HomeMy WebLinkAbout09/27/1999 Council Minutes•
COUNCIL MINUTES SEPTEMBER 27, 1999
CITY OF LINO LAKES
MINUTES
DATE : September 27, 1999
TIME STARTED : 6:34 P.M.
TIME ENDED : 10:02 P.M.
MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan
MEMBERS ABSENT : None
Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan
Tesch; City Attorney, Bill Hawkins; Engineer, John Powell; Community Development Director,
Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Public
Services Director, Rick DeGardner; Sergeant Kent Stregge (part); City Clerk, Ry-Chel Gaustad;
and City Clerk -Treasurer, Marilyn Anderson
Mayor Sullivan reconvened the City Council meeting at 6:34 p.m.
SETTING THE AGENDA
Item 5H, Damages on Lake Drive, was added to the age
Item 5I, Resolution No. 99 - 91, Receive bids an
Utility Extension, was added to the agend
The amended agenda was approv
CONSENT AGENDA
Council Member Dahl
Neal seconded the moti
onstruction Contract, 77th Street
pprove the Consent Agenda, as presented. Council Member
tion carried unanimously.
ITEM ACTION
DISBURSEMENTS:
September 27, 1999
Check No. 57014-57125, $459,238.95 Approved
Centennial Fire District
September 27, 1999 Approved
Mayor Sullivan reminded those present of the guidelines for audience participation in City
Council meetings, emphasizing the need for respectful dialog.
COUNCIL MINUTES SEPTEMBER 27,1999
OPEN MIKE
Mayor Sullivan stated the City Clerk is looking for election judges for the November 2, 1999,
election. There are many shifts available and each judge will be paid $8.50 per hour. Training is
provided. Residents interested should contact City Hall.
The Anoka County Extension Service is having a retirement party for Council Member Neal on
Tuesday, September 28, 1999, 12:30 p.m., at Bunker Hills Country Club.
It was the consensus of Council to allow Council Members response time to anyone speaking
under open mike.
Mr. Brian Engle, 7136 Whippoorwill Lane, came forward and stated the Building Official had
notified him that a building permit is necessary to re -roof his home. He noted his insurance
company had told him the permit was not necessary. However, he found out that he needed to
pay $76 dollars for his building permit. Then it was brought to his attention that the neighbor
next to him only paid $46 for their permit and had much more work d. + it home. He
added Mayor Sullivan owns the house next door. Mayor Sullivan f investigates the
claims and report back at the next Council meeting.
Ms. Cindy Koch, 7131 Whippoorwill Lane, came forw tat ity representative had
been in her neighborhood questioning if residents � ? ai uilding permits for repairs done
from the May 1998 tornadoes. She stated she wa = of a z e that a permit is needed for such
repairs. She stated that if she is required t 14 months after the storm, everyone
in the City must also obtain a permit f ornado damage. She asked for information
regarding permit requirements an e�o' ation on the Quad article relating to the last
Council meeting.
Council directed staff " + ov specific information regarding building permits and how the
City got information r:' � idents not obtaining a permit. The information will be reported
at the next Council me
Mr. Glenn Rehbein, 7374 Lake Drive, came forward and stated he believes that a $62,000
generator has been put into a City building without going through the formal bid process. He
stated the school put in a similar generator for 1/3 of the price. He asked how the residents tax
dollars are being spent and stated more information regarding City business is needed.
No one else appeared under open mike.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
Consideration of Resolution No. 99 - 95, To Extend Terms of Cable Franchise - Linda
Waite Smith - Staff advised negotiations are underway between the North Metro
Telecommunication Commission and MediaOne for renewal of the existing cable television
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COUNCIL MINUTES SEPTEMBER 27,1999
• franchise. However, the terms of a renewal franchise ordinance will not be agreed upon and
adopted by October 1, 1999.
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In order to preserve the City's rights under the existing franchise and to provide enough time to
negotiate a renewal ordinance, it is necessary to extend the agreement through February 18, 2000.
Approval of Resolution No. 99 - 95 will provide the necessary extension.
Council Member Lyden moved to adopt Resolution No. 99 - 95, as presented. Council Member
Dahl seconded the motion. Motion carried unanimously.
Resolution No. 99 - 95 can be found at the end of these minutes.
VFW Proclamation - Ry-Chel Gaustad - Staff advised the Lino Lakes VFW plans to recognize
the 100th Anniversary of the Veterans of Foreign Wars of the United States and establish
September 29, 1999, as VFW Day.
Mr. Lyle Carpenter has requested the City to recognize the VFW is de . serving all of
America's Veterans and their families, by approving the VFW 199 r�� a`� n.
Mayor Sullivan read the VFW 1999 Proclamation.
Council Member Bergeson moved to approve the
Council Member Neal seconded the motion. Mo
The VFW 1999 Proclamation can be fon
clamation, as presented.
d unanimously.
of these minutes.
Consider Approval of Elect' • - Ryhel Gaustad - Staff referred to a list of residents
who are or will be trained t • ut 1999 City election on November 2, 1999.
Staff noted each preci
not required to schedul
judges will be assigned
e a balance of Democratic and Republican judges. The City is
numbers of Reform Party election judges. When possible, the
the precincts in which they live.
Council advised that all relatives of any Council Members have been removed from the list of
election judges. It was also noted that Ms. Kristin S. Whitwam has been removed from the list.
Council Member Dahl moved to approve the appointment of election judges with the removal of
Ms. Whitwam. Council Member Lyden seconded the motion. Motion carried unanimously.
Media Relations between Quad Community Press and the City - William Hawkins -
Council Member Neal stated that he is in support of the City Administrator being the official
spokesperson for the City.
COUNCIL MINUTES SEPTEMBER 27, 1999
The City Attorney advised the Charter is not clear about who is the official spokesperson for the
City. He suggested the City develop a specific ordinance to designate an official spokesperson
for the City. He noted that all Council Members have a right to speak to the press.
Mr. Mark Rehbein, 340 Linda Court, came forward and stated he is disappointed that the City
Council has taken the "low road" relating to government. The "high road" regarding this issue is
to continue with the Mayor as spokesperson for the City. The issue of the City's spokesperson
has become a political issue and only done to discredit the Mayor. He continued stating that he is
tired of seeing the City Council present for their reasons only. The City Council has been elected
to work for the City and the issues relevant to citizens.
Mr. Rob Rafferty, 1573 McKinsley Court, came forward and stated that he also believes the issue
of a spokesperson should not be political. He added that everyone, including the Mayor and
Council Members, are on the same level.
Mayor Sullivan moved to designate the City Administrator as spokesperson for the City to the
Quad Press from now until the election is held. The Director of Admi p• _ will be the
spokesperson in the City Administrator's absence. The City Ad ' m move forward
with a communications policy for the City and will also get co Charter
Commission regarding a City spokesperson.
Council Member Lyden seconded the motion.
The City Attorney advised a formal ordin d because the spokesperson is being
designated on a temporary basis only.
Motion carried unanimously.
PUBLIC SAFETY
NT REPORT, DAVE PECCHIA
Job Offer - Michael ����`'o "'` or Part-time CSO - The Lino Lakes Police Department is
requesting that Mr. Mik onson be hired as a part-time CSO with the department.
Mr. Monson is currently a Reserve Officer for the Lino Lakes Police Department. A successful
background investigation has been completed.
Council Member Neal moved to approve Mr. Mike Monson is hired as a part-time CSO.
Council Member Dahl seconded the motion. Motion carried unanimously.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL
PUBLIC HEARING - FIRST READING, Approve Ordinance No. 18 - 99, Easement
Vacation, Behm's Century Farm 5th Addition - Mary Kay Wyland (4/5 Vote Required) -
The public hearing on this item was opened and continued from the June 14, 1999, Council
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COUNCIL MINUTES SEPTEMBER 27,1999
• meeting to allow time for the Rice Creek Watershed District review. The Rice Creek Watershed
District granted a permit.
Mr. Gary Uhde, developer for Behm's Century Farm's 5th Addition, is requesting the vacation of
the following described property to facilitate the final platting of his 5th Addition:
1. Laurie Avenue between Palomino Lane and Carl Street.
2. The north 3' of Palomino Lane (old Thomas Avenue) between Sunset Road and
Mustang Lane. This vacation will reduce the north half of the right-of-way to 30 feet in
width rather than the currently dedicated 33'. Thomas Avenue was originally dedicated
as a 66' wide right-of-way. The City currently requires 60' of right-of-way.
3. A 40' wide drainage easement from a point on the existing east/west drainage
easement, approximately 130 feet south of old Thomas Avenue to the south line of Outlot
B, Sunset Oaks Addition. This easement will be replaced with an easement between Lots
11 and 12 of Block 3 and Lots 2 and 3 of Block 4, Behm's Cent' 's 5th Addition.
No one was present to speak at the public hearing.
Council Member Lyden moved to close the public heari 9 . Council Member Dahl
seconded the motion. Motion carried unanimousl
Council Member Bergeson moved to appr 4 1NG of Ordinance No. 18 - 99, as
presented. Council Member Lyden se otion.
Council Member Bergeson vo unci° Member Dahl voted yea. Council Member Lyden
voted yea. Council Membe of ea. Mayor Sullivan voted yea.
Motion carried unani
Behm's 5th Addition a1 Plat - Mary Kay Wyland (3/5 Vote Required) - Staff advised Mr.
Gary Uhde is requesting Final Plat approval on his Behm's Century Farm 5th Addition and the
allocation of 18.24 acres of Interim MUSA Reserve which will leave a balance of 35.12 acres in
the MUSA Bank.
The City Attorney has reviewed and approved the title work. The Final Plat conforms to the
previously approved amended preliminary plat and grading and utility work is in process. The
development agreement and financial guarantees have been posted with the City.
Staff recommended approval of the Final Plat and the allocation of 18.24 acres of Interim MUSA
Reserve
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COUNCIL MINUTES SEPTEMBER 27, 1999
Council Member Lyden moved to approve Final Plat for Behm's Century Farm 5th Addition and
approve the allocation of 18.24 acres of Interim MUSA Reserve. Council Member Dahl
seconded the motion. Motion carried unanimously.
Consideration of Amended Conditional Use Permit Request, Oasis Market/Amoco, 7509
Lake Drive - Mary Kay Wyland - City staff has been working with the owners of the Oasis
Market for several weeks to resolve issues concerning this Amended Conditional Use Permit.
Those issues involved include lighting, ponding, parking of tractor/trailer units, and additional
landscaping on the southerly side of the property.
Staff noted the City Attorney has advised the City that it cannot prohibit the parking of
truck/tractor units without adopting an ordinance, applicable to the general populace that would
prohibit such parking. Denial of the amended conditional use permit will only prohibit the
addition of two (2) new pumps.
Staff recommended approval of the amended conditional use permit based on several conditions.
Staff added that the parking of truck/tractor units would not have pact on the
Town Center.
Mr. Dan Price, representative for Oasis Market/Amoco, e rw d stated he has no
problem with the conditions of approval. Origin _' or ite did include the parking of
trucks. The noise and lighting concerns have bee k ddre - d. the City implements a no truck -
parking ordinance, 40% of the store's rev :� •, st. That would put them out of
business. He added that compliance ts would occur. The Oasis Market/Amoco
has already invested approximate) the project.
Ms. Bernice Skoglund, 714
will be affected when
that were torn down
downed trees in that lo
came forward and questioned how 40% of the business
t parking is for trailers only. She also asked about the trees
resent. She stated the Oasis Market/Amoco is who put the
Council directed staff to investigate the downed trees and determine who is responsible to
remove them.
Mr. Price stated that 50% of the business is from diesel fuel. The parking is a service they
provide for the gas to be purchased there. Many of his diesel customers would go elsewhere. He
provided a list of signatures from truck drivers and City residents who would be affected if
parking were prohibited.
Mr. Ken Skoglund, 7148 Lake Drive, came forward and stated parking is a big issue. Many
trucks park there for extended hours and leave their refrigeration units running. The truck
parking is not an issue. If the truckers would turn off their engines and refrigeration units the
noise would be eliminated. There is however, a problem with the smell of the diesel trucks. He
suggested the trucks park along the north fence line and relocate the current holding pond.
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COUNCIL MINUTES SEPTEMBER 27,1999
Staff advised the holding pond could be relocated.
Council Member Lyden expressed concern regarding the placement of a trucking terminal at the
gateway to the City. He indicated he couldn't support this item.
The City Attorney advised that if restrictions of the amended conditional use permit are not
adhered to the City could revoke the permit. At this time the City has no leverage regarding the
enforcement of parking.
Ms. Mary Jones, 830 Oak Lane, came forward and stated her husband parks his truck there. She
stated it is a difficult situation if you have no place to park a large truck. Their yard has been
torn up from parking the truck in their yard. Currently, he must go to South Saint Paul to park
his truck. The Oasis Market/Amoco provided a very important service to an industry that is
crucial to the nation. She asked that the Council consider everyone involved in this issue and
allow the parking of trucks. There is a need within the City for this service. She noted that
refrigeration units often carry pharmaceuticals that have to stay cold.
Mr. Stan Lee, 9 East Road, Circle Pines, came forward and stat n Circle Pines for
30 years and driven a truck for 40 years. He purchases fuel : sck at the site. He
stated the parking should be allowed but agrees the mai o"' s should be done
elsewhere.
A resident at 7920 Lake Drive came forw. + s problems that truckers face is
something they have chosen. Many li * F _ en on when you are a truck driver. The area
will continue to get busier and a w ion is needed.
Staff noted that many com a_. v ', en received over the years. The MPCA did test the site
and found it was com
e noise ordinance.
Mr. Skoglund noted th- se'"ests should be taken at their property line. The previous testing
was done on his propert
Mr. Price stated he would investigate the truck maintenance issues. He stated another MPCA
test could be done regarding noise.
The City Attorney advised that the Oasis Market/Amoco would have to adhere to a new parking
ordinance if the City adopts one. This site or any other established sites will not be grandfathered
in. The City may adopt a less than citywide ordinance if the Council can establish the criteria to
do so.
Council Member Bergeson moved to approve Amended Conditional Use Permit based on the
following conditions:
1. Proper permits are obtained from all affected agencies.
COUNCIL MINUTES SEPTEMBER 27,1999
2. The City Engineer review the ponding survey to confirm compliance.
3. Site lighting shall conform to the requirements of the Zoning Ordinance in relation to
light and glare and the applicant shall supply a photometric lighting plan to confirm
compliance.
4. A 6' board on board fence shall be installed along the south property line to the
south/west corner of the site. Additional evergreens shall be planted along the new fence
line to provide a double row of evergreens, 10 feet apart.
5. Conditions 1 through 8, contained in the original permit, granted May 11, 1992, shall
be made a part of this permit (conditions attached).
6. All conditions of approval shall be met prior to start-up of the two (2) new pump
islands.
7. No truck maintenance will be allowed on the site.
8. Parking shall not be allowed along the south bordf
unmarked spaces. Signs shall be installed to ind' t no
9a. Three (3) parking spots on the
seven (7) parking spots, or
rty and in any
ng zones.
site will be eliminated leaving on
9b. The Oasis Market . rel Cate the pond to the south side leaving ten parking
spots on the north e
10. MPCA tes conducted on an annual basis relating to noise and lighting.
Council Member Neal s • nded the motion.
Council expressed concern regarding the refrigeration units. The City Attorney advised a
condition regarding refrigeration units is not necessary. The City already has a noise ordinance
in place. The ordinance could be revised to make the standards lower.
Staff confirmed approval indicates there is no hourly limit on parking. Overnight parking would
be allowed.
Motion carried with Council Member Lyden voting no.
Council directed staff to begin working on an overnight parking ordinance. Council also directed
residents who have complaints relating to the site should call City Hall during daytime hours.
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COUNCIL MINUTES SEPTEMBER 27, 1999
• After hours calls should be made to the Police Department. All complaints will be documented
to support a future revocation of the permit if necessary.
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Mayor Sullivan called for a short break at 8:40 p.m.
Mayor Sullivan reconvened the meeting at 8:53 p.m.
Pierre & Norma Nadeau, 6644 20th Avenue, Minor Subdivision - Mary Kay Wyland (3/5
Vote Required) - Mr. and Mrs. Pete Nadeau own approximately 76.97 acres at the south east
corner of 20th Avenue and Cedar Street. They are requesting a minor subdivision that would
create two (2) parcels, Tract A would be 66.97 gross acres, Track B would consist of 10 gross
acres and contain the existing homestead.
Staff has reviewed the request and finds that the proposed subdivision meets the requirements of
the Zoning Ordinance. Track B, containing the existing home, will have 530 feet of frontage
along 20th Avenue and contain the minimum required 10 acres. The Ordinance requires a
minimum lot width of 330 feet. Tract A will contain 716 feet of front �.0 � � 20th Avenue and
205 of frontage along Cedar Street. Anoka County will require th ` N tion fi; additional right-
of-way along 20th Avenue (County Road 54). Staff recommen t i a ey document
include this additional right-of-way and provide a 10 -acre p 1 u ' of right-of-way. Staff
also recommended approval of the minor subdivision w
It was noted that the Planning and Zoning Board this item and recommended approval
on a 6-0 vote at their September 8, 1999,
Mr. Pete Nadeau, 6644 20th Aven and stated that many things change. He
stated the homestead and ho bab' be removed within the next three- (3) years. He
indicated he would have to. d Tract A to provide the right-of-way and maintain 10
acres in Tract B. He r ste` 'e property be divided but leave the right-of-way requirements
up to the future develo
Staff advised it is the C cil's prerogative to obtain the additional right-of-way now or in the
future. The County has recommended the right-of-way be obtained at this time. Staff also
recommended the additional right-of-way be obtained at this time. Staff stated it is also possible
for the City to obtain the right-of-way and not increase the parcel where the home is located.
Council Member Bergeson moved to approve minor subdivision based on the following
conditions:
1. A document is prepared by the applicant dedicating the required additional right-of-
way to Anoka County for the future reconstruction of 20th Avenue (County Road 54).
2. The Survey Document indicates a 9.67 -Acre parcel for Tract B to accommodate the
right-of-way needed by the City.
COUNCIL MINUTES SEPTEMBER 27,1999
3. Park Dedication is assumed collected on the existing homestead. Park Dedication on
the remaining Tract A shall be deferred until future development occurs.
Council Member Lyden seconded the motion. Motion carried unanimously.
Consideration of Sue Walseth's Variance Request, 6408 Cassiopeia - Mary Kay Wyland
(3/5 Vote Required) - Sue Walseth is constructing a new home on the northeast corner of Holly
Drive and Cassiopeia Court. She has an above ground pool and a large, out -door dog, and would
like to install a 6' privacy fence in her rear & side yard. The Ordinance prohibits the construction
of a 6' fence from the setback line of the adjoining home on Holly Drive (40') and also along
Holly Drive to the front of her home. The Ordinance would allow a 4' fence.
Staff reviewed the Findings of Fact required for a variance and concluded that the criteria
outlined by State Statutes and the City's Zoning Ordinance could not be met in this case. That
criteria includes the following:
1. That the property in question cannot be put to a reasonable
conditions allowed by the official controls. The applica
fence, rather than the requested 6' fence.
2. That the plight of the landowners is due to p
property not created by the landowner.
typical restrictions as to fence height.
3. That the hardship is not dui
use for the property ex
economic.
4. That grant
privilege th
buildings in
may set a pr
d under
11 a 4' high
ances unique to his
a typical corner lot with
considerations alone and when a reasonable
s of the ordinance. The hardship is not
ance requested will not confer on the applicant any special
denied by this ordinance to other lands, structures, or
e district. Staff has recommended denial, granting the variance
dent for other fences on other corner lots.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance. Denial of the variance is in keeping with the spirit and intent of the
ordinance which is to restrict fence height on corner lots when a rear yard abutts a
front yard.
The Planning and Zoning Board reviewed this variance at their September 8, 1999, meeting.
Kirk Corson made a motion to deny the variance request. Motion failed with two (2) ayes, two
(2) nays, and two (2) abstained. Chair Schaps was unable to attend the meeting but did send the
Board a memo supporting the staff recommendation of denial.
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COUNCIL MINUTES SEPTEMBER 27,1999
The City Attorney advised that the criteria to grant a variance are well laid out. Findings of Fact
have to be made to justify granting the variance. If the criteria can't be met the Council has an
obligation to deny the variance request.
Ms. Sue Walseth, 6408 Casssiopeia Court, came forward and pointed out where the fence would
be located. She gave the following reasons why a 6' fence variance should be granted:
1. The fence will be 70' from the stop sign, which will not obscure vehicle view.
2. A rear lot abutting a side lot is rare in Lino Lakes.
3. The elevation of the lot is such that the fence will be constructed in a hole. Therefore,
the fence will not be 6' high.
4. The second floor windows of her home are in line with the headlights of oncoming
traffic, the fence would block the light.
5. A 6' fence would provide a better buffer from noise an s ffic.
6. A 6' fence would allow for better privacy, safety, ri r. m pedestrians.
7. The adjoining neighbor is agreeable to e.
8. The front of her home faces Ca
9. There are many other ht he ity that have a 6' fence.
10. A 6' fence will safety relating to the swimming pool and her large
dog.
11. Snow during"e 'sinter months will reduce the height of the fence.
12. A 6' fence should be allowed because of the trail along side the home.
13. There is no natural buffering in place.
The Council expressed concern regarding the safety of a 6' fence. Staff advised a 6' fence will
be less safe than a 4' fence. The Police Department was unable to comment on the safety issue
without visiting the site.
Council also expressed concern regarding the adjoining property owner. If the adjoining property
is sold, the new owner may not be agreeable to a 6' fence.
Council Member Lyden moved to approve variance as requested. Council Member Dahl
seconded the motion.
COUNCIL MINUTES SEPTEMBER 27, 1999
Staff advised there are many homes within the City that have a side yard with a trail, and are on
collector roads.
Motion carried with Council Member Bergeson and Mayor Sullivan voting no.
Staff advised an easement encroachment agreement is needed before a fence is constructed on
any drainage easement.
Damages on Lake Drive - Council Member Neal stated there may be a lot of contractor damage
along Lake Drive due to reconstruction. He advised that any resident who has a problem should
contact City Hall.
Staff advised a letter has been prepared for the contractor to deal with affected property owners
immediately. The City should not be involved in the damages unless the property owner directly
contacts City Hall.
Consideration of Resolution No. 99 - 91- Receive Bids and Aw
77th Street Utility Extension - John Powell - Sealed bids wer
today for the 77th Street Utility Extension project. The low
Contracting, Inc., in the amount of $81,761.00.
tion Contract,
pened earlier
ed from Dave Perkins
Funding for the project will be through special as, levied against benefiting properties
as property owners connect to the utility s ty's Area and Unit Fund.
The completion date for the utility ctober 31, 1999, and the final completion date
for this project is November
Staff noted letters to .. recd j�erty owners will be sent out when the contract is awarded.
Council Member Neal o adopt Resolution No. 99 - 91, as presented. Council Member
Dahl seconded the mot • Motion carried unanimously.
Resolution No. 99 - 91 can be found at the end of these minutes.
OLD BUSINESS - None
NEW BUSINESS - None
COMMUNITY CALENDAR SEPTEMBER 27,1999 THROUGH OCTOBER 11, 1999
Closed Meeting to Discuss Potential Litigation, Monday September 27, 1999, 6:00 p.m.
Environmental Board Meeting, Wednesday, September 29, 1999, 6:30 p.m.
Recycling Day, Saturday, October 2, 1999, 9:00 a.m. - 3:00 p.m.
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COUNCIL MINUTES SEPTEMBER 27,1999
Special Work Session, Monday, October 4, 1999, 5:30 p.m.
Park Board Meeting, Monday, October 4, 1999, 6:30 p.m.
Council Work Session, Wednesday, October 6, 1999, 5:30 p.m.
EDAC, Thursday, October 7, 1999, 7:00 a.m.
Citizens Academy, Thursday, October 7, 1999, 7:00 p.m. - 10:00 p.m.
City Council Meeting, Monday, October 11, 1999, 6:30 p.m.
ADJOURN
There being no further business, Council Member Lyden moved to adjourn at 10:02 p.m.
Council Member Dahl seconded the motion. Motion carried unanimo
These minutes were considered and approved at the regular Co�'a: A= e ctober 11, 1999.
eRy- hGaustad, City Clerk rly A. Sullivan, Mayor
Transcribed by:
Kim Points
TimeSaver Off Site Secreta
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