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04-04-95 CC Minutes unsigned Regular Meeting of the City Council April 4, 1995 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 April 4, 1995 at 6:30 PM. The following members were present: Johnson, Micks, Russell, Thompson and Tremere. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meeting - February 21. 1995 MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the minutes of February 21, 1995 as submitted. Approval of Agenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the agenda of April 4, 1995 as submitted. Approval of Consent Agenda MOVED by Thompson, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) except Removal of Organizational Items - Minutes of Board and Commissions - Open Space and Recreation Commission - February 27, 1995; and Community Standard Task Force - March 22, 1995; and Departmental Items - Authorization to Sign Amendment to T.H. 55 at Ottawa Avenue Construction Agreement with MnDOT. *Bills and Claims MOVED by Thompson, seconded by Micks and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize the issuance of license #15377 - #15530 and #6682 - #6706. Regular Meeting of the City Council April 4, 1995 Page 2 *Solicitor's License - Greenpeace MOVED by Thompson, seconded by Micks and motion carried unanimously to approve the solicitor's license for Greenpeace. *Gambling License Exemption - Golden Valley Rotar�C MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the gambling license exemption for Golden Valley Rotary. *Minutes of Boards and Commissions MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - March 13 and March 27, 1995 Bassett Creek Water Management Commission - February 16, 1995 Minutes of Boards and Commissions - Open Space and Recreation Commission - Februar�C 27. 1995 The Council discussed licensing of tree trimmers. MOVED by Johnson, seconded by Micks and motion carried unanimously to direct staff to prepare a response to the possible licensing of tree trimmers, and to receive and file the Open Space and Recreation Commission minutes of February 27, 1995. Minutes of Boards and Commissions - Communitv Standards Task Force - March 8 and March 22, 1995 Council Member Thompson stated there were no minutes for the March 22, 1995 Task Force meeting included in the agenda packet. MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the March 8, 1995 Community Standards Task Force minutes. Regular Meeting of the City Council April4, 1995 Page 3 Public Hearing - 94 SI 12 - Traffic Light Installation - Louisiana Avenue South and Market Street William Joynes introduced the agenda item. Fred Salsbury, Director of Public Works, presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Robin Richmond, 234 Kentucky Avenue South, approves of the light, but is concerned over neighborhood access, waiting for light when there is no traffic from other direction, asked questions about the funding and design of the light. Terry Kane, 55 Louisiana Avenue South, approves of the light, can't see a reason for not having the light there. Greg Corwin, 210 Nevada Avenue South, approves of the light, is concerned over the traffic congestion. � Harvey Chasen, 7935 Western Avenue, feels the light is absolutely necessary and is needed desperately. Fred Butkovich, International Packaging, 6030 Wayzata Boulevard, asked why he got a notice and why he is going to be assessed. Cindy Gray, Short Elliott Hendrickson, Inc., reviewed the study and answered questions from the Council. The Mayor closed the public hearing. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 95-33 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 SI 12 TRAFFIC SIGNAL INSTALLATION LOUISIANA AVENUE SOUTH AND MARKET STREET 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: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council April4, 1995 Page 4 Public Hearing - First Consideration - Ordinance #125 - General Plan Approval - Amendment #1 - PUD #63 - Saturn Addition The following ordinance was MOVED by Thompson, seconded by Micks: ORDINANCE #125, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of the General Plan of Development Saturn Addition, PUD #63, Amendment#1 William Joynes introduced the agenda item. Fred Salsbury, Director of Public Works, presented the staff report and answered questions from the Council. Warren Kapsner, Planning Commission, presented the Commission report. Doug Sailor, Midwest Management; and Chuck Habinger, RLK reviewed the amendment 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. Greg Corwin, 210 Nevada Avenue South, feels the applicant has been very cooperative with the neighborhood, and feels the additional landscaping is a substantial improvement. Judith Ivy, 234 Kentucky Avenue South, asked questions about the landscaping plan, size of the trees that are going to be planted. The Mayor closed the public hearing. MOVED by Micks, seconded by Russell and motion carried unanimously to adopt Ordinance #125, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL - YES THOMPSON - YES TREMERE - YES Public Hearing - First Consideration - Ordinance #126 - General Plan A�proval - PUD #66 - JLO Addition The following ordinance was MOVED by Member Thompson, seconded by Member Johnson: ORDINANCE #126, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of the General Plan of Development JLO Addition, PUD #66 Jim Lupient Oldsmobile Company, Applicant Regular Meeting of the City Council April 4, 1995 Page 5 Public Hearing - First Consideration - Ordinance #126 - General Plan Approval - PUD #66 - JL9 Addition - Continued Fred Salsbury, Director of Public Works, presented the staff report and answered questions from the Council. Warren Kapsner, Planning Commissioner, presented the Commission report. Doug Sailor, Midwest Management; and Chuck Habinger, RLK; reviewed the request 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. Julie Wade, 270 Louisiana Avenue South, thanked the applicant for listening to the neighborhood and stated she appreciates the changes they have made to the plan. The Mayor closed the public hearing MOVED by Russell, seconded by Johnson and motion carried unanimously to adopt Ordinance #126, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL - YES THOMPSON - YES TREMERE - YES Public Hearing - Preliminary Design Plan Approval - PUD #68 -Auto Mall Fred Salsbury, Director of Public Works, presented the staff report. Warren Kapsner, Planning Commissioner, presented the Planning Commission report. Doug Sailor, Midwest Management; Chuck Habinger, RLK; Bill Ferris, Super America and Steve Smith, Mermaid Car Wash; reviewed the preliminary design 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. Greg Corwin, 210 Nevada Avenue South, feels the site is too dense, that more landscaping is needed. Harvey Chanen, 7935 Western Avenue, delighted to see that area cleaned up. Regular Meeting of the City Council April4, 1995 Page 6 Preliminary Design Plan Approval - PUD #68 - Auto Mall - Continued Julie Wade, 270 Louisiana Ave So, opposed, doesn't see a need for a Super America, feels there is too much stuff there, doesn't want Super America to be open 24 hours, asked about the environmental impact on the site and asked if there would be a EIS done. Justin Pearl, 115 Maryland Avenue South, stated that at a neighborhood meeting there was widespread support for the development. Larry Shapiro, 150 Nevada Avenue South, supportive of the project, brings amenities to the neighborhood that they will be able to use, likes the landscaping and stated the alternative could be very unattractive. Terry Kane, 55 Louisiana Avenue South, approves of the development, feels it is a perfect use for the site and thrilled to have a 24 hour Super America operation. Robin Richmond, 234 Kentucky Avenue South, asked about the traffic pattern though the development and is concerned over the flow and traffic congestion at Market Street. Judith Wolf, 234 Kentucky Avenue South, asked if all the setback requirements were met, and how much less would be built if they were not, and is concerned over the 24 hour operation of the Super America. Rick Groger, 1860 Adair Avenue North, concerned for the density of the development and the setback requirements. The Mayor closed the public hearing. MOVED by Micks, seconded by Johnson and motion carried unanimously to approve the preliminary design plan for PUD #68, Auto Mall, subject to the following amended conditions: 3. The "Declaration of Easements, Restrictions and Real Covenants" be attached to the PUD Permit, and subject to approval by the City Attorney's office. 9. Address the east access regarding lube after hours pass through traffic. 10. Work with the City Engineer regarding entrance signage. 11. Address the gas/convenience speaker system. Staff was requested to bring back information regarding the outside storage of materials in front of the Super America station. Regular Meeting of the City Council April4, 1995 Page 7 Public Hearing - Preliminary Design Plan A�proval - Amendment #4 - PUD #28 -Pondwood Office Park William Joynes stated the appticant had requested the item be continued until April 18, 1995. 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 Thompson, seconded by Micks and motion carried to continue the public hearing for the preliminary design plan approval for Amendment #4, PUD #28, Pondwood Office Park to April 18, 1995. Public Hearing - First Consideration - Ordinance #127 - Seasonal Farm Produce Sales bX Administrative Permit The following ordinance was MOVED by Thompson, seconded by Johnson: ORDINANCE #127, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE CHAPTERS 6 AND 11, Business Licensing and Land Use Regulations (Zoning), and Provisions Relating to Seasonal Farm Produce Sales by Administrative Permit William Joynes introduced the agenda item. Warren Kapsner, Planning Commissioner, presented the commission report. 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 Russell and motion carried unanimously to adopt Ordinance #127, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL - YES THOMPSON - YES TREMERE - YES Regular Meeting of the City Council April 4, 1995 Page 8 Public Hearing - Second Consideration - Ordinance #124 - Adoption of Amended State Building Code The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE #124, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the Amended State Building Code William Joynes introduced the agenda item. 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 Russell and motion carried unanimously to adopt Ordinance #124, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL - YES THOMPSON - YES TREMERE -YES 'kLetter from Charles Lipkin Reaarding Noble Avenue North Street Reconstruction MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the letter from Charles Lipkin, dated April 4, 1995 regarding Noble Avenue North street reconstruction. *Letter from Jerry Mundt Regarding PUD #28 MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the letter from Jerry Mundt, dated March 23, 1995 regarding PUD #28. *Letter from Aaron Ostrow Regarding Resignation from Human Rights Commission and West Suburban Mediation Center MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the letter from Aaron Ostrow, dated March 20, 1995 regarding resignation from the Human Rights Commission and West Suburban Mediation Center and request the Mayor send him a letter of appreciation in recognition for his service to the community. Regular Meeting of the City Council April 4, 1995 Page 9 *Letter from Paula Weseman Theisen Regarding Resignation from Human Rights Commission MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the letter from Paula Weseman Theisen, dated March 30, 1995 regarding resignation from the Human Rights Commission and request the Mayor send her a letter of appreciation in recognition for her service to the community. *A�proval of Requests by Beer and/or Wine at Brookview Park MOVED by Thompson, seconded by Micks and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Februai-x, 1995 General Fund Budget Report MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the February, 1995 General Fund Budget Report. Authorizati4n to Sign Amendment to T.H. 55 at Ottawa Avenue Construction Agreement with MnDOT Fred Salsbury, Director of Public Works, reviewed the agreement and answered questions from the CounciL Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 95-34 RESOLUTION ENTERING INTO AN AMENDED AGREEMENT WITH MnDOT FOR CONSTRUCTION OF FRONTAGE ROADS ON T.H. 55 AT OTTAWA AVENUE The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Sign 1995 Sanitarian Agreement MOVED Thompson, seconded by Micks and motion carried unanimously to authorize the Mayor and City Manager to sign the 1995 Sanitarian Agreement. Regular Meeting of the City Council April 4, 1995 Page 10 *1994 Inter-Fund Transfer (Capitol Improvement Fund to Street Reconstruction Fund� MOVED by Thompson, seconded by Micks and motion carried unanimously to transfer $36,000 from the 1994 Capital Improvement Fund to the Street Reconstruction Fund. *94 SI 13 - Louisiana Avenue South and Laurel Avenue - Ordering Proposed Public Improvement and Authorizing Bids - Traffic Light Installation Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 95-35 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 S I 13 TRAFFIC SIGNALS INSTALLATION LOUISIANA AVENUE SOUTH AND LAUREL AVENUE The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �`94 SI 7 - Boone Avenue North and Golden Valley Road - Ordering Proposed Public Improvement and Authorizing Bids - Traffic Light Installation Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 95-36 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 S I 7 TRAFFIC SIGNAL INSTALLATION BOONE AVENUE NORTH AND GOLDEN VALLEY ROAD The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Final December 1994 General Fund Bud�et Report MOVED by Thompson, seconded by Micks and motion carried unanimously to receive and file the final December, 1994 General Fund Budget Report. Regular Meeting of the City Council April 4, 1995 Page 11 Adoption of 1995-1999 Capital Improvement Program Don Taylor, Finance Director, reviewed the Capital Improvement Program and answered questions from the Council. MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the 1995-1999 Capital Improvement Program. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 95-37 RESOLUTION ADOPTING THE 1995 BUDGETS OF THE EQUIPMENT REPLACEMENT, BUILDING AND PARK IMPROVEMENT CAPITAL PROJECT FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Bids - Removal of Tree Branches and Brush from Private PropertX MOVED by Thompson, seconded by Micks and motion carried unanimously to award the bids for the removal of tree branches and brush from private property from the only bidder, Tim's Tree Service for $34,377.60. *Bids - Street Construction and Maintenance Materials MOVED by Thompson, seconded by Micks and motion carried unanimously to award the bid for the purchase of the following street construction and maintenance materials to the lowest responsible bidders: Edward Kraemer & Sons Class 2 Aggregate $ 6.08/Ton Meridian Aggregate Co. Sealcoa#Aggregate 12.58/Ton Barton Sand and Gravel Sand (FA-1) 4.10/Ton Bryan Rock Products Crushed Rock 7.50/Ton Bryan Rock Products Ball Diamond Mix 9.92/Ton J. L. Shiely Co. Binder Stone 8.76/Ton C. S. McCrossan Wearing Mix (2341) 10.95/Ton C. S. McCrossan Bituminous Materials for Wear 125.00/Ton Koch Materials CRS Emulsion (delivered) 0.5197/Gallon Koch Materials CRS Emulsion (pick-up) 0.5197/Gallon The bid tabulation is attached as Exhibit A Regular Meeting of the City Council April 4, 1995 Page 12 Announcements of Meetinas No action taken. Mayor and Council Communications Mayor Tremere updated the Council on the meetings he attended. Staff was requested to prepare information for the Council regarding how the changes in the Legislature would effect tax increment financing. *Proclamation for Arbor Month and Arbor DaX MOVED by Thompson, seconded by Micks and motion carried unanimously to proclaim April as Arbor Month and April 20, 1995 as Arbor Day. Resolution Supporting Legislative Action to Allow MnDOT to Alleviate Congestion on I-394 at Penn Avenue Larry Dowell, President, TwinWest Chamber of Commerce, requested the Council support the resolution and answered questions from the Council. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 95-38 RESOLUTION SUPPORTING LEGISLATIVE ACTION TO ALLOW MnDOT TO ALLEVIATE CONGESTION ON I-394 AT PENN AVENUE 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: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Board and Commission A�pointments Mayor Tremere introduced the agenda item. MOVED by Johnson, seconded by Micks and motion carried unanimously to make the following appointments/reappointments: Building Board of Review: 3 year term - expires 3/1/98 Gerald Mundt Jack Stratton Regular Meeting of the City Council April 4, 1995 Page 13 Board and Commission Appointments - Continued Board of Zoning Appeals: 1 year term - expires 4/1/96 Mike Sell Herb Polachek Bob Shaffer Mahlon Swedberg Linda McCracken-Hunt, Alternate Donald Singer, Alternate Open Space and Recreation Commission: 3 year term - expires 3/1/98 Marshall Rappaport Jim Sicora Tom Zins Planning Commission: 3 year term - expires 3/1/98 Kevin McAleese Jean Lewis Human Rights Commission Reappointments: 3 year term - expires 3/1/98 Carol Doten Ruth Heaner Janet Heidinger Ann Rzestutko Human Rights Commission Appointments: Sally Johnson 3 year term expires 3/1/98 Diana Chamblee 3 year term expires 3/1/98 Robert Foltz-Morrison 2 year term expires 3/1/97 Shaun Jamison 2 year term expires 3/1/97 Hilmer Erickson 1 year term expires 3/1/96 The Council requested staff review the applications on file for possible appointment to West Suburban Mediation Center Board of Directors. Hennepin County Works Proaram William Joynes introduced the agenda item. MOVED by Johnson, seconded by Micks and motion carried unanimously to direct staff to prepare a response to Hennepin County regarding the program as outlined in the memo from Mark Grimes, dated March 30, 1995. Regular Meeting of the City Council April4, 1995 Page 14 Noble Avenue Construction Specifications William Joynes introduced the agenda item and answered questions from the Council. Fred Salsbury, Director of Public Works answered questions from the Council. Member Thompson introduced the following resolution and moved its adoption as amended: 36' wide street curb to curb, parking on the west side with a 5 foot sidewalk: RESOLUTION 95-23 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 S I 10 NOBLE AVENUE NORTH, GOLDEN VALLEY ROAD TO CULVER ROAD The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Russell, Thompson, and Tremere; and the following voted against the same: Johnson and Micks, whereupon said resolution was defeated. Member Micks introduced the following resolution and moved its adoption as amended: 32' wide street, Golden Valley Road to Bassett Creek Drive, with a 5 foot sidewalk and Bassett Creek drive north to Culver 36' wide with parking on the west side with a 5 foot sidewalk. RESOLUTION 95-23 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 SI 10 NOBLE AVENUE NORTH, GOLDEN VALLEY ROAD TO CULVER ROAD 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: Micks, Johnson; and the following voted against the same: Russell, Thompson, and Tremere, whereupon said resolution was defeated. Member Tremere introduced the following resolution and moved its adoption as amended: to allow parking during school hours and school functions: RESOCUTION 95-24 RESOLUTION RESTRICTING PARKING ON PORTIONS OF NOBLE AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Micks; and the following voted against the same: Johnson, Russell, Thompson and Tremere; whereupon said resolution was defeated. Regular Meeting of the City Council April 4, 1995 Page 15 Noble Avenue Construction Specifications - Continued Member Tremere introduced the following resolution and moved its adoption as amended: Rescind 95-23 and bring back on the project list for 1996: RESOLUTION 95-23 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING BIDS 94 S I 10 NOBLE AVENUE NORTH, GOLDEN VALLEY ROAD TO CULVER ROAD The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, and Thompson; and the following voted against the same: Tremere; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. The Council took no action on 95-24, Resolution Restricting Parking on Portion of Noble Avenue North. 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