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HomeMy WebLinkAbout04.02.90 Council Packet AGENDA COUNCIL MEETING REGULAR APRIL 2, 1990 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. March 14, 1990 b. March 19, 1990 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. Set Public Hearing - Therapeutic Massage License 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Farmington Elementary Students' Earth Day Proclamation b. Proclaim Earth Week/Earth Day 7. ORDINANCES AND RESOLUTIONS a. Resolution Ordering Feasibility Report - Dakota County Estates 6th b. Cat/Animal Control Ordinance c. Resolution Approving MHFA 1st Time Homebuyers Program 8. UNFINISHED BUSINESS a. Project 89-1 - Accept Bids and Award Contract/Easements b. Co-op Fertilizer Plant and Grain Bins 9. NEW BUSINESS a. Boulevard Parking b. Change to Farmington Trail and Preserve c. Approve Grading Plan for Pine Knoll Park d. Approve Revised Park Dedication Ordinance e. Arena Concession Stand Improvements f. Sewer and Water Utility Refund - Peterson Flooring g. Dakota County Haulers Contract 10. MISCELLANEOUS a. Set Compensation Meetings 11. CONSENT AGENDA a. School/Conference Request - Level I HAZMAT Instructor Course b. School/Conference Request - Firefighter I Training c. School/Conference Request - State Fire School d. "4M Fund" Resolution e. Fire Fighter Clothing Allowance f. Capital Outlay Request - Public Works Paint Striper g. Appoint Audrey Rother to Senior Center Advisory Council h. School/Conference Request - Public Works i. Capital Outlay Request - Landscaping at City Hall j . Approve Payment of the Bills 12. ADJOURN 1> AGENDA REQUEST FORM 12t) ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: March 26, 1990 MEETING DATE: April 2, 1990 CATEGORY: Unfinished Business SUBJECT Proposed Cat Ordinance and Review of Animal Ordinance EXPLANATION: Per Council directive REFERENCE MATERIAL/RESPONSIBILITY: Memo/Proposed Ordinance - Dan Siebenaler REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Dan Siebenaler Police /yaroo---"'"— SIGNA MEMO TO: Mayor and Council SUBJECT: Animal Control DATE: March 29 , 1990 Regarding the discussion of a cat ordinance at the council meeting of March 19 , 1990 , Shelly Cummins talked with me after she read the newspaper account. She stated her intention for appearing before the council was for an , "Animal Nuisance Ordinance. " She is not interested in an ordinance requiring licensing and leashing cats. Also in conjunction with this discussion on animal control , I was asked to compile some statistics on dog complaints received by the police department. They are as follows . In 1989 , 12 written warnings were given on dog complaints. The majority of the complaints are handled with a verbal warning given to the dog owners at the time that the call is answered by the police. The City of Farmington was billed for 47 dog pick ups by the Animal Control Warden , Bob McAllister. Dog licenses purchased in 1989 totaled 76 . The police answered 51 barking dog complaints and 64 complaints of dogs running at large, in 1989 . If you have any questions or concerns , please contact me. Daniel M. Siebenaler Chief of Police mw cc : Larry Thompson AGENDA REQUEST FORM ITEM NO. NAME: Shelly Cummins DEPARTMENT: 18040 180th Court West DATE: March 6, 1990 MEETING DATE: March 19, 1990 CATEGORY: Petitions, Requests and Communications SUBJECT: Adopt Ordinance Regarding Keeping Cats Restrained or Confined EXPLANATION: Self explanatory. REFERENCE MATERIAL/RESPONSIBILITY: Letter - Shelly Cummins REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Dan Siebenaler Police SIGNATURE 2 1 March 6, 1990 Mayor Babe Kuchera City Council Members Farmington City Hall Farmington, MN 55024 Re: Proposal for Cat Ordinance - Request to be on Agenda on March 19 Dear Mayor and City Council Members: Although you may know me from my involvement with the composting and incineration issues, I have recently become personally aware of a serious cat problem in my neighborhood. I own a dog and am expected to keep my dog on a leash when he is outside. He is a dog I am very fond of; that I keep in the house; that I am presently putting through dog obedience training and who is a terrible barker and that barks even more incessently when he sees these cats perched on our deck or outside in our yard. At least I do not subject my neighbors to his barking. However, I have had numerous encounters with cats belonging to my neighbors - on two occasions finding a cat not only locked up in my garage overnight, but finding the little presents it leaves behind for me to clean up. Today this same cat was perched above the garage door in my garage loft and hissed at me as I walked to my own car. This cat scared me enough that I didn ' t want to go out into my own garage. I will speak to my neighbors tonight and let you know on the 19th what their responses were. There are many, many cats and dogs in this neighborhood and I believe that because these same owners have dogs that they seem to be able to keep either penned or on a leash or in their own homes, that it is not too much to ask these same owners to follow the same rules for their cats. Thank you for your time and consideration of this matter. Si cerely, Shelley T. 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(ij NAME: Larry Thompson er DEPARTMENT: Administration 3 DATE: March 20, 1990 MEETING DATE: April 2, 1990 CATEGORY: Ordinances and Resolutions SUBJECT: Approving MHFA First Time Homebuyers Program EXPLANATION: Self explanatory REFERENCE MATERIAL/RESPONSIBILITY: Memo - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Karen Finstuen Administration Jerry Henricks EDC/HRA SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: MHFA FIRST TIME HOMEBUYERS PROGRAM DATE: MARCH 29, 1990 Attached please find a letter outlining an MHFA First Time Homebuyers Program. Staff has been aware of this program for some time, but as noted on the first page of the letter, Dakota County cities were not eligible. I have just been informed that Farmington will become eligible in the near future, and there apparently is still funding available. Based on the information received, the only feasible option is 2e(1) (Page 3) , because of the 5% leverage requirements under 2(c) and 2e(2) . Option 2b will require a great deal of staff time complying with the demonstration requirements. Presently the only subdivision seeking certification under HUD Affordable Home Program (AHP) is Dakota County Estates. The program does not pose any financial or legal risk to the City and will offer housing opportunities to first time homebuyers who would not qualify under con- ventional financing. I would therefore recommend the Council approve an appli- cation for the program identifying Dakota County Estates as the program area. If other subdivisions qualify, the application can be amended. y pon Lar Thom Y City Administrator cc: Jerry Henricks Kari Gill file r.1 ' . . MINNESOTA 41.40 HOUSING till---14 • Ark FINANCE (j1S!TAGENCY MEMO TO: Minnesota City Officials FROM: Michael Haley Director of Home Mortgage Programs DATE: February 13, 1990 RE: Announcement and Requests For Proposals, The Minnesota Communities Program The Minnesota Housing Finance Agency (MHFA) is pleased to both announce and request proposals for The Minnesota Communities Program (MCP). Through the MCP, MHFA is offering access to $7 million in below market interest rate mortgage financing to assist communities throughout the state in meeting local housing objectives that are consistent with certain statewide'housing goals. The MCP has been designed to enable communities throughout the state to use MHFA resources in a cooperative effort to address both local and statewide housing concerns. Except as provided herein below, all communities throughout the state are eligible to submit proposals under this program. However, all selected communities are expected to be active administrators and stewards in the program, and must be able to demonstrate capacity to do so. Communities that either operate or have access to active mortgage revenue bond or mortgage credit certificate programs are ineligible to participate in the MCP, as one of the primary objectives of this program is to provide for a broader distribution of such resources through the state. Specifically, the cities of Minneapolis, St. Paul, East Grand Forks, and all communities in Washington and Dakota counties, are ineligible to participate at this time. If you wish to develop and submit a proposal, you may do so at any time. MHFA will accept and process proposals on a "pipeline" basis and provide funding for approved proposals as such resources are made available. The Minnesota Communities Program: One of the primary objectives of MHFA is to provide affordable mortgage financing for low and moderate income first time homebuyers through The Minnesota Mortgage Program. The funds under The Minnesota Mortgage Program are raised through the sale of tax exempt mortgage revenue bonds. A "pocket guide" describing the requirements of The Minnesota Mortgage Program including borrower and property requirements, a description of the mortgage etc, is enclosed herein. The MCP provides selected communities with access to funds raised under The Minnesota Mortgage Program. Besides first mortgage loans originated under The Minnesota Mortgage Program, all selected communities also have access to the MHFA Homeownership Assistance Fund (HAF), which provides modest income borrowers with monthly payment assistance and/or downpayment assistance through 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296.7608 Telecopler (612) 296.8138 Equal Opportunity Housing and Equal Opportunity Employment • 2 • an interest free, graduated payment second mortgage loan. HAF is funded through appropriations from the State Legislature. MHFA will also be happy to work with communities to accommodate unique individual MCP components or concepts. In particular, MHFA will attempt to assist communities that wish to employ,borrower and/or mortgage subsidy mechanisms other than HAF. Under the MCP, communities are required to work with a mortgage lender that currently participates in The Minnesota Mortgage Program to originate mortgage loans. Local lenders may not participate in the MCP only. If a community wishes to submit a proposal under the MCP, but there is no local lender participating in The Minnesota Mortgage Program, MHFA will be happy to work with the community toward recruiting a mortgage lender that does participate in The Minnesota Mortgage Program. Neither communities nor participating lenders are rQquired to pay fees to participate in the MCP. Selection Criteria: To be eligible for selection under the MCP, projects must meet the following criteria: 1. The community must demonstrate that its proposed project or program is economically viable in that it is likely that the funds requested may be employed to achieve the purposes of the proposal within the term specified in the contract between the community and MHFA. 2. The community must provide adequate documentation that its proposed project or program meets one or more of the following: a. The project or program may provide for rehabilitation of existing housing stock within the community. For communities which specifically define the area(s) to be rehabbed, the standard of minimum rehab is an average of 10% of the property sales price. If the program addresses rehabilitation throughout the community ("scattered sites"), then each property financed must involve a rehab amount equal to the 10% standard. b. The proposal may establish a "rollover housing" program. Under such programs, buyers must meet all regular program requirements, but it also requires that sellers meet certain requirements. Specifically, sellers must live in a household of no more than two persons where at least one of the persons must be over 60 years of age. Homes to be sold under such programs must be existing homes over two years old which are occupied by the sellers. "Rollover" programs provide an inducement for young families to purchase homes that are being sold by "empty nester" households, This allows for more efficient utilization of the facilities that (Rev.2/9/90) 3 already exist in certain neighborhoods such as schools, parks, playgrounds, etc. Proposals under this criteria must demonstrate a need for such a program, and provide information on the approximate number and percentage of the community's housing stock which falls into the "empty nester" definition, its location, and the proximity of the previously noted support facilities. c. The project or program .may address specific economic development needs within the community. Such projects must demonstrate a need for mortgage funds due to bonafide immediate housing needs brought about by current economic development (e.g. a housing shortage due to current business expansion as opposed to a desire for housing to attract new business). In such proposals, leverage funds in an aggregate amount of 5% of the property sales prices are required from outside sources. d. The project or program identifies and addresses specific low income housing needs within the community. Under such projects or programs, borrower incomes may not exceed the adjusted income limits under HAF for the area of the state in which the community is located (see the enclosed "pocket guide"). In such proposals, leverage funds in an aggregate amount of 5% of the property sales prices are required from outside sources. e. The project may address the production of affordable, newly constructed housing, without targeting economic development needs (criteria c, above) or low income homebuyers (criteria d, above); simply by meeting one of the two categories noted below: SI If the new construction project is located in a subdivision, or if it involves funding more than 6 units under this proposal, prior approval through the Department of Housing and Urban Development's (HUD) Affordable Housing Program (AHP) is a requirement. In the Affordable Housing Program, HUD works cooperatively with communities and builders/developers to plan innovative new construction which results in direct cost savings to the homebuyer. Inclusion under the Affordable Housing Program assures that both the builder/developer and the community have taken specific cost reduction steps in the development and building process. To obtain specific program information, contact Ms. Frances O'Neill at HUD's Minneapolis field office at (612) 370-3053. Given the processing time for an Affordable Housing Program project, a proposal under the MCP may be submitted and processed subject to acceptance under the Affordable Housing Program. A (Rev. 2/9/90) 4 contract for the MCP may be executed upon preliminary indication from the Minneapolis HUD office that the project qualifies under the Affordable Housing Program, and the MCP contract would be conditioned upon said final approval. No mortgage loans for newly constructed homes may be processed under the MCP until such acceptance is received from HUD. (In the past, MHFA has provided mortgage financing for current Affordable Housing Program projects. If a project that has previously received financing under the Affordable Housing . Program is to be submitted under the MCP, the community that wishes to submit the proposal should contact MHFA for further ' instructions.) (2) If the new construction project involves six or fewer scattered sites, the community has the option of participating in the HUD Affordable Housing Program or of providing leverage funds equal to 5% of the sales price. These leverage funds must result in a direct subsidy to the buyer, such as a reduction in sales price, buyer payment subsidy, etc. 3. As noted above, the community must identify a lender that is currently participating in The Minnesota Mortgage Program to originate mortgage loans under the MCP. The lender must be both capable of making and willing to make FHA, VA, insured and uninsured conventional, and HAF loans under the MCP. Ordinances and/or local building codes must be in place prior to the origination of mortgages under the MCP unless changes are necessary to obtain Affordable Housing Program status. MHFA acknowledges that the selection criteria for the program are rigorous. However, given the limited financial resources that MHFA may currently dedicate to the MCP, the program was designed to assist communities that are meeting a specific set of public policy goals pertaining to affordable housing. Selection Process: Upon receipt of a proposal under the MCP, MHFA will process the proposal to verify compliance with the selection criteria above. Determination of whether a specific proposal complies with the selection criteria shall be at the sole discretion of MHFA. Communities may develop and submit a proposal under the MCP at any time. MHFA shall endeavor to immediately fund all acceptable proposals, However, should MHFA receive requests for funds exceeding the resources currently available for the MCP, MHFA will provide for selection of proposals through a lottery process. (Rev.2/9/90) 5 . Acceptable proposals not selected through the lottery will be placed in priority position for funding as funds are made available for the program. MCP Funds Access; MHFA is currently making $7 million available under MCP. The initial interest rate for funds offered under the MCP shall be 7.95% per annum. However, a specific interest rate is not guaranteed for the duration of the MCP. MHFA may, at its option, replace the funds currently available under the MCP with funds at a different interest rate which may be lower or higher than the previous interest rate. However, all mortgage loans in process at mortgage lenders at that time are guaranteed the interest rate offered at the time of application. The maximum term for each mortgage offered under the MCP is currently 25 years. All funds under the MCP are placed into two "commitment pools" for the program - the '. Restricted MCP Commitment Pool and the Unrestricted MCP Commitment Pool. Upon s. selection into the MCP, a community may receive up to $500,000 in Restricted MCP Commitment Pool funds exclusively for its use for a 150 day period. No other community may use these funds for this period. At the end of the 150 day period, uncommitted funds are placed in the Unrestricted MCP Commitment Pool. They remain available to the community for which they were initially set aside, but not exclusively. As is implied above, the Unrestricted Commitment Pool is comprised of funds that either have been specified by MHFA for this pool, have not been committed to communities under the Restricted MCP Commitment Pool, or were previously set % aside for communities under The Restricted MCP Commitment Pool but the 150 day time period has elapsed. If more than $500,000 is needed for a particular project or program, a community may reserve additional loans from the Unrestricted MCP Commitment Pool up to a cumulative program maximum of $1 million (Restricted set- aside usage plus funds used from the Unrestricted Pool). .Of course, during the period that a community has a set aside under the Restricted MCP Commitment Pool, it may not reserve funds from the Unrestricted Commitment Pool until the Restricted Commitment Pool set aside has been used. Of the $7 million in funds initially available under the MCP, $6 million is eligible to be set aside in the Restricted MCP Commitment Pool, and $1 million will be held back for use in the Unrestricted MCP Commitment Pool. Each proposal under the MCP must include a request for not less than $200,000 in mortgage loan funds, and must note anticipated fund usage from the Unrestricted Pool, if any. The Agency will negotiate the term of the contract with the participating community based upon the nature of the request, the needs of the community, and the financial requirements of the Agency. Every effort will be made to accommodate the requests of the community as to contract term. Procedures are to be established by which communities may refer borrowers to participating mortgage lenders under the MCP. Lenders will be required to reserve each loan at MHFA by telephone upon borrower application. After the telephone (Rev.2/9/90) 6 reservation, a specified term will be established during which each mortgage loan must be processed and delivered to MHFA for purchase. Marketing/Publicity: Upon acceptance into the MCP, MHFA will provide marketing assistance and support to the community to enhance the probability of program SUCCPSS.. Proposal Submission: To be accepted under the MCP, communities must submit the following in prescribed form: 1. The Minnesota Communities Program Request for Proposal, MHFA Form MCP 89-1 (enclosed), and related supporting documentation; and 2. A letter from a mortgage lender currently participating in The Minnesota' Mortgage Program affirming that it will originate loans under the MCP and that it has the willingness and capacity to originate all types of mortgage loans under the MCP. Technical Assistance; As the MCP is a new program, communities will have many questions about the MCP and developing proposals. MHFA staff is happy to assist in any way we can. For questions, concerns and additional information, please call MHFA Housing Development officer._ 9 t,io at (612) 297-3129 or May-k uI mQn at (612) 296-8840. (Rev.2/9/90) MINNESOTA è HOUSING gift FINANCE C67 AGENCY MINNLSOEA 1990 Tt£Tt0 TO: 7`tinnesota City Off iciafs Fit011: Michael gafey director of 1lome I lortgage Programs DATE: February 13, 1990 RE: The 9`tinnesota Communities Program The Ttinnesota {ousing Finance Agency announces a new funding phase for the I tinnesota Communities Program (TtWP). The rtcP offers Agency resources in the form of a set-aside of first-time homebuyer mortgage bond funds to be targeted to meet locally defined housing objectives. Some of the key features of this latest offering are: - Ttortgage funds will be made available at a 7.95%I fixed rate, over a 25 year term. - Each community may apply for up to $1 million in funding during this phase ($500,000 on a guaranteed set-aside). - The period of set-aside has been increased under the TtCP to a 5 month period. - The Agency has authorized more flexibility in eligible new construction program criteria. - We have added a "rollover" housing component to the program selection criteria for existing homes. This can help to encourage the sale of homes from seniors to younger families. 1Th annual percentage rate is 8.55X. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecopier (612) 296-8139 Equal Opportunity Housing and Equal Opportunity Employment • 1 .E: New funding Phase for the 1`tinnesota Communities Program Page 2 fry, 1990 - The homeownership Assistance Fund is available to lower income applicants to provide subsidies toward downpayment and toward their monthly housing payments. We feet that these improvements will allow more communities than ever to take advantage of this opportunity and design unique programs to meet their housing needs. Enclosed in this packet, you will find a detailed program description letter and a MCP Request for Proposal OUP). Complete this 12.JP in detail, and forward to 113-CPA. to complete your application for funding. 9`U{1 A staff is readily available, should you need assistance in completing your PST, or if you have specific questions on the Ttinnesota Communities Program. tjou can reach us, toll-free, by dialing 1-800-652-9747, and ask for the "home" extension. Simply inquire about the 9'tinnesota Communities Program. } AGENDA REQUEST FORM ITEM NO. NAME: Daniel M. Siebenaler DEPARTMENT: Police DATE: March 23 , 1990 MEETING DATE: April 2 , 1990 CATEGORY: New Business SUBJECT: Boulevard Parking EXPLANATION: Memo of March 23 , 1990 REFERENCE MATERIAL/RESPONSIBILITY: See Memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Gerald Henricks EDC/HRA _ Department Heads SIGNATURE MEMO TO: Mayor and Council SUBJECT: Boulevard Parking DATE: March 23 , 1990 For many years the City of Farmington has experienced a continuing problem of boulevard parking in the area between the railroad tracks and 4th Street, along Hwy 50. For at least the past 5 years , the enforcement policy has been to enforce boulevard parking only when vehicles encroached on sidewalks. This action allowed pedestrians unobstructed passage along sidewalks and relatively unobstructed vision for 2nd and 3rd Street access to Hwy 50. During that time period , area car dealers have been warned repeatedly about encroachment on the sidewalk. In response to increased traffic volumes MN DOT redesigned the intersections of 2nd and 3rd Streets at Hwy 50 to allow turn lanes. This action forced traffic in both directions to travel at the extreme right edge of the roadway . In changing the con- figuration and traffic patterns the line of sight for 2nd and 3rd Street traffic onto Hwy 50 became even more critical . As I pointed out earlier we are all aware of the increased traffic volume on Hwy 50 and the accompanying problems . During the past several months the problem of boulevard parking and encroachment on sidewalks has become significant. We have received numerous complaints from motorists and citizens regarding the hazardous traffic conditions created by this encroachment. Over the past several years repeated verbal warnings have not solved the problem of obstructed sidewalks. The problem of boulevard parking has been pushed to the extreme causing hazard- ous traffic condictions. On March 23 , 1990 , the Farmington Police Department initiated a one day written warning program along Hwy 50. The entire length of Hwy 50 from Division Street to Hwy 3 was checked and written warnings were issued for all vehicles parked on the boulevard. It should be noted that the only encroachment on boulevards was between the railroad tracks and 4th Street . Mayor and Council March 23 , 1990 Page 2 This is significant in that this is the same area redesigned by MN DOT. The highest traffic density intersections with Hwy 50 (2nd and. 3rd Streets ) are the only ones affected by boulevard parking violations. As a result of this written warning campaign, the City has been approached by several business representatives who have been using the boulevard. Their concern is that if boulevard parking is not allowed , their businesses will be jeopardized. It is my intent to bring this item to the April 2nd meeting of the City Council for discussion. It is my hope that a Council Policy can be developed in regard to this enforcement. I would suggestthat Council members take time to observe the conditions in this area to better prepare for this discussion. If you have any comments or questions , feel free to contact me at your convenience. CD ' , / ! Daniel M. Siebenaler Chief of Police DMS/mw cc : L . Thompson Dept . Heads J . Henricks AGENDA REQUEST FORM ITEM NO. I ; NAME: Karen Finstuen DEPARTMENT: AdministrationC-/i)(4E '/ DATE: March 26, 1990 MEETING DATE: April 2, 1990 CATEGORY: Consent Agenda � SUBJECT: Capital Outlay Request - Landscaping at City Hall EXPLANATION: Self Explanatory REFERENCE MATERIAL/RESPONSIBILITY: Capital Outlay Request - Karen Finstuen (Plan available in our office) REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Tom Kaldunski Public Works Jim Bell Parks and Recreation Wayne Henneke Finance i SI ''TUBE i REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT Administration DATE OF REQUEST March 26, 1990 ITEM(S) TO BE PURCHASED Landscaping AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 1990 BUDGET : $ 3,000 AMOUNT REMAINING AS OF DATE OF REQUEST : $ 3,000 QUOTATIONS RECEIVED: 1 . VENDOR City Staff DATE AMOUNT $ 3,000 2 . VENDOR DATE AMOUNT $ ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS : City staff will do all of the work and plantings will be purchased from various local nurseries. We are hoping to complete all work during the Spring planting season to be ready for Celebrate Minnesota 1990 deadlines and Mountain Dew Days. 3/a(pl,o �._ „ , -30?/FO HEAD SIGNATURE DATE FINANCE aI:REC OR SIGNATURE DATE TO : THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19 (APPROVED) (NOT APPROVED) FILE : CC :