HomeMy WebLinkAboutCC September 3, 1991
~ CITY of ANDOVER
Regular City Council Meeting-September 3, 1991
7:30 P.M. Call to Order
Resident Forum-Speakers are limited to 5 minutes
each with a maximum of 15 minutes.
Items that will require Council
discussion will be placed on the next
available agenda.
Agenda Approval
Approval of Minutes
Discussion Items
I. Special Use Permit/Diesel Storage Tank/135B6
Thrush Street N.W.
2. Special Use Permit/Accessory Structure/17913
Aztec Street N.W.
3. Crosstown Boulevard Reconstruction
Staff, Committee, Commission
4 . Approve Temporary Mobile Home Permit/16947
Verdin Street N.W.
5. 1992 Fee Schedule/Building Department
6. Award Bids/Misc. Equipment Sale
7. Adopt Resolution/Reimbursement Rules
8. Approve Change Orders/Fire Dept. Bond
9. Utility Maintenance Person Replacement
Non-Discussion Items
10. Amend Water Ordinance
II. Award Bid/91-l0/159th Lane. Swallow, Quinn
12. Accept petition, Order Feasibility/Northglen
Area
13. Schedule Joint Meeting with Park Commission
14. Remove Stop Signs/Old Constance & University
15.
16. Accept Petition/Order Feasibility/Lund's
Evergreen Estates 2nd-4th Additions
17. Approve Change order is/Fire Station
Mayor/Council Input
Approval of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 3. 1991
TABLE OF CONTENTS
RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2
SPECIAL USE PERMIT/DIESEL STORAGE TANK/13586 THRUSH STREET NW · · 2
ResolutIon 136-91 to approve · · · · · · · · · · · · · · · · · 3
SPECIAL USE PERMIT/ACCESSORY STRUCTURE/17913 AZTEC STREET NW . · · 3
ResolutIon 137-91 to approve · · · · · · · · · · · · · · · · · 4
CROSSTOWN BOULEVARD RECONSTRUCTION . · · · · · · · · · · · · · · · 4
APPROVE TEMPORARY MOBILE HOME PERMIT/16942 VERDIN STREET NW · · · 5
1992 FEE SCHEDULE/BUILDING DEPARTMENT
ResoJutlon 138-91 to approve · · · · · · · · · · · · · · · · · 5
AWARD BIDS/MISCELLANEOUS EQUIPMENT SALE · · · · · · · · · · · · · 5
ADOPT RESOLUTION/REIMBURSEMENT RULES
ResolutIon 139-91 to approve · · · · · · · · · · · · · · · · · 5
APPROVE CHANGE ORDERS/FIRE DEPARTMENT BOND . · · · · · · · · · · · 5
MotIon to approve Change Orders to trucks . · · · · · · · · · · 5
Motion to approve purchase of applIances · · · · · · · · · · · 6
APPROVE CHANGE ORDER #5/FIRE STATIONS · · · · · · · · · · · · · · 6
UTILITY MAINTENANCE PERSON REPLACEMENT (Scott ProtIvlnsky) . · · · 7
REPRESENTATIVE ON DISTRICT #15 FACILITIES COMMITTEE (M. Perry) . · 7
NON-DISCUSSION ITEMS
ResolutIon 140-91. Award BldlIP91-10/159th Lane. SWallow · · · 7
Resolution 141-91. Accept Petltlon/Orde~ FeaslblIty/Northglen . 7
Remove stop signs/Old Constance and UnIversIty · · · · · · · · 7
ResolutIon 142-91. Accept PetItIon/Order FeaslbIIty/Lund's
Evergreen Estates 2nd-4th AddItIons · · · · 7
AMEND WATER ORDINANCE . · · · · · · · · · · · · · · · · · · · · · 8
SCHEDULE JOINT MEETING WITH PARK COMMISSION (October 3) · · · · · 8
CHANGE ORDER/TIMBER TRAILS . · · · · · · · · · · · · · · · · · · · 8
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Regular Andover CIty CouncIl MeetIng - September 3. 1991
Table of Contents
Page II
MAYOR AND COUNCIL INPUT
WDE SIte . . · · · · · · · · · · · · · · · · · · · · · · · · · 8
DumpIng next to SuperAmerIca StatIon · · · · · · · · · · · · · 8
Po) Ice Calls · · · · · · · · · · · · · · · · · · · · · · · · · 8
APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 9
ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 9
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r;... CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - SEPTEMBER 3, 1991
MINUTES
The Regular BI-Monthly Meeting of the Andover City CouncIl was called
to order by Mayor Ken Ortte] on September 3. 1991; 7:30 p.m.. at the
Andover City Hall. 1685 Crosstown Boulevard NW. Andover. MInnesota.
Counci]members present: Jacobson. McKelvey. Perry
CouncIlmember absent: Smith
Also present: CIty Attorney, WillIam G. HawkIns
p & Z Commission Chairperson. Randy Peek
CIty Planner. David Carlberg
CIty AdminIstrator/EngIneer. James Schrantz
Others
RESIDENT FORUM
Bob Peach. Bond Coordinator - stated the a~chltect for the Fire
Stations has Informed him the CIty's ZonIng AdmInistrator. d'Arcy
Bosell. has denied a permit to put the lettering on the buildIngs of
both fire statIons because they exceed 32 square feet. apparently the
size requirement for signs In resIdentla] areas. He couldn't Imagine
anyone objecting to the size of the letterIng on publIc buildings. The
lettering on the front of City Hall covers about 80 square feet. which
Is much larger than anything they are askIng for.
Mr. Carlberg stated FIre Station 1 Is In a General Business zone whIch
can have up to 100 square feet of sIgnIng. Therefore. there should
not be a problem with the ]ette~lng on that statIon: but Station 2 Is
In a resIdential area. CouncIl discussIon noted the ordInance Is
vague as to whether It Includes all letterIng such as that needed for
handIcapped parking and access. etc.. and questIoned the practicality
of the 32-square-foot rule applyIng to public/municipal structures
which need IdentifyIng signs. It was also pointed out that the
Special Use Permit process Is lengthy.
Council directed Staff to look at the ordInance relative to municIpal
uses. church. and schools In resIdentla] distrIcts which must have
IdentIfYing sIgns and suggest modificatIons to allow for that signing.
Councllmember Jacobson had a slmllIar probJem relatIve to sIgnIng at
the Meadowcreek Church on Bunker Lake Boulevard. Ms. Bosell cal led
the architect workIng on the church to come In for a SpecIal Use
Permit for the sign. After the application was made. Ms. Bosell saId
they could not get a SUP because of the sign already In front of the
old buildIng. The signs were on the approved drawIngs. and they were
of the opinion that everything was taken ca~e of. They do not want
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Regular City Councl] Meeting
MInutes - September 3, 1991
Page 2
(ResIdent Forum. ContInued)
to tear down the old one to put up a 32-square-foot new one. The
cement workers are scheduled to leave on Thursday. and they want to
have the monument for the sIgn done now or It wIll cost $3.500 extra
to have them come back next sprIng.
Mr. Haas stated the sIgn was dIscussed with the archItect when the
site plans were done. and Staff asked that the sIgn be taken off the
sIte plan. Mr. Carlberg stated a strIct InterpretatIon of the
ordInance would be only one sign Is allowed per lot frontage of only
four square feet. He felt the square footage applied to the sIgn
Itself. not to the base portIon. If the church has two lots. he
thought It may be possible to have a second sIgn.
After discussion, the Counc II suggested the Church construct the base
portion of the sIgn and Insert the sign when the ordInance has been
cl ar If led. They also felt the ordInance Is really defIcient. using
the example of a school with driveways 500 to 800 feet apart and
needIng IdentIfyIng sIgns at both entrances. FIre statIons. churches.
schools. etc.. need the signage. The majorIty on the Council did not
see a problem with the proposed signIng for the FIre Stations and the
Church. but they asked that the ordInance be addressed as soon as
possIble. Mr. Carlberg stated public hearings would be held by the
p & Z on September 24.
AGENDA APPROVAL
The followIng Items were added to the Agenda: Item 9a. Andover
RepresentatIve on DIstrict #15 FacilItIes CommIttee; and Item 18.
Change Order Timber Trails.
MOTION by Jacobson. Seconded by Perry. to approve the Agenda as
amended. Motion carried on a 4-Yes. l-Absent (SmIth) vote.
APPROVAL OF MINUTES
August 20. 1991: Correct as wrItten.
MOTION by Perry. Seconded by McKelvey. approval of Minutes of August
20. 1991. as written. Motion carrIed on a 3-Yes (McKelvey. Orttel,
Perry) . I-Present (Jacobson). l-Absent (Smith) vote.
SPECIAL USE PERMIT/DIESEL STORAGE TANK/13586 THRUSH STREET NW
Chairperson Peek revIewed the Planning Commission's recommendation to
approve a Special Use Permit requested by M & S Drywall to al low for
the Installation of a 1.000-gallon above-ground diesel stor-age tank.
The applicant has stated ther-e wIll be a concrete slab wIth dam and
curbing at the pump.
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ReguJar CIty CouncIl Meeting
Minutes - September 3. 1991
Page 3
(Specla] Use PermIt/DIesel Storage Tank/13586 Thrush St.. Continued)
MOTION by Jacobson. Seconded by Perry. a ResolutIon grantIng the
SpecIal Use Permit of M & S Drywall to locate a 1.000-gallon
above-ground diesel storage tank at 13586 Thrush Street NW. as
prepared with the change In Section 1. to read: The applIcant shaJ]
provide to the City. In wrIting. proof that the tank meets all State
requirements and Installation regulatIons. (See ResoJutlon RI36-91)
MotIon carrIed on a 4-Yes. l-Absent (SmIth) vote.
SPECIAL USE PERMIT/ACCESSORY STRUCTURE/17913 AZTEC STREET NW
Chairperson Peek reYIewed the Planning CommissIon's recommendatIon to
approve the Special Use PermIt request of Greg Smedsrud to constrct
an accessory wood-frame structure on a vacant parcel across the street
from his prImary dwellIng. Most of the neIghbors gaye testImony In
favor of the request. though one expressed concern over the possIble
undesIrable uses of the accessory structure If It Is sold In the
future. The applIcant Is not able to construct an accessory structure
on hIs primary lot. whIch borders the Rum RIver. because of the
restrIctIons of the ordInances. The applIcant Intends to use this
property for horses. That Is not a part of the SpecIal Use Permit.
though the applIcant was made aware of the EquestrIan CouncIl and
guIdelInes that must be followed. The CommIssion was concerned about
some lInkage between the primary structure and the accessory
structure, though the applicant Is not Interested In constructing a
prImary structure on thIs parcel. ChaIrperson Peek recommended the
CouncIl address the linkage Issue.
Mayor Orttel stated he has talked to the applIcant. who Is out of town
this evenIng. Apparently Mr. Smedsrud has collector cars and wishes
to house horses. and he Is IntendIng to purchase both Lots 6 and 7
across the street from hIs prImary structure. The sIze of the
accessory buIldIng Is limIted to the sIze of the square footage of the
principal structure by ordinance. which wIll be handled by the
BuIlding Department.
The Mayor's concern was that In the past the City has been very strIct
about allowing accessory structures prIor to a primary structure. Mr.
Smedsrud has stated he would have no problem makIng a deed linkage
regardIng use, that the accessory buIldIng would be allowed only as an
accessory use to his primary buildIng across the street untIl there Is
a main structure on that parcel. Chairperson Peek feJt the PlannIng
CommIssion would support that.
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Regular City CounciJ MeetIng
Minutes - September 3. 1991
Page 4
(SpecIal Use Permit/Accessory Structure/17913 Aztec. ContInued)
DiscussIon was then on the acreage needed to house horses. Attorney
HawkIns felt the Intend of the ordInance Is to have a minImum of 2.5
acres regardless of whether It Is one lot or contIguous lots under the
same ownership. The problem of selling one of the lots. leavIng less
than 2.5 acres. can be coyered by puttIng a provIsIon In the deed that
the IndIvidual lots could not be sold wIthout removal of the horses.
A restrIctive covenant would be recorded against the lots gIYlng the
CIty the authorIty to enforce It.
Mayor Orttel stated the problem Is Mr. Smedsrud Is buyIng two lots
which combine to over 3 acres. If the lots are combined. a pole barn
would be allowed. If they are combined. It Is unlIkely the CIty will
allow them to be spilt agaIn. Mr. Smedsrud would lose a lot of value
and tended to agree wIth retaInIng the two separate lots.
Councllmember Jacobson stated thIs Is not an accessory structure prIor
to the constructIon of a prIncIpal structure because the applicant
does not Intend to buIld the prIncipal structure. He dIdn't think
this perml t Is needed If there Is documentatlon that the two lots are
II nked I ega 1 I y . He wondered If this would be allowed If the parcel
was 1/4 mIle or 1 mile or farther from the lot of the primary
structure. feeling that could be a problem. Mayor Orttel stated
because there Is no prImary structure. this perml t Is needed eyen
though It will be JInked.
MOTION by Perry. Seconded by McKelvey. the ResolutIon grantIng the
SpecIal Use PermIt request of Greg Smedsrud to construct an accessory
structure at 17913 Aztec Street NW. wIth the followIng changes: first
paragraph. . WHEREAS. Greg Smedsrud has requested a SpecIal Use Permit
to construct an accessory structure on the property located at...·
because we don't antIcIpate there will be a princIpal structure: Add
Item 1. ·That the propertIes be lInked by restrIctive convenant.";
renumber the remainIng condItIons; and correct Item 3. "The applIcant
shaJI place the structure In accordance with the minimum requirements
of the desIgnated zonIng distrIct." (See ResolutIon R137-91) MotIon
carrIed on a 3-Yes (McKelvey, Orttel. Perry). I-No (Jacobson).
l-Absent (SmIth) vote.
CROSSTOWN BOULEVARD RECONSTRUCTION
Mr. Haas stated thIs Is an Informational Item regardIng the
reconstruction of Crosstown Boulevard from NIghtIngale to Hanson
Boulevard. It Is desIgnated MSA; therefore. curb and gutter would
most lIkely be 100 percent eligible. Counc II suggested the Staff
work with the county to have the storm sewer calculations submitted to
the state prior to havIng to make the decIsion on the road so the CIty
wI 1 I know what can be paid for out of MSA funds.
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Regular CIty CouncIl MeetIng
MInutes - September 3, 1991
Page 5
APPROVE TEMPORARY MOBILE HOME PERMIT/16947 VERDIN STREET NW
MOTION by Jacobson. Seconded by McKelvey. that the CIty CouncIl
authorize the 90-day temporary mobIle home permIt at 16947 VerdIn
Street NW. 90 days from today's date. MotIon carrIed on a 4-Yes.
l-Absent (SmIth) vote.
1992 FEE SCHEDULE/BUILDING DEPARTMENT
MOTION by Perry, Seconded by Jacobson. a ResolutIon establIshIng
permIt fees and servIce charges to be collected by the CIty of Andover
as presented. (See ResolutIon R138-91) Motion carried on a 4-Yes.
l-Absent (SmIth) vote.
AWARD BIDS/MISCELLANEOUS EQUIPMENT SALE
MOTION by Jacobson, Seconded by McKelvey, that the CIty CouncIl
authorIze the sale of equipment and merchandise as listed on the sheet
tItled "Miscellaneous EquIpment Sale" whIch Is on the Agenda for
tonight's meetIng as lIsted. MotIon carrIed on a 4-Yes. l-Asent
(Smith) vote.
ADOPT RESOLUTION/REIMBURSEMENT RULES
Attorney HawkIns advised the CouncIl Is beIng asked to adopt a
Resolution prepared by Dave Kennedy of Homes and Graven having to do
wIth the reImbursement expendItures from tax exempt bond proceeds.
MOTION by Jacobson. Seconded by Perry. the ResolutIon declarIng the
officIal Intent of the City of Andover to reImburse certain
expenditures from the proceeds of taxable or tax-exempt bonds to be
Issued by the CIty. as presented. (See ResolutIon R139-91) MotIon
carrIed on a 4-Yes. l-Absent <SmIth) vote.
APPROVE CHANGE ORDERS/FIRE DEPARTMENT BOND
Bob Peach. Bond CoordInator. reviewed the proposed change orders to
four of the trucks beIng buIlt for the FIre Department by Pierce and
AlexIs resultIng from the "prepaInt" InspectIons of the trucks. With
these changes. all changes to date amount to a 2.7 percent Increase to
the orIginal bId.
Mayor Orttel asked for a motIon to approve the Change Orders for the
trucks as presented for a total of $5.822.23.
MOTION by McKelvey. Seconded by Perry. to so move. Motion carried
on a 4-Yes. l-Absent (SmIth) vote.
Regular CIty CouncIl Meeting
Minutes - September 3. 1991
Page 6
(Approve Change Orders/FIre Department Bond, ContInued)
Mr. Peach asked for CouncIl approval to purchase the applIances for
the FIre Stations as lIsted In the Agenda material. Only mInor
changes were made to the Items prevIously approved by the CouncIl.
IncludIng the change of the large televIsIon to a smaller one. ThIs
evenIng he receIved updated InformatIon regardIng a cheaper
television. whIch he wIll Investigate. He wIll also check Into the
feasibilIty of purchasIng two smaller televIsIons with hangers versus
one larger one for the meetIng room. The bottom line. Including
shippIng. Is $8.559.20 for all Items lIsted.
MOTION by Perry, Seconded by Jacobson. approval of the purchase of
the bond equipment as presented In the memo of Sepotember 3. 1991. In
the amount not to exceed $8.559.20. Motion carried unanImously.
Mr. Peach stated they are requIred to purchase land In the northeast
portion of the CIty from the bond proceeds for the future Fire StatIon
3. The CommIttee has looked at about fIve sItes In the vIcInIty of
157th and Constance along Crosstown Boulevard. They have Informally
contacted the owners but have been turned down by most. The primary
sIte Is at the northeast corner of 157th and Crosstown; secondary site
In the southwest corner of that IntersectIon. If some agreement
cannot be made on one of these two sItes. It may be necessary to
InItIate condemnatIon. recognIzIng the bond money must be spent by
December 31. 1991.
Attorney Hawkins advised that If condemnatIon Is necessary. It sh ou ) d
be ordered at the next CouncIl meetIng. Mr. Almgren stated the
property owner on the southwest corner has expressed an Interest In
talkIng wIth the Department. Mr. Peach stated he would follow up on
that I tern.
Mr. Peach then updated the Council on the arrival of the new trucks.
expectIng one truck the thIrd week In September. two more around the
first week of October. and the last tanker about the middle of
October. StatIon 1 Is expected to be completed by October 1 and
Station 2 by October 15.
APPROVE CHANGE ORDER #5/FIRE STATION
Mr. Peach stated the change orders are to surface mount the boxes for
the telephones on the front and back doors of the statIons and change
the servIce on the aIr compressor In Station #2. The change order
shows the qualIty of one outlet box. but three are beIng Instal]ed and
the unIt prIce of $689 should be for all three.
MOTION by Jacobson, Seconded by Perry. Change Order No. 5 on the
conditIon that the telephone outlet boxes. the amoun t 1 I sted there Is
for three and not for Just one. MotIon carried on a 4-Yes. l-Absent
<SmIth) vote.
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ReguJar CIty Council Meeting
Minutes - September 3. 1991
Page 7
UTILITY MAINTENANCE PERSON REPLACEMENT
Mr. Schrantz recommended Scott Protlvinsky be promoted to fill the
vacancy left by Brian Kraabel. The City wIll then advertise to fIll
Mr. Protlvlnsky's position. He also recommended a wage Increase to
$10.60 per hour with a 40-cent Increase after six months.
The Council was concerned about setting the saJary beyond thIs
Increase. feeling that should be determined based on merit.
MOTION by Perry. Seconded by Jacobson. that we accept the Staff
recommendation to promote Scott P.otIvInsky to the UtilIty Maintenance
Person position and that his wages be Increased to $10.60 per hour
wIth an Incremental Increase at six-month periods dependent upon
performance. Motion carried on a 4-Yes. l-Absent (Smith) vote.
ANDOVF.R REPRESENTATIVE ON DISTRICT #15 FACILITIES COMMITTEE
Mayor Orttel read the letter from School DIstrict #15 asking for an
Andover City CouncIl representative on theIr Facilities CommIttee.
MOTION by Orttel. Seconded by Jacobson. to appoint Marge Perry to
the FacilIties Committee for District #15. Motion carried on a 4-Yes.
l-Absent (SmIth) vote.
NON-DISCUSSION ITEMS
MOTION by Jacobson. Seconded by Perry. to move affirmatIvely on
tonIght's meeting agenda Items 11. 12. 14. and 16. (See the
following:
ResolutIon R140-91 - Award Bld/IP91-10/159th Lane. SWallow. Quinn
to Central Landscaping, Inc.. $93.298
Resolution R141-91 - Accept PetItion/Order FeasibIlity/Street
LIghtlng/Northglen
Remove stop signs/Old Constance and UnIversIty
ResolutIon R142-91 - Accept PetitIon/Order FeasibilIty/Street
Lighting/Lund's Evergreen Estates 2nd-4th
Additions)
Motion carrIed on a 4-¥es. l-Absent (Smith) vote. The Council also
directed Staff to look at the policy of the City paying for the street
lights at IntersectIons with county roads once the adjoIning
neighborhood has lights. They asked that It be researched as to the
costs to the City and how much It would add to put those expenses on
the resIdentIal billIngs.
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Regular CIty CouncIl Meeting
Minutes - September 3. 1991
Page 8
AMEND WATER ORDINANCE
MOTION by Jacobson. Seconded by Perry. Ordinance 55I. amendIng
OrdInance No. 55. known as the MunIcipal Water System OrdInance.
Section 30 - Action to Collect Charges. to read: "In the event a user
falls to pay his water user fee within a reasonable period of time (90
days) . the servIce may be discontinued and saId fee shall be certified
by the City Clerk...· Motion carried on a 4-Yes. l-Absent (Smith)
vote.
SCHEDULE JOINT MEETING WITH PARK COMMISSION
Mayor Orttel asked for a motion to set a Joint meeting with the Park
and Recreation Commission on October 3. 1991. 7:30 p.m.
MOTION by Jacobson. Seconded by McKelvey. to so move. MotI on
carried on a 4-Yes, l-Absent (Smith) vote.
CHANGE ORDER/TIMBER TRAILS
Mr. Haas explained the 250 yards Is needed to make the site balance.
It wi 1 I come from other areas withIn the park. Counc II expressed
concern that the contract for the entire park Is $8.000, yet the
estimate to move 250 yards of dirt on site Is not to exceed $3.000.
MOTION by Jacobson. Seconded by Perry. to authorize up to $1.500 for
change order In TImber TraIls Park for extra gradIng to level the
field to make up for dirt which was not anticipated to be moved.
Motion carried on a 4-Yes. l-Absent (Smith) vote. It was noted the
money Is coming out of the Park DedicatIon fund.
MAYOR AND COUNCIL INPUT
WDE Site - Mayor Ortte] stated the City has heard from the Federal
Government regarding the WDE site. Apparently there has been an order
to begin work but the City has not been made a responsible party to
the Agreement.
Dumping next to SuperAmerIca StatIon - Councilmember Jacobson noted
there has been dumping of cement, blacktop. etc.. on the empty lot
next to the SuperAmerlca StatIon on Bunker Lake Boulevard. Staff
stated they will check Into the matter.
Police Calls - Mayor Orttel noted the most frequent calls made by the
Deputies In Andover are for false alarms. animal control and domestic
assaults. In a brief discussion. It was felt that having the
Deputies respond to anImal complaints is a waste of money. expressing
hope that a solution can be found regardIng animal control.
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Regular CIty CouncIl MeetIng
MInutes - September 3. 1991
Page 9
APPROVAL OF CLAIMS
MOTION by Perry. Seconded by McKelvey. the Schedule of BIlls for
9-3-91 In the amount of $442.509.15. MotIon ca~rIed on a 4-Yes.
l-Absent (SmIth) vote.
MOTION by Jacobson to adjourn. Mayor Orttel dec]ared the meetIng
adjourned at 9:13 p.m.
Respectfully submItted.
\\l,~c:~l
Ma ella A. Peach
Recording Secretary
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