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HomeMy WebLinkAbout08.07.95 Council Packet AGENDA COUNCIL MEETING REGULAR AUGUST 7, 1995 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 7/17 (Regular) b. Adopt Resolution Approving Developer Agreement - Nelsen Hills Farm 4th Addition c. Approve Placement of Neighborhood Watch Signs - Dakota County Estates d. Approve Proposal - Prairie Creek Trail e. Approve Amendment to FEMA Flood Assistance Agreement f. Approve Temporary 3.2 License for Slow Pitch Softball Tournament - Retroactive g. Approve Employee Agreement - Cellular Phone Purchase h. Receive 1996 Proposed Budget i. Approve Capital Outlay Request - Mobil Gear Rack - Fire Department j . Adopt Resolution Accepting Donation of Computer - Fire Department k. Approve Payment #1 - 1995 Seal Coat Project/Set Assessment Hearing for 9/18/95 1. Approve Payment #1 - 1995 Sidewalk Maintenance Project m. Approve Final Payment - Project 93-7 - Riverside n. Approve Request for Extension of Completion Date - Prairie Waterway o. Approve Payment #5 - Project 88-4 - Pine Knoll Improvements (PULL) p. Approve Partial Payment #2 - Southeast Sanitary Sewer - Project 93-15 q. Approve Development Agreement Extension - Prairie Creek First and Second r. Approve Payment #5 - Southeast Storm Sewer - Project 93-14 s. Approve Capital Outlay Request - Engineering - Computer Software and Hardware t. Approve Payment Voucher - Public Works Road Grader u. Approve Capital Outlay Request - Public Works - 60 Gallon Containers v. Approve Amendment to Development Agreement - TroyHill w. Approve Extension of Project Completion Date - Project 88-4 - Pine Knoll x. Approve Sanitary Sewer Assessment Agreement - South Suburban Medical Center y. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. - Amending Sign Ordinance - Sandwich Boards b. 7:30 P.M. - Amending Zoning Ordinance - Relocated Structures (continued) 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Request Refund of Gaming Device License Fee - Willard Barnett b. Request to Restore Screening at Dairy Queen Site 8. ORDINANCES AND RESOLUTIONS 9. UNFINISHED BUSINESS a. Approve Prairie Waterway/Elm Street-TH #3 Branch Easement/Agreement b. Securing Rights of Way at "T" Intersections on Alleys c. Accept Feasibility Study/Authorize Preparation of Plans & Specifications - Ash Street Improvements and Phase III of Prairie Waterway d. Adopt Resolution Accepting Bids/Declaring Costs to be Assessed/Ordering Preparation of Assessment Roll/Setting Assessment Hearing - Project 95-2 - Spruce Street Access/Budget Mart Sanitary Sewer 10. NEW BUSINESS a. Review Stop Sign Request - Upper 183rd and 184th Street 11. MISCELLANEOUS a. General Discussion - City Reorganization 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS 14. ADD ON a. Approve Waiver of Platting for Tim Giles/Deer Meadow b. Approve Consent of Mortgage for Filing Plat - So. Suburban First 15. EXECUTIVE SESSION 16. ADJOURN AGENDA REQUEST'FORM Item No. 5c Name: Daniel M. Siebenaler (E)--/72-)2 Department: Police Date: July 20, 195 • Meeting Date: August 7, 1995 Category: Cgnsent Subject: Placement of neighborhood watch signs Explanation: Neighborhood in Dakota Co Estates has completed requirements for Neighborhood Watch Program Reference Material/Responsibilty memo Referred To: (Name) Department Larry Thompson City Administrator • Tom Kaldunski City Engineer NN \440g16 1/ Signature MEMO TO: Mayor and Council SUBJECT: Neighborhood Watch DATE: July 28, 1995 I am pleased to report that the neighborhood of 185th Street and ElDorado Avenue has completed the requirements for a neighborhood watch group. Six months ago there were few homes and few neighbor to neighbor relationships . Through their own dedicated effort, the residents in this area have come to know and trust one another. They have a well organized group that is determined to succeed. At this time, I am requesting the installation of Neighborhood Watch Signs at three locations. The area of 185th and Embers, ElDorado at Upper 183rd Street and the area of Echo and Upper 183rd Street . Specific locations for the signs are designated on the attached diagram. This neighborhood watch group has set a project for itself expanding it's area to include Egret Way east of Embers Avenue as the area is developed. Upon completion of that project, I would also request installation of a sign in the area of Egret and Embers . As always, if you have any comments or questions, please feel free to contact me . Daniel M. Siebena er Chief of Police DMS/m Attach. .. \_. i ( P _ vBERsiiim %**As 1 RI 1 tir , 14 , ' algal 1 ma 41 _1 i _ m 1 1 MI ---1 mi :---]WIE T mi MI mil gm i> MI < MI MEM . . MI M oom LE OE 2 Wil 1. I I , 0 0. Til I . \ a • Pi • �o � � ti / / C" 1 AGENDA REQUEST FORM Item No. 5q Name: Wayne E. Henneke /A? Department: Finance Date: July 26, 1995 Meeting Date: August 7, 1995 Category: Consent Subject: Employee Agreement - Cellular Phone Purchase Explanation: Reference MateriallResponsibilty Wayne Henneke Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Wai.fiu.ae,A4t4L. Signature Memo to: Mayor & Council Date July 26, 1995 Re Employee Agreement - Cellular Phone Purchase Recommendation It is recommended to authorize the following cellular phone agreement between the City and Don Gamer, Councilmember. Background The City of Farmington purchases its cellular phones under the State of Minnesota bid with U. S. West Cellular. As a part of that bid, employees of the local government units are entitled to the same bid prices as their employer. The City Council at their December 6, 1993 meeting approved as to form an agreement between the City and employee purchasing the cellular phone which protects the City from any financial liability. Again, it is recommended to approve the agreement between Don Gamer and the City. W Wayn E. Henneke Finance Director c. c. Larry Thompson, Administrator Wayne E. Henneke, Finance Director file . AGREEMENT This Agreement is made and entered into this day of , 1995, by and between the City ofFmminglxm , a Minnesota Municipal Corporation (the "City") , and Don Gamer , (the "Employee") . RECITALS WHEREAS, the City has entered into an Agreement with U.S. West Corporation, which Agreement allows the City to make cellular telephones available to City employees at discounted rates; and WHEREAS, pursuant to said Agreement U.S. West will bill Employees directly and receive direct payment from Employees for use of said cellular telephones; and WHEREAS, pursuant to said terms of Agreement, if any such employee defaults on payment of such charges to U. S . West, U. S. West may recover all such amounts due directly from the City; and WHEREAS, Employee desires to make use of such acellular telephone under the terms and conditions offered by U. S . West; and WHEREAS, the City is willing to allow Employee to make use of the cellular telephone, under the terms and conditions and terms stated herein, NOW, THEREFORE, in consideration of the mutual covenants hearing contained, and for other valuable consideration, the receipt and sufficiency which are hereby acknowledged by both parties, the parties agree as follows: 1. City grants to Employee the right to use a cellular telephone under the discounted terms offered by U.S. West. 2 . Employee agrees to pay all cnaroes in connection with the use and maintenance of said cellular telephone directly to U.S. West or such other person specified by U.S. West to receive such payment, within any time period specified by U. S. West or its authorized agent or assignee. 3 . In the event an Employee fails to make such payment in a timely manner, so that the City receives notice from U. S. West of its intent to collect such charges from the City, the Employee hereby authorizes the City to deduct from the Employee's paycheck, all sums necessary to pay the amount specified as owing to U.S. West, its agent, or assignee, together with a Five (5) dollar administrative fee to cover the charges reasonably and necessarily incurred by the City in processing this payroll deduction request. Such payroll deductions may continue from time to time until all amounts owing, together with all other administrative fees, are paid in full. 4 . Prior to the execution of any such payroll deduction order by the City, the City shall give at least Twenty-four (24) hours notice, either in writing or verbal, to the Employee of its intent to execute such payroll deduction order. 5. The City shall have the right, in its option, to require termination of the use of the Employee's cellular telephone and return of such telephone to U.S. West, in the event that the Employee is, at any time, delinquent in paying its fees for use of such telephone to U.S. West, its agent or assignee. 6. The failure of the City to require termination of the use of the cellular telephone and the return of it to U.S. West on one occasion shall not constitute a waiver on the part of the City of its right to require such termination on a subsequent occasion. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. cz:72--a�' CITY OF Employee by: by: AGENDA REQUEST FORM Item No. 5t Name: Tom Kaldunski i Department: Public Works Date: July 27, 1995 Meeting Date: August 7, 1995 Category: Consent Subject: Approve Payment Voucher - Public Works Department - Road Grader Explanation: Reference Material/Responsibilty Memo/voucher - Tom Kaldunski Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Jerry Bauer Public Works Rosemary Swedin Finance 1-4/444/ Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: MOTOR GRADER DATE: JULY 31, 1995 It is my recommendation that the City Council approve Payment Voucher #1 (attached), for the • purchase of the motor grader to Ziegler, Inc. in the amount of$126,770.25. <Z1‘4111 Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Larry Thompson Wayne Henneke TJK Jerry Bauer PAYMENT VOUCHER Date 7/31/95 Voucher No. 1 Contract No. Description Motor Grader Contractors Name Ziegler, Inc. Contractors Address 901 W. 94th St. Bloomington, MN Amount of Contract $133,442.37 Increases to Contract 0.00 Total of Contract 133,442.37 Percent of Contract Completed 100% Total Value of Work Completed 133,442.37 Retained (5 %) Percentage 6,672.12 Total Previous Payments 0.00 Net Payment this Voucher $126,770.25 I hereby recommend payment of the above net amount. Place Voucher Stamp Here Name Title Public Works Director/City Engineer Invoice Voucher Date 7/31/95 P.O. No.: Rec'd By: Starting Date Total Time Allowed* Price OK: Total Time Used to Date Acct. No.: Percent of Time Used Posted By: Paid By: *If not in workdays, project to completion date. Date: Chk. No.: Approved for payment by the City Council this day of , 19 Clerk/Administrator Distribution: Contractor Auth. Officer Contract File Approved for Payment by: Thomas J. Kaldunski, P.E. Ziegler, Inc. Clerk/Administrator Mayor , -+-++ _, AGENDA REQUEST FORM Item No. 7b YfrfrS Name: Larry Thompson r , " r Department: Administration colt-y/ Date: July 26, 1995 Meeting Date: August 7, 1995 Category: Petitions, Requests and Communications Subject: Request to Restore Property Screening - Dairy Queen Explanation: Bud Lehr has requested the Council to order the Dairy Queen to restore the screening which was lost when the trees were trimmed. Reference Material/Responsibilty Memo/Background - Larry Thompson Referred To: (Name) Department Development Committee 717 Signature Memo to: Mayor and Council Subject, Fence/Screening Issue Date: August 1, 1995 Attached,please find various correspondence between the City, Frank"Bud"Lehr, and Paul Clemons who owns the Dairy Queen. As you will note, in 1962 the City required the Dairy Queen provide screening on the West line by a suitable planting of trees to be maintained by Dairy Queen. The evergreen trees were subsequently trimmed after the bottom branches had died off. Mr. Lehr is requesting that the City reqwuire the Mr. Clemons restore the screening by installing a fence approximately 7' high. Mr. Clemons has indicated that the trees still provide suitable screening. The City Attorney has indicated that rather than staff interpret what suitable means,the matter should be discussed by the City Council. The City Attorney has indicated he will provide options available to the Council. Larry Thompson City Administrator lit cc: Development Committee file Paul Clemons 19850 Ithica Cir. Lakeville, MN 55044 Dear Mr. Clemons, This letter serves as a follow up to our previous conversations regarding the screening/fence issue between the Dairy Queen and Bud Lehr. It was hoped that you and Mr. Lehr could come up with a workable solution to the concerns raised. It is my understanding that a resolution could not be reached, and therefore,Mr. Lehr has requested the City review and take action. I have discussed this matter with the City Attorney, and he recommended that the matter be taken before the City Council for their ruling. Therefore,the matter has been placed on the August 7, 1995 Council Meeting Agenda. The meeting begins at 7:00 p.m.at City Hall. I have also enclosed a copy of the September 24, 1962 minutes and resolution for your review. As discussed, if you have any questions regarding actions the City Council may take and your possible options,please contact City Attorney at 455-1661. Sincerely, Larry Thompson City Administrator ljt cc: Mayor and Council Dave Grannis file • Frank"Bud"Lehr 701 Willow St. Farmington, MN 55024 Dear Mr. Lehr, This letter serves as a follow up to our previous conversations regarding the screening/fence issue with the Dairy Queen. It was hoped that you and Mr. Clemons could come up with a workable solution to you concerns. It is my understanding that a resolution could not be reached, and therefore,you have requested the City review and take action. I have discussed this matter with the City Attorney, and he recommended that the matter be taken before the City Council for their ruling. Therefore,the matter has been placed on the August 7, 1995 Council Meeting Agenda. The meeting begins at 7:00 p.m. at City Hall. I have also enclosed a copy of the September 24, 1962 minutes and resolution for your review. As discussed,if you have any questions regarding actions the City Council may take and your possible options,you may wish to contact City Attorney at 455-1661. Sincerely, Larry Thompson City Administrator ljt cc: Mayor and Council Dave Grannis file for the weter main end eppurtances on Ash St. , Second St. , end the Bel- Mac Addition. Two property owners were present. After discussion, the Council decided to pass the assessment as follows: iasessment per front foot at $2,70 for the lots on the East side de 2nd. St. , and en assessment of $3. 02 for the remrinder of the effected lots. The variance in fhe figures per foot was decided upon because of the quoted figure of $2.70 presented to the property owners at a prior hearing. Ghuich,made a motion, second by Gerten, that Resolution No. 16-62, to pass the assessment, be adopted. Church, Gerten, McElmury and Hauk voted in favor, Gorgos abstained, a)(..- At 10:30,apublic 'hearing was held regarding the request of Mr & Mrs, LowellBussler for a non-conforming use permit for a Dairy Queen store to be established on lots 7 and 8 of Bungs Addition, on ther corner of Willow St, and Highway No, 3. Three residents of the affected area were present. After some discussion, McElmury made a motion, second by Hauk, that Resolution No. 18-62 be adopted, granting the use permit, providing that a suitable screening of poplars end evergreens be planted and main.teined by the Busslerp. The vote in favor was unanimous. There being no further business, the Council adjourned. Kenneth Gerten Village Clerk Regular Meeting October 1, 1962 The Village Council of Farmington met on October 1, 1962. All Members end the Village Attorney were -er.esent. The minute. of the September meetings were read end approved. The Following bills were reviewed: Liquor Fund Ed Phillips & Sons $1,659. 75 Distillers Dist. Co. 1,654,22 M.S.P. 130.38 Old Peoria Co. 272.94 Griggs, Cooper & Co, 565.73 Meledy Paper Co, 35.96 Petty Cash 136. 06 Culli grn Soft Water 9.75 Ed Philli es & Sons 523.10 Famous Brenda 275.97 Harris Office Equip, Ce. 75.46 Hanson Beverage Co, 668.74 ' Alcorn Beverage Col 1152. 28 City Club Dist. Co. ].,295,93 Municival Liquor Stores Assn. 15. 00 / . i /e72-. Resolution No. .$ ' RESOLUTION GRANTING PERMIT FOR NCN-CONFORMING USE WHEREAS, an application has been filed by Nancy • ' Bussler and Lowell Bussler for a non-conforminn use permit for - - i the operation of a Dairy Queen Store onthe land lyingand being in the County of Dakota and State of Minnesota, described as follows, to-wit; i , Lot Seven (7) and Eight (8) of Block One • (1) of Bung's Addition to Farmington; AND WHEREAS, a hearing has been had upon said appli cation on the 24th day of September, 1962 before the Village. • Council after one week's published notice had been given as re- quired byordinance, as more fully appears from the affidavit of ' _ the publisher of the Dakota County Tribune on file with the Village Clerk; and WHEREAS, it appears that the premises upon which said applicant seeks to locate and operate said Dairy Queen Store is, or may be, restricted to residential use; and . WHEREAS," it appearsthat thereare no objections to said application. NOW,-THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Farmington that a non-conforming use permit be herebygranted to Nancy Bussler and Lowell Bussier for the, operation of a Dairy Queen Store on the land above described and that the same be authorized as a non-conforming use in accordance with the pro visions of Ordinance 128 of the Village of Farmington; PROVIDED,; • however, that said permit be granted on condition that the same be • subject to the restrictions, rules and regulations set forth by. the Dairy, Queen Franchise andthe further condition that the property be - r >4 • screened on the West line by-a• suitable planting of trees (both _ poplars and evergreens)_to be maintained by the permit user. -' ' • t - AGENDA REQUEST FORM Item No. 9b Name: Tom Kaldunski Department: Public Works Date: July 18, 1995 Meeting Date: August 7, 1995 ;7I"<// Category: Unfinished Business Subject: Securing Rights of Way at "T" Alley Intersections Explanation: As discussed July 17th Reference Material/Responsibilty Update - Tom Kaldunski Referred To: (Name) Department Development Committee Jay Kennedy Public Works Ben Klotz Public Works Jerry Bauer Public Works ' L//7(ellj Signature i MEMO TO: MAYOR AND COUNCIL SUBJECT: SECURING RIGHT OF WAY AT "T" INTERSECTION ON ALLEYS DATE: AUGUST 2, 1995 This item was reviewed at the last Council meeting. Please refer to that packet of information as needed. The item was tabled with a request for more information. The following table summarizes the list of accidents in these areas since 1989; date repair cost 6/26/95 repairs being done, cost not available 1/13/94 $373.00 4/29/91 $266.50 3/29/91 over $500.00 4/2/91 $250.00 10/16/90 $61.60 9/11/89 $800.00 The estimated cost to purchase the 15' x 15' triangles is from $2,500 to $4,000. Also attached is a memo that indicates acquisition through adverse possession is unlikely. If the Council is interested in pursuing this issue, the City Attorney and I will proceed to negotiate the right of way acquisition. It is my recommendation that the Council approve the concept and direct staff to proceed. PI Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Larry Thompson Wayne Henneke TJK Jay Kennedy Jerry Bauer Benno Klotz Tom Kaldunski From: Larry Thompson To: Tom Kaldunski Subject: Alley Easments - "T" Intersections Date: Tuesday, July 25, 1995 4:25PM Upon review of the proposed easments for "T" intersections in the alleys, it was determined by Dave and I that there would be little grounds for acquiring them through adverse posession. It would be our recommendation that you contact the owners to determine interest, and acquire those easments which the owners agree to sell. Eminent Domain should only be used if there is an alley improvment project and the easment is absolutely necessary. cc: Dave Grannis file Page 1 • GENDA REQUEST FORM 4 a 8 f -/ i%%�, / �/ 14' 40 Item No. te,....0,,„---,,r,, 1W , 40&,, 7 I fb—kv--/ Name: %-� om Kaldunski CA^^4 l 'IlL4`7( 714-Uet Department: Public Works ; a+*± ,.-S hey-,--1-A--- . Date: -y---' 5 7 lOk ----- ,1-,;tdt- 01.,,P,0_,-y--- 6-, Ltipic-S A Meeting Date: �0 S • a..0.... r ��! Category: - Bus ine s s Subject: Securing Rights of Way at "T" Intersection on Alleys Explanation: The _ �I s -i rie -4: • . . _tom= — — . • " "ii 11111r. int- ec ons ?OrrT ti A •r• .,�Ii • -t - �I:T� • ■ 1 OPP' Or dar' bei .Ell. • .. -. �.,. / v Reference Material/Responsibilty '' Tl -k Tom Kaldunski Referred To: (Name) Department Development Committee Jay Kennedy Public Works Ben Klotz Public Works Public Works iL/elf1"1 'rM A'' Signature i MEMO TO: MAYOR AND COUNCIL SUBJECT: SECURING RIGHT OF WAY AT "T" INTERSECTION ON ALLEYS DATE: JULY 13, 1995 There are a number of "T" intersections that occur on the 20 foot wide alley within portions of the original City of Farmington. From time to time, the Public Works Department has encountered problems at these locations. The attached map shows the six locations that I would like to address. The problems have been items such as; difficulty maneuvering large vehicles around the tight corners, damage to City vehicles, damage to private property, complaints of trespassing, etc. In order to help eliminate_some of these problems, I am proposing that the City secure additional right of way at these locations. In many cases, these right of way acquisitions would then conform to the existing use that occurs. The proposed right of way purchases cover a triangle area 15 feet by 15 feet, a total of 112.5 square feet. It is estimated that this right of way could cost between $2.00 and $3.00 per square foot. There are 11 potential purchases. This program could cost the City $2,500.00 to $4,000.00 plus attorney fees and recording fees. Over the last 10 years I would estimate that the City has spent more in addressing the problems that have occurred. If the City Council is interested in pursuing this issue, the City Attorney and I will proceed to contact the affected property owners and the Finance Department will do an analysis to present at a future meeting. It is my recommendation that the City Council approve this concept and direct staff to take the appropriate steps to set up the program. It is proposed to fund this project through the City's Road and Bridge Fund. -17i‘11"1 Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/ll cc: Larry Thompson Wayne Henneke TJK Jay Kennedy Jerry Bauer Benno Klotz file vc_=OD 3Ca b.* ^ _II%I 1 1 f 1411Pliiii ^ . IitalitiplinzrIti___-1;1165, 0111111-0 -1101011111111._Pti1 IiL ii _ ifr 0r -■ .. I t _ mi■I ■ 1 ■ ■ . . �� I,. 0 1" �J w r jiIimiiEiiI�ih'1�Is k � Pit i ,i ■�_.. 1 aim. I & , i ii _ I IKEA_ iill I_, 1 iii i :_1111111 III!II � ��� �! ' I'1! ; ��i� � - ,111- - l� ! hI%III11'W 1111r: I Railit� ��" - Frrith�! ■�!!LI !� . 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