10-14-1985CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
OCTOBER 14, 1985
MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce;
Ivan Ludeman; Donald Priebe; and,
Michael Sandahl.
STAFF PRESENT: John Cartwright, City Manager;
Clayton LeFevere, City Attorney;
Thomas Ferber, City Clerk; Steven
Devich, Administrative Services
Director; Dennis Kraft, Community
Development Director; Don Fondrick,
Community Services Director; and,
Jean Mitchell, Finance Manager.
The presentation of colors was made by Girl Scout Troop #816.
Mayor Hamilton presented Certificates of Appreciation to the
Troop members.
PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Hamilton at 7:03 p.m.
APPROV L 0 MIN TES
M/Sandahl, S/Bunce to a
Cit Council Meetin of Se
Meetin of g 25 85• and th
9 30 85.
Motion carried 5-0 .
rove the minutes of the regular
tuber 23, 1985; the Budget Heari
SAecial Citv Council Meeting of
Council Member Ludeman stated that the U.S. Swim and Fitness
Center had begun construction of their building addition prior
to widening the 65th Street driveway. He pointed out that the
September 23rd council minutes stated that the council had
stipulated the driveway widening be accomplished first. The
City Manager said he would follow up on this matter.
OPPORTUNITY FOR IT Z NS TO DDRESS'THE ITY COUNCIL
Gary Erickson, 6445 1st Avenue, stated that he felt the walk
phase of the traffic signals at &5th Street and 66th Street on
Nicollet Avenue did not provide sufficient crossing time. Mr
Erickson also inquired about the changes being made to the
traffic signal at 66th Street and Portland Avenue.
1
Council Meeting Minutes -2- October 14, 1985
City Manager Cartwright explained the operation of the walk
signal and how it was timed to provide for safe pedestrian
crossing. The City Manager stated that Hennepin County was
modifying the 66th Street and Portland Avenue traffic signal to•
allow advance left turn movements for southbound 66th Street
traffic to alleviate some of the afternoon rush hour back up.
Item #1 PR TATION 0 A CERT ATE OF APPRECIATION TO ROBER
COLLISON FOR OUTSTANDING COMMUNITY CONTRIBUTIONS.
C.L. 374
Mayor Hamilton presented a certificate of appreciation to
Robert Coilison for his contributions to the Richfield community
in the field of parks and recreation.
Mr. Collison thanked the council for the cooperation and
committment that the city has shown in working with the school
district on various programs.
Item #2 PR SENTA IO A RTIFICA F AP C A ON TO JOHN
HEDDLE, CITY OF RICHFIELD BUILDING SUPERINTENDENT, FOR
RECEIVING "MAINTENANCE MAN OF THE YEAR" AWARD. C.L.375
Mayor Hamilton presented a certificate of appreciation to
Richfield Building Superintendent John Heddle for receiving the
"Maintenance Man of the Year" award from the Minnestoa Ice Arena
Managers Association and expressed the community's appreciation
for his cost saving contributions to the city.
Item #3 PPROVA OF AGENDA
M/Ludeman, S/Priebe that the council agenda be a~~roved .
Motion carried 5-0 .
Item #4 CONSENT CALENDA
A. FIRST AND FINAL PAYMENT FOR REPAINTING LOGAN WATER
TOWER, MAGUIRE IRON, INC. $77,&00.00
B. FIFTH AND FINAL PAYMENT FOR SIDEWALK AND PEDESTRIAN
RAMP REPAIR. MN STATE CURB & GUTTER, INC. C.P. 795
$8,880.93
Council Meeting Minutes -3- October 14, 1985
C. ESTIMATE N0. 1, REPAIR OF SIDEWALKS & L/H/N CROSSWALK
EDWARD WATSON CO. $21,817.17
D. ESTIMATE N0. 1, FOR CP 803 LONGFELLOW AVENUE IMPROVE-
MENTS, CP 803, BITUMINOUS ROADWAYS. $159,906.63
E. ESTIMATE N0. 1, FOR 76TH AND WASHBURN STORM SEWER
DRAINAGE, RICHARD KNUTSON, INC. $82,346.00
F. ESTIMATE N0. 1, FOR 69TH AND LOGAN AVENUE STORM SEWER
ORVADAHL CONSTRUCTION $14,516.00.
G. RENEWAL OF MOTEL LICENSE, THE INN, 7640 CEDAR.
H. RENEWAL OF 3.2 BEER LICENSE,~UNION OIL COMPANY, 601
EAST 66TH STREET.
I. NEW LICENSE - SIX AMUSEMENT MACHINES, CHI-CHI'S
RESTAURANT, 7717 NICOLLET AVENUE.
J. A RESOLUTION CERTIFYING DEFERRAL OF SPECIAL ASSESS-
MENTS FOR CERTAIN ELIGIBLE HOMEOWNERS AGE 65 YEARS OR
OLDER OR TOTALLY DISABLED. C.L. 376
RESOLUTION N0. 7093
RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL
ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD
PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY
DISABLED
K. PURCHASE IN EXCESS OF $5,000 FOR ROCK SALT. C.L. 377
L. REQUEST FROM LYNDALE HARDWARE TO AMEND THEIR
OFF-STREET PARKING PERMIT TO ERECT AN ADDITION TO THEIR
BUILDING. C.L. 378.
M. RESOLUTION CONFIRMING THAT RICHFIELD IS NOT INTERESTED
IN PURCHASING THE TAX DELINQUENT PROPERTY AT 6945 PENN
AVENUE. C.L. 379•
RESOLUTION N0. 7094
RESOLUTION CONCERNING TAX DELINQUENT PROPERTY AT
6945 PENN AVENUE SOUTH.
N. CONSIDERATION OF PLANS AND SPECS, AND AUTHORIZATION TO
BID FOR STORM SEWER IMPROVEMENTS AT NORBY AND WILSON
PONDS. C.L. 380.
M/Ludeman, S/Priebe that the consent calendar be approved .
Motion carried 5-0 .
Council Meeting Minutes -4- October 14, 1985
Item #5 ONS DERATI N OF A V IAN Q EST TO PERM T A BOW
WINDOW TO PROJECT INTO THE REQUIRED SIDEYARD SETBACK AT
6744 SIXTEENTH AVENUE. C.L. 381
City tanager Cartwright reviewed Council Letter No. 381 and
concurred with the Planning Commission recommendation which
recommended approval of the variance request to permit a bow
window to project into the sideyard setback at 6744 Sixteenth
Avenue. The City Manager stated that agenda item No. 19
contained a recommendation which would provide for a
legislative remedy to reduce the number of minor variance
requests such as the one under consideration and those to be
addressed in the following two agenda items.
M/Ludeman, S/Sandahl to close the public hearing .
Motion carried 5-0 .
M/Ludeman, S/Bunce
window to project into
Sixteenth Avenue .
to approve a variance to permit a
the required sideyard setback at
Motion carried 5-0 .
Item #6 CONSIDERATION OF A REQUEST FOR A VARIANCE TO ALLOW AN
ADDITION TO BE CONSTRUCTED TO THE PROPERTY AT 7627
SECOND AVENUE. C.L. 382
City Manager Cartwright reviewed Council Letter No. 382 and
concurred with the Planning Commission recommendation which
recommended approval of the variance request to allow an
addition to be constructed at 7627 Second Avenue.
Eugene Mayerhofer, 7627 Second Avenue, informed the council
that the existing house did not meet the sideyard setback
requirement, or the frontyard setback as mentioned by the city
manager.
M/Bunce, S/Ludeman to close the public hearing .
Motion carried 5-0 .
M/Ludeman, S/Sandahl to a
addition to be constructed to
Secon Avenue .
e a variance to allow an
existing structure at 7
1
Motion carried 5-0 .
Council Meeting Minutes -5- October 14, 1985
Item #7 CONS D RA ON OF A EQUEST FOR A VARIANCE TO ALLOW
CONSTRUCTION OF AN ADDITION TO THE EAST SIDE OF THE
DWELLING AT 6621 LOGAN AVENUE. C.L. 383
City Manager Cartwright reviewed Council Letter No. 383 and
concurred with the Planning Commission recommendation which
recommended approval of a variance request to allow construction
of an addition to the east side of the dwelling at 6621 Logan
Avenue.
M/Bunce, S/Sandahl to close the public hearing .
Motion carried 5-0 .
M/Sandahl, S/Ludeman t
e to allow
t
Item #8 CONSIDERATION OF A REQUEST FOR A VARIANCE TO A MULTIPLE
FAMILY RESIDENTIAL SITE TO PERMIT CONSTRUCTION OF A
MODEL APARTMENT UNIT AT 7620 PENN AVENUE. C.L. 384
Community Development Director Kraft reviewed Council Letter
No. 384 regarding a request by Northwest Unit Investment Co. for
a variance to a multiple family residential site to allow an
addition to the existing Rental Office Recreation Building at
7620 Penn Avenue.
M/Bunce, S/Ludeman to close the public hearing .
Motion carried 5-0 .
M/Ludeman, S/Bunce to approve a variance for the distance
between buildings on a multiple family residential site to allow
an addition of a model apartment unit at 7620 Penn Avenue .
Motion carried 5-0
Item #9 CONSIDERATION OF A REQUEST FROM THE HRA FOR A VARIANCE
TO THE MINIMUM LOT SIZE TO PERMIT THE CONSTRUCTION OF A
THREE BEDROOM HOME AT 7508 COLFAX AVENUE. C.L. 385
City Manager Cartwright reviewed Council Letter No. 385.
regarding a request from the HRA for a variance to the minimum
lot size to permit the construction of a three bedroom home at
7508 Colfax Avenue.
Motion carried 5-0 .
Council P4eeting Minutes -6- October 14, 1985
Council Member Sandahl stated that the lot size 50' x 130'
was not unusual in the city.
Community Development Director Kraft said that the Planning°
Commission and staff are recommending an ordinance amendment
which will change the minimum lot size to 6000 square feet for
that reason.
Council Member Ludeman stated he supported amending the
ordinance as long as a minimum lot width of 50 feet was
maintained.
M/Bunce, S/Sandahl to close the .public hearing .
Motion carried 5-0 .
M/Sandahl, S/Ludeman to a rove a variance to the minimum
lot size to permit the construct on of a three bedroom home at
Motion carried 5-0 .
Mayor Hamilton announced that Agenda Item No. 14 would be
taken out of order at this time.
Item #14 CONSIDERATION OF AN ORDINANCE TO AMEND THE ZONING
ORDINANCE TO REDUCE THE MINIMUM LOT SIZE FOR SINGLE
FAMILY DWELLINGS FROM 6,750 SQUARE FEET TO 6,000 SQUARE
FEET FOR LOTS OF RECORD AS OF JANUARY 1, 1985- C.L.390
`.
City Manager Cartwright reviewed Council Letter No. 390
recommending an amendment to the zoning ordinance to reduce the
minimum lot-size for single family dwellings from 6750 square
feet to 6000 square feet for lots of record as of January 1,
1985.
M/Sandahl, S/Ludeman that this constitute First Readin of
this ordinance amendment an that t e Public Hearine and Second
Reading of the ordinance amendment be scheduled for October 28.
1985 .
Motion carried 5-0
Item #10 CONSIDE ATION OF A ORDINANCE PROHIBITING UNNECESSARY
VEHICULAR ACCELERATION. SECOND READING. C.L. 386
City Manager Cartwright reviewed Council Letter No. 386
recommending an ordinance to prohibit unnecessary vehicular
acceleration.
Council Meeting Minutes -7- October 14, 1985
Gary Erickson, 6445 1st Avenue, asked if violation of this
ordinance would be a misdemeanor.
City Attorney LeFevere explained that it would be a moving
violation which is a misdemeanor.
Council Member Bunce stated that if enforcement of this
ordinance was misused he would favor repeal.
M/Ludeman, S/Bunce to close the public hearing .
Motion carried 5-0 .
M/Ludeman•, S/Bunce that this constitute a Second Reading of
Bill 1985-25. that it be published in the official newspaper an
Item #11 CONSIDERATION OF AN ORDINANCE PERMITTING TEMPORARY OFF-
STREET PARKING OF VEHICLES IN THE FRONTYARD DURING SNOW
EMERGENCIES. SECOND READING. C.L. 387
City Manager Cartwright reviewed Council Letter No. 387
recommending an ordinance to permit temporary off-street parking
of vehicles in frontyards during snow emergencies.
Council Member Ludeman requested that the ordinance
amendment have a provision to allow adequate time for residents
to remove their cars from the yard after the end of the snow
emergency. It was the consensus of the council that the time
factor be included in the ordinance.
M/Ludeman, S/Sandahl to close the public hearing .
Motion carried 5-0 .
M/Ludeman, S/Bunce that this constitute a Second Reading of
Bill 1985-26 that it be ublished in the official news a er and
that it be made par of these minutes .
Motion carried 5-0 .
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Motion carried 5-0 .
Council Meeting Minutes -8- October 14, 1985
Item #12 CON IDER TI N FAN ORDI ANCE TO RE N THE SIT OF
THE FORMER CLOVERLEAF MOTEL AT THE NORTHWEST QUADRANT
OF I35W AND I494 INTERCHANGE FROM C-2 GENERAL '
COMMERCIAL TO PC-2 PLANNED GENERAL COMMERCIAL FOR THE
PROPOSED CDR DEVELOPMENT. C.L. 388
Community Development Director Kraft reviewed Council Letter
No. 388 presenting a comprehensive overview of the CDR
development proposal. Mr. Kraft stated that the information
regarding the PUD plan variance requests, and street dedications
was provided as background and would require action in the
future. He recommended that the council give first reading
to an ordinance to rezone the site at the northwest Quandrant of
I35W and I494 interchange from C-2 General Commercial to PC-2
Planned General Commercial for the proposed CDR Development.
Ron Erickson, Korsunsky, Krank, Erickson Architects Inc.,
reviewed the site plans, traffic circulation, parking layout,
and shadow pattern s of the proposed development.
Mayor Hamilton stated that some residents had expressed
concern regarding the height of the buildings. Council Member
Ludeman asked if a smaller building (such as 16 stories) had
been considered.
Mr. Erickson indicated that the building was designed to be
attracti
e
it
d t
h
th
l
, s
v
e o
ave
e
east impact on the surrounding
area, and buffered from adjacent property. He said the building
was meant to have a visual impact.
Council Member Sandahl stated that there would be little
difference in the impact of a 16 story building versus a 26
story building.
Council Member Priebe stated that he was not concerned about
the proposed height because it was appropriate for this location
on the freeway system. He stated that he was concerned that
this rezoning would be committing the city to expending funds
for the 77th Street improvements prior to approval of the ILN
plan.
City Attorney LeFevere stated that the council was being
asked to approve the rezoning for the CDR plan which does
envision the 77th Street improvements. However, if these
improvements were not approved in the future, CDR would not
build the project.
Council Member Ludeman expressed concern that adequate
parking may not be provided in the plan.
Council Meeting Minutes -9- October 14, 1985
Mr. Erickson stated that the developers would be the first
to be concerned about parking since it would affect the success
of the development and that they are satisfied that sufficient
parking area is provided for in the proposal.
N!/Sandahl, S/Priebe that this constitute First Readin of
this ordinance amendment and hat t e Pub is earina and Second
1
Reading of the ordinance amendment be scheduled for October 28,
1985 .
Motion carried 5-0 .
Item #13 CONSIDERATI N OF A ORDINANCE WHICH PROVIDES FOR: A
PLANNED UNIT DEVELOPMENT; REZONING REQUEST FROM "R"
RESIDENTIAL TO PMR-1 PLANNED TWO FAMILY RESIDENTIAL;
AND, SPECIAL USE PERMIT FOR THE SITE LOCATED AT
NORTHWEST CORNER OF 66TH STREET AND RAE DRIVE. C.L.389
Community Development Director Kraft reviewed Council Letter
No. 389 regarding an ordinance amendment which provides for a
Planned Unit Development, rezoning request from "R" Residential
to PMR-1, Planned Two Family Residential; and a special use
permit for the site located at the northwest corner of 66th
Street and Rae Drive.
Council Member Ludeman asked if the drainage concerns of the
property owners to the north of the proposed development had
been addressed.
Bruce Nordquist, Housing Specialist, explained that
modifications to the elevation of the site will drain surface
runoff water to 66th Street.
M/Ludeman, S/Sandahl that this constitute First Reading of
this ordinance amendment and that the Public Hearin and Second
Reading of the ordinance amendment be schedules or October 28i
1985
Motion carried 5-0 .
M/Ludeman, S/Sandahl to a
reduce the recreational/open.
uest to
1
Motion carried 5-0 -
Council Meeting Minutes -10- October 14, 1985
Item #15 CONSID R I IT AFF R OMM N ION APPRO E
PLANS AND SPECIFICATIONS AND AUTHORIZATION TO TAKE BIDS
FOR LEGION LAKE DREDGING PROJECT. C.L. 391
City Manager Cartwright reviewed Council Letter No. 391
recommending that the council approve the plans and
specifications for the Legion Lake dredging project and
authorize the advertisement for bids. The city manager also
reviewed the cost estimates for the six phases of the Legion
Lake Master Plan.
Council Member Ludeman asked what the city's prospects were
for obtaining state grants for the Legion Lake development.
Community Services Director Fondrick responded that the city
had been very successful in the past and would aggressively
pursue the grants.
Item #16 RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD SCHOOL
. DISTRICT FOR THE INSTALLATION OF CERTAIN FIRE
PROTECTION FACILITIES ON SCHOOL DISTRICT PROPERTY TO
BE PAID FOR BY SPECIAL ASSESSMENTS. C.L. 392
M/Sandahl, S/Ludeman to
authorize the advertise
ecifications
City Manager Cartwright reviewed Council Letter no. 392
recommending that the council pass a resolution accepting a
petition for special assessments and, authorizing a memorandum
of agreement between the City of Richfield and the Richfield
School District for the installation of fire protection
facilities on school district property to be paid by special
assessments and authorizing construction of the project.
Council Member Bunce noted that this would allow the school
district to fund this project without holding a referendum for a
bond issue or increasing their mill rate.
City Attorney LeFevere stated that this action would. provide
a definite financing mechanism to proceed with the installation
of the required fire protection improvements.
1
Motion carried 5-0 .
Council Meeting Minutes -11- October 14 ,1985
MiSandahl, S/Bunce that the followin resolution be ado ted•
that it be s read in the resolution book and t at it be made
part of t ese m nutes
RESOLUTION N0. 7095
RESOLUTION ORDERING CERTAIN FIRE PROTECTION FACILITIES TO
BE CONSTRUCTED ON INDEPENDENT SCHOOL DISTRICT 1V0. 280
PROPERTY, APPROVING THE PLANS AND COST ESTIMATES AND
AUTHORIZING CONSTRUCTION BY THE DISTRICT
Motion carried 5-0 This resolution appears as Resolution
No. 7095 in Resolution Book No. 53.
Item #17 ONSIDERATION OF A RESOLU ION PROVIDING FOR THE
ISSUANCE AND SALE OF $1,940,000 GENERAL OBLIGATION '
IMPROVEMENT BONDS OF 1985. C.L. 393
City Manager Cartwright reviewed Council Letter No. 393
recommending that the council pass a resolution providing for
the issuance and sale of $1,940,000 General Obligation
Improvement Bonds to provide permanent financing for the 1984
and 1985 alley paving, RSA storm sewer, and the Richfield School
District sprinkler system projects.
M/Sandahl, S/Bunce that the following resolution be adopted;.
that it be s read in the resolution book and that it be made
part o these minutes
RESOLUTION N0. 7096
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$1,940,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985
Motion carried 5-0 This resolution appears as Resolution
No. 709 in Resolution Book No. 53.
Item #18 CONSID RA IO a A EQUE T FRO B OOMINGTON HOND F R
A REVISED OFF-STREET PARKING PERMIT TO EXPAND A
BUILDING WITHIN THE ILN BUILDING MORATORIUM AREA.
C.L. 394
City Manager Cartwright reviewed Council Letter No. 394
regarding a request from Bloomington Honda for approval of a
plan change to allow the expansion of a building within the ILN
Building Moratorium area.
Council Meeting Minutes -12- October 14, 1985
City Attorney LeFevere reviewed the provisions of the
moratorium ordinance and the options the council has in dealing
with this request. The City Attorney stated that the council
could: 1) Amend the moratorium ordinance~to exclude this
property; or, 2) Ask Bloomington Honda to wait until after the
moratorium has expired.
Council Member Sandahl noted that it would be less expensive
if the addition could proceed now during the construction of the
new building on the site. He asked if there was anyway that the
council could allow the builder to proceed by action tonight.
City Attorney LeFevere stated that the only legal method to
allow the addition would be to amend the moratorium ordinance.
He explained that this would take approximately two months
because of the public hearing and publication requirements.
Council discussion followed regarding the necessity to amend
the special use permit in addition to amending the moratorium
ordinance to allow this plan change.
Dick Krumm, architect for the project, appeared in support
of allowing the building to proceed and stated he felt it was
only a modification of the approved plan and should not be
considered under the moratorium. He stated he needed the
approval at this time to complete construction during good
weather and that waiting two months may delay the addition until
next spring. A representative of the builder for the project
questioned why the council had approved the enclosure of the
write-up area on the consent agenda in May, 1985, but could not
approve this change.
Council discussion followed regarding allowing the builder
to leave this portion of project unfinished and still allowing a
temporary occupancy permit for opening in January 1986. The
City Manager indicated this could be done.
Council Member Priebe requested that the city manager inform
the council by memo as to what the assessed valuation of this
property was before and after the Bloomington Honda project.
M/Ludeman, S/Bunce to. instruct the cit attorne to re are
an ordinance amendment for First eadin at the October 28 985
council meeting which wil remove the Bloomington Hond~roperty
fro=m~he ~LN Building Moratorium area
Motion carried 4-1 (Priebe opposed)
~_~
Council Meeting Minutes -13- October 14, 1985
Item #19 CO ID RA ON OF F RE ENDATION TO THE
PLANNING COMMISSION TO CONSIDER AMENDMENTS TO THE
ZONING ORDINANCE TO REDUCE THE NUMBER OF MINOR VARIANCE
REQUESTS. C.L. 395
City Manager Cartwright reviewed Council Letter No. 395
regarding a staff recommendation to the Planning Commission• to
consider amendments to the zoning ordinance to reduce the number
of minor variance requests. The city manager stated that since
writting Council Letter No. 395 he learned that the Planning
Commission is considering these amendments and, therefore, no
council action is required at this time.
Item #20 CONSIDERA ION 0 A COUN L-STAFF COMMITTEE RE OMM ND -
TION ON THE SELECTION OF AN AUDITOR FOR THE FISCAL
YEARS 1985 THROUGH 1989. C.L. 396
City Manager Cartwright reviewed Council Letter No. 396
regarding a Council-Staff Committee Recommendation to select the
firm of Deloitte, Haskin & Sells as the auditor for the city for
fiscal years 1985--1989.
Council Member Bunce said he supported selecting a local
Richfield firm as auditor.
Clifford Hoffman, Deloitte, Haskins & Sells, stated that 8
of the firm's employees were residents of Richfield.
M/Sandahl, S/Priebe to award the auditin en a ement for the
fiscal years 1985-1989 to De oitte, Haskins and Sells, and that
the city manager be authorized to pre are and execute an
Agreement for Auditing Serv ces as recommended in ouncil Letter
o. 39b .
Motion carried 5-0 .
Item #21 C U IL DISC SS N ITEMS
None
1
Council Meeting Minutes -14-
October 14, 1985
Item #22 CLAY A D PAYR LLS
M/Ludeman, S/Bunce t_h_at the following claims and a rolls be
approved
RICHFIELD BANK AND TRUST
Checks 6291/6365, 79112/79446
FIRST WESTERN BANK
Checks 2527/2583
Checks 4846/5211 10/3/85
MIDWEST FEDERAL
Check 1019
Motion carried 5-0 .
ADJO RN ENT
General $1,486,314.79
General $1,214,767.34
Payroll $ 252,519.61
$ 20,000.00
M/Ludeman, S/Bunce that the meeting. ad'ourn .
Motion carried 5-0 .
The meeting was adjourned 9:
Date Approved: 10/28/85
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City Cierk
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