03-28-1994 City Council MinutesMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL,
OF THE CITY OF OTSEGO, IN TRE COUNTY OF WRIGHT,
AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 28, 1994 - 7:30 P. M.
CITY HALL
1. CALL TO ORDER
The Otsego City Council met in regular session and was called to order by Mayor
Norman F Freske at 7;30PM.
ROLL CALL:
Mayor Norman F Freske, Councilmembers Doug Lindenfelser, Larry Fournier, and
Floyd Roden were present.
Also present were Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson
Secretary, Larry Koshak, Engineer, David Licht, Planner and Andy MacArthur, Attorney.
2. CONSIDERATION OF MINU IES:
The regular Council Minutes of 3/14/93.
Doug Lindenfelser Motioned, Floyd Roden 2ND to approve the minutes. Motion carried
unanimously.
Mayor Freske noted that Ron Black will be late and Jim Barthel is sick.
3. DON MEINHARDT - RE: Sign for the City Hall and any other Business
Don Meinhardt appeared before the Council. He passed out information on the price of
the sign and said the Council has copies of the drawings of the sign. He shows two
locations for the sign. If it is too close to the road it could interrupt the site -line.
This is a large sign and needs to be above the snowline. It could be lowered 1' or so.
Larry Fournier questioned the block material. It will match our building (spectroglaze)
and the material inside the building. (burnished). There are two estimates on the sign
and one on the masonry (see attached quotation). The sign could be done is stages. One
could be the pillion w/sign and the electronic sign could be added later. Don Meinhardt
explained. He suggested that we look at one of their signs. Wiring is separate.
(underground). Councilmember Fournier said a sign is important, but what we need is a
regional Bulletin Board to post information for everyone to see. Maybe we should
consider that. He felt we should discuss this further. The rest of the Council
agreed.26x44 was $9498.00, quote (no installation costs quoted.) He quoted one larger
for a larger price. He said he felt we could get lower prices yet. We could think of an
exterior bulletin board. Council felt it should be closer to the building.
The Countertop in the kitchen was discussed and it is pulling apart. Don Meinhardt
will try to correct it. Mike Kirsch will wire the computer for back-up power. Council
advised Don Meinhardt to bring up suggestions for an outside bulletin board.
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4. OPEN FORUM
Frank Morsette - Wants a clarification on the LeFebvre Watershed area. They are
looking at building al -family home on Odean Avenue. Larry Koshak said the site is in
the watershed area and exemptions do not cover this site. Andy MacArthur said he also
talked to Mr Morsette and he said the Council is the one to make the decision as to if we
would amend the watershed district moratorium. Driveway would be accessing off of
Odean Avenue. He met w/Larry Koshak/Bob Kirmis and Elaine Beatty on January 13,
1994. His concern was to make sure if he built his own home there, he wouldn't interrupt
the future road. We had discussed developing that property. Since January 13th, I have
had no inclination that this would be in effect. I went a step further and listed and sold
my current residence. This does put me into a bind. Mayor Freske informed him that we
had two or three meetings on this. Mr Licht felt maybe we should bring it back as an
Agenda item at the next meeting. April 15,1994 is Mr Morsette's closing date. His other
alternative is to contact the buyer to get out of the contract. This will be on the April 11,
1994 Council Agenda.
LARRY FOURNIER MOTIONED TO TABLE THIS ISSUE AND PUT IT ON THE
APRIL 11, 1994 AGENDA. FLOYD RODEN SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
JOAN KICKLER - Lives on Needham across from Dave and Loretta Schultz. She has
some pictures from that area. She is curious if they are putting in a culvert across the
road there. Mayor Freske said they will not do anything before informing the residents.
She asked about a drainage project. Mayor Freske said the other people paid for the
drainage themselves. She asked about ditching of 87TH. There used to be a ditch in the
back yard.
She asked if this is coming up later on the agenda. The Council will definitely inform the
neighbors before anything is done. One option is to do nothing said Larry Koshak.
We need a neighborhood meeting said Mayor Freske. Ms Kickler was informed that this
was not on the Agenda later tonight.
5. DAVID LICHT, PLANNER
5.1. Big Ed's Trailer Sales
As of May 24TH of last year the Council gave the operation 30 days to come
in and file for an application and the directive was no additional equipment be brought in
for sale. Staff has sent out numerous letters. An application was applied for. It was
rejected and he was given another 30 days to come in. Notice was sent out that we would
pursue legal action. We have a letter that the owner wished to discontinue the business
and sell out by the 15TH of June. We will pursue action. He recommended that the
Council pass a motion authorizing the City Attorney to pursue this by the 15TH of June.
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Larry Fournier supports this being turned over to the Attorney now. The Council agreed
it will not be brought back to the Council.
LARRY FOURNIER MOTIONED TO NOTIFY BIG ED THAT HE HAS UNTIL THE
15TH OF JUNE AND AT THAT TIME IT WILL BE TURNED OVER TO THE
ATTORNEY AND IT WILL NOT COME BEFORE THE COUNCIL AGAIN. DOUG
LINDENFELSER SECONDED THE MOTION. (PER MR. DAUPHANIAS MEMO OF
MARCH 23, 1994. MOTION CARRIED UNANIMOUSLY.)
5.2. City Hall CUP for Park and Recreational Use
Mr Licht referred to a Finding of Fact and the City recommending approval
subject to 9 conditions. This is a straight forward request.
FLOYD RODEN MOTIONED TO ACCEPT THE P. C. RECOMMENDATION. DOUG
LINDENFELSER SECONDED THE MOTION TO APPROVE THE CITY HALL CUP
TO ALLOW THE PARK AND REC. USE. MOTION CARRIED UNANIMOUSLY.
5.3. Mining Ordinance
(WILL BE MOVED TO MR KOSHAK'S MATERIAL)
5.4. Fire Arms Ordinance
Mr Licht said it was modeled after several other Ordinances, The Wright Co
Sheriffs Dept as well as the City Attorney has reviewed this. A committee is put together
for reviewal of this Ordinance. "Mr Licht said that Committee is a key to the success of
this Ordinance. After review of this we will discuss it further. The designated areas was
a concern. Some areas of this are heavily hunted. A Committee should be established
well before hunting season said Mr. Licht. (possibly May with a report back by July). A
Game Farm is a Commercial Recreational Use Permit said Dave Licht in reference to Mr.
Lindenfelser's question. Public input on this issue was discussed.
A Workshop will be set up for this Fire Arms Ordinance.
FLOYD RODEN MOTIONED TO TABLE THIS UNTIL A WORKSHOP MEETING.
DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Mr. Licht brought up the #42 and #101 property by Gil Darkenwald has a landscape
operation all ready to operate. They have not posted security. He is extremely worried
and suggests that the City Attorney be given OK to go ahead with prosecution on this.
We had problems with the Antique business across the road and we should hold the
property owner responsible. We have to say, we mean business. For the record a letter
was sent on the 24Th of March on this. Mr MacArthur had a call from Hare Stewart. He
has sent up a meeting with Mr Koshak and himself and he will convey this information to
him.
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LARRY FOURNIER MOTIONED TO AUTHORIZE STAFF TO TAKE WHATEVER
STEPS ARE NECESSARY TO END HIS BUSINESS IF HE PROCEEDS WITHOUT
THE PROPER AUTHORITY FROM THE CITY, DOUG LINDENFELSER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Mr Licht brought up 6.3. Riverwood setup license hearing. He felt a detailed inspection
should be done for Riverwood and authorization should be made to pursue any violations.
He brought up the parking lot curbing. We can have them authorize the posting of
security for the curbing.
Mayor Freske brought up the codifying of Ordinances. He explained.
The Mayor brought up a Memo brought forth regarding the dairy operation .
5.5. Any other Planning Business
(see above )
MIKE KIRSCH - Electrical Re. the Computers wiring. They felt he should meet with the
Administrative Subcommittee. We will get together w/ Mike Kirsch, Robb Snavely and
Elaine and Judy Hudson.
6. ANDY MAC ARTHUR, CITY ATTORNEY
6.1 Wild and Scenic Ordinance Update
Response from the Wild and Scenic Ord and DNR. Most of the things are nit-
picking and can be easily remedied. The City does have the option of requesting an Adm,
Hearing. He was at the Legislature Hearing last Thursday and talked to Ms. Fect's boss
and he said he is available to come out here and meet with us and discuss it. Judging what
is in this I would suggest that we make the editorial changes as requested and resubmit it.
I will attempt to get a 30 day waiver said Andy MacArthur. We are not unique. A lot of
other communities have the same problem. Mr. MacArthur felt if we change it and send it
in and they both talk to Mr. Stein it should get done, (Mr MacArthur and Mr Licht)
DOUG LINDENFELSER MOTIONED AND FLOYD RODEN SECONDED TO
RESUBMIT THIS TO THE DNR. MOTION CARRIED UNANIMOUSLY.
6.2 City Truck Financing (Bounding Vs Leasing)
Mr. MacArthur said for bonding, between $800.00 and $1,000.00. Elk River
Bonds were 5 % interest recently. The bonds could be paid off at any time.
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DOUG LINDENFELSER MOTIONED TO GO WITH FORD'S LEASING PROGRAM
WITH FINANCING. SECONDED BY LARRY FOURNIER. MOTION CARRIED
UNANIMOUSLY. (subject to Andy MacArthur's Approval of the Lease)
Andy McArthur needs a copy of the lease.
6.3. Riverwood set up License Hearin&
Public Hearing on Riverwood Conference Center. No one wished to be heard.
Dave Licht felt they should be required to post a security in the amount of what has to be
done. That would be by the first of August .
DOUG LINDENFELSER MOTIONED, LARRY FOURNIhR SECONDED THE
MOTION TO APPROVE THE SET UP LICENSE CONTINUATION FOR
RIVERWOOD CONFERENCE CEN'T'ER AS LONG AS A SECURITY IS POS 1hD
FOR THE CURBING AND A CONTRACT AGREEMENT IS ENTERED INTO .
MOTION CARRIED UNANIMOUSLY.
MOTION BY FLOYD RODEN SECONDED BY LARRY FOURNIER TO CLOSE THE
HEARING FOR RIVERWOOD. MOTION CARRIED UNANIMOUSLY.
6.4. VFW Parking Lot Deferment
Earl Green appeared before the Council. He was given a copy of the VFW
Parking Deferment Agreement and a 5 -minute recess was taken for him to review this.
Meeting was called back to Order.
Andy MacArthur explained. He said Mr Greer indicated they are planning on paving the
62 car spaces and the other part would be Class 5 until they needed the spaces. We
wouldn't require them to asphalt the other area until we see a problem with parking. The
other issue is how much would the City want to hold for Letter of Credit? What amount
would the City require is the question. Mr Koshak has not had time to put a number
together. Mr Greer questioned, because the land use is not that great without the facility
being built. The letter of credit has to be determined. The 62 cars would cost $15,000.00
to blacktop. How long would you hold the letter of credit. If the Letter of Credit was for
both lots, it could be reduced after the first lot was paved. Mr. Licht said The VFW is a
community spirit organization. We could get an agreement that if there isn't sufficient
parking they would shut it down or expand. We need a letter from the VFW stating the
same. They are coming here in a community minded effort. If you have Class 5 out
there should be someway to control it. A physical barrier, etc. Larry Koshak said they
should do some fencing around the parking area. Maybe posts and cable. W/ the gravel
surface you can put a cable around it also. Andy can redraft the agreement to include
these items. It is in a recordable form.
FLOYD RODEN MOTIONED TO GIVE THE VFW A DEFERMENT AND HAVE THE
CHANGES WE DISCUSSED ADDED AND HAVE ANDY MAC ARTHUR REDRAFT
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THIS AGREEMENT AND THE COUNCIL SEE THE FINAL COPY. DOUG
LINDENFELSER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Mr Fournier asked if we are setting a precedent? Dave Licht said this is basically an
exterior use with no buildings. This is a non-profit organization.
Mr. Greer said we need to determine the cost of the permit. We will have to think about
that. Larry Koshak and Jerry Olson will get together on that tomorrow. 8:30AM.
6.5. Any other Legal Business
As far as Thibodeau, we have an agreement that will be signed tomorrow.
Andy MacArthur brought up the enforcement and the Attorney involved. How is this
handled? through criminal or civil action? He is unsure of what the agreement is. He
was told that Mr. Conroy gets involved when we send him a letter.
Judy Hudson asked if we have to give people with damage deposits interest on that when
we return it. Andy MacArthur felt we did, but he will give us a memo on it.
7. LARRY KOSHAK, CITY ENGINEER
5.3 ABOVE MINING ORDINANCE
Larry Koshak explained that a Hearing was held on the Mining Ord. there were
no comments. Some revisions were added based on the P.C. recommendations.
He explained. It is a repeal of Ord #9, existing Mining Ordinance. There were some
definitions changed. All the corrections were made that were discussed. Two things that
were different were. We are not going on a yearly renewal basis. There are enough
items that if they do not comply with the Ord. we can pull their permit. If there is a non-
compliance at any one time, it can be brought before the Council. Fees are out of the
Ordinance and they will be set by Resolution. We will have to pass a Resolution.
Recommendation is Application Fee be $750.00 $.5 per Cubic Yard be charged.
If you wish to change that you can as Council. That amount of money is due for all the
material that is removed, it is payable January 31ST of the following year. This is the old
Ordinance with all the rest of the details. He explained further. There is a violation
section on Pg 26. The Applicant has to have documentation that the yards were taken
out to give us numbers, with cross-sections. We get a schedule from the applicant as to
how they will mine the pit. He explained further as to timelines. This Ordinance will
have a new Ordinance Number. Ord #9 will be repealed.
FLOYD RODEN MOTIONED TO PASS THE ORDINANCE , WHICH IS REPEALING
ORD #9. DOUG LINDENFESLER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. (MINING PERMIT ORDINANCE)
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FLOYD RODEN MOTIONED TO PASS A RESOLUTION TO ACCEPT THE NEW
MINING ORDINANCE. SETTING THE APPLICATION FEE AS SET OUT ABOVE
AND THE YARDAGE FEE. DOUG LINDENFELSER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Larry Koshak said there is an Application and information to fill out to get the Permit.
7.1. Wetlands Ordinance and Documents
Larry Koshak explained. He had information in the packet for the Council
and asked them to read the information. We have a Hearing on the Wetlands Ordinance
on May 4, 1994. It is an involved process with a lot of different documents and
applications. Larry Koshak left the documents with Elaine Beatty. The Council looked
at the Documents. Larry Fournier asked about Pg. 4 letter I. Larry Koshak said that is
just for information.
7.2. Consider Topo Mapping by Markhurd
Markhurd representative appeared before the Council to give the Council
information on Topo Mapping. Mr Swanson was his name. He said he was here for
questions and answers. There are four alternatives. There were four options that had
been put together by Larry Koshak. The more area we go with, the less the cost per acre
is. #2 includes a portion of the #l01 area and the SE portion of the City. #4 was
discussed at the Workshop Meeting the other night. The cost will not go up significantly
if not all done this year. They are working with Wright Co now. Larry Koshak said it is
important for drainage so we know what the contours are, etc. More discussion was had
on the benefits of mapping, etc. We need as-builts, after it is developed. Choice #1 is
the minimum amount to do. Mr Swanson said Alt #4 you could have the triangulation
done and have it finished. The critical reason to have this is because of Storm Water
Drainage Study.
LARRY FOURNIER MOTIONED TO GO WITH ALT.#4 FOR TOPO AND CONTOUR
MAP AT A PRICE OF $34,050 FOR ALT #4, SURVEY CON"1'ROL $12,050.00
TOTAL PRICE OF $46,100.00. DOUG LINDENFELSER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY. THE FINANCING WILL COME FROM
UNUSED MONEY WHICH WAS IN TENDED FOR A ROAD GRADER.
Mayor Freske brought up the fact that we had talked about Mapping, and when we
found out that the County was doing this, we decided to go along with them.
The Mayor signed the agreement so Mr Swanson could take it with him.
7.3. Consider Stormwater Study - What area?
$16,500.00 Study needs authorization. This was part of our Workshop Meeting.
Alt #1 was the study. It should take care of the area for awhile said Mr Koshak.
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCH 28, 1994
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LARRY FOURNIER MOTIONED TO AUTHORIZE LARRY KOSHAK'S FIRM TO
DO THE STORM WATER DRAINAGE STUDY AS PRESENTED . FLOYD RODEN
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
(SEE: EXHIBIT B FROM THE WORKSHOP ITEMS)
7.4. Consider improvement Proj from CASH 19, Kadler Ave (80TH to 85TH ST)
Proj. Resolution for ordering Plans and Specs.
Larry Koshak explained.
DOUG LINDENFELSER MOTIONED, FLOYD RODEN SECONDED TO PASS A
RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR IMPROVEMENT
PROJ FROM CASH 19, KADLER AVE (80TH TO 85TH ST) PROJ. THERE WILL
BE NO CHARGE OR ASSESSMENTS FOR THIS PROJECT. MOTION CARRIED
UNANIMOUSLY. WE ARE RECEIVING MONEY FROM THE STATE ON THIS
PROJECT.
FLOYD RODEN MOTIONED, DOUG LINDENFELSER SECONDED THE MOTION
TO PUT AN ADDENDUM TO THE BID FOR GRAVEL SHOULDERING. MOTION
CARRIED UNANIMOUSLY.
Discussion of the Maintenance Department doing the shoulder work on this project was
had. It can be bid with the project and decide later who will do it.
WE RECEIVED A CHECK FOR THE KADLER BRIDGE.
7.5. Any other Engineering Business
Otsego School water item.
Norman F Freske explained that we are considering drilling the well to have water
for the school and we could sell it to the School and any other Commercial or Industrial
businesses that come in. Larry Koshak said we need to get better numbers to look at this.
He will put the information in the next packet. The School is excited about the possibility
of this happening. They are concerned about a large charge. Larry explained further.
We need to get some answers from the school. The School will give the land to the City
for the well. Vern Heidner asked about how it works. Larry Koshak said a hydro-
numatic system. It would be OK for sprinkler system, but would need a water tower for
fire service purposes..
Larry Koshak brought up O'Day Acres. We have a policy of concrete pipe for storm
sewer. It is Larry Koshak's policy. It is up to 50 years or more lifespan. Mr Roden is
asking to use plastic pipe for an area outside of the street. There are arguments for using
that type of pipe. I prefer concrete because of it's durability. The plastic pipe is allowed
by the Hwy Dept. where there isn't a heavy load on it. Doug Lindenfelser asked how it
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ON MARCH 28, 1994
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holds up for winter steaming? Mr Koshak said plastic deforms. He didn't know how it
would react to steam. Our precedent is we made Antelope Park put in concrete. We are
discussing storm sewer. It is 150' long. Mayor Freske had a problem with allowing a
lessor amount. The Council asked if there is any history on this pipe. It is relatively new
said Larry Koshak. Freeze thaw is a problem. If it is better or as good, we could consider
changing the policy. Frankfort Township uses it. Mr Koshak recommends as a long term
for the City, concrete.
Mayor Freske asked about a Transportation Meeting on April 27, 1994 at 1PM,
Wednesday. Township and City Meeting with Wright Co Transportation. Larry Koshak
will put together a report on needs.
Doug Lindenfelser brought up a large tree the neighbors need to knock down by Cletes
Vetch. He asked if the Maintenance Dept. should block off the road while they are doing
this. The Maintenance Dept should remain there while they are doing this. Larry Koshak
said also make sure that it is cleaned up. Discussion was had on notifying the fire
departments as to the road being closed, in case of emergency.
8. CITY COUNCIL I'1EMS:
8.1. Consider Arleen Nagel for BEYOND THE BASICS planning workshop
FLOYD RODEN MOTIONED, DOUG LINDENFELSER SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY TO SEND ARLEEN NAGEL TO
BEYOND THE BASICS PLANNING WORKSHOP.
8.2. Update on Adm. Subcommittee Meeting
Larry Fournier said we talked about the map holder we have one to try out.
Elaine and Judy attended a seminar in St Cloud. He talked about mail and records
storage retention program. We will give recommendations for the next meeting. We
normally meet twice a mo. each Wed. before Council Meetings. We will now meet once
a month. The Minutes are being done in a new form that was learned at the Workshop.
The Staff would like to adopt a staff value statement. They did internally.
8.3. Update on EDAAC Meeting
Vern Heidner said he was not at the last meeting. The meeting is on the 4TH
of April, 1994. Neither Vern Heidner nor Mr Nichols can attend. Judy has a copy. She
is waiting for two more things and it will be copied to the EDA. He feels we are getting
bogged down. He explained further. Liz wilder will have the minutes to Elaine
Wednesday afternoon.
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8.4. Appoint Ad Hoc snowmobile committee
Tom Constant will chair. It was an organizational meeting. Larry Fournier
said Ron Black wanted the Council to appoint the committee.
LARRY FOURNIER MOTIONED TO APPOINT THE LIST OF 24 PEOPLE TO THE
AD HOC SNOWMOBILE COMIVII'1TEE, LIST TO BE SUPPLIED BY RON BLACK.
FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY
8.5. Discussion of Prayer Breakfast
The 28TH of April is being looked at. Possibly the 21st for an alternate.
They are looking at the UPA Lunchroom as first choice, Otsego 2ND Choice.
8.6. Pay any Bills
8.7. Any other Council Business
Norman F Freske brought up information on Tornadoes and Red Cross help
for the City. He felt we need a Committee and get the three fire departments together
and try to work something out. The Red Cross is the one who suggested it, Mike Couri.
We will talk to Dave Cecka.
Mayor Freske brought up information on meetings.
Sexual Harassment Training. Elaine Beatty is setting it up.
Judy Hudson brought up the $400.00 damage deposit for the conference room.
LARRY FOURNIER MOTIONED TO SET THE DAMAGE DEPOSIT OF $200.00 FOR
THE CONFERENCE ROOM AND IT WILL BE RUN THROUGH THE BANK.
DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8.8. Adjourn Meeting 11PM
FLOYD RODEN MOTIONED, DOUG SECONDED THE MOTION TO ADJOURN
THE MEETING. MOTION CARRIED UNANIMOUSLY.
11PM_ COUNCIL ADJOURNED.
NORMAN F FRESKE, MAYOR
INDENFELiER, COUNCIL
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