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05-18-82 City Council MinutesRegular Meeting of the City Council May 18, 1982 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 18, 1982 at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; Assistant City Attorney, Allen Barnard; and Deputy City Clerk, Judy Nally. Approval of Minutes - May 4, 1982 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the minutes of the City Council meeting of May 4, 1982, as submitted. Approval of Agenda MOVED by Mitchell, seconded by Anderson and motion carried unanimously to approve the agenda of May 18, 1982, as amended: Addition of Item 1F5: *Solicitor's License - Golden Valley Little League Addition of Item 6E: I-394 Update Addition of Item 6F: Change of Parking Resolution Approval of Consent Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding item 1F5. *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #7711 to #7728 and heating licenses #5379 to #5381. *Off -Sale Liquor License Renewals MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the renewal of off -sale liquor licenses to: Byerly's, Boulevard Cafe, MGM Liquor Warehouse, White House Restaurant and Schuller's Tavern. *Solicitor's License - Dean Colliander MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Dean Colliander. *Solicitor's License - Bernice Springer MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Bernice Springer. Regular Meeting of the City Council *Solicitor's License - Golden Valley Little League May 18, 1982 MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for the Golden Valley Little League. *Liquor License Violation - Westview Liquor Store MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the memo from the City Attorney, and to set a hearing for June 15, 1982 to review the license violation. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - April 29, 1982 Tax Exempt Finance Committee - April 9, 1982 Planning Commission - May 10, 1982 Board of Zoning Appeals - May 11, 1982 Council/Manager Meeting - January 12, 1982, February 9, 1982, March 9, 1982,. April 13, 1982 and May 11, 1982 Planning Framework for Human Rights Commission Committees MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the planning framework for the Human Rights Commission committees. *Call for Public Hearing - Amendment to PUD #28 - Pondwood Office Park - 6/15/82 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider the proposed amendment to PUD #28, Pondwood Office Park for June 15, 1982. *Call for Public Hearing - Revision to Zoning Ordinance - Commercial Zoning District - 6/15/82 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to revise the Commercial Zoning District section of the zoning ordinance for June 15, 1982. Public Hearing - 6681 Country Club Drive - Special Use Permit - Surgical Center Gary Gandrud - Dr. Steve Fisaka - Proponents - were present to review the project and answer questions from the Council. Lloyd Tubman - Planning Commissioner - stated that the Planning Commission recommended approval of the project with the following conditions and answered questions from the Council: 1. That the proponents understand, and the City Council stipulate, that the surgical center would not ask for, nor would they be permitted to expand the building on this site at any time in the future beyond 31,960 square feet of gross floor area. 2. That all parking information be provided relative to this building and proposed expansion prior to City Council action on this matter. Regular Meeting of the City Council May 18, 1982 Public Hearing - 6681 Country Club Drive - Special Use Permit - Surgical Center - Continued Allen Barnard recommended that the City and the applicant enter into a contract which specifically provides for inforceability of the conditions. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dennis Jackson - 6745 Country Club Drive - He stated that the neighbors do not object to the project and agree with the Planning Commission recommendation. The Mayor closed the public hearing. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve the application for a special use permit for the West Metro Surgical Center and that they understand and stipulate in a contract that no future expansion be approved beyond 31,960 square feet proposed at this time. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing Continued - General Plan Approval - PUD #35 - Busch Site Office/Warehouse Liv Hornland - Coldwell-Banker - Representing the Proponent - answered questions from the Council. Jeff Sweet recommended that the Council defer action on this project until June 15, 1982. Lloyd Tubman - Planning Commissioner - stated that the Planning Commission recommended approval and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Mitchell, seconded by Anderson and motion carried unanimously to defer consideration of PUD #35 until June 15, 1982. Public Hearing Continued - Street Vacation - Busch Street Liv Hornland - Coldwell-Banker - Representing the Proponent - answered questions from the Council. Jeff Sweet recommended that the Council defer action on this project until June 15, 1982. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Stockman, seconded by Anderson and motion carried unanimously to defer consideration of the vacation of Busch Street until June 15, 1982. Regular Meeting of the City Council May 18, 1982 Public Hearing - Easement Vacation - Golden Valley Lutheran College Council Member Stockman abstained from the discussion and voting on this issue, stating a potential conflict of interest. Jeff Sweet reviewed the easement vacation. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION FOR VACATION OF WATER MAINS AND APPURTENANCES FOR GOLDEN VALLEY LUTHERAN COLLEGE The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell and Thorsen, and the following abstained: Stockman, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Page 2.97. Public Hearing - Second Reading - Revision of Zoning Ordinance - Planned Unit Development MOVED by Mitchell, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Planned Unit Development) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Public Hearing - Second Reading - Revision of Zoning Ordinance - Open Development Zoning District MOVED by Mitchell, seconded by Anderson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Open Development Zoning District) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Regular Meeting of the City Council May 18, 1982 Public Hearing - Second Reading - Revision of Zoning Ordinance - Institutional Zoning District MOVED by Stockman, seconded by Mitchell and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Institutional Zoning District) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Public Item - Approval of 1982-1986 Capital Improvement Program Jeff Sweet reviewed the changes to the Capital Improvement Program and answered questions from the Council. Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1982-1986 CAPITAL IMPROVEMENT PROGRAM Letter from Wayne DeTuncq Regarding Assessments Wayne DeTuncq - 1830 Glenwood Parkway - was present to request that his assessment be removed from the assessment roll for a watermain project installed in his neighborhood. Lowell Odland reviewed the project and answered questions from the Council. MOVED by Stockman, seconded by Anderson and motion carried unanimously to deny the request from Wayne DeTuncq to remove his assessment from the assessment roll for the watermain project. *Petition to Close the Access Road Between East Bound TH 55 and the South Frontage Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider requesting MnDOT to close the access road between east bound TH 55 and the south frontage road for June 15, 1982. *MnDOT Notification of Funding for Zane Railroad Bridge MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the notification from MnDOT, dated May 11, 1982, regarding the funding for the Zane railroad bridge. The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Pages 298-306. Letter from Wayne DeTuncq Regarding Assessments Wayne DeTuncq - 1830 Glenwood Parkway - was present to request that his assessment be removed from the assessment roll for a watermain project installed in his neighborhood. Lowell Odland reviewed the project and answered questions from the Council. MOVED by Stockman, seconded by Anderson and motion carried unanimously to deny the request from Wayne DeTuncq to remove his assessment from the assessment roll for the watermain project. *Petition to Close the Access Road Between East Bound TH 55 and the South Frontage Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider requesting MnDOT to close the access road between east bound TH 55 and the south frontage road for June 15, 1982. *MnDOT Notification of Funding for Zane Railroad Bridge MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the notification from MnDOT, dated May 11, 1982, regarding the funding for the Zane railroad bridge. 94 Regular Meeting of the City Council May 18, 1982 Resolution from Metropolitan Council Recognizinq the Contributions of Mary Anderson MOVED by Stockman, seconded by Mitchell and motion carried unanimously to receive and file Resolution 82-70, from the Metropolitan Council, recognizing the contributions of Mary Anderson to the Metropolitan Council and citizens of the Twin Cities area and officially record the Council's congratulations. *RSL 122 - Extension of Deadline for Submittal of Petition MOVED by Johnson, seconded by Stockman and motion carried unanimously to extend the deadline for submittal of a petition from Jerry Fluguear to install ornamental street lights to the June 1, 1982 Council meeting. Laurel Avenue Sidewalk Lowell Odland reviewed the project, funding and other possible sidewalk projects. MOVED by Anderson, seconded by Stockman and motion carried unanimously to receive and file the staff report regarding the Laurel Avenue sidewalk and request that this item be placed on the the June Council/Manager agenda for the purpose of reviewing the total proposed sidewalk program. Status of Use Permit - PUD #32 - Oak Brook Office Park Jeff Sweet updated the Council on the status of the Use Permit for PUD #32. MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the memo from Jeff Sweet regarding PUD #32 and direct the staff' to take the necessary action to implement the exchange agreement and to report back to the City Council at the June 1, 1982 Council meeting. Authorization to Sign Use Permit - PUD #34 - Golden Valley Lutheran College Council Member Stockman abstained from the discussion and voting on the issue, stating a potential conflict of interest. MOVED by Johnson, seconded by Mitchell and motion carried to authorize the Mayor and Manager to sign the use permit for PUD #34. MOVED by Anderson, seconded by Mitchell and motion carried that the Council indicates that it approves the landscape plan as presented and approved by the Building Board of Review for PUD #34. Approval of Final Plat - Halseth Addition Lowell Odland reviewed the plat for Halseth Addition. Member Anderson introduced and read the following resolution and moved is adoption: RESOLUTION FOR ACCEPTANCE OF PLAT - HALSETH ADDITION 1 Regular Meeting of the City Council May 18, 1982 Approval of Final Plat - Halseth Addition - Continued The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Pages 307-308. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to direct the Mayor and City Clerk to execute the City's approval on the plat of Halseth Addition, subject to the payment of $5,000 cash in lieu of park land and open space dedication by the proponent, said $5,000 representing the customary 10% requirement based upon the value of one new development parcel as created by said plat. *Change Brookview Checking Account to Savings Account Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION CHANGING BROOKVIEW CHECKING ACCOUNT TO SAVINGS ACCOUNT The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Page 309. *Call for Public Hearing - Kraus -Anderson - Industrial Revenue Bond Application - Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. See Resolution Book Pages 310-312. *First Reading - Establishing New Election Precincts Ordinance MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendement entitled: AN ORDINANCE AMENDING THE CITY CODE (Establishing New Election Precincts) MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title. Regular Meeting of the City Council May 18, 1982 *April Budget Report MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the budget report for April, 1982. Budget Adjustments - Parks and Recreation Jeff Sweet reviewed the budget adjustments and answered questions from the Council. MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the recommended revisions for Park and Recreation and Brookview Budgets. MOVED by Anderson, seconded by Thorsen and motion carried unanimously to approve a transfer of $4,445 from the General Contingency to the Park Maintenance Account. Budget Adjustments - Homestead Credit Reduction Jeff Sweet reviewed the budget adjustments and answered questions from the Council. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve the recommended budget reductions and request the Manager to bring back a revised budget. Street Construction and Maintenance Materials - Bids Lowell Odland reviewed the bids for street construction and maintenance materials. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to award the bid for oil to Koch Asphalt for the base bid of $0.8239. Koch Asphalt was awarded the bid because they are the only one who bid base bid and a vast majority of supplies are MC 30,70,250 making it uneconomical to split the purchase. The bids were as follows: Koch Asphalt L. N. Sickels Co. MC 30,70,250 Base Bid $0.8239 Alternate $0.8000 Alternate $0.80 RC 250,800 Base Bid $0.9239 Alternate $0.9000 Base Bid $0.9230 Alternate $0.9000 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to award the bid for street construction and maintenance material to the following low bidders: Bidder Material Amount Kraemer Class 2 Aggregate $ 5.00 Bryan Dresser Seal Coat Aggregate 10.26 Barton Sand & Gravel Co. Winter Sand 3.19 J. L. Shiely Co. Crushed Rock 5.50 Midwest Asphalt Co. Binder Stone 5.90 Commerical Ashpalt Co Plant Mix 2341 15.20 C. S. McCrossan, Inc. Plant Mix 2331 19.50 Wearing Course/Mix 11.70 Bituminous Materials/Mix 170.00 D. L. M. Company, Inc. Rec Rock 4.45 The quotes are attached and made a part of the minutes as Exhibit A. 1 1 Regular Meeting of the City Council 81 SS 3 - Radisson Road - Bids May 18, 1982 MOVED by Mitchell, seconded by Stockman and motion carried unanimously to award the bid for 81 SS 3 to Erickson Construction, Inc., the lowest responsible bidder, for $16,528.00. The bids were as follows: Bidder Amount Bid Corrected Bid Erickson Excavating, Inc. $16,488.00 $16,528.00 Bonine Excavating, Inc. 27,809.62 Burschville Construction 19,897.00 F. F. Jedlicki, Inc. 18,852.00 Gridor Construction 18,282.50 0 & P Contracting 20,147.52 18,947.32 Orvedahl Construction 27,850.00 Ro-So Contracting 17,980.00 Sullivan's Services, Inc. 22,987.00 T & S Excavating Inc. 19,986.95 *1982 Road Striping Program - Quotations MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the centerline and lane striping of city streets for 1982 from the lowest responsible bidder, Twin City Striping, for $0.04 per linear foot of painted line. The quotes were as follows: Twin City Striping $0.04 per linear foot AAA Striping Service Co. 0.045 per linear foot Deneson Striping Co. 0.055 per linear foot *Summer T -Shirts - Quotations MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the purchase of summer T-shirts from Kokesh for $1,182.50. The reason for purchasing the shirts from Kokesh is: 1) the Park and Recreation Department has had problems in the past with the screen quality and delivery date of shirts from Gopher Athletic, 2) the delivery date from Gopher Athletic is 5 to 6 weeks, as compared to Kokesh's delivery of 3 to 4 weeks; and 3) the Department has dealt with Kokesh on many sporting items and have had not problems in the past. The quotes were as follows: Kokesh Gopher Athletic General Sports $1,182.50 1,126.50 1,479.25 *Amendment to Contract with Hennepin Countv Assessor MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the Mayor and Manager to enter into Contract No. 70477 to extend the existing contract with Hennepin County to perform as assessor for Golden Valley for the next four years. Regular Meeting of the City Council Announcements of Meetings May 18, 1982 The Council set June 15, 1982 from 4:00 PM to 6:30 PM in the Gold Room as the next Council/Manager meeting. Council Member Stockman and Mayor Thorsen will meet on May 20, 1982 at 4:30 PM at Brookview with the Brookview Study Committee. The Housing and Redevelopment Authority will meet on May 19, 1982 at 4:30 PM in the Gold Room. Commission Appointment to Open Space and Recreation Commission MOVED by Stockman, seconded by Johnson and motion carried unanimously to appoint Jennifer Kahlow to fill the term vacated by Dick Lyons on the Open Space, and Recreation Commission. Team Sports Facilties Committee Report MOVED by Stockman, seconded by Mitchell and motion carried unanimously to appoint Hall Younghans as the Open Space and Recreation Commission representative to the Team Sports Facilities Committee and to appoint him Chair of the Committee. Criteria for City Installation of Waiting Shelters MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the staff memo regarding passenger waiting shelters and to accept the staff recommendation that the City not assume responsibility for shelter installation. The Mayor will draft a form letter to residents who request installation of shelters. I-394 Update Mayor Thorsen updated the Council on the status of I-394. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the Mayor to contact our congressional delegation and draft a letter to the President regarding our continued opposition to I-394. Change in Parking Resolution Council Member Stockman informed the Council of the parking situation. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON NORTH FRONTAGE ROAD OF U.S. TRUNK HIGHWAY 12 The motion for the adoption of the foregoing resolutin was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Pages 313. Regular Meeting of the City Council Adjournment May 18, 1982 MOVED by Mitchell, seconded by Anderson and motion carried unanimously to adjourn the meeting at 9:30 PM. 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