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SUM CC 2006 12 11 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES DECEMBER 11, 2006 Mayor Furlong called the meeting to order at 7:10 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Roger Knutson, Kate Aanenson, Todd Hoffman, Jill Sinclair, Greg Sticha and Paul Oehme PUBLIC PRESENT FOR ALL ITEMS: Jerry & Janet Paulsen 7305 Laredo Drive PUBLIC ANNOUNCEMENTS:PRESENTATION OF ENVIRONMENTAL EXCELLENCE AWARDS. Public Present: Name Address Tom, Pam & Andy Devine 7640 South Shore Drive Jeff Grimm 435 Pond Promende Trevor & Tressa Haugdahl 4003 Highland Road, Minnetonka Jeremy & Debbie Scott 18528 Chennault Way, Eden Prairie Bill Fouks 88 Castle Ridge Court Lee Scholder 1521 Heron Drive, Shirley McGee 1950 Andrew Court Greg Fletcher 7616 South Shore Drive Ron Olsen 1140 Willow Creek Street Jim Sommers 8683 Chan Hills Drive No. Evan Vaala 18860 Harrogarb Drive, Eden Prairie Judi, Kelly & Adam Devitt 5246 Clear Spring Drive, Minnetonka Penni Ruben Lakewinds Natural Foods Katherine Roseth Lakewinds Natural Foods Mayor Furlong invited Ron Olsen, Shirley McGee, Jim Sommers, Bill Fouks, and Lee Scholder, members of the Environmental Commission, to join him in handing out the Environmental Excellence Awards to Lakewinds Natural Foods for their use of solar panels, socially- responsible reuse program, storewide recycling, and sustainable practices; Dan Rutledge with City Council Summary - December 11, 2006 Rutledge Construction Company for his use of cooking oil for construction equipment fuel; Shawn Siders and Brandon Mall with K. Hovnanian Homes for their use of energy efficient homes and best management construction practices; and Boy Scout Troop 346 for their storm drainage marking and environmental education outreach project. PRESENTATION OF MAPLE LEAF AWARD TO COUNCILMAN BRIAN LUNDQUIST. Mayor Furlong presented Councilman Lundquist with the Maple Leaf Award for his 4 years of service on the City Council. CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated November 27, 2006 -City Council Verbatim & Summary Minutes dated November 27, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated November 21, 2006 Resolution #2006-89: b. 2005 MUSA Project 06-05: Re-call Public Hearing. c. Approve Street Name Change from Lake Riley Road to Lakeview Road East. d. Approval of City Code Amendments: 1) Chapters 1 & 4 Regarding Fees 2) Chapter 18, Subdivisions Regarding Final Plats e. Custom Fab Solutions, LLC, 7600 Quattro Drive: Site Plan Approval for Expansion to Existing Building. Resolution #2006-90: f. Resolution Approving Adjustment to Engineering Fees. All voted in favor and the motion carried unanimously with a vote of 3 to 0. VISITOR PRESENTATIONS: None. CHANHASSEN HIGH SCHOOL; LOCATED NORTH OF LYMAN BOULEVARD, SOUTH OF THE TWIN CITIES AND WESTERN RAILROAD, AND WEST OF BLUFF CREEK; APPLICANT ANDERSON-JOHNSON ASSOCIATES, INC., INDEPENDENT SCHOOL DISTRICT 112: REQUEST FOR AN INTERIM USE PERMIT TO GRADE THE SITE IN PREPARATION FOR DEVELOPMENT, REVIEW ENVIRONEMTNAL ASSESSMENT WORKSHEET, AND CONSIDER APPROVAL OF A RESOLUTION DECLARING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. 2 City Council Summary - December 11, 2006 Kate Aanenson presented the staff report and Planning Commission update on this item. Mayor Furlong asked staff to elaborate on what precautions are being taken for storm water runoff. Councilman Lundquist asked for clarification on the duration of time to complete the excavation. After council comments the following motions were made. Resolution #2006-91: Councilman Peterson moved, Councilman Lundquist seconded that City Council approve a resolution of Negative Declaration of the Need for an Environmental Impact Statement for the Chanhassen High School Campus. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve an Interim Use Permit to permit grading on the property in preparation of development, plans prepared by Anderson-Johnson Associates, Inc., dated 10-19-06, subject to the following conditions: 1.The 50-scale plans should be revised to clearly depict the wetland boundary and wetland buffer areas. 2.Wetland buffer areas at least 16.5 feet in width should be preserved, surveyed and staked in accordance with the City’s wetland ordinance prior to grading commencing. All wetlands and wetland buffer areas should be protected by silt fence during grading. 3.The applicant should keep the goals set forth in the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP) for the Lowlands Region in mind as a plan is developed for the site and should work with staff to achieve these goals for this property. The Primary Zone boundary and the 40-foot setback should be shown on the plans. No grading is permitted within the first 20 feet of the 40-foot setback. 4.The erosion and sediment control plan should be aimed at minimizing the amount of exposed soil at any given time and preventing erosion of exposed soil. Sediment control (especially perimeter controls such as silt fence) should be viewed as a last resort. The applicant, the contractor and all subcontractors should recognize that one silt fence at the bottom of a large slope of exposed soil will not be sufficient to protect down gradient resources in even moderate precipitation or snowmelt events. To decrease the potential for discharge of sediment-laden water off-site, the applicant should prepare a plan for phasing the grading of the project. In general, the areas within 200 feet of wetlands should be graded first and permanently stabilized as soon as possible. Disturbed areas should be stabilized as soon as possible after grading to minimize the total amount of exposed soil on site. New areas should not be graded until after previously graded areas are stabilized. 5.Sediment & Erosion Control (SWPPP) Note 2.a.2 on Sheet C1.2 states that slopes steeper than 6:1 should be “cat tracked.” The applicant should take extra measures to ensure that this occurs because cat tracking has been shown to significantly decrease the potential for erosion on long, steep slopes. A detail should be provided for cat tracking. 3 City Council Summary - December 11, 2006 6.The haul route between the Construction Staging Area and the Temporary Stockpile Area should be shown on the 50-scale plans. 7.All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of grading in each disturbed area. If practical, a seed and blown-compost mix should be considered in lieu of dormant seed and straw mulch. The plans should be revised to call out erosion control blanket locations and to provide a detail for blanket installation. 8.Chanhassen Type II silt fence should be provided adjacent to all areas to be preserved as buffer (both 16.5-foot wetland buffers and the 20-foot “no grading” zone around the Primary Zone). The silt fence should be installed in overlapping “J-hooks” to break up the sections and provide additional water and sediment retaining capacity. Orange tree protection fence should be installed upslope from the Type 2 silt fence around the wetland between Temporary Sediment Basin No. 3 and Temporary Sediment Basin No. 4 as added protection so equipment operators do not impact the wetland by driving heavy equipment through it. 9.The plans should be revised to include Chanhassen’s standard details where available (e.g., Detail 5300 for silt fence; Detail 5301 for rock construction entrance). It appears that detail 3 on Sheet C1.4 is intended to depict the proposed checks within the temporary drainageways shown on Sheet C1.2. This should be clarified and the checks should be installed as often as is necessary to minimize the velocities of runoff in the drainageways. The plans should be revised to show a minimum 75-foot long rock construction entrance. 10.In lieu of the proposed outlet pipes for the temporary sediment basins, temporary perforated risers and stable emergency overflows (EOFs) are needed; details should be included in the plan. The basins should be properly sized for the watershed areas, according to NPDES requirements (i.e., the basins should provide storage below the outlet pipe for a calculated volume of runoff from at least a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin). The outlet pipes should discharge upstream from the edge of the receiving wetlands and should be stabilized with riprap. 11.In the present design, water is routed into the wetland in the northeast corner of the site instead of into Temporary Sediment Basin No. 4. The grading in this area of the site should be revised to ensure that all discharge from disturbed areas is directed into either Temporary Sediment Basin No. 3 or Temporary Sediment Basin No. 4 prior to discharge into the wetland. 12.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 13.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 4 City Council Summary - December 11, 2006 14.All temporary stockpiles shall be temporary seeded and mulched within 7 or 14 days, in accordance with the NPDES Phase II construction site permit. 15.Rock dissipation shall be installed at all pipe outlets within 24 hours of placement of the outlet pipes. 16.Slope lengths greater than 75 feet shall be broken up with a minimum 12-foot wide bench every 75 feet. 17.A minimum12-foot buffer area shall be maintained between the perimeter control and all stockpiles to provide access around the stockpiles for maintenance purposes. 18.Dewatering activities shall only be allowed after consulting with the on-site city inspector of the project to ensure compliance with the NPDES permit for dewatering activities. 19.Silt fence shall be placed parallel to contours. In locations where silt fence will cross contours, J-hooks shall be installed at 75-foot intervals. Silt fence shall not be staked on site by scaling off the proposed plan, but shall be staked by the survey crew taking shots in the field. The applicant shall contact SWCD staff prior to silt fence installation so staking on site can be reviewed to ensure compliance with this request. 20.Drainage swales and ditch cuts shall be employed during mass grading to maintain a positive flow of stormwater to the temporary basins. 21.During final grading of the site, the height of the berm over the sanitary sewer shall be reduced to the maximum extent practicable, otherwise additional drainage and utility easements may be required. 22.The developer is required to televise the section of sanitary sewer over which grading operations will occur before and after construction to determine if the site grading damaged the pipe. 23.ISD 112 shall be responsible for repairing any sections of sanitary sewer damaged during construction. 24.The developer must place sanitary sewer manhole sections on the existing manhole to bring the top of manhole up to the existing grade. 25.No more than eight inches of rings is allowed on the sanitary sewer manhole.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. 5 City Council Summary - December 11, 2006 AUTOBAHN MOTORPLEX; LOCATED ON THE WEST SIDE OF AUDUBON ROAD NORTH OF TWIN CITIES AND WESTERN RAILROAD; APPLICANT BRUNO J. SILIKOWSKI/G.E. OSMONICS: A. REQUEST FOR REZONING OF THE WESTERN PORTION OF THE SITE FROM AGRICULTURAL ESTATE DISTRICT (A2) TO INDUSTRIAL OFFICE PARK (IOP); B. REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS (UP TO 14) ON ONE PARCEL; C. SITE PLAN APPROVAL FOR 12 BUILDINGS (ONE CLUBHOUSE/MUSEUM BUILDING AND 11 STORAGTE BUILDINGS TOTALLING APPROXIMATELY 150,000 SQ. FT.); AND D. CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR WITH A VARIANCE TO LOCATE THE STORM WATER POND WITHIN THE BLUFF CREEK PRIMARY ZONE. Public Present: Name Address Jon Day 8229 Stone Creek Drive Mark Zitzewitz 1930 Bluff View Court Laurie Tofteland 8325 Stone Creek Drive Bruno Silikowski 3615 Zircon Lane North, Plymouth Kate Aanenson presented the staff report and Planning Commission update on this item. Commissioner Peterson asked about the lack of windows on the club house building. Councilman Lundquist asked staff to point out where the nearest houses would be located in relation to this development. Mayor Furlong asked for clarification on the capacity of the pond. The applicant, Bruno Silikowski clarified the issues of architectural details on the buildings, the distance to the nearest house, screening, hours of operation, wetlands, and security. Mayor Furlong opened the meeting for public comment. Jon Day, 8229 Stone Creek Drive asked for clarification on the conservation easement and noted the biggest concern for the neighborhood is the impact on their property values. Laurie Tofteland, 8325 Stone Creek Drive showed photographs of the views from her property looking at where this project will be built. Mark Zitzewitz, 1930 Bluff Creek Court expressed concern with noise and hours of operation and asked that the City Council consider imposing use restrictions and noise restrictions on this facility. After council questions and comments, the following motions were made. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approvestheRezoningof the western portion of the site from Agricultural Estate District, A2, to Industrial Office Park, IOPAll voted in favor and the motion carried unanimously with a . vote of 3 to 0. 6 City Council Summary - December 11, 2006 Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves Conditional Use Permitfor development within the Bluff Creek Corridor with a Variance to locate the storm water pond within the Bluff Creek primary zone, in conformance with the grading plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: 1.The plans shall be revised to show the correct Bluff Creek Overlay District primary zone boundary. Additionally, the primary zone boundary shall be terminated at the property lines for the subject property because the above description of the primary zone boundary is not an accurate description of the primary zone on adjacent properties. Signage for the Bluff Creek Overlay District shall be posted at least every 300 feet along the primary zone boundary. 2.The applicant shall develop a restoration plan for the upland areas within the primary zone that includes native plants for the Bluff Creek Overlay District. The plant species shall be selected from the Bluff Creek Management Plan Appendix C. The final plan shall be reviewed and approved by the City before installation. 3.The property owner shall dedicate a conservation easement and a drainage and utility easement over the primary zone of the Bluff Creek Overlay District. 4.Chanhassen Type II silt fence shall be provided adjacent to all areas to be preserved as buffer. The silt fence shall be installed in overlapping “J-hooks” to break up the sections and provide additional water and sediment retaining capacity. 5.Erosion control blanket shall be installed on all slopes on site steeper than 3:1. The plans shall be revised to depict blanket locations and shall provide a detail for blanket installation. 6.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed.” All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve of the Conditional Use Permit for multiple buildings (up to 14) on one parcel subject to the following conditions: 1.Development of the two buildings immediately adjacent to Audubon Road shall require a separate site plan review. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve the Site Plan for 12 buildings (one clubhouse/museum building and 11 storage buildings totaling approximately 177,000 square feet of building area), plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: 7 City Council Summary - December 11, 2006 1.Additional windows or doors must be incorporated in the clubhouse eastern building elevation to comply with the 50 percent transparency requirement. 2.Water Resource Coordinator conditions: a.The plans shall be revised to show how the water routed through Wetland Area B will be conveyed to the proposed stormwater pond. b.The plans shall be revised to show only non-exempt wetlands. Wetland buffer areas at least 16.5 feet in width shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance prior to grading commencing. All wetlands and wetland buffer areas to be preserved shall be protected by silt fence during grading. All structures shall be set back at least 40 feet from the wetland buffer edge. c.The plans shall be revised to show the correct primary zone boundary. Additionally, the primary zone boundary shall be terminated at the property lines for the subject property because the above description of the primary zone boundary is not an accurate description of the primary zone on adjacent properties. Signage for the Bluff Creek Overlay District shall be posted at least every 300 feet along the primary zone boundary. d.A conditional use permit and variance shall be obtained prior to alteration within the Bluff Creek Overlay District primary zone. e.Drainage and utility easements over the stormwater pond and areas necessary for pond access (including an easement over the main drive aisle through the site from Audubon Road to the pond) shall be dedicated to the City prior to recording the site plan. The parking areas and drive aisles shall be swept each spring to prevent sand from leaving the site. Documentation of sweeping activity shall be submitted to the City annually. f.The plans shall be revised to include Chanhassen’s standard details for stormwater infrastructure and erosion and sediment control, including 3107, 3108, 3109, 5300, 5301 and 5302A. A detail for the proposed temporary perforated riser pipe shall also be included in the plans. g.A temporary perforated riser and stable emergency overflow (EOF) is needed; a detail shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e., the basins shall provide storage below the outlet pipe for a calculated volume of runoff from at least a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin). The outlet pipe shall discharge upstream from the edge of the receiving wetland and shall be stabilized with riprap. h.Chanhassen Type II silt fence shall be provided adjacent to all areas to be preserved as buffer. The silt fence shall be installed in overlapping “J-hooks” to break up the sections and provide additional water and sediment retaining capacity. 8 City Council Summary - December 11, 2006 i.Erosion control blanket shall be installed on all slopes on site steeper than 3:1. The plans shall be revised to depict blanket locations and shall provide a detail for blanket installation. j.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. k.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. l.A Storm Water Pollution Prevention Plan (SWPPP) shall be developed for the site and approved by City staff prior to issuing a permit. The SWPPP shall include a provision that requires temporary seeding of stockpiles if left exposed for more than 14 days. m.The plans shall be revised to include energy dissipation on all inlets and outlets within 24 hours of installation. n.The plans shall be revised to replace hay bale curbside inlet controls with Wimco-type inlet controls. A detail shall be provided. The controls shall be installed within 24 hours of installation of the inlets. o.All perimeter controls shall follow the City’s specifications. The perimeter controls shall be inspected by the City and the SWCD prior to grading. 3.Fire Marshal conditions: a.Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for exact location of additional hydrants. b.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen city Ordinance #9-1. c.Yellow curbing and no parking fire lane signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and signs to be installed. d.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. e.Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. 9 City Council Summary - December 11, 2006 f.Submit radius turn dimensions to City engineer and Chanhassen Fire Marshal for review and approval. Pursuant to Minnesota State Fire Code Section 503.2.4. 4.Building Official Conditions: a.The buildings are required to have automatic fire extinguishing systems. b.Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c.Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. d.Every building containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer (MSPC 4715.310). No building sewer shall be less than 4 inches in diameter (MSPC 4715.2310). Building drain must be by gravity (MSPC 4715.2430). The distance between cleanouts in horizontal piping shall not exceed 50 feet for 3-inch or less in size and not over 100 feet for 4-inch and over in size (MSPC 4715.1010. 5.Forester conditions: a.All existing boulevard trees along Audubon Road shall be preserved and protected with tree preservation fencing during construction. Any City boulevard tree that dies or is removed will be required to be replaced. b.The applicant shall revise the landscape plan to show a total of 82 overstory trees within the vehicular use area. c.The applicant shall revise the landscape plan to show a total of 23 overstory trees along the northwest property line buffer yard. d.The slope along the Bluff Creek primary zone shall be seeded with an approved native seed mix. e.Plant selections for landscape requirements shall incorporate native species for buffer yard and parking lot landscaping f.Increase the buffer planting along the westerly and northwesterly portions of the site. Buffer may include berming, landscaping or fencing. 6.Engineering Conditions: 10 City Council Summary - December 11, 2006 a.The grading plan must be revised to show proposed pavement grades for the driveway access to the northern office/warehouse. b.The grading plan must show proposed pavement grades. c.Pavement grades must not exceed 10%. d.The private streets within the development must be constructed to a nine-ton design. e.An additional spot elevation must be shown on the south end of the storage building immediately west of the northern office/warehouse to ensure positive drainage. f.Note the proposed rim and invert elevation of the storm sewer located at the driveway intersection south of bore hole location #3. g.The developer must coordinate with City staff to ensure that pond maintenance and emergency vehicles will be able to access the gated area. h.The width of the drive aisle southeast of the pond must be minimum 26 feet wide in addition to the proposed parallel parking stalls. i.If fire code permits, staff recommends that the private watermain be six-inch diameter for water quality purposes. j.The City’s construction observer shall be present for all sanitary sewer and watermain testing to ensure that the proposed connections to the City facilities are in conformance with engineering standards. k.The developer shall pay for the inspection bills and submit a $5,000.00 security to ensure payment of these bills. 7. The retaining wall shall follow the standards for retaining walls incorporated in the subdivision regulations. The applicant shall also investigate the terracing of walls over eight feet in height. (Visibility of the walls to the west is a factor to determine the need for terracing.)” All voted in favor and the motion carried unanimously with a vote of 3 to 0. ADOPTION OF THE 2007 BUDGET AND LEVY. Greg Sticha presented the staff report on the 2007 budget and levy. Todd Gerhardt thanked the City Council members, department heads and city staff for the time and effort put into the budget process. After council comments the following motion was made. Resolution #2006-92: Councilman Peterson moved, Councilman Lundquist seconded to adopt the 2007 budget and levy in the amount of $9,575,778; and Resolution #2006-93: to 11 City Council Summary - December 11, 2006 approve the 2007 CIP as presented. All voted in favor and the motion carried unanimously with a vote of 3 to 0. COUNCIL PRESENTATIONS: ANNOUNCE RESULTS OF THE CITY MANAGER'S PERFORMANCE EVALUATION. After reading the list of accomplishments of Mr. Gerhardt for 2006, the following motion was made. Mayor Furlong moved, Councilman Lundquist seconded to approve increasing Mr. Gerhardt's total compensation in 2007 by 4.5% above that which he received in 2006. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Peterson read an email from Councilwoman Tjornhom thanking Councilman Lundquist for his 4 years of service on the City Council. Councilman Peterson and Mayor Furlong also wished him well. Mayor Furlong provided an update from the National League of Cities conference that he and Mr. Gerhardt attended in Reno, Nevada. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt thanked Councilman Lundquist for his leadership and dedication over the past 4 years. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 9:25 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 12