635 and the North End American Legion Post #474. (Laid over from June 1 st for adoption) Adopted Yeas - 6 Nays - 0 8. Resolution - 93-748 - approving applications for renewal of various On Sale Liquor & Supporting Ucenses by: Chatterbox Bar, The Lamplighter Lounge, The Stahl House, Louie's Bar, T. J. Bell's, the Payne Reliever, The Woodshed, P.K.'s Pub Inc, Brown Derby � Lounge, Joseph's, Forepaugh's, and the Saint Paul Civic Center. (To be laid over one week for adoption) Laid over until June 15th. 9. Resolution - 93-749 - approving applications for renewal of various On Sale Wine & Supporting Licenses by: Hearthside Restaurant, Sakura Restaurant & Fish Market and Lotus �ctoria Crossing. (To be laid over one week for adoption) » Laid over until June 15th. 10� Resolution - 93-750 - approving applications for renewal of Various Class III Licenses by: �_ M& H Gas Station, Trade Lake Camp/Coach's, Mickey's Nook, Phnom Penh Bangkok : Market, V& C Auto Clinic, Gregg's Auto Body, Northwestern Tire Company, Fred's Tire � Company, Crocus Hill Import Service, Doran-King Garage Inc., Union Gospel Mission, Rohl Transmission, Allied Parking Inc, Johnson Area Youth Hockey/Louie's, Superamerica #4413, Auto Max Inc., Ryder Student Transportation, Superamerica #4428, Superamerica #4420, Guzzo's L& R Service Inc., Johnson Area Hockey/Governor's, Wilbur's Auto Service, Sister Rosalind Gefre's Professional Massage Center, Auto Max Inc., YMCA of Greater St. Paul, Lancer Service, Big Brothers/Big Sisters of Greater St. Paul/Midway Pro Bowl, Clair's Mobil Service, Superamerica #4422, Ramada Hotel, Kellogg Square � ��:- Apartments, Healing Touch Christian Ministries, Inc., YMCA of Greater St. Paul, Superamerica #4419, Waldorf Corp., Superamerica #4414, YMCA of Greater St. Paul, � Superamerica #4421, Arcade Oriental Market Inc., Mallard Teal's Payne Avenue Auto Body, Speedy Food Stop, Daniel's Auto, Sister Rosalind Gefre's Professional Massage Center and Sinclair Retail #22053. (fo be laid over one week for adoption) .� Laid over until June 15th. � 313 June 8, 1993 11.- Resolution - 93-751 - approving ,an application for renewal of an Off Sale Uquor and Original �-�. Container License by Ramaley Liquor Inc. dba Ramaley Liquor at 666 Grand Avenue. (To s be laid over one week for adoption) Laid over until June 15th. 12. Resolution - 93-752 - approving applications for renewal of Various Class III Licenses by: Superamerica #4039, #4032, #4038 and #4040, Applebaum's, Four Seasons Automotive Service. Superamerica #4020 &#4023, Olson's Kwik Food Mart, Korner Store, St. Paul Campus Grocery, Selby Food & Gas, Feronia Dairy, R.C. Dick's Foods, Olsons Randolph Service Station, America & Asian Grocery, Economy Muffler, Midway Motel Inc., General � Tire & Rubber Co., Burr Street Grocery, Car-X Muffler Shop, Superamerica Group Inc. #4359, Anderson-Nelson VFW Post #1635, Phalen Park Auto Service, Speedy Market, Day By Day Cafe, Speedy Market #15, Rice & Larpenteur 66, Holiday's, Superamerica' #4151, Royal Guard Jr. Drum & Bugle Corps/Club Metro, Arcade 66 Service, Sister Rosalind's Professional Massage Center, Minni Market, A-1 Used Cycle Parts, Koutek Garage, Haas Collision Craft, East Side Service, Trans Auto & Cleveland Standard. (fo be laid over one week for adoption) Laid over until June 15th. 13. . Resolution - 93-753 - ordering the owner to remove or repair the property at 887 Randolph � Avenue within 15 days. (Public Hearing held May 27th} �.� Adopted Yeas - 6 Nays - 0 14. . (Discussed after Consent Agenda) 15. Preliminary Order - 93-755 - In the Matter of sidewalk reconstruction on both sides of �• Scheffer Avenue #rom� S. Milton to W. 7th and setting date of Public Hearing for June 29, 1993. Adopted Yeas - 6 Nays - 0 16. Preliminary Order - 93-756 - In the Matter of sidewalk reconstruction on both sides of Goodhue Street from S. Western to Richmond and the east side of Richmond Street from Goodhue to Superior and setting date of Public Hearing for June 29, 1993. Adopted Yeas - 6 Nays - 0 17.� Preliminary Order - 93-757 - In the Matter of sidewalk reconstruction with integral curb at 26, 27, 30, 34, 36, 38, 41, 42 and 44 Kenwood Parkway and setting date of Public Hearing for June 29, 1993. Adopted Yeas - 6 Nays - 0 18. Resolution Approving Assessment - 93-758 - In the Matter of operation and maintenance services for the skyway bridge and concourse associated with the Saint Paul Athletic Club Buildings at 340 Cedar Street from May 1, 1992 to July 31, 1993 and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 314 June 8, 1993 19.: Preliminary Order - 93-759 - In the Matter of operating and maintaining the City owned � "Town Square" Public Spaces located within the Cedar Street, Seventh Street, Minnesota Street and Sixth Street and setting date of Public Hearing for July 20, 1993. � Adopted Yeas - 6 Nays - 0 20. Preliminary Order - 93-760 - In the Matter of sidewalk reconstruction on the north side of Wynne Avenue from N. Pascal to N. Snelling Service Road and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 93-761 - In the Matter of sidewalk reconstruction on both sides of N. Albert Street from Wynne to Como and setting the date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 93-762 - In the Matter of sidewalk reconstruction on both sides of Arona Street from Midway Parkway to Frankson and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 93-763 - In the Matter of sidewalk reconstruction on both sides of Breda ` Avenue from N. Hamline to N. Snelling and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 93-764 - In the Matter of sidewalk reconstruction on the west side of N. � Hamline Avenue from Wynne to Como and setting date of Pubfic Hearing for July 13, 1993. � Adopted Yeas - 6 Nays - 0 �� 25. Preliminary Order - 93-765 - In the Matter of sidewalk reconstruction on both sides of N. Pascal Street from Summit to Portland and the south side of Portland Avenue from N. Pascal to approximately 273 feet west of N. Pascal and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 93-766 - In the Matter of sidewalk reconstruction on both sides of N. Pascal Street from Wynne to Como and setting date of Public Hearing for July 13, 1993. : Adopted Yeas - 6 Nays - 0 27, Preliminary Order - 93-767 - In the Matter of sidewalk reconstruction on both sides of � Princeton Avenue from S. Prior to Kenneth and setting date of Public Hearing for July 13, ' ��- 1993. � Adopted Yeas - 6 Nays - 0 ::� 315 June 8, 1993 28, Preliminary Order - 93-768 - in the Matter of sidewalk reconstruction on both sides of ;�: Sheldon Street from Frankson to W. Ariington and setting date of Public Hearing for July . ;.. 13, 1993. .: Adopted Yeas - 6 Nays - 0 29. Preliminary Order - 93-769 - In the Matter of sidewalk reconstruction on both sides of Shields Avenue from N. Roy to Fry and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 30. Preliminary Order - 93-770 - In the Matter of sidewalk reconstruction on the north side of Wynne Avenue from N. Hamline to N. Albert and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 31. Preliminary Order - 93-771 - In the Matter of sidewalk reconstruction on both sides of Canfield Avenue from Aron to N. Snelling and the south side of Midway Parkway from - Arona to N. Snelling and setting date of Public Hearing for July 13, 1993. _ Adopted Yeas - 6 Nays - 0 32..; Preliminary Order - 93-772 - In the Matter of sidewalk reconstruction on both sides of Tilsen ; Avenue from Nokomis to N. McKnight Road and the west side of N. McKnight Road from Nokomis to Tilsen and setting date of Public Hearing for July 13, 1993. : Adopted Yeas - 6 Nays - 0 33. Preliminary Order - 93-773 - In the Matter of sidewalk reconstruction on both sides of York Avenue from Edgerton to Payne and setting date of Public Hearing for July 13, 1993. Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRAL: 34. Resolution - 93-774 - amending the 1993 Budget by transferring $1,000 to the Financing & Spending plans of the Office of Human Resources/Special Projects. (Finance) Referred to the Finance Committee. 35: � Resolution - 93-775 - authorizing the Fire Department to accept a contribution of $5,000 from the Saint Paul Companies to be used for the Junior Fire Marshal Program. (Finance) Referred to the Finance Committee. 36. Resolution - 93-776 - authorizing the Police Department to enter into a proposed agreement with the Ramsey County Sheriff's Department. (Intergovernmental Relations/Public Safety) , Referred to the Intergovernmental Relations Committee. ************************************************************************************ 316 June 8, 1993 14. Resolution - 93-754 - approving speciai legislation for the City of Saint Paul and declaring - an intent to enact the 1/2 cent sales tax. Council President Wilson summarized the effeci of the resolution and recommended a lay . over to allow for public testimony. � Councilmember Long reviewed the difference between the resolution which gives the City the authority to enact the tax and the other resolution on todays agenda which enacts the tax. Jerry Isaacs spoke in favor of having a referendum on the ballot this fall so that citizen's of Saint Paul would have an opportunity to vote on this matter. Mr. Isaacs said this resolution �- is written so that this cannot happen. Council President Wilson sand there was a process for having a referendum and that he had asked the City Attorney's Office to research this issue and report back to the Council. Councilmember Long moved approval of a substitute resolution. Adopted Yeas - 6 Nays - 0 After further discussion among Councilmembers, it was agreed to lay over the item for a Public Hearing on June 15th. Roll Call Yeas - 6 Nays - 0 Amended and laid over until June 15th. ORDINANCES: 37. First Reading - 93-777 - An ordinance amending Chapter 62 of the Legislative Code pertaining to the zoning code regarding alley access from Off-Street parking facilities. ` �, (Housing & Economic Development) Referred to the Housing & Economic Development Committee. � 48� Third Reading - 93-380 - An ordinance creating a new chapter of the Administrative Code � by establishing a Police Internal Affairs Commission. (Intergovernmental Relations and ° Public Safety Committee recommend approval of substitute resolution which was adopted by Council on June 1 st) Dan Vanelli, President of the Police Federation said they are willing to remove their objection to creating a Police Internal Affairs Commission if the sunset clause is provided. Council President Wilson reviewed the proposed sunset clause and the addition of "Civilian" to the title. Councilmember Thune asked for several amendments to clarify the frequency of ineetings, the process for reviewing members, the delegation of subpoena power and the training process for members. Councilmembers agreed to these changes �; Councilmember Maccabee requested wording be added to clarify the discrimination � d�scription. �� Darryl Olson, a member of the Saint Paul Police Federation Executive Board spoke in favor :� of language to require appropriate training for civilians on the Board. ,�; (Discussion continued on following page) ' Councilmember Guerin left the meeting and returned during discussion of the item. 317 June 8, 1993 �, . (Discussion continued from previous page) -, Police Chief Finney thanked the Police Federation for their strong leadership and their willingness to work with the new Commission. Councilmembers thanked the Federation for their work on this issue. Councilmember Guerin said he is opposed to the Commission as members are usually political appointees and not qualified applicants. After further discussion, Councilmember Thune moved to close the Public Hearing. _ Roll Call Yeas - 6 Nays - 0 Mary Jane Rachner, 1917 Pinehurst Avenue said she supported establishing the Commission and offered her services to Police Chief Finney. Laid over until June 15th for Final Adoption. COMMITTEE REPORTS: 38. Resolution - 93-553 - accepting a grant for $7,6� from the State of Minnesota for tree planting at Dunning Field. (Finance Committee recommends approval) �� Councilmember Maccabee asked if the raises were included in the budget for the Civic � Center and Councilmember Grimm answered in the a�rmative. -: Councilmember Maccabee questioned if this upgrade would affect other, similar positions. � 'This item was continued until later in the meeting. ,. < Councilmember Long left the meeting at this point and did not return. 40. Resolution - 93-555 - amending the 1993 Budget of the Police Department by transferring the Financing & Spending plans for police officers to be present in the senior and junior , high schools of the City. (Finance Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 41. Resolution - 93-556 - amending the 1993 Budget of the Division of Libraries by transferring the Financing & Spending plans for library automation. (Finance Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 42. Resolution - 93-584 - amending the 1993 Budget of Public Works by adding $33,600 to the Financing & Spending plans for the University Avenue Signal Revisions. (Finance Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 , 318 June 8, 1993 43.:, Resolution - 93-585 - amending the 1993 Capital Improvement Budget by transferring Spending & Financing pians from the Combined Sewer Separation Paving Program, 1993 '" Major Sewer Repairs and 1993 Municipal State Aid Contingency Projects to the Combined Sewer Separation Program. (Finance Committee recommends approval) -� Councilmember Thune moved approval. - Adopted Yeas - 5 Nays - 0 f 44. Resolution - 93-586 - amending the 1993 Capitai improvement Program by transferring the Spending & Financing from the Combined Sewer Separation Paving Program, 1993 Major Sewer Repairs and Marshall Reconstruction proje�ts to the Combined Sewer Separation Program. (Finance Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 45. Resolution - 93-587 - amending the 1993 Capital Improvement Program by transferring the Spending & Financing from the Combined Sewer Separation Paving Program and the 1993 Major Sewer Repairs projects to the Combined Sewer Separation Program and adding financing from Water Utility and Minnesota Department of Transportation agreements. (Finance Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 46. Resolution - 93-588 - amending the 1993 Capital Improvement Program by transferring the �� Spending & Financing from the Combined Sewer Separation Paving Program and the 1993 � Major Sewer repairs projects to the Combined Sewer Separation Program. (Finance � �-Committee recommends approval) � Councilmember Thune moved approval. �; Adopted Yeas - 5 Nays - 0 47. Resolution - 93-589 - amending the 1993 Capital Improvement Program by transferring Spending & Financing from the Combined Sewer Separation Paving Program, Nokomis/Case Paving Project and the 1993 Major Sewer Repair Projects to the Combined Sewer Separation Program and adding financing from Water Utility. (Fnance Committee recommends approval) Councilmembers Grimm and Guerin moved approval. Adopted Yeas - 5 Nays - 0 PI�BLIC HEARINGS: 48.� (Discussed earlier in the meeting) 319 June 8, 1993 49�.-�Third Reading - 93-70a - An ordinance amending Appendix C, Section 5 of the Legislative ' �: Code relating to franchise fees so that franchise fees will not increase in such a way as to :;;. penalize a customer for significantly expanding their business. (Substitute adopted June 1 st) ' David Abrams, Chief of Staff to Mayor Scheibel, said the administration was in support of this item and offered evidence into the record. Mr. Abrams reviewed the ordinance and the accompanying resolution (Item #58). Councilmember Maccabee said there has been a long series of negotiations and reviewed the concessions that the City is offering to North Star Steel Company so that they can expand their business and still keep operating in the City. Councilmember Guerin said he is in favor of the ordinance and thanked everyone who has helped this come about. Richard Gehrman, Finance Director answered questions of Councilmembers. Jim Schult, a representative of North Star Steel reviewed the process for deciding to stay in Saint Paul and explained the expansion was necessary to keep the company competitive. Kent Larson, General Manager for Customer Service of the local North Star Steel Plant spoke in favor of the ordinance and thanked the City for it's support of the business. After further discussion, Councilmember Maccabee moved to close the Public Hearing. Roll Call Yeas - 5 Nays - 0 ' Councilmember Maccabee moved an amendment to correct a typographical error. ° Roll Call Yeas - 5 Nays - 0 Laid over until June 15th for Final Adoption. 58. Resolution - 93-730 - expressing the desire that future City Councils retain the modification placing a$620,000 cap on large commercial and industrial customers of NSP made to the fee structure through the ten year franchise which is anticipated will be adopted in March, 1996. (laid over from May 27th) (See discussion with item #49) Laid over until June 15th. 39. Council President Wilson said representatives of the Personnel Office were not available to answer questions. Councilmember Thune suggested the resolution be adopted today and reconsidered if Councilmember Maccabee's concerns have not been addressed. Councilmember Thune moved approval. � Adopted Yeas - 5 Nays - 0 50. Resolution Ratifying & Confirming Condemnation - 93-778 - In the Matter of acquisition of a permanent easement to open, widen and extend Grace Street and Western Avenue. � No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 320 June 8, 1993 51. Resolution Ratifying & Confirming Condemnation - 93-779 - In the Matter of condemning and taking a permanent easement necessary to widen Palace Avenue at Coiborne Street. ��� No one appeared in opposition. � Janet Janacek, owner of the property said she would like to have a letter from the Zoning Division to clarify the impact of this change on the future use of the property. � 3 Counciimember Thune said it would be provided. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 52. Resolution Ratifying Assessment - 93-780 - In the Matter of construction of a storm sewer service connection to the Soo Une property located at the intersection of Prior Avenue and Return Court in conjunction with the Cieveland/Magoffin Area Sewer Separation Project. No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 53. Resolution Ratifying Assessment - 93-781 - In the Matter of Summary Abatements (property ciean up, snow removal and/or sanding waiks) for 2185 Ford Parkway, 1664 N. Lexington Parkway, and 1770 W. University Avenue. No one appeared in opposition. Councilmember Guerin said the Neighborhood Senrices Committee recommended that 2185 Ford Parkway be deleted from the resolution and moved approval as amended. Adopted Yeas - 5 Nays - 0 54. Resolution - 93-782 - approving an application for an Auto Body Repair Garage License by � Heu Vang dba Heu Vang Auto Body Repair at 933 Atlantic Street. .: No one appeared in opposition. � Councilmember Grimm moved approvaL Adopted Yeas - 5 Nays - 0 55. Public Hearing to consider an application for the transfer of an Off Sale Liquor License to The Galles Corp. dba Galles Liquor at 1325 Randolph Avenue. No one appeared in opposition. Councilmember Thune moved approval of Motion of Intent. Adopted Yeas - 5 Nays - 0 56. Resolution • 93-704 - approving the vacation of York Avenue from Agate Street to a point approximately 165' east and also a 16' easement along the east side of Block 4, Ed Rices .: 3rd Addition, bounded by Agate, Sims, Cayuga and the Soo Line Railroad. (Public Hearing �; continued from May 25th) .: No one appeared in opposition. �� Councilmember Thune moved to lay over the item until June 22nd. Roll Call Yeas - 5 Nays - 0 . Laid over until June 22nd. 321 June 8, 1993 MlSCELLANEOUS: . 57 � Resolution - 93-595 - approving a one year contract with Cable Access Saint Paul. (Public Works Committee submits to Council without recommendation - amended and laid over from June 1 st) Councilmember Maccabee questioned language on Page 7 and questions were answered by Janet Wigfield of Cablevision. After minor changes in the contract language, Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 59. Resolution - 93-783 - approving the enactment of the one-half cent sales tax. Councilmember Thune moved to lay over the item until June 15th. Roll Call Yeas - 5 Nays - 0 (See discussion with item # 14) Laid over until June 15th. ADDITIONAL ITEM: 1. Resolution - 93-784 - providing additional information and alternatives on acquisition and :�; utilization of the property at 622 Aurora Avenue. (laid over from June 3rd) Sherry Pemberton, Planning & Economic Development reviewed the staff report and : answered questions of Councilmembers. After a brief discussion, Councilmember Thune moved approvaL Adopted Yeas - 5 Nays - 0 Councilmember Thune moved to suspend the rules to introduce the three following resolutions. Adopted Yeas - 5 Nays - 0 Resolution - 93-798 - approving the use by International Graffiti Inc. to use the Division of Parks & Recreation Licenses to sell 3.2 beer and/or wine at the Lallapalooza Festival with terms and conditions as outlines in resolution. Councilmembers asked what procedures were going to be used for selling beer and wine _ this year and Councilmember Thune explained that the wrist bands and procedures set in -r� place last year will be followed this year. ��� Councilmember Thune moved approvaL Adopted Yeas - 5 Nays - 0 Resolution - 93 -799 - approving an application for extension of liquor service area to a 638 square foot patio applied for by Krislyn Inc. dba Awada's at 199 E. Plato Blvd. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 322 June 8, 1993 Resolution - 93-800 - approving an application for a modification of parking requirements for Awada's at 199 E. Plato Bivd from 121 to 99 parking spaces. : Councilmember Thune moved approvaL Adopted Yeas - 5 Nays - 0 Councilmember Thune moved to adjourn the meeting. Adopted Yeas - 5 Nays - 0 ADJOURNED AT 9:55 A.M. � � ATTEST: � �� '� Counci esident, William Wilson ,,;� % �� /�`� , i _'� �—'� ��-,�— Minutes approved by Council City Clerk, �.,M+oily O'Rourke � MC�:dmb — ,� � �: -: � . �. � � 323