ACTIONS
DULUTH CITY COUNCIL MEETING
August 13, 2001

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED

01-0516R - RESOLUTION CONFIRMING APPOINTMENT OF THOMAS WHEELER TO DULUTH ECONOMIC DEVELOPMENT AUTHORITY REPLACING ROBERT BROOKS. (TABLED 7/9) -- REMAINED ON TABLE

01-0515R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO MINNESOTA POWER TO UPGRADE AND RELOCATE A PORTION OF AN EXISTING POWER TRANSMISSION LINE LOCATED ALONG THE NORTH AND EAST SIDES OF THE GARY-NEW DULUTH NEIGHBORHOOD. (TABLED 7/23) -- REMAINED ON TABLE

01-0461R - RESOLUTION VACATING A PORTION OF 38TH AVENUE EAST AT EAST THIRD STREET (BACKSTROM). (RETABLED 7/9) -- REMAINED ON TABLE

01-0439R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO A REVISED LEASE AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF ADMINISTRATION, REAL ESTATE MANAGEMENT DIVISION FOR 1,872 USABLE SQUARE FEET OF OFFICE SPACE AT THE MINNESOTA WORKFORCE CENTER - DULUTH FOR THE PERIOD JULY 1, 1999, THROUGH JUNE 30, 2003. (TABLED 6/25) (REPLACEMENT) -- PASSED UNANIMOUSLY

01-0533R - RESOLUTION AMENDING RESOLUTION 01-0219 TO INCLUDE SIXTH STREET BETWEEN 24TH AVENUE EAST AND WALLACE AVENUE AND IRVING PLACE INTO THE YEAR 2002 STREET IMPROVEMENT PROGRAM. (TABLED 7/23) -- REMAINED ON TABLE

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MOTIONS AND RESOLUTIONS

CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA WERE ENACTED BY ONE UNANIMOUS MOTION.

01-0557R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $4,800,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 2001D, AND $615,000 GENERAL OBLIGATION TRANSIT BONDS, SERIES 2001E. -- PASSED

01-0580R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR ARROWHEAD MANUFACTURERS AND FABRICATORS ASSOCIATION EDUCATION TRUST. -- PASSED

01-0581R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO HILLSIDE BUSINESS ASSOCIATION. -- PASSED

01-0582R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 11, 2001, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2001, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. -- PASSED

01-0583R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 11, 2001, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2001, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. -- PASSED

01-0586R - RESOLUTION AWARDING CONTRACT TO FLANAGAN SALES, INC., FOR PLAYGROUND EQUIPMENT, IN THE AMOUNT OF $51,282.25. -- PASSED

01-0589R - RESOLUTION AWARDING CONTRACT TO SOFTWARE HOUSE INTERNATIONAL FOR COMPUTER SOFTWARE MAINTENANCE, IN THE AMOUNT OF $26,027.92. -- PASSED

01-0539R - RESOLUTION AMENDING AGREEMENT NO. 16157 WITH DULUTH LIGHTHOUSE FOR THE BLIND. -- PASSED

01-0553R - RESOLUTION AUTHORIZING A NEIGHBORHOOD MATCHING GRANTS FUND AGREEMENT WITH THE DULUTH SPIRIT VALLEY LIONS CLUB IN AN AMOUNT NOT TO EXCEED $8,000. -- PASSED

01-0563R - RESOLUTION AUTHORIZING A NEIGHBORHOOD MATCHING GRANTS FUND AGREEMENT WITH THE MERRITT YOUTH HOCKEY ASSOCIATION IN AN AMOUNT NOT TO EXCEED $8,056. -- PASSED

01-0551R - RESOLUTION APPROVING DEDA AGREEMENT WITH NORTHERN COMMUNITIES LAND TRUST PURSUANT TO DEDA RESOLUTION 01D-38. -- PASSED

01-0559R - RESOLUTION AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MINNESOTA SEA GRANT EXTENSION PROGRAM RELATING TO A PUBLIC PERCEPTIONS AND VALUES SURVEY ABOUT THE CHARACTERISTICS AND LOCATIONS OF PUBLIC OPEN SPACES. -- PASSED

01-0562R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT GRANT OF $150,000 FROM THE BENEFICIARY GROUP FOR ENVIRONMENTAL IMPROVEMENTS FOR THE GRASSY POINT TRAIL PROJECT. -- PASSED

01-0578R - RESOLUTION SUPPORTING APPLICATION OF APPRISE TECHNOLOGIES, INC. FOR A STATE CHALLENGE GRANT. -- PASSED

01-0421R - RESOLUTION FOR APPROVING AMENDMENT TO BYLAWS OF MILLER-DWAN MEDICAL CENTER, INC. -- PASSED

01-0482R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF HERMANTOWN FOR THE JOINT IMPLEMENTATION OF PHASE ONE OF THE BIKEWAYS PLAN AT AN ESTIMATED COST TO THE CITY OF $44,000. -- PASSED

01-0548R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $57,143 IN WORKFORCE INVESTMENT ACT (W.I.A.) ADULT FUNDS FROM THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY IN ACCORDANCE WITH CITY CONTRACT NO. 18880. -- PASSED

01-0549R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $153,011 IN MINNESOTA YOUTH PROGRAM FUNDING AND $2,000 IN STATE FUNDING FROM THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY IN ACCORDANCE WITH CITY CONTRACT NO. 18880. -- PASSED

01-0550R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $104,509 IN TITLE V OLDER AMERICAN'S ACT FUNDS FROM THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY IN ACCORDANCE WITH CITY CONTRACT NO. 18880. -- PASSED

01-0558R - RESOLUTION ENTERING AN AGREEMENT AND ACCEPTING $213,955 FROM THE NATIONAL SENIOR CITIZENS EDUCATION AND RESEARCH CENTER, INC., TO OPERATE THE SENIOR AIDE PROGRAM FROM JULY 1, 2001, THROUGH JUNE 30, 2002. -- PASSED

01-0564R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $151,534 IN WORKFORCE INVESTMENT ACT (W.I.A.) DISLOCATED WORKER FUNDS FROM THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT IN ACCORDANCE WITH CONTRACT NO. 18947. -- PASSED

01-0597R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $215,265 IN STATE DISLOCATED WORKER FUNDS FROM THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT. -- PASSED

01-0555R - RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY EASEMENT FROM THE LAKE SUPERIOR & MISSISSIPPI RAILROAD FOR A CONSIDERATION OF $10. -- PASSED

01-0584R - RESOLUTION AWARDING CONTRACT TO DULUTH-SUPERIOR ERECTION, INC,. FOR REPLACEMENT OF A STEAM VAULT ROOF AT FOURTH AVENUE WEST AND SUPERIOR STREET, IN THE AMOUNT OF $52,300. -- PASSED

01-0585R - RESOLUTION AWARDING CONTRACT TO BILLMAN CONSTRUCTION, INC., FOR YEAR 2001 STREET IMPROVEMENT PROJECT AT CENTRAL HILLSIDE-13TH STREET, IN THE AMOUNT OF $216,979.25. -- PASSED

01-0587R - RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY EASEMENT FROM UNITED STATES STEEL LLC FOR A CONSIDERATION OF $5,000. -- PASSED

01-0588R - RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY EASEMENT FROM WILLARD M. MUNGER, JR., AND SALLY L. MUNGER FOR A CONSIDERATION OF $7,000. -- PASSED

01-0590R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF STREET IMPROVEMENT OF HARDING AVENUE, IN THE AMOUNT OF $48,732.25. -- PASSED

01-0591R - RESOLUTION AWARDING CONTRACT TO AMENDOLA CONSTRUCTION COMPANY, INC., FOR REHABILITATION OF BRIDGE NUMBER L8505 ON SEVEN BRIDGES ROAD, IN THE AMOUNT OF $246,712.75. (REPLACEMENT) -- PASSED

01-0592R - RESOLUTION AUTHORIZING THE PURCHASE OF A PARCEL OF TAX FORFEIT LAND FROM THE ST. LOUIS COUNTY BOARD OF COMMISSIONERS FOR A CONSIDERATION OF $11,701.35. -- PASSED

01-0594R - RESOLUTION AWARDING CONTRACT TO PROSOURCE TECHNOLOGIES, INC., FOR PROFESSIONAL RIGHT-OF-WAY AND EASEMENT ACQUISITION SERVICES, IN THE AMOUNT OF $198,469. -- PASSED

01-0595R - RESOLUTION AMENDING A CONTRACT WITH ENVIRONMENTAL TROUBLESHOOTERS, FILED AS PUBLIC DOCUMENT NO. 00-0124-17, RELATING TO ENVIRONMENTAL REMEDIATION AT THE PIONEER BAR BUILDING SITE, TO INCREASE THE COMPENSATION BY $6,500. -- PASSED

01-0521R - RESOLUTION AUTHORIZING AN AGREEMENT WITH DULUTH POLICE OFFICER MARCIA BECKER REGARDING OWNERSHIP, CARE AND MAINTENANCE OF A POLICE DOG. -- PASSED

01-0577R - RESOLUTION AUTHORIZING THE CITY TO ACT AS FISCAL AGENT FOR A $1,000 GRANT FROM THE NORTHLAND FOUNDATION TO THE ST. LOUIS COUNTY HEALTH DEPARTMENT RELATING TO THE BOOK TIME WITH YOUR BABY PROGRAM OFFERED THROUGH THE NURSE-FAMILY PARTNERSHIP PROJECT. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considerated:

01-0552R - RESOLUTION APPROPRIATING TOURISM TAX FUND BALANCE. -- TABLED

01-0556R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED TO DEFRAY IN FULL THE EXPENSE OF SOLID WASTE COLLECTION DURING THE PERIOD OF MARCH 1, 2000, TO JUNE 1, 2001, FOR WHICH THE LICENSED COLLECTOR HAS NOT BEEN REIMBURSED AS PROVIDED FOR IN CHAPTER 24 OF THE DULUTH CITY CODE. -- PASSED UNANIMOUSLY

01-0593R - RESOLUTION AWARDING CONTRACT TO DUNCAN INDUSTRIES FOR PARKING METER MANAGEMENT SYSTEM, IN THE AMOUNT OF $62,128.91. -- PASSED UNANIMOUSLY

01-0560R - RESOLUTION CONFIRMING REAPPOINTMENTS OF BARBARA KOTH AND GREGG LILLEJORD TO TREE COMMISSION. -- TABLED

01-0603R - RESOLUTION SUPPORTING AND DONATING $5,000 TO THE SUSTAINABLE FARMING ASSOCIATION FOR THEIR EIGHTH ANNUAL HARVEST FESTIVAL TO BE HELD ON SATURDAY, SEPTEMBER 8, 2001 IN LEIF ERIKSON PARK. -- RETURNED TO ADMINISTRATION

01-0561R - RESOLUTION IN SUPPORT OF GAY, LESBIAN, BISEXUAL, TRANSGENDER PRIDE FESTIVAL DAYS, AUGUST 31 THROUGH SEPTEMBER 3, 2001. -- PASSED 6-3 (Eckenberg, Edwards, Stenberg)

01-0565R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR DWELLINGS FROM 25' TO 8' AND TO ALLOW TWO MAIN BUILDINGS TO BE TEMPORARILY LOCATED ON THE SAME LOT DURING THE CONSTRUCTION OF A NEW 30' X 40' SINGLE FAMILY DWELLING WITH A 24' X 24' ATTACHED GARAGE ON PROPERTY LOCATED AT 1110 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS. -- TABLED

01-0566R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR DWELLINGS FROM 25' TO 8' AND TO ALLOW TWO MAIN BUILDINGS TO BE TEMPORARILY LOCATED ON THE SAME LOT DURING THE CONSTRUCTION OF A NEW 30' X 40' SINGLE FAMILY DWELLING WITH A 24' X 24' ATTACHED GARAGE ON PROPERTY LOCATED AT 1110 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS. -- TABLED

01-0567R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25' TO 1' FOR THE CONSTRUCTION OF A 64' X 24' SINGLE FAMILY DWELLING WITH A 10' X 4' VESTIBULE AND A 24' X 24' ATTACHED GARAGE, ON PROPERTY LOCATED AT 1402 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO THE STIPULATION THAT THE EXISTING AND FUTURE FILL MATERIALS AS WELL AS THE BUILDING PLANS COMPLY WITH ALL REQUIREMENTS OF THE BUILDING SAFETY DIVISION AND THE SURVEY CORNER PINS BE RE-ESTABLISHED. -- TABLED

01-0568R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25' TO 1' FOR THE CONSTRUCTION OF A 64' X 24' SINGLE FAMILY DWELLING WITH A 10' X 4' VESTIBULE AND A 24' X 24' ATTACHED GARAGE, ON PROPERTY LOCATED AT 1402 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO THE STIPULATION THAT THE EXISTING AND FUTURE FILL MATERIALS AS WELL AS THE BUILDING PLANS COMPLY WITH ALL REQUIREMENTS OF THE BUILDING SAFETY DIVISION AND THE SURVEY CORNER PINS BE RE-ESTABLISHED. -- TABLED

01-0569R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY VARIANCES TO CONSTRUCT 30 DWELLING UNITS CONSISTING OF 22 RENTAL FLATS AND 8 UNITS ABOVE GARAGES ON PROPERTY LOCATED AT 58TH AVE WEST & NICOLLET ST. (IRVING TOWNHOMES LLC). -- FAILED 0-9

01-0570R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY VARIANCES TO CONSTRUCT 30 DWELLING UNITS CONSISTING OF 22 RENTAL FLATS AND 8 UNITS ABOVE GARAGES ON PROPERTY LOCATED AT 58TH AVE WEST & NICOLLET ST. (IRVING TOWNHOMES LLC). -- PASSED UNANIMOUSLY

01-0571R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT THREE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR EACH DWELLING FROM 5,000 SQUARE FEET TO 4,687.5 SQUARE FEET AND THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50' TO 37.5', TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 5' TO 4.5' AND THE AGGREGATE SIDE YARD SETBACK FROM 12' TO 9.5' ON PROPERTY LOCATED AT 423 N. 51ST AVE. W., 425 N. 51ST AVE. W. AND 427 N. 51ST AVE. W. -- FAILED 0-9

01-0572R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT THREE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR EACH DWELLING FROM 5,000 SQUARE FEET TO 4,687.5 SQUARE FEET AND THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50' TO 37.5', TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 5' TO 4.5' AND THE AGGREGATE SIDE YARD SETBACK FROM 12' TO 9.5' ON PROPERTY LOCATED AT 423 N. 51ST AVE. W., 425 N. 51ST AVE. W. AND 427 N. 51ST AVE. W. -- PASSED UNANIMOUSLY

01-0573R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT FIVE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR 2 DWELLINGS FROM 5,000 SQUARE FEET TO 3,000 SQUARE FEET; 2 DWELLINGS TO 3,500 SQUARE FEET AND 1 DWELLING TO 3,600 SQUARE FEET; TO REDUCE THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50' TO 30', 35' AND 36' RESPECTIVELY; AND TO RELAX THE FRONT YARD SETBACK FROM 25' TO 10', THE CORNER SIDE YARD SETBACK FROM 15' TO 9, AND THE AGGREGATE SIDE YARD SETBACK FROM 12' TO 10' ON PROPERTY LOCATED AT 5109-5119 RAMSEY ST. -- TABLED

01-0574R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT FIVE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR 2 DWELLINGS FROM 5,000 SQUARE FEET TO 3,000 SQUARE FEET; 2 DWELLINGS TO 3,500 SQUARE FEET AND 1 DWELLING TO 3,600 SQUARE FEET; TO REDUCE THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50' TO 30', 35' AND 36' RESPECTIVELY; AND TO RELAX THE FRONT YARD SETBACK FROM 25' TO 10', THE CORNER SIDE YARD SETBACK FROM 15' TO 9, AND THE AGGREGATE SIDE YARD SETBACK FROM 12' TO 10' ON PROPERTY LOCATED AT 5109-5119 RAMSEY ST. -- TABLED

01-0575R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT A TWO FAMILY DWELLING REDUCING THE REQUIRED LOT AREA FOR A DUPLEX FROM 6,000 SQUARE FEET TO 5,625 SQUARE FEET, REDUCING THE FRONT YARD SETBACK FROM 25' TO 14', THE REAR YARD SETBACK FROM 25' TO 5' AND THE CORNER LOT SIDE YARD SETBACK FROM 15' TO 12' ON PROPERTY LOCATED AT 427 NORTH 52ND AVENUE WEST. -- FAILED 0-9

01-0576R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT A TWO FAMILY DWELLING REDUCING THE REQUIRED LOT AREA FOR A DUPLEX FROM 6,000 SQUARE FEET TO 5,625 SQUARE FEET, REDUCING THE FRONT YARD SETBACK FROM 25' TO 14', THE REAR YARD SETBACK FROM 25' TO 5' AND THE CORNER LOT SIDE YARD SETBACK FROM 15' TO 12' ON PROPERTY LOCATED AT 427 NORTH 52ND AVENUE WEST. -- PASSED UNANIMOUSLY

01-0579R - RESOLUTION SUPPORTING APPLICATION OF CLYDE IRON MANUFACTURING, LLC FOR A STATE CHALLENGE GRANT. (REPLACEMENT) -- PASSED UNANIMOUSLY

01-0554R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE SALVATION ARMY TO PROVIDE WRAP AROUND INTERVENTION (SOCIAL) SERVICES TO MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP) PARTICIPANTS AT RISK OF REACHING THE 60 MONTH LIFETIME ELIGIBILITY LIMIT AT A COST NOT TO EXCEED $357,100. -- PASSED UNANIMOUSLY

01-0602R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND CONTRACT NO. 18987 WITH THE NORTHEAST MINNESOTA OFFICE OF JOB TRAINING TO PROVIDE STATE DISLOCATED WORKER SERVICES BY INCREASING THE AMOUNT OF THE CONTRACT BY $96,869. CONTRACT TOTAL SHALL NOT EXCEED $68,190 IN WORKFORCE INVESTMENT ACT (WIA) TITLE I DISLOCATED WORKER SERVICE DOLLARS AND $96,869 IN STATE DISLOCATED WORKER SERVICE FUNDS FOR A TOTAL OF $165,059. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinance was read for the second time:

01-028-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE UNIVERSITY OF MINNESOTA-DULUTH FOR THE INSTALLATION OF FIBER OPTIC CABLES UNDER JUNCTION AVENUE AT THE INTERSECTION OF EAST UNIVERSITY CIRCLE. -- PASSED UNANIMOUSLY

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