HomeMy WebLinkAbout07/19/1983 Special Meeting/Study Session JULY 19, 1983 23
SPECIAL MEETING
The City Council met in session on this date at 11:45 a.m. in the
Suncrest Room of the Holiday Inn Motel in a luncheon meeting with the
Planning Commission. Council members present were Mayor Lynn
Carmichael, Clarence Barnett, Lynn Budianan, Shirley Doty and W. K.
"Pete" Mbbre. Beauchamp and Sparling absent.
The Council held general discussion on various City matters relating to
planning issues. No formal action was taken.
There being no further business to cane before the Council, it was MOVED
by Barnett, seconded by Doty to adjourn the meeting at the hour of 1:00
II/
STUDY SESSION
The City Council met in session on this date at 2:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Lynn Carmidhael, Clarence Barnett, Henry Beaudhamp, Lynn Budhanan,
Shirley Doty, W. K. "Pete" Moore and Jack Sparling.,
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Doty expressed her approval of the sidewalks
being installed on Lincoln and 36th Avenue and questioned if
the ;1 gas tax was the funding source for this construction.
City Manager Zais responded affirmatively.
It was MOVED by Doty, seconded by More to reappoint Deborah
Patterson to the Planning Commission. Unanimously carried by
voice vote.
Council member Doty commented Larry Wright, Assistant Director
of Community and Economic Development, has an item to bring
before Council for consideration. Larry Wright informed
Council the Yakima Basin Joint Board (YBJB) will be meeting
this Friday, July 22, 1983 to discuss the visitation of
several state and federal legislators who have been invited to
tour the various agricultural projects and hydroelectric
sites. He questioned if the City would like to provide the
bus transportation for a tour of these areas. Discussion
followed regarding the City's involvement with the Yakima
Basin Joint Board. Larry Wright indicated August 19 was the
date scheduled for the tour, at Which time the bus
transportation would be needed. Council member Doty suggested
it would be appropriate for the entire Council to accompany
the legislators on this tour. It was MOVED to
provide requested transportation for the committee and
legislators for the purpose discussed. The motion died for
lack of a second. Council member Moore suggested this item
II/ , should be moved down under the Business portion of the
meeting. It was MOVED by Beaudhamp, seconded by Moore to move
this item down to Item No. 8a. under the Business portion of
the meeting. Unanimously carried by voice vote.
City Manager Zais addressed the information City Attorney
Andrews distributed regarding the legal opinions he received
. from the General Counsel for Municipal Research and Services
. Center regarding the effect of the recent arrendirent to the
Open Public Meetings Act. City Attorney Andrews invited
Council to contact him if they had any questions on the
qpinion. He stated Page 4 of the report indicates the recent
ruling on the open Public Meetings Act does not apply to
working committees of the Council.
Mayor Carmidhael addressed the report from the Transit
Subcommittee of July 19, 1983 distributed prior to the
meeting. She indicated the report is not for discussion at
this time, however, she indicated the wording would need to be
changed on page 2 of the report Which addressed Council's
action regarding discussion of the proposed relocation of the
Transit systeM's staging area.
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JULY 19, 1983
Mayor Carmichael invited Council members to participate in the
Association of Washington Cities convention August 12, 1983 at
Which time discussion of future legislation to eliminate same
of the room tax money will be discussed. She expressed her
concern regarding the _proposed legislation's effect on the
expansion of the Yakima Convention Center. City Manager Zais
informed Council a feasibility study for the Convention Center
expansion will come before Council in the future. Council
member Sparling expressed his interest in seeing a quarterly
report on the Convention Center's payout ratio and questioned
if Council could obtain this report. Council members Doty and
Moore also expressed their interest in reviewing the quarterly
report. Council member Moore urged all Council nembers to
attend the August 12 AWC Convention due to the topic of room
tax revenue and its effect on the City's plans to expand the
Convention Center.
Mayor Carmichael informed Council she was contacted by Dorothy
Reid, Margaret Coffin Holnes' daughter, requesting a meting
with three Council members and her attorney to discuss the
manner in Which her mother's bequest of $20,000 was to be
utilized. August 2nd at 11:00 a.m. was set as the time of the
meeting with Council members Moore, Beauchamp and Sparling in
attendance.
Mayor Carmichael commented on the successful luncheon meting
with the Planning Commission today and suggested the Council
consider meeting with other Boards and Commissions of the
City. She suggested these ffeetings could be held on a once a
month basis and questioned Council's interest in this.
Council member Doty suggested an alternative of fleeting every
two months versus once a month. It was the consensus of the
Council to met with the Downtown Area Redevelopnent Committee
(DARC) in September.
2. DISCUSSION RB3ARDINU DESIRED MEETINGS SCHEDULE AND AGENEIN FORMAT
(BASED ON COUNCIL DECISION OF 7/12/83)
Mayor Carmichael informed Council the ordinance passed on June
28, 1983 designated the meeting to begin at 2:00 p.m. except
for quarterly evening neetings to begin at 6:30 p.m. She
stated the ordinance did not address the neeting format or
agenda, but the time of the-meeting only. She questioned if
Council would like to consider giving additional time to the
Study Session and, therefore, change the time of the meeting
to begin at 1:30 p.m. versus the current established time of
2:00 p.m. Council member Barnett stated he preferred the
original time of the meetings; ,Study Session beginning at
1:30 p.m. and the Business meeting beginning at 3:00 p.m., as
the 2:00 p.m. neeting tine does not allow sufficient time to
address Council itens properly. Council member Moore stated
he was in favor of the temporary neeting format erein Study
Sessions and Business meeting were alternated and began at
2:00 p.m. as this saved staff time. Referring to the agenda
format, Mayor Carmichael addressed the current placement of
Audience Participation on the Agenda and questioned if this
item could be placed at the end of Agenda so that citizens
present for specific itens on the agenda would not have to
wait. Council comber Barnett stated he was in favor of
Audience Participation remaining at the beginning of the
meeting. Council member Doty concurred with Council minter
Barnett. It was the general consensus of the Council to leave
the Agenda fonnat as it exists now. Council member Doty
inquired if the City Manager could possibly group Study
Session itens so that one week a particular Division would
have one or two items at a neeting, to then refrain from
scheduling any itens for that Division for the next week's
meting. She questioned if this was possible as it appears
this procedure would save staff time. City Manager Zais
responded, indicating he would try to be attentative to this
suggestion, however, it is sometimes hard to schedule itens in
this manner due to the timeliness involved with specific
items. It was MDVED by Doty, seconded by Moore to consider
this item as Item 8b. under the Business portion of the
meeting. Carried 6-1 voice vote. Barnett voting nay.
JULY 19, 1983 2
3. REPORT FROM COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING CITY OWNED
PROPERTIES
Larry Wright, Assistant Director of Community and Economic
Development, informed Council that staff has compiled a series
of maps for Council's review regarding City owned property.
Referring to the maps on the wall, he explained the color
coding system which identified the various uses of the
properties. Council member Doty expressed her appreciation
for the maps and the color coding system staff had devised.
Larry Wright indicated staff will proceed to finalize the
maps.
4. REPORT FROM FINANCE REGARDING INSURANCE PREMIUM 'SAVINGS, POLICY
IMPROVEMENTS AND CLAIMS HISTORY
Council member Budzanan was excused from this item due to a
possible conflict of interest.
Addressing the area of insurance improvements contained in
staff's report, John Hanson, Director of Finance & Budget,
informed Council of a ten million umbrella policy limit
offered by Fred S. James Insurance Company versus a six
million policy limit offered by Conover Insurance Company. He
informed Council of staff's recommendation to raise the City's
umbrella liability limit from six million to ten million at an
additional premium of $2,000 annually. He stated Conover
indicated that this is a small cost for the additional four
million dollars worth of liability coverage. Mr. Hanson also
addressed vehicle collision coverage and suggested coverage be
added for all fire trucks and buses due to the relatively
small premium for this coverage. Referring to insurance cost
savings, Mr. Hanson informed Council the actual dollar savings
to date for insurance for all funds, comparing budget versus
actual expenditures for 1983, is slightly over $169,000. He
stated the claims history indicates that the City had not
encountered considerable claims this year. Council member
Barnett requested clarification if the $10,000 deductible for
the City's bus collision coverage was per accident, or for the
life of the policy. John Hanson responded, indicating the
deductible was per accident. Council member Doty expressed
' her concern regarding the need for the proposed his collision
coverage and requested a collision history for the City buses.
John Hanson responded, informing Council that collision
coverage is different than liability coverage and indicated he
did not believe there was a good documented history of
collision coverage. Mr. Hanson referred to staff's report and
recommended Item d.) coverage for the City's eighteen buses,
at a $10,000 deductible, at a cost of $1,674 annually.
Discussion followed regarding collision coverage for City
buses and the collision costs incurred in the past. Council
member Barnett requested clarification of Exhibit I regarding
Insurance Premiums. Addressing the umbrella coverage policy,
it was the consensus of the Council that the six million
dollar umbrella coverage is sufficient. John Hanson
reiterated that for the amount of additional coverage, the
premium is relatively low. Glen Williams, Conover Insurance
Company, was present to provide a history of the City's past
participation regarding umbrella coverage and responded to
Council's questions. It was MOVED by Doty, seconded by Moore
to reconsider this item as Item 8c under the Business portion
of the meeting. Carried by 5 -1 voice vote. Barnett voting
nay. Buchanan excused due to a possible conflict of interest.
BUSINESS MEETING
5. ROLL CALL
At 3:00 p.m., the Council members commenced the regular
meeting, Mayor Carmichael presiding, Council members Barnett,
Beauchamp, Budzanan, Doty, Moore and Sparling and City Manager
Zais and City Attorney Andrews present on roll call.
_
26
JULY 19, 1983
6. INVOCATION
The Invocation was given by City Manager Zais.
7. CONSENT AGENDA
Mayor Carmichael referred to the Items placed on the Consent
Agenda, questioning Whether there were any additions or
deletions from either Council members or citizens present.
Council member Barnett requested Item No. 11 bP added to the
Consent Agenda. Council member Doty commented she would agree
to adding this to the Consent Agenda, however, she wanted to
state she would still like the City to attract top flight
individuals. It was the general consensus of the Council that
the addition of Item No. 11, as requested, be made. The City
Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED by Barnett,
seconded by Buchanan that the Consent Agenda, as read, be
passed. Unanimously carried by roll call vote.
8. STUDY SESSION ITEMS
A. Item No. 1
Referring to the transportation request for legislators to
tour the Yakima Basin Joint Board's agricultural and
hydroelectric sites, it was MOVED - by Sparling, seconded by
Beaudhamp to authorize the use of City buses for the
transportation purposes as outlined by staff. Unanimously
carried by voice vote.
B. Item No. 2
Council member Moore provided background history on the item
of Council meeting fotlitit changes for Council member Sperling
as he was absent from prior discussions on this item. It was
MOVED by Doty that the Council reconsider the temporary
meeting schedule that Council was following for the months of
May, June and July, 1983. The motion died for lack of a
second. City Attorney'Andrews suggested Council reconsider
the resolution proposed last week which would amend the City
Council Rules of Procedures regarding Council meeting schedule
and order of business. It was MOVED by Doty, seconded by
Moore to reconsider the resolution referring to the formal
adoption of the temporary meeting sdheduie. Failed by 3-4
voice vote. Barnett, Beaudhamp, Carmichael and Spading
voting nay. Following discussion regarding the appropriate
starting time of the Council meeting, it was MOVED by Moore,
seconded by Doty to direct staff to bring back an ordinance
Whidh would amend the meeting time from 2:00 p.m. to 1:30 p.m.
Referring to the ordinance passed June 28 Which deleted the
5th Tuesday of a month as a meeting date, City Attorney
11/
Andrews questioned if Council wished to reconsider that
action. It was the general consensus of the Council not to
amend the ordinance. The question was called for a vote on
the motion. Carried by 4-3 voice vote. Barnett, Beauchamp
and Sperling voting nay.
C. Item No. 4
Council member Buchanan excused due to a possible conflict of
interest. It was MOVED by Doty, seconded by Beauchamp to
amend the insurance policy to include insurance coverage for
fire apparatus only as outlined in Item C of staff's report.
Unanimously carried by voice vote. Buchanan abstaining due to
a possible conflict of interest.
*9. MINUTES
The Council minutes of June 28 and July 7, 1983, were
approVed, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
JULY 19, 1983 27
10. AUDIENCE PARTICIPATION
a. Appearance by Dr. Habeck regarding major or minor modification
of a Planned Development for property at 34th Avenue and
Tieton Drive.
Dr. D. A. Habeck summarized his January 25, 1983, request for
a major modification to an office building at 3502 Tieton
Drive, Wherein he requested to elevate the center of the
building by approximately five feet, of which two neighbors to
the north had objected. Subsequently, the request for the
modification was denied. Addressing the modification request
before Council today, Dr. Habeck informed Council his most
recent request involved a dhange the angle of the middle of
the roof of which he provided sketches for Council's review.
He stated the new modification would kick out the roof angle
in the middle of the building and would not flange the height
of the building at any point. He informed Council this
request carries some urgency due to the temporary condition of
the building at this time and requested Council provide
guidance as to What can be done with the_ building before
winter. Dr. Habeck responded to- Council's questions,
clarifying the most recent proposed design of the building.
Council member Sparling inquired when the Planning Commission
would be meeting next. Larry Wright, Assistant Director of
Community and Economic Development, informed Council the next
Planning Commission meeting would be September 6, 1983. It
was MOVED by Sparling to consider this request as a minor
modification. Motion died for lack of a second. George
Sanford, 424 So. 35th Avenue, questioned if this was a
hearing. Mayor Carmichael responded negatively, informing Mr.
Sanford if Council were to determine this was a minor
modification today, then action would be taken this afternoon;
if Council were to determine this was a major modification,
the proper channel would be to refer this item to the Planning
Commission to then go through the appropriate hearing process.
Mr. Sanford expressed his concern that his neighbors were not
notified that this item was to come before the Council today
and indicated he wanted a letter he had recently written to
the Planning Division made part of the record. Mr. Sanford
expressed his concern that the welfare of the neighborhood
will be affected by the request proposed today and stated he
was in opposition to the modification. He commented he felt
this modification request should have cone through the proper
channels of the Planning Commission. Council member Barnett
expressed his concerns of this item being placed under
Audience Participation on_ the Agenda and agreed this item
should go through the Planning Commission and follow the
proper procedures. As a point of clarification, City Manager
Zais informed Council staff's opinion on this is that the
normal procedure would be to refer it to the Planning
Commission and specify it as a major modification, however,
Dr. Habeck disagrees with that position and he specifically
requested consideration by the Council today. Council
member Buchanan referred to staff's report, Wherein the
Planning Commission stated the request could be considered a
minor modification only if the neighbors were contacted and
there were no objections, and due to the objections today,
this would eliminate the option of a minor modification.
Council member Doty addressed Mr. Sanford and Mr. Brisky,
questioning if it was clear in their minds that the suggested
modification today would not block their view any further
because the projection will not be any higher than the present
roof - line. Mr. Sanford stated he was concerned about office
windows to the north and south which would decrease his and
his neighbor's privacy. Mr. Sanford stated he considered the
entire dhange a major nrdification_and stated he felt this
issue was settled in January When the request for a major
modification was denied. It was MOVED by Moore to refer this
item to the Planning Commission as a major modification. _The
motion died for lack of a second. Council member Doty
questioned When the Planning Commission heard this most recent
request. Larry Wright responded, providing background
information. It was MOVED by Barnett to refer this request to
28
JULY 19, 1983
the Planning Cammission as a major modification to a Planned
Development. The motion died for lack of a second. Council
member Beaudhamp stated he felt the request to change the
building would not detract from the neighborhood, but enhance
the building's appearance. It was MOVED by Beauchamp,
seconded by Sparling to declare this request a minor
modification. Referring to staff's response, Council member
Doty expressed her concern that the Planning Commission
indicated that the requested change could he considered a
minor modification only if the neighbors of adjacent property
were contacted by staff and there were no further objections.
She stated that Larry Wright had gone out and talked with Mr.
Sanford and Mr. Briskey and they were opposed. Council member
Barnett expressed his concern of staff's report %hidh did not
provide measurements of the proposed change design. Marlan
Briskey, 426 S. 35th Avenue, expressed his concern of windows
locking down into his house if this modification was approved.
Dr. Habeck stated there would he no windows in a vertical
fashion; only skylights. It was MOVED by Moore, seconded by
Sparling to make a substitute motion. that this natter be
discontinued and recommend it be reconsidered at the next
meting with provisions for specific drawings which will
illustrate what is being proposed. It was MOVED by Barnett,
seconded by Buchanan to mend the motion to include that the
appropriate residents be notified. Mr.. Habeck reiterated
there would not be any windows on the north side of the
proposed change. City Manager Zais addressed Dr. Habeck and
informed him Council is expressing their, concern regarding
lack of information and that Council is requesting additional
information be provided. Dr. Habeck objected to a major
hearing process for this proposed change and reiterated he
would not have windows on the north side of the building.
City Manager Zais commented Council is not requesting a
hearing process, but specific information showing drawings and
of the need to contact the neighbors. The question was called
for a vote on the notion as amended. Carried by 6-1 voice
vote. Sparling voting nay. The City Clerk then read the
substitute motion. Council marker Beaudhav requested
clarification of the substitute motion, questioning the type
of specific drawings which are being requested. Council
nember Moore indicated architectural sketches are not
necessary, but he would like neasurenents illustrating the
dimensions of the modification. Dr. Habeck stated he could
not provide exact measurements of the Skylights as the
skylights have to conform with the trusses of the building.
Council member Doty cannented that the issue before Council
today is that the windows are of concern to the neighbors and
Council is asking for Dr. Habeck to specify in writing that he
will not have windows on the north side of his building.
Council member Barnett expressed his concern of the lack of
information provided in the packet for this item. Council
member Moore reiterated that Council cannot make a
determination of a minor or major modification unless Dr.
Habeck provides the information requested. (Council member
Barnett absent after 4:50 p.m.) Council member Budhanan
suggested sending this request to the Planning Commission so
the neighbors could comment on the request. The City Clerk
read the substitute motion. The question was called for a
vote on the substitute motion. Carried by 4-2 voice vote.
Beauchcin and Sparling voting nay. Barnett absent.
Council member Moore informed Council that Ines Rice was
present earlier today to inquire if an ordinance exists that
prohibits littering the streets of dirt and mud by contractors
and builders utilizing City streets. She requested staff
research if such an ordinance exists and if not, inquired if
an ordinance can be prepared that would address this probler.
*11. REPORT FROM PERSONNEL REGARDIDU EMPLOYEE TRAINING ACTIVITIES
The report from the Assistant City Manager dated July 19, 1983
regarding employee training activities, was accepted and
approved.
JULY 19, 1983 29
12. REQUEST. FOR POSITION UPGRADE FROM GRANT ODORDINATOR TO ACCOUNTANT
John Hanson, Director of Finance & Budget, provided an
overview of staff's report and recommended the position of
Grant Coordinator be upgraded to that of Accountant. Mayor
Carmichael stated she would prefer to see this considered in
the 1984 Budget process. Council member Doty expressed her
concerns with the proposed pramotion due to the recent number
of additions to the Information Systems Division, Which would
be beneficial to all departments, and also commented on the
relocation of the Parks & Recreation Department Accountant to
the Finance Department. She suggested,the possibility of
utilizing a short term, personal services contract versus
changing a job classification as proposed in staff's report.
II/ Council member Beauchcutv requested clarification of current
th
accountant personnel within the Finance Department. John
Hanson responded, providing background information regarding
personnel functions of the department. Bob Wheeler,
Accounting Manager, informed Council that at the present time,
existing Accountants are not being fully utilized as
Accountants. He stated that the reclassification request is
not only necessary to assist with the backlog of work, but
also to assist with the completion and maintenance of
financial duties within the department. Larry Wittenberg,
Assistant City Manager, expanded upon personnel functions in
Information Systems, and commented that due to program design
requirements, more work could be anticipated for the Finance
- Department rather than less. Mayor Carmichael questioned how
long it would take to bring the general system up to date.
City Manager Zais responded, stating approximately two years
per staff's last report. It was MOVED by Beaudhamp, seconded
by Sparling to approve staff's recommendation that the Finance
Department be allowed to upgrade the position of Grant
Coordinator to that of Accountant. Council member [tore
indicated he would abstain from voting due to lack of subject
knowledge. The question was called for a vote on the motion.
Carried by 3-2 voice vote. Buchanan and Doty voting nay.
Moore abstaining. Barnett absent.
*13. TREASURY REPORT FOR JUNE, 1983'
The report from the Director of Finance and Budget dated July
26, 1983, regarding investments of the City of Yakima, was
accepted and approved.
14. OTHER BUSINESS
Larry Wright, Assistant Director of Community and Economic
Development, informed Council that the County has indicated
residents of the area east of the Fairgrounds are requesting
water service. Those residents would also like to have the
same opportunity afforded to the Fairview/Sumac area
II/ residents, specifically, the reduced rate for applying for an
il
outside utility agreement. Council member Doty questioned if
the County will request the five year "no annexation"
stipulation, as was given the Fairview/Sumac area and, if so,
would that postpone, the annexation time line for the
Fairview/Sumac area. Following staff's response, it was MOVED
by Moore, ' seconded by Sparling to approve the request to
furnish the rate, as proposed, with the stipulation that it
coincide with the previously established five-war time line
for , annexation of the Fairview/Sumac area. Unanimously
carried by voice vote. Barnett absent.
City, Manager-Zais informed Council that an error was made in
the bidding process for the Street Light Retrofit project,
Which came to the attention of the City via a canplaint.
Fol lowing staff investigation, it was determined that the
canplaint was valid and staff is preparing a bid call in
connection with this work.
City Manager Zais addressed the recent item before Council
regarding the Deputy Chief position and informed Council both
he and the Mayor had been contacted by the Fire Fighter's
30
JULY 19, 1983
Association. He stated the Association has voted to remove
the position of Assistant Chief, or Deputy Chief, from the
bargaining unit and they are requesting the Ordinance be
. changed to reflect that action. City Manager Zais suggested
proceeding with the Association's request and commence the
examination process for the position. It was the general
consensus of the Council to proceed as outlined.
Mayor Carmichael stated she had received a letter from Mary
Williams, Greenway Foundation, in which Ms. Williams addressed
the Greenway's Board memberShip, of which Council member
Sparling has been the Council representative on the Board in
the past. Mayor Carmichael questioned if Council member
Sparling would like to continue in this capacity. Council
member Sparling responded affilnatively.
Mayor Carmichael informed Council she ha received a letter
from Yakima's Chinese Sister City in. Taiwan. She indicated
they will be visiting in the next two weeks and they are
interested in touring the Wastewater Treatment Plant and other
facilities on the City. She inquired if a Council member
mould like to participate in tour for the Taiwanese
delegation. Council member Beauchamp suggested former Mayors
could be invited to host the Taiwanese delegation.
Information Items
- Items of information supplied 'to Council were: letter from
Northwest Power Planning Council re City proposal concerning
fisheries mitigation and enhancement facilities required at
Naches-Cowiche DiNersion. 7/5/83; agenda for Northwest Power
Planning Council meeting of July 20, 1983; News Release from
- Washington State ,Energy Office re Energy extension services to
be "reduced. 7/8/83; memo from Personnel Officer re Police
cadet program. 7/14/83; memo from City Attorney re Damage
claims referred to insurance company. 7/12/83; Community
Television Newsletter, Volume T, Number 6, June, 1983; letter
from Heritage College re Commendation for training assistance
for video producers. 7/12/83; Yakima Valley Conference of
GoveLnments "News in Brief & A-95" Volume 9, No. 7, July 8,
1983; report from_ Chief of Police for month of June, 1983;
minutes of May 13, 1983 Yakima Center Advisory Commission
meeting; minutes of June 21, 1983 Police & Fire Civil Service
Commission neeting; minutes of June 28, 1983 Board of
Adjustment neeting; and minutes of July 6, 1983 Yakima County
Clean Air Authority meeting.
15. EXECUTIVE SESSION
It was MOVED by Budhanan, seconded by Beauchamp to move into
Executive Session for the purpose of discussing prospective
litigation and then immediately adjourn the meeting.
Unanimously carried by voice vote. Barnett absent.
16. ADJOURNMENT
Following the completion of the Di. Session, the meeting
was adjourned at the ho of 6:Orp.m.
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