09-13-05 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 13, 2005
The meeting was called to order by Mayor Kirsch at 6:33 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Staff Present:
Steve Devich, City Manager; Bruce Palmborg, Community Development
Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum,
Acting Fire Services Director; Chris Regis, Finance Manager; Cheryl
Krumholz, Recording Secretary; and Bryan Shirley, City Attorney.
Steven Archer, 6720 Emerson Avenue, expressed concern regarding City's Code Section
407 on rental properties and requested it be reconsidered. He specifically commented on 6726
Emerson Avenue as being unsafe and a nuisance to the neighborhood. Landlords should be held
responsible.
Council Member Rosenberg stated there is a committee reviewing rental property issues,
including education and rental fees. There are parameters that need to be recognized along with
the rights of renters. She requested the City Attorney check into what the City can legally do to
address these issues.
Raymond Ahrndt, 6308 Colfax Avenue, spoke about neighborhood development and
deterioration, specifically related to 6305 Dupont Avenue, and safety concerns, disrespect of
property and graffiti. He suggested the City devise a program for the different cultures to help
them understand community maintenance standards. Police response to the neighborhood has
been good. He expressed concern about mattresses in the garage which could mean people are
sleeping in there.
Mr. Ahrndt also expressed concern regarding the driveway easement for 6305 Dupont
Avenue related to who was responsible for establishing the driveway and fence since so much time
has passed.
City Manager Devich stated that the Public Safety Director and he viewed the property and
will monitor the potential issues.
Council Meeting Minutes
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September 13, 2005
City Manager Devich stated there have been many more instances of graffiti in the parks.
Block Watch Captains have been advised to be aware of graffiti. The City has a 24-hour removal
process from when being notified or becoming aware of graffiti. The City needs the help of
residents to keep an eye on neighborhoods and notify the Police.
Council Member Wroge asked if the home at 6305 Dupont Avenue is owned or rented.
Public Safety Director Scott said Hennepin County records indicate ownership. It is not the
practice of staff to ask every resident if they are an owner or renter.
Cary Schmidt, 1016 Mildred Drive, spoke about neighborhood development and
deterioration, specifically related to 6305 and 6309 Dupont Avenue, and the establishment of the
driveway with the easement. Police are very present and cruise the area often. The City needs to
be held accountable as well as the builder for getting the work done in a timely manner. Permits
require inspections so there should be a timeframe for completing work.
Council Member Sandahl said the easement allows access to the house on the north and a
builder is typically required to have a driveway. She asked about the access area being paved.
Mr. Schmidt said there is no paving.
Public Safety Director Scott stated the City's building inspector is trying to contact the
builder. Permits are taken out and all inspections are done but there are no time requirements for
getting jobs done.
Mayor Kirsch said a timeframe for construction needs to be included with a permit.
City Manager Devich said the City Attorney will review the legality of timeframes on building
permits.
Council Member Wroge said the City has a one-year variance limit so the same could apply
to building permits.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Kilian, S/Rosenberg to approve the minutes of (1) Special City Council Worksession of
Auaust 9, 2005: (2) Reaular City Council Meetina of Auaust 9. 2005: (3) Special City Council
Meetina of Auaust 10. 2005: (4) Special City Council Worksession of Auaust 23.2005: (5) Special
City Council Meetina of Auaust 30. 2005: and (6) Special Concurrent City Council/HRAlPlannina
Commission Worksession of Auaust 31. 2005.
Motion carried 5-0.
Council Meeting Minutes
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September 13, 2005
Item #1
Item #2
Mayor Kirsch announced Ms. Berman was unable to attend tonight due to illness.
Former Richfield Mayor Loren Law discussed his book, "The Life Story of Loren A. Law and
his Faithful Wife Arlene", specifically the history related to Richfield.
The City Council thanked Mr. Law for acknowledging Richfield in his book.
Item #3
Connie Hargest, CenterPoint Energy representative, presented a $3000 donation from
Centerpoint Energy Community Partnership Grant Program to Richfield Fire Services Department
for self-contained breathing apparatus.
Item #4
The City Council thanked Ms. Hargest and CenterPoint Energy for the donation.
John Easterwood, Charter Commission President, discussed the current year
accomplishments.
Item #5
The City Council thanked the Charter Commission for their work.
Public Works Director Eastling made a presentation regarding Richfield Street and Park
Maintenance Divisions related to mowing operations.
Council Meeting Minutes
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September 13, 2005
It m#6
M/Rosenberg, S/Kilian to formallv accept HRA resionations from Kristal Stokes. effective
September 8. 2005 and Tom Harms. effective in December 2005.
Motion carried 5-0.
Council Member Sandahl acknowledged the efforts of the Richfield Public Works staff by
reading a letter from Steve Elkins, Bloomington City Council Member, who complimented the City
on the roundabout information and public outreach on this issue.
Council Member Wrage announced the City Council defeated the Richfield School Board in
the 12th annual Friends Of Wood Lake (FOWL) Ball Klassic event. He thanked the volunteers for
doing a great job.
Mayor Kirsch reported he recently attended the dedication of the 80th Street bridge over 1-
35W in Bloomington.
Council Member Wroge asked about staff contacting the new owners of the Chi-Chi's
restaurant regarding property maintenance on their corner of 77th StreetlNicollet Avenue. He
asked about the financing of the benches and trash receptacles on 66th StreetlNicollet Avenue and
having that done on the three corners of 77th StreetlNicollet Avenue.
Public Works Director Eastling explained the 66th StreetlNicollet Avenue trash maintenance
is part of the Lyndale-HUB-Nicollet special assessment district. This service is not done in any
other part of the City. It would be an additional cost for the assessment district on 77th Street.
City Manager Devich said information in providing this maintenance would be provided to
the City Council.
Item #7
Mayor Kirsch announced Consent Calendar Item 8F would be considered separately as
Item 9 and Item 17 would be removed from the agenda to be considered at a future meeting.
M/Rosenberg, SlWroge to approve the aoenda as amended.
Motion carried 5-0.
Item #8
A. Approved first reading of proposed ordinance amendment to City Administrative Code
Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules and
scheduling second reading for September 27, 2005 S. R. NO.159
Council Meeting Minutes
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September 13, 2005
B. Approved professional services agreement with BCL Appraisals, Inc. for purchase of
properties on 17th Avenue south of 66th Street S.R. No. 160
C. Approved resolution authorizing agreement between Minnesota Department of Public Safety
and City of Richfield Public Safety Department and accepting grant used for Police Officer
overtime payment from October 1, 2005 through September 30, 2006 pertaining to Safe and
Sober Program SR. No. 161
RESOLUTION NO. 9643
RESOLUTION AUTHORIZING THE PUBLIC SAFETY DEPARTMENT/POLICE TO ENTER INTO
A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE
OF TRAFFIC SAFETY, AS PART OF THE SAFE AND SOBER PROGRAM AND TO ACCEPT
FUNDS TO BE USED FOR OFFICER OVERTIME PAYMENT FOR THE PERIOD OCTOBER 1,
2005 THROUGH SEPTEMBER 30, 2006
This resolution appears as Resolution No. 9643 in Resolution Book No. 75.
D. Approved resolution accepting $3000 donation from CenterPoint Energy Community
Partnership Grant Program to defray cost of self-contained breathing apparatus used by
Richfield Fire Services Department S.R. No. 162
RESOLUTION NO. 9654
RESOLUTION AUTHORIZING ACCEPTANCE OF CENTERPOINT ENERGY COMMUNITY
PARTNERSHIP GRANT FUNDS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE
THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND
TERMS PRESCRIBED BY THE DONORS
This resolution appears as Resolution No. 9654 in Resolution Book No. 75.
E. Approved resolution accepting $19,000 Minnesota Releaf grant from Department of Natural
Resources to reimburse residential homeowners for portion of cost of diseased tree removals
S.R. No. 163
RESOLUTION NO. 9655
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A MINNESOTA RELEAF
GRANT FROM THE DEPARTMENT OF NATURAL RESOURCES (DNR) IN THE AMOUNT OF
$19,000 TO BE USED TO REIMBURSE RESIDENTIAL HOME-OWNERS FOR A PORTION OF
THE COST OF DISEASED TREE REMOVALS.
This resolution appears as Resolution No. 9655 in Resolution Book No. 75.
F. Removed from the Consent Calendar and placed on the regular agenda for consideration as
Item 9.
G. Approved award of contract to Specialty Systems, Inc. for installing standing seam roof at
Taft Park north building in amount of $39,853 S.R. No. 165
H. Approved purchase of estimated 1,700 ton of winter deicing salt for 2005/06 winter season
from North American Salt Company, Overland Park, KS at price of $36 per ton, delivered,
plus tax S. R. No. 166
Council Meeting Minutes
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September 13, 2005
I. Approved itinerant amusement and itinerant food licenses for Richfield Visions, Inc. for
Richfield Cattail Days events at Veterans Memorial Park, 6400 Portland Avenue, on
September 17, 2005 S.R. No. 167
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #9
8F. Consideration of approval of requested extension of variance permit until
September 17,2006 to allow construction of two-car garage at 6733 Lakeview Drive S.R. No.
164
Council Member Wroge stated this project has been on-going for two years. The Hearing
Examiner and neighbor to the south agreed on the current variance for a second floor on the
garage and that it would be attached. The neighbor is entitled to be made aware of the proposed
change.
Council Member Wroge expressed concern regarding how long this project is taking to be
completed and that it is unfair to the neighborhood.
M/Rosenberg, S/Kilian to extend the current variance permit at 6733 Lakeview Avenue for
two weeks to the September 27 City Council meetina to allow time for staff to aather additional
information.
Motion carried 5-0.
Item #10
Council Member Wroge presented Staff Report No. 168 regarding a resolution to transfer
control of cable television franchise from Time Warner Cable to Com cast Cable Communications,
LLC (continued from August 9,2005).
Brian Grogan, Moss & Barnett, attorney representing the Southwest Suburban Cable
Commission (SWSCC) of which Richfield is a member, discussed the background and findings on
this transfer. He requested the City Council consider an amended resolution that includes an
additional condition that a certificate of authority to transact business in the State of Minnesota be
provided to Richfield within 30 days of the closing.
Council Member Wroge asked how one company can take over one city.
Mr. Grogan explained that it is a non-exclusive franchise. Time Warner is the only hard wire
company in Richfield.
Council Member Wroge asked about the City's liability because of this condition.
Council Meeting Minutes
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September 13, 2005
Mr. Grogan said the City has no liability and that there is some limit to what can be reviewed
clfue~ns~~ .
Council Member Kilian stated Time Warner owns the infrastructure and that is what's being
transferred.
Mr. Grogan said it is being booked as an asset transfer transaction.
Council Member Sandahl asked about the SWSCC's cost of processing the transfer.
Mr. Grogan said he has confirmed that there will be re-imbursement of all the costs 60 days
after final action.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
MlWroge, S/Rosenberg that the following resolution be adopted as amended. that it be
spread in the resolution book and that it be made part of these minutes:
CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO. 9656
APPROVING THE PROPOSED CHANGE OF
CONTROL OF TIME WARNER
Motion carried 5-0. This resolution appears as Resolution No. 9656 in Resolution Book No.
75.
Item #11
Council Member Kilian presented Staff Report No. 169 regarding the issuance of a new on-
sale wine and 3.2 percent malt liquor licenses, with optional 2 a.m. closing for Aribel's
Restaurant/Bar at 1120 East 66th Street.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Kilian, S/Sandahl to approve the issuance of a new on-sale wine and 3.2 percent malt
liquor licenses. with optional 2:00 a. m. closing for Aribel's Restaurant/Bar. 1120 East 66th Street.
Richfield.
Council Member Sandahl expressed concern to the applicant, Chetranee Jwalapersad
Seepersaud, regarding their criminal background checks. She asked if they had previous
experience working with liquor sales.
Ms. Seepersaud explained her husband, Leon, had considerable experience with
restaurants and bars. She explained the situations related to their criminal background checks.
Council Member Sandahl encouraged the applicants to work closely with Richfield Public
Safety to ensure no alcohol sales are made to minors.
Council Meeting Minutes
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September 13, 2005
Council Member Kilian stated these concerns are not a basis for denying the license.
Public Safety Director Scott explained the City Council could restrict the license to state that
Mr. Seepersaud is restricted from working with liquor sales. This restriction was made on a
previous liquor license issued by the City Council.
Council Member Sandahl asked when this license is renewed.
Public Safety Director Scott said renewals are considered by the City Council at their first
meeting in December, so this license tonight is for three months.
Council Member Wroge asked Ms. Seepersaud if she lived in Richfield now and what kind
of restaurant they were operating.
Ms. Seepersaud said yes and Caribbean food was served.
Council Member Wroge asked about other Richfield bars being open until 2:00 a.m.
Public Safety Director Scott explained the restaurant needs to request staying open until
2:00 a.m. If this license is approved, there will be five open until 2:00 a.m. in Richfield. The cost is
an additional $200 for 2:00 a.m. closing and is issued by the State.
Council Member Kilian stated he supported the license because it is needed for the
success of the restaurant in this area.
Council Member Kilian amended the original motion to include a contingency that Leon
Seepersaud not serve alcohol.
Council Member Sandahl said this license is only for three months before coming back to
the City Council for a one-year renewal and suggested waiting to see if there were any problems.
Council Member Wroge asked if having the restriction would affect the restaurant
operations.
Ms. Seepersaud said no.
Council Member Sandahl agreed to the amended motion with the contingency.
M/Kilian, S/Sandahl to approve the issuance of a new on-sale wine and 3.2 percent malt
liquor licenses, with optional 2:00 a. m. closina for Aribel's Restaurant/Bar. 1120 East 66th Street.
Richfield. with continaency that the owner. Leon Seepersaud. not work with alcohol sales until the
City Council considers the license renewal in December 2005.
Council Member Wroge said he supported the amended motion since the contingency does
not create a problem for the restaurant.
Motion carried 5-0.
Item #12
Council Meeting Minutes
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September 13, 2005
Council Member Rosenberg presented Staff Report No. 170 regarding a second reading of
an amendment to the Richfield City Code Sections 500.05, 500.13 and 500.25, Subdivision 1 to
update and clarify subdivision regulations and a resolution authorizing a summary publication of the
ordinance amendments.
M/Rosenberg, SlWroge to close the public hearina.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that this constitutes the second readina of Bill No. 2005-11.
amendments to Richfield City Code Section 500.05. 500.13 and 500.25 Subdivision 1 to update and
c1arifv subdivision reaulations. that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that the followinq resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9657
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO
SECTION 500 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO PLAT AND
SUBDIVISION REGULATIONS.
Motion carried 5-0. This resolution appears as Resolution No. 9657 in Resolution Book No.
75.
Item #13
Council Member Rosenberg presented Staff Report No. 171 regarding consideration of
2005 Revised/2006 Proposed Budget resolutions adopting 2006 preliminary property tax levy and
setting truth in taxation hearing dates, authorizing budget revisions, authorizing revision of 2005
budget of various departments, and authorizing use of Public Employees Retirement Association
Police and Fire Fund refund interest earnings for certain police and fire expenditures.
Council Member Rosenberg explained the preliminary levy of 8.57% established tonight can
be reduced by the City Council but cannot be increased.
M/Rosenberg, S/Sandahl that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9658
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2006
Council Meeting Minutes
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September 13, 2005
Finance Manager Regis explained the rationale related to determining the tax levy including
the two largest factors of local government aid reductions of $780,000 in 2006 and the increase of
$85,000 in PERA contributions. If there had been no changes, the approximate levy increase
would be 1%.
City Manager Devich stated a show is being prepared for cable television to present budget
information to the public.
Council Member Wroge thanked City staff, Finance Manager Chris Regis and City Manager
Steve Devich for explaining the budget to him and working with the City Council to reduce the levy
from 9.01 % to 8.57%.
Council Member Rosenberg stated the tax increase is not taken lightly by the City Council,
but it is necessary to keep City services at the level expected by the residents to maintain the
quality of life. She thanked staff for following up with budget suggestions.
Council Member Sandahl stated the City needs to invest in its infrastructure so there is no
catastrophic failure.
Council Member Kilian stated there needs to be a balance and consistency to ensure the
community remains good.
Council Member Wroge suggested the City Council schedule an open meeting in October to
hear concerns and ideas from the public on the budget.
Motion carried 5-0. This resolution appears as Resolution No. 9658 in Resolution Book No.
75.
M/Rosenberg, S/Kilian that the following resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9659
RESOLUTION AUTHORIZING BUDGET REVISIONS
Motion carried 5-0. This resolution appears as Resolution No. 9659 in Resolution Book No.
75.
M/Rosenberg, SlWroge that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9660
RESOLUTION AUTHORIZING REVISION OF 2005 BUDGET OF VARIOUS DEPARTMENTS
Motion carried 5-0. This resolution appears as Resolution No. 9660 in Resolution Book No.
75.
M/Rosenberg, S/Sandahl that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9661
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE
EXPENDITURES
Council Meeting Minutes
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September 13,2005
Motion carried 5-0. This resolution appears as Resolution No. 9661 in Resolution Book No.
75.
Council Member Rosenberg stated the Truth-in-Taxation meetings are December 5,2005 at
6:30 p.m. with a continuation to December 12,2005 at 6:30 p.m.
MlWroge, S/Kilian to schedule a Special City Council meeting on October 26. 2005 at 6:00
p.m. in the Council Chambers to accept comments from the public regarding the budget.
Motion carried 5-0.
Item #14
M/Kirsch, S/Rosenberg to confirm the appointment of Brad Sveum as Fire Services Director
for the City of Richfield.
Motion carried 5-0.
City Manager Devich acknowledged that Brad Sveum was Acting Fire Chief for a long time
and it is fortunate that he has an opportunity to be formally promoted.
Item #15
Council Member Sandahl presented Staff Report No. 173 regarding consideration of a
Communications Plan for 1-494 Corridor Planning Study.
M/Sandahl, SlWroge to approve the Proposed Communications Plan for the 1-494 Corridor
Planning Study.
City Manager Devich explained the communication plan for 1-494 is similar to what is used
for transportation issues.
Motion carried 5-0.
Item #16
Council Member Kilian presented Staff Report No. 174 regarding consideration of bid
minutes/tabulation and award of contract to NewMech Companies, Inc. for heating, ventilation and
air conditioning (HVAC) renovation at the Water Plant in the amount of $298,910 and award of
Council Meeting Minutes
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September 13, 2005
contract for electrical improvements to Wild River Electric as part of HV AC renovation at the Water
Plant in the amount of $32,810.
M/Kilian, S/Sandahl to approve the bid minutes and tabulation and award of contract to
NewMech Companies. Inc. in the amount of $298.910.
Motion carried 5-0.
M/Kilian, S/Sandahl to award the contract for electrical improvements to Wild River Electric
as part of the HV AC renovation in the amount of $32.810.
Motion carried 5-0.
Mayor Kirsch commended staff for keeping all the equipment operating since the 1960's but
it is time for necessary replacements.
Item #17
Mayor Kirsch removed this item during Agenda Approval.
Item #18
Council Member Sandahl presented Staff Report No. 176 regarding consideration of
designating City of Richfield voting and alternate delegates for National League of Cities annual
Congress of Cities business meeting on December 10, 2005.
Council Member Wroge requested that future Staff Reports include specific cost estimates in
the Financial Section.
The City Council consensus was to not have any City Council Members attend the
conference.
Item #19
Mayor Kirsch presented Staff Report No. 177 regarding rescheduling the Regular City
Council meeting on Tuesday, November 8,2005 to Monday, November 7,2005 due to School
District Election 2005.
M/Kirsch, S/Kilian to reschedule the November 8. 2005 ReQular City Council meetinQ to
Mondav. November 7.2005 at 6:30 p.m.
Council Meeting Minutes
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September 13, 2005
Motion carried 5-0.
Item #20
City Manager Devich discussed the increasing problem of graffiti on the Christian Park
buildings as well as in the entire community. As vigilant as staff can be, it's difficult to catch the
individuals and very expensive to remove. He encouraged residents to be aware of this type of
activity and to call 9-1-1.
Council Member Kilian said the City has a 24-hour removal deadline but the surface must be
dry so the weather may be a factor in the timeframe.
Item #21
M/Rosenberg, S/Sandahl that the following claims and pavrolls be approved:
M & I BANK 8-23-05
AlP Checks: 142396 - 142734
PAYROLL 22818-23228,39743 - 39745
TOTAL
$ 1,030,751.80
$ 486,290.01
$ 1,517,041.81
M & I BANK 9-13-05
AlP Checks: 142735 - 142747
PAYROLL 23229-24010,39746 - 39760
TOTAL
$ 1,580,624.99
$ 920,057.01
$ 2,500,682.00
Motion carried 5-0.
The City Council meeting was adjourned by unanimous consent at 9:07 p.m.
Date Approved: September 27, 2005
~~f~
Cheryl K umho
Recording Secretary
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