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HomeMy WebLinkAbout9A - Regal Crest Park Dedicatio MEETING DATE: AGENDA # PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT MAY 21, 2001 CfA BUD OSMUNDSON, PUBLIC WORKS DIRECTOR CONSIDER APPROVAL OF A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT AND A RESOLUTION AMENDING THE PRELIMINARY PLAT TO BE KNOWN AS REGAL CREST TO INCLUDE PARK DEDICATION History At the April 16, 2001 regularly scheduled meeting, the City Council approved attached Resolutions 00-46 and 00-47 approving the conditional use permit and the preliminary plat for a 74-unit townhouse development called Regal Crest. At the May 7th regularly scheduled meeting, the City Council approved a motion to reconsider the CUP and preliminary plat in regards to the issue of park dedication only (see attached minutes). The Regal Crest development is located on a 25.5 acre parcel that has hill and valley topography with as much as 65 feet of relief. The site has relatively large areas of slopes greater than 20%, wooded areas and wetlands, which are all protected by City Code or State Statute. The site is a rather tough site to develop. Furthermore, the R-l district also requires a minimum of 600 square feet of usable open space per unit for cluster developments. The proposed common area provides open space consisting of 5.6 acres of open space, or 3296 square feet per unit. Most of this open space is located on the slope in the southeast corner of the site. When staff reviewed this site for park dedication requirements, we took into consideration that the common open space provided by the developer exceeds ordinance standards by almost 2,700 square feet per unit, the added maintenance burden if this property is dedicated to the City for park purposes, and the proximity to other area parks and the trail/sidewalk access to them. The new Wensmann First Addition park, called Fairway Heights Park, is located just to the west of Regal Crest and can be accessed by using the proposed sidewalk system (see attached graphic). Fairway Heights Park is connected via the trail system to a future trail along CSAH 82 and to the north into the Jeffers property, which will have many green space amenities. The residents of Regal Crest can also access Raspberry Ridge Park on the east side of CSAH 21. There are plans to construct a trail in 2002 on the north side of Lords Street from CSAH 21 to the Raspberry Ridge park access. This may not be the best access due to traffic concerns on CSAH 21, but in the future a safe access via the trail system through Wensmann First Addition and the Jeffers property to a future signal at J:\Olfiles\OJ subdivisions\prelim plat\regal crest\dedication alternatives.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r- "7" Raspberry Ridge Road and CSAH 21, to the Raspberry Ridge Park will be provided. On the basis of the above considerations, the staff recommended that the City accept only a cash dedication for the Regal Crest development. However, in accordance with the Council directive, the staff has investigated and offers two alternatives to the original recommendation. The first alternative is to have the developer dedicated the wooded northwest comer of the Regal Crest development currently shown as open space as parkland. Under this scenario, the 210 ft x 190 ft parcel (0.83 acres) would remain as green space, but under City ownership allowing access to all City residents. It must be noted the SMSC property and Wensmann First Addition surround the site. In other words, it cannot be expanded or added to. Under the currently approved plan, this property would remain green space together with the remaining homeowner's association green space. The developer would still meet the cluster open space requirements and would still be paying some cash as park dedication. A second alternative is to have the developer dedicate a 20' wide trail easement as park dedication around the wetland in the southwest comer of the site. In the future, as the land to the south develops, a trail could be constructed around the wetland, which could connect to the future trail along CSAH 82. The proposed trail easement would consist of approximately 0.25 acres. There will be a similar trail on the west side of the much larger wetland in the Wensmann First Addition just west of Regal Crest. Ordinarily, neither of these pieces of land would meet City ordinance criteria for park dedication. Moreover, neither alternative increases green space, but only changes ownership, maintenance responsibility and accessibility to the public. FINANCIAL IMPLICATIONS: Parkland dedication requirements for this development are determined under the old policy. Under the original proposal, the developer would have paid $33,254.00 in lieu of land dedication, plus $850.00 per unit with each building permit ($60,900). Shown below is the land dedication and cash received under the alternatives set forth above: Land dedication: Park = 0.83 acres Trail = 0.25 acres Total = 1.08 acres Cash in lieu of land: $19,214.00 + $850.00 per unit ($60,900.00) ALTERNATIVES: The alternatives are as follows: 1. Take no action. This would not change the already approved CUP and preliminary plat (see attached approving resolutions). 2. Approve a resolution amending the Preliminary Plat to be known as Regal Crest to include the land dedication set forth above (see amended resolution). RECOMMENDED MOTION: As desired by the City Council. It must be noted that the 60-deadline for action on this item expires on May 22, 2001. t / Page 2 tn Z o - t- B- o C z <C ..J. ~ .v a: ~ t- en w a: o ..J <C CJ UJ a: -..- V..LV~.:1r'H'tln ~)lV I tlUltjd , lS3H::l '''~3H "n_ 0 8 ..... '- ~ "~I N't'1d 1OmHOO 1tOlS'OO3. ~! 6 , NV1d 3!MlMIlVDtlllMIl ~ ~ ~ I 0 I ~,.,r::'-- "', ~H OM" pocM~ ~~'-"'-"...."'~"'ICII - -_ooh,,, 2 2 ':JNI '9Nl~33NI8N3 ~~31 -...--...", e h -~- _"_"'lII_""" ..........,...-1_ ": =--~~.:: = -- - l-~ 03NOZ ~\: ~ \\\\\@bC)~CQ, a- "J \ \''' / / l-~ 03NOZ , ' , '-". ""',,' ~ Ii l L 1\ \~~ l N, ,,0 l-~ toz., t Ill" \~\ \ OJ~~""o'~.'~\ '" ctP ...~~"...:' \tJ,oo~J~.l UJ_ ......cL Co" . . I ~ ~ I ~.. {j,--..~~y~ Tl : .,. ~..:: H,,' z I:~I ___=,-.._~~'\;.\j '7. '" j 2j ~' -"" ...., , --..'t-. ' .;.-- -. ,'ill 't \. . , "'_..._ _='_, r- - _.. .,,,, _~ .L _. ,.- ~,,,[;'i~ -"(""':'_ __..:...-...~.~~ ..:..:~.--_. . h" t" , r- ---..:;.---~ _-11 J "::::- 'IIor..-, ..... 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"'i " I. "-~~ . '-, ,/ ~..., ~=--.- #.' _ ~_"h. _'__no -...... ,. I " .".:::::-.~ ::\~_:::=L___ ~rr({Y(( ~~~. \-r;-/~:~~~~.,' 'if:' \... ;~:~ lY1d nnv" n>NIS ,b lSI\~ ~~dOlId \ I NoU.loOv 151 NYI'lSN3No~-r ~ \ ~ ~--=~ ., ~ I J I i '! ~I 4 i lIlllllli I i '!II~ IIM.ldIlrt,q! 1U1~ !WellbEg&!ij1! f I f I Ill! ~j1d d; al . ~ c'; , ; ! ~~ I . - : I I i .~. a; il -r. - - .. ..~-=--+ iLrU' .I I ;J I ~iL~ !: PRELIMINARY PLAT REVISED RESOLUTION 01-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "REGAL CREST" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: SECOND BY: WHEREAS: The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Preliminary Plat for to be known as Regal Crest; and WHEREAS, The Prior Lake Planning Commission continued the pUblic hearing to March 26, 2001; and WHEREAS: Notice of the public hearing on said preliminary plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of Regal Crest for the record at the public hearing conducted by the Planning Commission; and WHEREAS: The Planning Commission and City Council have reviewed the preliminary plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be consistent with the provisions of said ordinances; and WHEREAS The Prior Lake City Council considered an application for preliminary plat approval of Regal Crest on April 16, 2001; and WHEREAS: The Prior Lake City Council voted to reconsider the application for preliminary plat approval of Regal Crest solely for the purpose of addressing parkland dedication on May 7,2001; and WHEREA: The Prior Lake City Council has determined the preliminary plat of Regal Crest should be amended to include dedicated parkland; and WHEREAS: The City Council finds the preliminary plat of Regal Crest to be consistent with the 2020 Comprehensive Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: li\g200s~b1~be\-'E!~kO}\~~~~~.f\9fltf~t'at{~,S~rrtrf&gb4gc55372-1714 / Ph. (952) 447-4230 / Fax (952) 4!f~2~5 AN EQUAL OPPORTUNITY EMPLOYER II ~ , , A, The above recitals are incorporated herein as if fully set forth. B. The preliminary plat of Regal Crest is approved subject to the following conditions: 1) The plans should be revised to identify the 210' by 190' wooded area located in the northwest corner of the site as Park, 2) The developer must submit an easement for a 20' wide trail around the wetland in the southwest corner of the site. 3) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. 4) Address the following comments from the City Engineer: a) Submit a wetland replacement application. b) Provide an additional low point on Jeffers Pass, north of Thatcher Lane, to direct runoff into the southwest wetland on the property. c) Maximum slope of grading in maintained areas is 4:1. Some graded areas are shown with a greater than 3: 1 slope. Provide retaining walls as necessary to create 4: 1 slopes in maintained areas, d) Refer to the Prior Lake Design Manual for preparation of plans and specifications. e) Look at alternative ways of connecting to the existing sanitary sewer, f) Catch basin 15 is located in a driveway. The driveway location must be moved. g) The intersection of Lauren Lane and Jeffers Pass must be constructed in Phase 1 to eliminate the need for a temporary cul-de-sac. h) The developer must obtain temporary construction easements where off-site grading is occurring, These easements must be provided to the City prior to issuance of a grading permit. i) The street grade shall not exceed 2,00% for the first 100' approaching the intersection with C,R. 21, 5) Address the following comments from the Scott County Engineer: a) Provide a right-turn lane, designed to County standards, on CSAH 21 at Jeffers Pass, b) Remove the existing driveway on CSAH 21 and grade to match right-of-way. c) Obtain permits from the County for any work in the County right-of-way, 6) Obtain a permit from the Watershed District. 7) All necessary permits from other agencies must be obtained and submitted to the City prior to final plat approval, or prior to approval of a grading permit. Passed and adopted this 21st day of May, 2001. YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska 1:\01 files\O 1 subdivisions\pre1im p1at\rega1 crest\rev res.doc Page 2 {Seal} Frank Boyles. City Manager 1:\01 files\O 1 subdivisions\pre1im plat\regal crest\rev res. doc Page 3 Ir IT '1, CJ) z o - I- 0. o C z <( ..J. ~ .v a: ~ I- CJ) W a: o ..J <( Cl w a: ~ JZI:~",~e~ ~~~.'-"'_"'fI(/I ':JNI '9Nl~33NI8N3 ~~31 =:.::.=-:::: ~ I i lS3HJ '''~3~ "n_ ~ ~ i I"") NYl:l 1mI1tlOO tI'JISOtI3, ~! 6 . NV1d ::rovrmKllottltm::l ~ i ~ 1 0 ! --- _.._--~ ~"._t_ ----- ..-""-"-.-. ..- ---, l-~ 03NOZ ~\; l \\\\\~~~':',EbQ) \ ~.~ / / 1-'\1 03NOZ . ' ... >.,'" , . \O~:, 1,1. 1\ \S~. I 0 . "-. ,Q I-~ 113NOz" r: ~\ \~, \.j-.,:f.AY _ -IIDl1~"I'lClJ ]O'ttr)) \ . r~ ""........ ,. "-, '11/) .Jl! ".: ~......d__ ...~ ~ . / \fl'. ,j, ~)BOJ.A~'lO, ~ I '~~", 1,1 \ :'g .....1 ~ ~[\'uJ~~ ;~ i ~ I ' ". 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II i o iii Cl Q) 0:: ~ c: IV ~ 'U C 0) C) ~ ~ IV a.. -t- ~ Q) Q. o ~ Ct. \ \ ~ \ Q) / ~/ , , ~ ~D ') . . . . ~ ~ .~ .... Q) Q) u. o o co 11'1 ........_ ....J<'t PRELIMINARY PLAT RESOLUTION 01-46 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "REGAL CREST" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: ZIESKA SECOND BY: PETERSEN WHEREAS: The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Preliminary Plat for to be known as Regal Crest; and WHEREAS, The Prior Lake Planning Commission continued the public hearing to March 26, 2001; and WHEREAS: Notice of the public hearing on said preliminary plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of Regal Crest for the record at the public hearing conducted by the Planning Commission; and WHEREAS: The Planning Commission and City Council have reviewed the preliminary plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be consistent with the provisions of said ordinances; and WHEREAS The Prior lake City Council considered an application for preliminary plat approval of Regal Crest on April 16, 2001; and WHEREAS: The City Council finds the preliminary plat of Regal Crest to be consistent with the 2020 Comprehensive Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: A. The above recitals are incorporated herein as if fully set forth. 8, The preliminary plat of Regal Crest is approved subject to the following conditions: 1) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. 2) Address the following comments from the City Engineer: a) Submit a wetland replacement application. !}\e:roOt~~PWJ~4:9.@~<Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 P;'C3~x1(612) 447-4245 AN EQL:AL OPPORTUNITY E'vlPLOYER ,...... b) Provide arT additional low point on Jeffers Pass, north of Thatcher Lane, to direct runoff into the southwest wetland on the property, c) Maximum slope of grading in maintained areas is 4: 1. Some graded areas are shown with a greater than 3: 1 slope. Provide retaining walls as necessary to create 4: 1 slopes in maintained areas. d) Refer to the Prior Lake Design Manual for preparation of plans and specifications. e) Look at alternative ways of connecting to the existing sanitary sewer. f) Catch basin 15 is located in a driveway. The driveway location must be moved. g) The intersection of Lauren Lane and Jeffers Pass must be constructed in Phase 1 to eliminate the need for a temporary cul-de-sac. h) The developer must obtain temporary construction easements where off-site grading is occurring. These easements must be provided to the City prior to issuance of a grading permit. i) The street grade shall not exceed 2.00% for the first 100' approaching the intersection with C.R. 21. 3) Address the following comments from the Scott County Engineer: a) Provide a right-turn lane, designed to County standards, on CSAH 21 at Jeffers Pass. b) Remove the existing driveway on CSAH 21 and grade to match right-of-way. c) Obtain permits from the County for any work in the County right-of-way, 4) Obtain a permit from the Watershed District. 5) All necessary permits from other agencies must be obtained and submitted to the City prior to final plat approval. or prior to approval of a grading permit. Passed and adopted this 16th day of April, 2001. YES NO Mader X Mader Gundlach X Gundlach Ericson X Ericson Petersen X Petersen Zieska X Zieska {Seal} r:\resoluti\planres\200 I \Ol-46.doc Page 2 I . i n J ,1., CONDITIONAL USE PERMIT RESOLUTION 01-47 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 74 UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "REGAL CREST" MOTION BY: MADER SECOND BY: ZIESKA WHEREAS, The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Conditional Use Permit (CUP) for a 78 unit cluster development to be known as Regal Crest; and, WHEREAS, The Prior Lake Planning Commission continued the public hearing to March 26, 2001; and WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP of Regal Crest; and WHEREAS, The City Council considered the CUP application for Regal Crest at its regular meeting on April 16, 2001; and WHEREAS, The Planning Commission and City Council find the CUP for Regal Crest in harmony with both existing and proposed development in the area surrounding the proJect; and WHEREAS, The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1, The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the following findings: r:\resoluti:planres\200 1 \0] -47.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / tax (612) 447-4245 AN EQI,AL OPPORT;':NITY E'v'PLovER a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Low to Medium Density Residential designation allows townhomes and cluster housing up to 10 units per acre. This development is consistent with those goals, and with the policy to provide a mix of residential housing styles. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This use will not be detrimental to the health, safety, morals and general welfare of the community. The use is consistent with the adjacent development. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposal meets the provisions of the Zoning Ordinance. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The developer will install all utilities necessary to serve this site, The sewer lines have the capacity to serve this site. The proposed NURP pond and storm water sewer system will be designed to accommodate runoff from this site. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is similar to the approved Wensmann 1 st development and will not have an adverse affect on that property. The property to the south may be affected by runoff. This can be mitigated by the acquisition of drainage easements on that property, if necessary. f} The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. A civil engineer has prepared the plans. As noted above, with some modifications, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications are required, and will be made prior to approval of the final plat for this site. h) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the o,bjectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit which are more stringent than those set forth in the Ordinance r:\resoluti\planres\2001\OI-47.doc Page 2 Ii II, and which are consistent with the general conditions above. The additional conditions shall be set forth in the Conditional Use Permit approved by the City Council. The suggested conditions and modifications for approval of this plan are listed below, 3nd lTiust be incorporated into the plans prior to final approval by the Council. 3, Section 1102.403 (1) lists the specific criteria for a cluster development in the R-1 district. These criteria are discussed below: a) Cluster housing shall meet the following minimum requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-1" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of usable open space for each dwelling unit. The proposal meets the above criteria, b) The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. This site is suitable for cluster development due to the topography, wetlands and the existing trees on the site. The revised proposal attempts to preserve many of the steep slopes by designating this area as common open space, 4. The Conditional Use Permit is hereby approved on the property legally described as follows: The South 20 rods of the East 60 rods of the Northeast % of the Northeast 1/4'; the north 18 rods of the Southeast % of the Northeast %; the south 18 rods of the North 36 rods of the Southeast % of the Northeast 1/4'; and the South 8 rods of the North 44 rods of the Southeast % of the Northeast %; all in Section 34, Township 115, Range 22, EXCEPT that portion of the above land described as follows: A tract of land in the East Y2 of the Northeast % of Section 34, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 1209.4 feet North of the Southeast corner of said Northeast % and lying on the East line thereof, and running thence West at right angles to said East line a distance of 367.3 feet; thence North parallel to said East line a distance of 473.3 feet more or less to the South line of the North 990 feet of said Northeast %; thence east along said South line a distance of 367.3 feet to the East line of said Northeast %; thence South 473.3 feet to the point of beginning. 5, The Conditional Use Permit is hereby approved subject to the following conditions: a) Obtain a permit from the Watershed District. b) The landscaping plan must also be prepared and signed by a registered landscape architect. c) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. r:\resoluti\plnnres\200 1\01-47 .doc Page 3 d) The Final Plat and Development Contract must be approved by the City Council. e) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information, One set will be maintained as the official CUP record, The second set will be returned to the developer for their files. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the cluster development to be known as Regal Crest. The contents of Planning Case Files #01-005 and #01-006 are hereby entered into and made a part of the public record and the record of the decision for this case, Passed and adopted this 16th day of April, 2001. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Zieska X Zieska {Seal} r:\resoluti\planres\200 1 \0 1-47.doc Page 4 I if n II il