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HomeMy WebLinkAboutCCMin_67Apr132535 REGULAR MEETING OE APRIL 13, 1967 The meeting was called to order at 7s00 P.M, with the following members presents Mayor Nilsen, Councilmen Warkentien, Stone and Black. Absent: Clerk Strandquist. Also present were Engineer Lemberg and Attorney Kyle. Minutes Stone moved, seconded by Nilsen that the minutes of the meeting of March 23, 1967 be approved. Ayes A11. Nays: None. Motion was carried. Correspondence: Ramsey County Letter dated April ~., 1967 from the Ramsey County League League of of Municipalities advised that formation of Solid Waste Municipalitiess Disposal Study Committee is being formed. Nilsen moved, seconded by Warkentien that councilman Black be appointed to serve on this committee. Further moved that Engineer Lemberg be appointed to serve on this committee. Ayes: A11. Nays: None. Motion was carried. West Side Board of Ramsey County Commissioners at meeting of Skating Arena: April 3, 1967 moved that County Engineer be authorized to retain services of Alfred Schroeder as consultant engineer to estimate the cost of the alterations nec essary to convert the State Fair Hippodrome into an ice arena. Fire Chief Fire Chief Al Helbig presented report dated April 1l~, 1967. Reports Stone moved, seconded by Black that village council authorize payment of $~80 for registration of four men Minnesota to the Minnesota State Fire School which will be held State Fire the first week in May. Further moved that provisions be School: made for paying $15.00 per day to each of the four men in attendance each day. Ayes: All. Naysa None. Motion was carried. Purchase of Stone moved, seconded by Warkentien that Fire Department wire for light be authorized to purchase 100 feet of #10-3 wire for the plant: new light plant, at an approximate cost of X35.00. Ayes: All. Nays: None. Motion was carried. Course on Initial Stone moved, seconded by Warkentien that Volunteer Fire Emergency Care and Fighter Vainovskis be authorized to attend the Fif th Transportation of 3-Day Advanced Practical Course on Initial Emergency Care the sick and Injured: and Transportation of the Sick and Injured which began today. This authorization includes payment of X1.5.00 daily consideration for each of the three days of th e course. Ayes: All. Nayss None. Motion was carried. Idaho-Snelling Playground Back Stop requesteds HEARING Klatt Addition No. 2 and Northeast WaterMain Installation: James McGuire of 1529 Iowa Avenue was present regarding erecting a back stop on the northeast corner of the Idaho-Snelling playground. Warkentien will meet with Jim Jernberg, Frank Ma~erus and McG~ire to discuss further. Mayor Nilsen opened the Public Hearing which was held pursuant to resolution of the Village Council adopte d the 9th day of March 1967, to consider the making of improvements by construction of street, sanitary sewer 2536 xE~TNG Klatt Addition and watermain extension on proposed Sheldon Street No. 2 and (more particularly described in proposed Klatt Northeast Addition No. 2) and construction of watermains WaterMain along the westerly edge of Hamline Avenue between Installations Garden Avenue and Roselawn Avenue. Official Notice of Hearing was read. Mayor called upon Engineer Lemberg to explain the engineering features of the improvements, after which the following questions were raised by interested persons. Mrs. Dilger How big pipe is to be used? Answer: Six inch. loll Hamline Avenue The people who are having trouble, the ones connected to the three inch main closer to Larpen teur on Hamline avenue - they are not going to be benefitted now? Answer: No. Mrs. Walter How about our driveways -are they go in €` to be torn 1807 Hamline Ave. up and do we have to experience another su~runer like the last one? Lembergs That is your choice. If you want, we will put it down the back property - we'll have to negotiate an agreement with the school district to go that way. Mrs. Walter: There is a red flag in the front of my property now. What does this mean? Lembergs I had a survey crew out there and Z wouldn't want them to dig anything up when construction is started. The red flag means there is a man hole there. Mrs. Dilgers As long as it was said that we couldn't possibly go through the front, why wouldn't it be much cheaper to bring it in the back - our worries would be much less - no sod, no torn up driveways, etc. Lembergs A six inch main and seven foot coverage is necessary. The cost is approximately the same, but to bring it into your property line would be a bigger expense. Another consideration is where the plumbing is located. in each house. Tt was stated that plumbing is in the back of existing homes except for J. Danielson's at 1835 Hamline Avenue which is in the front. Lembergs The cost both ways is about the same. To bring it in the front, we have to obtain permits and construction easements. In the front the machines would have to go up on your front lawns. Danielsons How about time involved? What is the difference between storm sewer and water - as far as time? Answer: It is a lot shorter time involved. 1 1 'J 253 7 Lemberg: As far as the area north of Ruggles, it could either go up the street or up the back lot-line. Where the service line is wouldn't make very much difference__there. There is no • mid-block hydrant anticipated. Walter: Is there a particular reason for picking up the main there at Albert and Roselawn? Lemberg: We trx to stay away from as many dead-end lines as possible. This way it gets tied in up there and also if we ever grant to loop across from Sheldon and Hemline - so any time there is a break, it_would make it easier because not as many people would be without water while repairs were under way. I would rather get easements from the school alone and brings stubs up to the property line. Walter: A point - school ground is still below catch basin - maybe that could be raised up. Councilman Stone asked if everyone present ware in favor of this improvement. Answer was unanimously 'yes'. Lemberg: i~ith the Klatt property coming up .for development, it makes this improvement so much more attractive price wise, because included in this, ~qr. Klatt has requested sanitary sewer for his area, so it will a~.1, be let in one contract. Mr. Danielson was informed that if he has a faucet in the back.end of his house `that he could hook onto that. There was a short discussion about sewer rental charges. Walters On this over-all plan, where do we sit relative to the water system - is it a dead-end? Where does the water come from or where are we going to get ,water from? Lemberg: From Larpenteur Avenue - it goes up Holton and around. We want to tie this in - it will be looped and tied in at both ends. As far as pressure - the Fire Underwriters check the pressure, and as you know, fire insurance rates in this village are good. Mrs. Dilger: How long will this take? Lemberg: If it is ordered tonight and plans will be done in another week, and a half - I would say by the end of I.~ay they should be working on it. We hope to have the whole thing done by ` mid summer. The only problem we may have is the school board and easements from Pothen and Klan for going down the back - also we will have to work out hydrant spacing - cannot put the hydrant in the back. Hut on the whole, this should bring in a better bid - going down the back instead of the front because of the congestion in the front on Hemline. It may, however, be best to go up the front from Ruggles north to Roselavm. It probably won't be too much of a problem on Pothen's property t© go up-the front. 2538 It appeared that everyone was in favor of project and engineer has agreed to notify people as to whether or not it can go in the back. Regarding Sheldon Street Improvements and Klatt Development Mayor Nilsen explained. that same has been. fully covered. question was raised as to the street on Sheldon and if the concrete curb and gutter will involve l~zggles Avenue. Answer was that curb and gutter will end just around the corner on Sheldon and. Ruggles. It was explained that installation of curbs and gutters is made only after petition is received by the council. Regarding Hemline Avenue, the County has jurisdiction and if Hemline is up-graded, the curb and gutter probably will have to go in. Part of that cost will be taken up by the County. Also 3F, Hemline is up-graded, normally the only cost assessed is for curb and gutter. In answer to Roy Klatt's question, he was advised that sodding of the boulevard is not included in project, nor is planting of trees on the boulevard. A list of suitable trees is on file in the clerk1s office and. home-owner may determine where tree is to be planted. by consulting with Dr. C. Gus Hard. Resolution Ordering Improvement and Black introduced the following resolution and moved its Preparation of adoption: Plans Klatt Addition WHEREAS, a resolution of the Village COUncll of ~2'and Hemline Falcon Heights adopted the 9th day of L'farch, 1967 fixed Avenue Y~'ater a date for a council hearing on the proposed construction I~Zain: of Sheldon Street from Roselanm Avenue to Ruggles and between Albert Street and Hemline Avenue, as more particularly ' described in proposed Klat~ Addition #2, consisting of grading, base bituminous surfacing, concrete curb and gutter, and sanitary sewer and construction of WaterT~ains along said proposed Sheldon Street in proposed Klatt's Addition #2, and along the westerly edge of Hemline Avenue between~Garden Avenue and Ros~ylawn Avenue together with all necessary connections and appurtenances to the existing water systems in the Village, and WHEI'~EAS, ten dayst published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 13th day of April, 1967 at which all persons desiring to be heard were given an opportunity to be head thereon NCW, THEREFQRE, BE IT R}~OLVED BY THE COUNCIL OF the Village. of Falcon Heights z 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 9, 1967. 2. Bonestroo, Rosene', Anderlik and Associates are hereby designated as the engineers for this improvement. They shall prepare plans and specifications for the X539 malsin.g of such improvement. C~ Adopted by the Council this 13th day of April, 1967. The motion for the adoption of the foregoing resolution was duly seconded by Stone and upon a vote being taken thereon, the following voted in favor thereof: Nilsen, Warkentien, Stone and Black and the following voted against ,the sames None. Whereupon said resolution was duly declared passed and adopted., Acceptance and Black introduced the following resolution and moved its Approval of adoptions Final Plat - Klatt~s Addition ti~-IEREAS, Roy P. Klatt, administrator for the Estate of No. 2t ~ Conrad R. K1 att, deceased, has presented a plat known as Klattis Addition No. 2, to the Village Council of Falcon Heights, and W[3ER.EAS, the Village Council of Falcon Heights has referred said plat to the Planning Commission of said Village and WHE?~EAS, said Planning Commission has approved the acceptance of said plat to the Village Council, 1 Nett, THEREFORE, BE IT RESOLVED that the Village Council of Falcon Heights hereby approves the plat of K1.att~s Addition No. 2, Falcon Heights, Ramsey County,. Minnesota as submitted to the Council on April 13, 1967 and hereby authorizes the Mayor and Clerk of said Village to execute said. plat. The motion for the adoption of the foregoing resolution was duly seconded by Stone and upon a vote being-taken thereon, the follow:i.ng voted in favor thereof: Nilsen,. Warkentien, Stone and Black and the following voted against the same: None. ghereupon said resolution was duly declared passed and adopted. The Hearing on proposed construction of Sheldon Street and Hamline Avenue 1~'atermain was concluded and adjourned. J HEARING Improvement of At 9:00 P.M. Mayor Nils en opened Public Hearing for Arona Street from considering improvement of Arona Street from Larpenteur Larpenteur to Avenue to Cal ifornia Avenue_by the installation of sidewalks, California Avenueseurb and gutter, and street improvements. Official notice of -Sidewalks, Curb Hearing ryas read. Engineer Tdemberg explained engineering and Gutter and features of the improvements. Street Improve~- manta: The on~.y person present was Don Julep representing the Stepnitz Agency and Cohen Properties. Julep: The only question I have is - this project is stopped at California and is not going further south. Are we planning 25J~o an opening at California Avenue? Answer was yes. I assume that this opening is similar to the other curbs and ramps, etc.? As T see it, you have worked very hard and are willing to spend a lot of money and I cant in any way buck this thing. We will be willing to pay our part of this. On the east side., the people will have to pay for their curbing and that is all. Will this go on the assessment rolls? Lemberg= Yes, for five year period. Julen: There will be no ma8e head-in parking between the alley and Larpenteur Avenue. Northern Stags Power is willing to sell. that property where the power... plant was, and it is novr merely a matter of price. Further, we think we have people who will buy that piece of land and. trade it for part of the land further south here, which would be more ~seLlable.' If we cannot put an alley in to the exit, then maybe this land further south could be built up as a multiple family dwelling and also could be used as a buffer. I already have forms for conditional use for this p~rrpose. I cant see where we can buck this improvement. A few individual merchants are not too happy about the tno left turnst off Larpenteur Avenue. About parking problems, the ones that complain the most have their own cars parked right in front of their doors. Resolution Ordering Stone introduced the following resolution and moved its Improvement and adoption: Preparation of Plans Arona Street WHEREAS, a resolution of the village council adopted the from Larpenteur Ave. ninth day of P6arcb, 1967 fixed a date for a council hear ing to California Ave. on the proposed improvement of Arona Street from Larpenteur by Installation of Avenue to California Avenue by the installation of sidewalks, Sidewalks, Curbs and curbs and gutters and street improvements, and Gutters and Street Improvements: WHI~?F.AS, ten daysr published notice of the hearing through two vreekly publications of the~requised notice was given and the hearing was held thereon on the 13th day of April, 1967 at which all persons desiring to be heard were given an opportunity to be heard. thereon NU@fT, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF Falcon Heights 1. Such improvement is hereby ordered as proposed in the Council .resolution adopted Rltarch 9, 1967. 2. Bonestroo~ Rosene, Anderlik and Associates are hereby designated as the engineers for this improvement. They shall prepare plans and specifica"bons for the making of such improvement.. Adopted by the Council this 13th day of April, 1967. The motion for the adoption of the foregoing resolution was duly seconded by Black and upon a vote being taken thereon, 251.1. the following voted in favor thereof: Nilsen, Warkentien, Stone and Black and. the following voted. against .the same: None. Z`~hereupon said resolution was duly declared passed and adopted. Don Ju1en advised that ti}pith regard to the parking lot, things are going along well. They do not have a choice, he said, they have considered improvements of lighting, parking and already have installed different lights in the parking area behind the~bu~inesses and intend to improve it further. The Hearing on improvement of Arona_Street from Larpenteur Avenue to California Avenue was adjourned. Parking during Barney Johnson, 1524TH. Ic~ra Avenue was present and. made State Fair~6Yeek: request for council action to restrict parking on one side of the street in the Northome area during State Fair j~deek. I+,fr. Johnson~s questions regarding Arona and Larpenteur_ Avenue Improvements were referred to Lemberg. Larpenteur P~ganor A. L. Rubinger represenfiaag Larpenteur i~:~anor, Inc. , the otivner Apartments - of the former Killmer Property was present and submitted A. L. Rubinger: variances and conditional use permits for the councilts consideration. After discussions Black introduced the `° following resolution and.maved its adoptions ~HER.aAS, Larpenteur Manor, Inc., the owner of the following described real estates.. The E 20 rods (330.0 f t. ) of the 1V~f 1/4 of Section 21, Township 29 N, Range 23 W, except the southerly 630 feet thereof and subject,to Larpenteur Avenue has made application to the Village Council for two variances and two conditional use permits, as more particularly set forth in the applications which are on file in the Clerk's Office and made a part hereof by reference, and _ WHEREAS, said applications have been referred to the Planning Commission for study and recommendation, and WHEREAS, said applications have been referred to the Village Engineer for study and recommendation, and W~iEREAS, the Planning Commission by letter dated April 12, 1967 (copy of which is on file in the Clerk's Office and made,a part hereof by reference) has recommended the approval of each _of said applications, and WHE " ~ the Village Engineer has made a favorable recommendation as to each application, N06I, THEREFORE, BE IT RESOLVED as follows: 1. It is hereby found, determined and declared that 2~?~2 the proposed use of the property, as set forth in the conditional use applications, will not be detrimental to the health, safety or general welfare of the Village and that said use is in harmony with the general purpose and intent of Ordinance°Pdo. b~, and the same are hereby granted. 2. It is hereby found, determined and declared that the proposed variances will not impair or will not adversely affect the health, safety and welfare of the Village and are in the best interest of the Village and are hereby granted. The motion for the adoption of the resolution was duly seconded by Stone:.~and upon a vote being taken thereon, the following voted in favor thereof: Nils en, Black, Stone and Warkentien and the following voted against the same; None. t~llaereupon said resolution was duly declared passed and adopted. Council approves Nilsen introduced the following resolution and moved its issuance of adoption: building permit to Larpenteur WHEREAS, Larpenteur tH4anor; Inc. has made application Manor, Ines to the Village. Council of Falcon Heights for a building Only after Perini-t to erect four apartment houses, each consisting of final plans 36, units, on the property described in the foregoing are approveds resolution, and .WHEREAS, the Village Engineer and Village Attorney .have reviewed the proposed plans and drawings prepared and submitted by said applicant, and 1~~iEREAS, the Village Council has approved conditional uses and variances presented to the Council on April 13, 1967 by said applicant NCRV, 'I'HEREE'ORE BE IT RESOLVED by the Falcon Heights Village. Council that the Village Building Inspector may issue the necessary building permits to the Larpenteur Manor Inc. as per Preliminary Plans dated February 28, 1967 and signed by George Kolinsky, Reg. No. 5l~09, only after final specifications .and plans are approved by Council. The motion for the adoption of the resolution was duly seconded by~6Varkentien and upon a vote being taken thereon, the following voted in~favor thereof: Nilsen, Warkentien, Stone and Black and the following voted against the same: None. Whereupon said resolution was duly declared passed and adopted. Snelling-Idaho Engineer Lemberg's letter under date of April 11, 1967 Ponding Area! addressed_to E. J. McCubrey, District Engineer, Minnesota Highway Department, in part asked if the State would participate in construction cost of a force main pipe line from the Snelling-Idaho Storml~later Ponding area to the existing storm sewer on Hoyt Avenue. 253 Abated Assessments- Falcon Heights Congregational Church Property in Barthel Villas Sanitary Sewer Improvement 1957 Stone introduced the following resolution and moved its adoption: ~YHEIZEAS, on August 15, 1957, the Council adopted an assessment roll for Sanitary Seer Improvement No. 1, and assessed Lots 1~., 15, 20 and 21, Block 1, Barthel Villas, in the amount of X672.00 each; and WI-TER:EEAS, on February 26, 1959, the Council reassessed each of said lots and removed the amount of said assessments from the assessment ,roll of the County because building permits would not be granted for said lots, with the under- standing that said lots would. be reassessed in the same amounts as originally assessed when conditions changed so as to make available building permits available to the owners of said lots; and VVfTEREAS, the construction of the Northeast Storm Sewer Project has made possible the full and beneficial use of said lots; N6i~, THEFtEE~'ORE, BE IT RESOLVED by the Village Council of Falcon Heights as follows: 1• The Council shall meet. at 8:00 P.M. on Thursday " T+itay 11, 1967 at the Village Hall, 161~~. 1~Yest Larpente ur Avenue to consider the reassessment of Lots 14, 15, 20, and 2l, Barthel Villas. 2. The Council hereby adopts as a proposed reassessment roll for said lots the following: a) Lot 1t~ - X672.00 b} Lot 15 -- X672.00 " c) Lot 20 - X672,00 d) Lot 21 - X672,00 The Clerk is directed to cause notice of Hearing to be published according to law, and to mail a copy of said Notice of Hearing to the record owners of said lots. The motion for adoption of the foregoing resolution was seconded by LlLack and upon a vote being taken thereon, the resolution was unanimously adopted. Waterb2ain Stone introduced the follo~Ying resolution and moved its Improvement adoption: of 1960 - No. 1: ~VHERia',AS, on October 17, 1960, the Village Council adopted the assessment roll for the ~fatermain Improvement of 1960, No. 1; and 1+~~tiEAS, Lots 20 and 2I, Block 1, Barthel Villas, were omitted from assessment roll because of, the inability of the owners of said lots to then make use of the same for building purposes; and 25.4 ~'+>~iEREAS, the construction of the idortheast Storm Surer Project has made possible the full and beneficial use of said lots; NOW, THEI~EE'0,'~E, BE IT RESOLVED BY THE VILI+AGE COUI~iCIL of Falcon Heights,. I+tLi.nnesota: _ 1. The Council will meet at 8:00 P.M. on Thursday day 11~ 1967 at the Village Hall, lbt~l~ lhfest Larpenteur Avenue to consider the supplemental assessment of Lots 20 and 21, Block 1, Barthel Villas. 2. The Council hereby adopts as a proposed supple- mental assessment roll for said lots the following: a) Lot 20 - X551.25 b) Lot 21 - X551.25 ~Sunicipal State Aid Streets - Engineering and Technical Services from Highway Dept: 3. The Clerk is directed to cause Notice of Hearing to be published according to law, and to mail a copy of said Notice of Hearing to the record owners of said lots. The motion for adoption of the foregoing resolution was duly seconded by Black and upon a vote being taken thereon, the resolution was unanimously passed and adopted. After discussion, Warkentien introduced the following resolution and moved its adoptions BE IT RL'.50LVED, that pursuant to statutory authority, the Village Engineer, for and on behalf of the Village of Falcon Heights, is hereby authorized. to request and obtain fram the LLinnesota-Department of Highways, needed engineering and technical services during the year of 1967 for which payment ~~rill-be made by the Village upon receipt of verif ied claims from the Commissioner of Highways. 2~~otion was seconded by Stone end upon a vote, the rosolution was unanimously passed and adopted. After discussion,'~tarkentien introduced the following resolution and moved its adoption: Resolution ti'tfIERi;A.5, the Commissioner of Highways of the State of Authorizing Exe- Ma.nnesota has submitted to the Village Council for cution of execution an agreement relating to restriction of parking Agreement bets°reen on those streets and avenues v~herein r~7unicipal State Aid Village of Falcon Funds are used in improving said streets and avenues, Heights and Comm. of Highways t N~7, THE~iI,'FOR;, BE IT RESOLVED by the Council of the Village of Falcon Heights that the ~~ayor and Village Clerk are hereby authorized and directed to execute for and on behalf .of and in the name of the Village of Falcon Heights an agreement between the Village and the Commissioner of Hi~~ways wherein the Village agrees to restrict parking to one side of Arena Avenue between Larpenteur Avenue and California Avenue. 1 1 C 25t~5 AGREEI4~NT relating to parking restrictions on ~~~AP 101 from arpenteur Avenue to California Avenue in the Village of Falcon Freights, Minnesota. ~~ THIS AGRI;EP~NT-, made and entered into this 13th day of April 1967 by and between the Village of Falcon Heights in Ramsey County, Minnesota, and the Commissioner of Highways State of fl~innesota-..The b2unicipal corporation shall herein- after be called. the rVillager and the Commissioner of Highways o-f the State of +T' nnesota, hereinafter shall be referred to. as the rCommissionerr ~+dITNESSETH: ~1,~3ERF~S, the Village has planned the improvement of Arona Avenue from-Larpenteur Avenue to California Avenue, and WI-iER~;AS, ,the Village will be expending Municipal State Aid Funds on the improvement of said street, and ~~-IEP~EAS, said improvement does not conform to the approved minimum standards as previously adopted for such 1+~Funicipal State Aid Streets and that approval of the proposed construction as a Municipal State Aid Street Project must, therefore, be conditioned upon certain parking restrictions, and Z'JHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Ddunicipal State Aid Project in the Village has been determined, N04J, THEREFOFtF, TT TS HEREBY AGREID by and betwreen the parties hereto as followss That the Village shall restrict the parking to motor vehicles on one side of Arona only at all times unless herafter authorized in writing by the Commissioner. The motion for adoption of the foregoing resolution was duly seconded by Stone and upon a vote being taken thereon, the resolution was unanimously passed and adopted. Street 5weeping3 Nilsen moved, seconded by 'i~arkentien that the Village Engineer be authorized to negotiate with rltike McPhillips for the beat possible price and job of sweeping the village streets, Ayes: All, Nays: None. Motion was carried. Billss Stone moved, seconded by Warkentien that the following bills be paid. Motion was carried. Salaries for first 1/2 April -including volunteer firemen month of T~~garch 1,393.95 St. Paul Book and Stationery -office supplies 5.70 Artcraft Press -financial statement copies 3l~.00 Ramsey County Suburban Life -legal notices and printing financial statement 263,10 Bonestroo, Rosene~ Anderlik & Assoc. Eng. Serv. 21.00 n it ti b n 166.50 She11. Oil Company - gas & oil truck 26.00 25i 6 Adjournments Thorne Coal and Oil Co. -fuel oil 109.x.7 R. A. Myers and Co. -towels & floor cleaner 23.50 Miller Supply Ca., Inc. -rags 3.50 Minn. Fire Extinguisher Co., Inc. Eating. rechg. 10.50 ri n -r rr Fire Dept. apparel 21.55 Carnes Stamp Co. - badges..for FD 28.75 Smoke Eater -.subscriptions for.FD 28.00 St. Paul Overall Laundry - laundry 12.60 American Linen Supply Co. `f 7.77 2+~innesota_Onan Corp. - generator FD 33.00 B and E Patrol - dog control I1larch x.5.25 Pennig Asphalt Co. - street mix 70.70 Falcon Heights Hardware purchases tv7arch 38.53 Vdarning Lites of Minn. -flasher warnings 22.x.0 At. S. P.. - lighting March 610.28 Inter City Printing -letter printing 22.I~5 State Treasurer - PERA 15..20 Upon motion the meeting was adjourned at 11:lt5 P.1+~'i. Approve 1 Signed ;' ag e A rf yor 1