Approved Minutes 7-23-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 23, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Vice President Blakey at 3:35 p.m.
Present - 5 - Blakey, Bostrom, Collins, Harris, Thune
Absent - 2 - Megard, Thune (Excused)
MISCELLANEOUS
48 Recognition of Retiring City Employees.
Ed Starr, Assistant City Attorney was recognized by the City Council for 21 years of Service to
the City and Ed Vizard, Human Resources Office, was recognized by Councilmember Morton for
21 years of service to the City.
CONSENT AGENDA
FOR ACTION
Councilmember Harris moved approval of the Consent Agenda. Yeas - 5 Nays - 0
1. Approval of minutes of June 18, 1997 meeting.
Adopted Yeas - 5 Nays - 0
2. Claims of Darnell Anderson, Thomas Fabio, Hance & Iverson Ltd. (for Homesmart
Management), Kevin Hartley, Susan Hodges, Robert Thavis and Juliann Geis, Zeporah Wallace,
and Mary Wills.
Referred to Risk/Employee Benefits Management Division
3. Summons and Complaint in the matter of Leobia Bland vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Thomas Fabio vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 6, 1997, to consider the application for a sound level
variance by the St. Paul Saints Baseball Club for a music concert at Midway Stadium on August
29, 1997 from 5:30 p.m. to 10:30 p.m.
July 23, 1997 City Council Summary Minutes Page 2
6. Letters from Saint Paul Public Health declaring 807-809 Buffalo Street and 1050 Iglehart Avenue
as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
7. Administrative Order:
D001268 Addition of$37,279.74 to the contract for the Davern-Edgcumbe Storm Sewer and
Paving project.
Noted as on file in the City Clerk's Office
8. Resolution - 97-904 - Approving the appointments of Joanne Ciccerelli and Paul Kelnberger, and
the reappointments of Councilmember Jerry Blakey, Louis Greengard, Theron Barnes, Richard
Hanson, Rolf Middleton, and Jay Zack, by Mayor Coleman, to the Workforce Development
Council. (To be laid over one week for adoption)
Laid over to July 30 for adoption
9. Resolution - 97-905 - Approving the appointments of Billy Collins, Diana Rodriguez, Miriam
Rykken, Jim Kelly, Greg Simbeck, John Kennefick, Leah Olson, Michael Lohman, Crystal
McClintock, Mary Hicks, Mike Speer, Jennifer Bozicevich, and Brennan Brooks, by Mayor
Coleman, to the Youth Fund Board. (To be laid over one week for adoption)
Laid over to July 30 for adoption
10. Resolution - 97-906 - Authorizing the proper City officials to accept a grant in the amount of
$4,100 from the Minnesota Historical Society to provide information to residents and building
owners on the advantages of historic preservation.
Adopted Yeas - 5 Nays - 0
11. Resolution - 97-907 - Allowing the Old City Cafe, 1571 Grand Avenue, to re-open and operate as
long as they continue to make their payments pursuant to the payment plan set up with the Office
of License, Inspections and Environmental Protection.
Adopted Yeas - 5 Nays - 0
12. Resolution - 97-908 - Transferring $100,000 (CIB) from 1997 Water Street reconstruction
(design) to Downtown West Street Improvements Preliminary Design.
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
13. Resolution - 97-715 - Changing the rate of pay of the Council Investigation and Research Center
Director from Grade 26 to Grade 28 of the Non-represented City Managers Standard Ranges in
the Salary Plan and Rates of Compensation. (Laid over from July 23)
Councilmember Harris moved to lay over two weeks.
Laid over to August 6 Yeas - 5 Nays - 0
July 23, 1997 City Council Summary Minutes Page 3
14. Resolution - 97-780 - Authorizing the issuance of General Obligation Tax Increment Bonds to
provide funds to acquire Block 39 and prepare for Lawson Center development; and approving the
execution of a pledge agreement with respect to the Lawson Center development financing. (Laid
over from July 16)
Councilmember Bostrom moved to lay over one week at the request of Deputy Mayor Tim Marx.
Laid over to July 30 Yeas - 5 Nays - 0
15. Administrative Order:
D001258 Amending the 1997 budget in the Office of Financial Services to pay Ramsey County
for administrative charges for local improvement assessments levied on taxes. (Laid
over from July 16)
Noted as on file in the City Clerk's Office
16. Resolution - 97-909 - Requesting the Mayor to designate $125,000 from the General Fund to fund
the Selby Avenue Initiative.
Councilmember Blakey stated that there has been tremendous development on Selby Avenue and
he wants to see that momentum continue. A lot of the development has come from private
interests such as residents putting money into their homes or businesses investing on Selby
Avenue. There has also been some public investment such as Twin City Housing and Project for
Pride in Living. There has been a strong partnership between the private community as well as
public interest. This is another show of faith of public dollars to do some streetscape and other
improvements.
Tim Marx, Mayor's Office, appeared and stated that there has been a focus on improving
Wabasha Street the last two years. The reason for this is that it is viewed as the City's main street
and is an attempt to generate more activity downtown. As consideration is given to expanding
that into other neighborhoods, it must be considered from a City-wide perspective and work to
determine which areas of the City could use additional resources and put that in the context of the
budget discussions. The Administration is willing to work with the Council on similar initiatives
throughout the City, Marx said, as the budget is discussed and to think about how it can be put in
context with what needs to happen City-wide.
Mr. Marx said each neighborhood should not be done in isolation from one another. If there is
going to be a program like this, discussion should take place as to where improvements should be
made from a City-wide perspective and do it on a comprehensive basis.
Councilmember Blakey asked that this resolution be passed and that discussions continue about
other areas of St. Paul that would like funding.
Councilmember Bostrom proposed the resolution include $125,000.00 for the Payne Avenue area.
Councilmember Harris suggested there be a broader initiative; that the Council work with the
Administration, priorities be set and determine what funding is available.
July 23, 1997 City Council Summary Minutes Page 4
Tim Marx said the Administration does want to support the entire City. From a City-wide
perspective, if they want to go forward with Selby, there are other areas that also need to be
looked at where this type of program might be beneficial. They are willing to work with the
Council and the neighborhoods to decided what type of broader initiative might work and how to
fund it, the extent to which there are STAR funds, CIB funds, etc. available. If it's going to
expand there is a need to be strategic and smart about how to expand in order to get the maximum
benefit for the resources used for this purposes.
Mr. Marx suggested that the resolution be amended to request the Administration to work with the
Council and as a part of the `98 budget to come back with a plan for the initiatives or from a City-
wide perspective. It could then be worked on together as part of the budget process.
Various amendments were made to the resolution including a request that the Mayor direct staff to
prepare a budget amendment that provides $750,000 from the general fund for City-wide
improvements.
Tim Marx suggested that it be done as part of the 1998 budget process as this would involve a
substantial amount of funds. The options for that would be to either do a budget amendment this
year or integrate it into programs that could happen in '98.
Councilmember Bostrom suggested the Administration return in four weeks with a report. Mr.
Marx asked that Councilmembers present their ideas to him within a week. A report will be
provided at the August 27, 1997 City Council meeting including plans submitted by neighborhood
groups and organizations.
Angelea Washington, executive director of the Selby Area Community Development Corporation,
appeared and stated she felt this was an opportunity for the Council to set a neighborhood
initiative. She was concerned because the Selby Coalition, through the Selby Area Task Force,
has worked on this for an extensive amount of time. The plan is before the Council and she asked
that the Selby Coalition not be penalized for having a plan because there are no plans from other
neighborhood groups.
Councilmember Collins moved an amendment that the Administration come back with some
projects to be funded in 1997 and some to be funded in 1998. Councilmember Blakey accepted
the amendment as friendly.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 5 Nays - 0
17. Resolution - 97-910 - Calling for a public hearing by the City Council on the modification of the
Redevelopment Plan for the Seventh Place Redevelopment Project, and the creation of the Block
39/Arena Redevelopment Tax Increment Financing.
Councilmember Harris moved approval (public hearing to be held July 30)
Adopted Yeas - 5 Nays - 0
July 23, 1997 City Council Summary Minutes Page 5
18. Resolution - 97-911 - Granting an extension to the property owner of 710 Dayton Avenue of 180
days for repair or removal with conditions.
Councilmember Blakey stated an agreement has been received from the owner and the community
on a timeline to get the property repaired and up to code. He recommended granting 180 days to
comply with the original abatement order.
Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0
PUBLIC HEARINGS
23. Third Reading - 97-839 - An ordinance amending the Saint Paul Legislative Code by adding
language and creating a new section describing circumstances to establish intent to loiter for the
purpose of distributing illegal narcotics. Also creates a new section requiring a probationary order
that prohibits return to the geographical location where the crime occurred.
No one appeared in opposition; Laid over to August 6 for final adoption
24. Third Reading - 97-840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84
of the Saint Paul Administrative Code.
Councilmember Blakey stated that City staff requested a two week layover.
Councilmember Harris moved to continue the public hearing to August 6.
Laid over to August 6 for continuation of third reading/public hearing
Yeas - 5 Nays - 0
25. Third Reading - 97-841 - An ordinance amending the Saint Paul City Charter to require City
employees to take leaves of absence during terms served in elective offices.
No one appeared in opposition;
Laid over to August 6 for final adoption
26. Third Reading - 97-870 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
to allow transfer of stock by corporate licensees with the consent of the City Council, and raising
the cap on licenses to allow four additional.
Robert Kessler, Office of License, Inspections and Environmental Protection (LIEP), stated that
this is a matter of completing the process that was started in the summer of 1996 to issue
additional licenses. Four licenses are recommended to be added because there are four that are
currently in probate and LIEP is not able to complete the issuance of those licenses that were
recommended last summer. It is not possible for businesses to sell the entire business because of
the City's prohibition against transfers.
Randy Geller, owner of Victory Parking and member of the Business Review Council (BRC),
appeared and spoke in support of the ordinance noting that without transferability the BRC feels
there is no incentive for taxicab entrepreneurs to invest in St. Paul but will invest outside the City.
July 23, 1997 City Council Summary Minutes Page 6
Taxicab quality of service and equipment may continue to deteriorate. St. Paul does need good
taxicab service, he said, and currently is short four cabs to serve the community.
Councilmember Harris asked Mr. Geller if the BRC has looked at the taxi cap in general. Mr.
Geller responded that the BRC did have previous discussions on that issue and the result was that
the cap was not increased. It is an issue the BRC plans to take up again, possibly later this year,
and put together a comprehensive plan. The BRC still feels that the taxicab service in St. Paul is
sub-par.
Peggy Katch, taxi driver, stated that currently there are 120 licensed cabs on the streets although a
few of them are not being used. She said that St. Paul needs a coherent, cohesive taxi policy as
well as a coherent, cohesive transportation policy. She said she feels the entire taxi issue needs to
be studied and that the ordinance needs some re-writing. She said there was no policy reason to
add four licenses; however, if licenses are going to be added, she suggested adding a reasonable
number and allowing everyone to have an opportunity to secure them.
Michael Katch, Fleet Manager for United Taxi, and member of the Taxi Advisory Board at the
Minneapolis International Airport, appeared. He stated there are cars sitting on the lots at every
one of the major cab companies. The problem has not been whether there are enough licenses but
whether there are enough qualified drivers.
Pat Burket-Jones, City Wide Cab, said she was informed that the four cars in probate had not been
re-licensed. There is an ordinance stating if cabs are not re-licensed within 30 days they would
come back to the City. Therefore, she said she does not see this as a problem. Transferability
has been a real problem over the years, she said, and it needs to be addressed.
Councilmember Bostrom moved to close the public hearing. Yeas - 5 Nays - 0
Laid over to August 6 for final adoption
27. Resolution - 97-915 - Approving application for a Cigarette, Grocery-C, Gas Station and Auto
Repair License by L & S Automotive Inc., dba Parkway Amoco, 304 Wheelock Parkway East.
(ID #92381)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 5 Nays - 0
28. Resolution - 97-916 - Approving application for a Second Hand Dealer-Motor Vehicle License by
Auto Technical Inc., 503 Cleveland Avenue North. (ID #63432)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0
29. Resolution - 97-917 - Approving application for a Parking Lot/Ramp License by Imperial Parking,
Inc., at 700 7th Street East. (ID #26415)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0
July 23, 1997 City Council Summary Minutes Page 7
30. Resolution - 97-918 - Approving application for a Parking Lot/Ramp License by Imperial Parking,
Inc. at 54 4th Street East. (ID #45131)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 5 Nays - 0
31. Resolution - 97-919 - Approving application for a Recycling Processing Center License by VEIT
& Company, Inc., dba VEIT Container Corporation, 1305 Pierce Butler Route. (ID #12099)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
32. Resolution - 97-920 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 308 Van Buren Avenue, 914 East Sixth Street, 455
West Maryland Avenue #307, 56 Irvine Park, 953 Desoto Avenue, and 1447 East Seventh Street.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
33. Resolution - 97-879 - Ordering the owner to remove or repair the building at 477 Curtice Street
within fiftccn (15) 180 days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from July 9)
Wallace Nelson, 340 Atwater Street, appeared and stated he purchased the property within the last
two weeks. He posted the $2,000 performance bond, pulled the permits, and asked for six months
to improve the property.
Gerry Strathman, Legislative Hearing Officer, confirmed Mr. Nelson's statement and
recommended granting the extension.
Councilmember Bostrom moved approval as amended.
Adopted as amended (remove or repair within 180 days)
Yeas - 5 Nays - 0
34. Resolution - 97-921 - Ordering the owner to remove or repair the building at 369 Fuller Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
35. Resolution - 97-922 - Ordering the owner to remove or repair the building at 1528 Grand Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to January 15, 1998 if the vacant building
fee is paid and a $2,000 bond posted by noon, July 23, 1997)
Gerry Strathman, Legislative Hearing Officer, reported that the owner has paid the vacant
building fee and has posted the $2,000 bond and recommended extending the date to January 15,
1998.
July 23, 1997 City Council Summary Minutes Page 8
Allen Christy, representing TCF Mortgage Corporation, appeared and spoke in support of the
amendment.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
36. Resolution - 97-923 - Ordering the owner to remove or repair the building at 702 Lawson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0
37. Resolution - 97-924 - Ordering the owner to remove or repair the building at 421 Wabasha Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
the owner be given until August 12, 1997 to complete transfer to a new owner)
Sam Taruscio, real estate broker for the property, appeared and stated he has a buyer for the
property and requested he be granted the additional time to complete transfer.
Councilmember Harris moved approval as amended
Adopted as amended (owner was granted until September 12, 1997 to complete transfer to a new
owner) Yeas - 5 Nays - 0
38. Resolution Ratifying Assessment - 97-925 - In the matter of summary abatements (property clean-
up, snow removal or sanding sidewalks) from February to April 1997, demolition of vacant
buildings for February 1997, boardings-up of vacant buildings for February 1997, and boardings-
up of vacant buildings for January 1997. (File #J9707A, J9706C, J97061B, J9706B).
(Legislative Hearing Officer recommends approval with the following exception: 1173 Sherburne
Avenue - delete assessment per Public Health due to inadequate notification)
Lucky Moore, 1774 Norfolk Avenue, appeared. She stated the City had removed her garage and
she felt the assessment was too high.
Gerry Strathman, Legislative Hearing Officer, indicated that an extensive amount of material was
removed from the garage. He provided a breakdown of the assessment fee.
Councilmember Harris reviewed the many dates orders were mailed to this property and said he
felt enough time had been allowed for the owner to rectify the problem.
Councilmember Harris moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
July 23, 1997 City Council Summary Minutes Page 9
39. Appeal of Joyce Ford to a summary/vehicle abatement order at 778 Charles Avenue. (Legislative
Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Bostrom moved to deny the appeal.
Appeal denied Yeas - 5 Nays - 0
40. Appeal of Mary Moore to a summary/vehicle abatement order at 960 Duchess Street.
No one appeared in opposition; Councilmember Bostrom moved to deny the appeal.
(Legislative Hearing Officer recommends denial but allowing the owner until July 25, 1997 to
take care of the problem)
Appeal denied (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
41. Appeal of Marlin Schienbein to a summary abatement order at 96 Robie Street West. (Legislative
Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Morton moved to deny the appeal.
Appeal denied Yeas - 5 Nays - 0
19. Final Adoption - 97-781 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the zoning maps thereof. (Selby Avenue 40-
Acre Study)
Councilmember Blakey noted that Item #19 in the plan was recommended to be changed from
RM-2 to OS-1 and he requested it be changed to B-2.
Roger Ryan, Department of Planning and Economic Development, spoke in opposition to the
amendment. The subject property is on the northwest corner of Lexington Parkway and Selby
Avenue. It is one of several properties that are non-conforming uses, are used for business but
are zoned residential. In the past, this property had been used as an office building and is now
used as a beauty parlor. An office use is a permitted use in the OS-1 district and a beauty parlor
is a special condition use. There is also an amendment that proposes to rezone the property to B-3
which is the most intense neighborhood business district in the zoning code. This is one single lot
surrounded by residential and Mr. Ryan said he felt it would be inappropriate to rezone to B-3 or
even B-2. All through the community process, the property was proposed to be rezoned to OS-1.
Councilmember Blakey stated that he talked to the owner of the property. It was office property
when the zoning discussion took place and in the meantime was turned into a beauty parlor.
Councilmember Harris moved to lay over to August 6
Amended and laid over to August 6 Yeas - 5 Nays - 0
July 23, 1997 City Council Summary Minutes Page 10
42. Resolution - 97-889 - Adopting the Selby Avenue Small Area Plan as an amendment to the City's
Comprehensive Plan. (Laid over from July 9)
Roger Ryan, Department of Planning and Economic Development, noted that there is language in
the Plan stating that this property should be rezoned to OS-1 and will have to be amended to B-2.
Councilmember Harris moved to layover to August 6.
Laid over to August 6 Yeas - 5 Nays - 0
(Amendments were made to the Plan)
43. Final Order - 97-886 - In the matter of construction of a water main and service connections in
Boxwood Avenue from approximately 260 feet west of McKnight Road to approximately 500 540
feet west of McKnight Road. (File #18847) Laid over from July 9)
No one appeared in opposition; Councilmember Morton moved approval with an amendment to
change from 500 feet to 540 feet.
Adopted as amended Yeas - 5 Nays - 0
44. Final Order - 97-926 - In the matter of sidewalk reconstruction on the south side of West Hoyt
Avenue from North Albert Street to North Snelling Avenue. (File #S97064)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
45. Final Order - 97-927 - In the matter of sidewalk reconstruction on both sides of Jessie Street from
East Maryland Avenue to East Brainerd Avenue. (File #S97065)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 5 Nays - 0
46. Final Order - 97-928 - In the matter of sidewalk reconstruction on the south side of East Arlington
Avenue from Greenbrier Street tWalslhStreet, south side both sides of East Geranium Avenue
from Earl Street to Duluth Street; both sides of Greenbrier Street from York Avenue to Sims
Avenue; the north side of East Magnolia Avenue from Cypress Street to Earl Street; both sides of
Sherwood Avenue from Edgerton Street to Payne Avenue; and both sides of Weide Street from
York Avenue to Sims Avenue. (File #S97066-S97071)
Paul Krause, Pastor of Mt. Carmel Lutheran Church, 1144 Earl Street, appeared. He stated that
there is no problem with the sidewalk, which is exposed aggregate, on the north side of Geranium
Avenue from Earl Street to the alley and there is no need to replace it.
Bob Lissick, Department of Public Works Sidewalk Division, responded that this project includes
a two block stretch which is a combination of several areas that Public Works wants to replace.
Part of the sidewalk is in various stages of scaling. Mr. Lissick agreed to meet with Pastor
Krause to come to an agreement.
July 23, 1997 City Council Summary Minutes Page 11
Councilmember Bostrom moved to lay over the portion of sidewalk at issue and moved approval
as amended.
Adopted as amended Yeas - 5 Nays - 0
(Both sides of East Geranium Avenue from Earl Street to Duluth Street laid over to August 6)
47. Final Order - 97-929 - In the matter of sidewalk reconstruction on both sides of Bush Avenue
from Stroh Drive to Weide Street; both sides of Euclid Street from Flandrau Street to Kennard
Street; both sides of Forest Street from Wilson Avenue to Euclid Street; with integral curb on the
north side of East Seventh Street from Ocean Street to Johnson Parkway at 1301 East Seventh
Street only; both sides of East Sixth Street from Cypress Street to Earl Street; both sides of East
Third Street from Cypress Street to Earl Street; both sides of East Third Street from Forest Street
to Cypress Street; and both sides of East Third Street from Mendota Street to Forest Street. (File
#S97072-S97079)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0
ORDINANCES
19. (See Page 9)
20. First Reading - 97-912 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
by reducing the fee for Animal Institutional Use from $400 to $200 to reflect actual cost.
Laid over to July 30 for second reading
21. First Reading - 97-913 - An ordinance amending the Saint Paul Legislative Code Section
140.10(2) extending the hours and days that the required temperatures must be maintained in the
skyways.
Laid over to July 30 for second reading
22. First Reading - 97-914 - An ordinance finalizing City Council action approving the petition of
Metropolitan State University to rezone property located at 4XX Maria Avenue from P-1 to B-2.
(Public hearing held July 2, 1997)
Laid over to July 30 for second reading
July 23, 1997 City Council Summary Minutes Page 12
Councilmember Harris moved to adjourn the meeting. 01
. 6 Ilit NED AT 5 5 P.M.
David . unliruncil President
ATTEST:
Minutes approved by Council
Nancy And on ;t, 3, /997
Assistant Council Secretary
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