December 5, 1078 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday,
December 5, 1978, at 7:30 p.m. , in the Council Chambers in the City Hall.
Present were Mayor Miller, Councilmen Milbert and Slaton, also City Manager Craig, City
Clerk Richardson, City Enginccr Strojan, Asst. Engineer Anderson, Building Inspector,
Kohnen and City Attorney Vesely. Absent: Councilman Lohmann, Councilman McDonald, and
Operations Director Beecher.
• Reel 141 Mr. Hilbert moved, and Dr. Slaton seconded the motion, that the items under
Side 1 the CONSENT CALENDAR, be approved:
4-
1. Minutes of the November 21, 1978, Council meeting.
2. Additional 1978 misc. license applications: IDEAL HEATING & AIR COND. , INC.,
to install Gas Burners.
3. Request by Northern States Power Co., for permission to place underground
cable on 3rd Street So. , to serve Super Valu.
A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; and Mayor
Miller, yea. Notion carried unanimously.
* * * * * * * * * *
Bills: Dr. Slaton moved, and Mr. Hilbert seconded the motion, that the expenditures
-13 dated December 5, 1978, Warrant No. 554, in the amount of $211,737.50, be
approved and authorized for payment. A poll of the vote was as follows: Dr.
Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously.
Bid:
O13-59 Mr. Don Perlich of T. G. Evenson Associates, read the tabulation of the bids
received for General Obligation Redevelopment Bonds in the amount of $825,000
for 1978. (See tabulation of bids attached) Mr. Perlich then excused himself
to check the tabulation for accuracy and will return for action from the Council
when he is finished. (Also present was Finance Director Chris Nielsen.)
Item: 78-194-R. Dr. Slaton moved, and Mr. Milbert seconded the motion, that Resolution
59-77 No. 78-2742, "RESOLUTION APPROVING FINAL PLAT OF NADLERS FIRST ADDITION".
be adopted. A poll of the vote was as follows: Mr. Milbert yea; Dr.
Slaton, yea; and Mayor Miller, yea. Notion carried unanimously.
Item: 78-175-C. Mr. Milbert moved and Dr. Slaton seconded the motion, that the report
77- from the Omnibus Commission re nomination of persons to form a Cable
Commission Advisory Committee be continued to the December 19 , 1978,
Council meeting and that the appointment of Bob Miller to head this
Committee be approved. A poll of the vote was as follows: Dr. Slaton,
yea; Mr. Milbert yea; and Mayor Miller, yea. Notion carried unanimously.
Action: Dr. Slaton moved,and Mr. Milbert seconded the motion, that the progress
-101 report from the Hopkins Omnibus Commission re development of long range
• objectives and goals re Solid Waste Disposal Plan as set up at Council meeting
of 11-21-78, be continued to the December 19 , 1978, Council meeting. A
poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; and
Mayor Miller, yea. Notion carried unanimously.
Item: 78-191-0. Mr. Hilbert moved,and Dr. Slaton seconded the motion, that Ordinance No.
101-106 78-454, "AN ORDINANCE ESTABLISHING AND RE-ESTABLISHING FIRE LANES; ADOPTING
AN OFFICIAL MAP OF LOCATIONS AND PROVIDING METHOD FOR FUTURE CHANCES OR
ADDITIONS THERETO, AND PROHIBITING OBSTRUCTION.THEREOF", be accepted for
the second reading thereof, and according to law sane to be ordered pub-
lished. A poll of the vote was as follows: Dr. Slaton, yea; Mt. Milbert,
yea; :and Mayor Miller, yea. Notion carried unanimously.
Item: 78-199-0. Mr. Hilbert moved, and Dr. Slaton seconded the motion, that Ordinance No.
106-117 78-455, "AN ORDINANCE AMENDING CHAPTER 5, SECTION 500:00 OF THE CITY OF
HOPKINS 1977 CODE OF ORDINANCES RE: LIQUOR LICENSE FEES AND BUSINESS
LICENSE )1ES", as amended by adding a $50.00 fee per truck for selling from
said vehicle, be accepted for the second reading thereof and according to
law same to be ordered published. A poll of the vote was as follows: Mr.
Milbert, yea; Dr. Slaton, yea; and Mayor Miller, yea. Notion carried un-
animously.
110
Minutes of the December 5, 1978, Council meeting, cont. Page 2.
Item: 78-200-A. Mr. filbert moved, and Dr. Slaton seconded the motion, that the Joint
117-125 Use Rental Agreement for 1979, with Metropolitan Waste Control
Commission, be continued to the December 19 , 1978, Council meeting. A
poll of the vote was as follows: Dr. Slaton, yea; Mr. filbert, yea; and
Mayor Miller, yea. Motion carried unanimously.
Note: At this time in the meeting Mr. Perlich returned to the Council Chambers and
• 125- announced that the calculations of the tabulations of bids received were
correct and the low bidder was the Northern Trust Company of Chicago.
Action: Dr. Slaton moved, and Mr. filbert seconded the motion, that Resolution No. 78-2742,
-134 "RESOLUTION AWARDING THE SALE OF $825,000 (NERAL OBLIGATION REDEVELOPMENT BONDS
OF 1978; FIXING THEIR FORM AND SPECIFICATIONS,DIRECTING THEIR EXECUTION AND
DELIVERY, AND PROVIDING FOR THEIR PAYMENT", be adopted and the Northern Trust Co. ,
of Chicago be awarded the sale with a Net Rate of 5.4932. A poll of the vote
was as follows: Mr. filbert, yea; Dr. Slaton, yea; and Mayor Miller, yea. Motion
carried unanimously.
Item: 78-201-E. Dr. Slaton moved, and Mr. filbert seconded the motion, that Resolution
134-149 No. 78-2743, "RESOLUTION ORDERING ENGINEER'S REPORT ON NECESSARY IMPROVE-
MENTS OF PUBLIC FACILITIES" (7th Avenue North, Minnetonka Mills Road, etc) ,
be adopted. A poll of the vote was as follows: Dr. Slaton, yea; Mr.
filbert, yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 78-202-Z. Mr. filbert moved, and Dr. Slaton seconded the motion, that the request
149- by Paul Steiner for two variances (1) to reduce the west side yard re-
quirement of 20 feet to 10 feet for construction of an office-warehouse,
and (2) rear yard variance requirement of 20 fact to 14 feet 91/2 inches,
be approved as recommended by Zoning & Planning. A poll of the vote was
as follows: Mr. filbert, yea; Dr. Slaton, yea; and Mayor Miller, yea.
Nbtion carried unanimously.
Item: 78-203-Z. Dr. Slaton moved, and Mr. filbert seconded the motion, that the applica-
-189 tion by Paul Steiner for a Conditional Use Permit to construct an office-
warehouse building located at the southeast corner of 15 Avenue and Fifth
Street South, be approved, as recommended by Zoning & Planning. A poll
of the vote was as follows: Mr. Filbert, yea; Dr. Slaton, yea; and Mayor
Miller, yea. Notion carried unanimously.
Item: 78-204-A. Mr. Filbert moved, and Dr. Slaton seconded the motion, that the Mayor's
189-195 appointment of Joseph Morrill to the Joint Recreation and Park Board,
be approved. A poll of the vote was as follows: Mr. Milbert,yea; Dr.
Slat.on, yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 78-205-A. Mr. filbert moved, and Dr. Slaton seconded the motion, that the Fifth
195- Year Community Development Entitlement Application be approved. A poll
of the vote was as follows: Dr. Slaton, yea; Mr. filbert, yea; and Mayor
Miller, yea. Notion carried unanimously.
• Item: 78-206-A. Dr. Slaton moved, and Mir. filbert seconded the motion, that Council
224- approve the $60,000 in Year I and Year II Community Development Contingency
Funds for development of the Downtown Park. A poll of the vote was as
follows: Mr. filbert, yea; Dr. Slaton, yea; and Mayor Miller, yea. Motion
carried unanimously.
Action: Mr. filbert moved, and Dr. Slaton seconded the motion, that the mooting be
-239 adjourned. Notion carried. 9 ,
•
Dorothy M. ohns�o`nC, Sec tary to the Council
COUNCILMEN: ;
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A'rj1 ST /
IPJerre A. Miller, Mayor
tri
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
Pursuant to due call and notice thereof, a regular
meeting of the Council of the City of Hopkins, Minnesota, _was
duly held at the City Hall in the City of Hopkins, on Tuesday,
December 5, 1978 , commencing at 7 : 30 o'clock p.m.
The following members were present:
Councilman Milbert, Slaton and Mayor Miller
and the following were absent:
Councilman McDonald and Councilman Lehmann
* * * * * * * * *
The Mayor announced that the meeting was convened for
the consideration of the bids which had been received for the
111 purchase of $825, 000 General Obligation Redevelopment Bonds of
1978, as advertised for sale. The City Clerk presented affidavits
showing publication of notice of sale in the official newspaper,
and in Commercial West- _=a financial paper published in
Minneapolis, Minnesota,.:which affidavits were examined and found
satisfactory and ordered placed on file.
The City Clerk presented the sealed bids which had been .
received by him prior tothe time specified in the notice of sale,
which were then opened and tabulated. Such bids were as follows :
•
iii, ark' T. G. EVENSEN & ASSOCIATES, INC.
Municipal Finance Consultants
011°1First National Bank Building
II it U Minneapolis, Minnesota 55402
�I 612/336 1637
RESULTS OF SALE $825,000 GENERAL OBLIGATION
REDEVELOPMENT BONDS OF 1978
CITY OF HOPKINS, MINNESOTA
DiMBER 5, 1978 MOODY' S - A-1
BIDDER ADDRESS RATE PRICE NIC
THE NORTHERN TRUST COMPANY Chicago 5.25%-1981/83 $817,500.70 $346,693.05
Becker & Cownie Des Moines 5.30%-1984/87 5.4932%
5.40%-1988/89
5.50 -1990
PIPER, JAFFRAY & HOPWOOD, INC. Minneapolis 5.25%-1981/83 $816,378.75 $347,038.75
Allison-Williams Company Minneapolis 5.30%-1984/86 5.4987%
Dain, Kalman & Quail, Inc. Minneapolis 5.35%-1987/88
M.H. Novick & Co. , Inc. Minneapolis 5.40%-1989
5.45%-1990
BANCNORTHWEST Minneapolis 5.25%-1981/83 $817,368.76 $347,237.49
Cronin & Marcotte, Inc. Minneapolis 5.30%-1984/86 5.5018%
Northwestern National Bank Hopkins 5.35%-1987
5.40%-1988/89
• 5.50%-1990
CARLETON D. BEH COMPANY Minneapolis 5.30%-1981/85 $817,657.50 $348,111.25
5.35%-1986/87 5.51572%
5.40%-1988
5.45%-1989
5.50%-1990
FIRST NATIONAL BANK OF MINNEAPOLIS Minneapolis 5.25%-1981/82 $816,997.50 $349,327.50
The First National Bank of Saint Paul St. Paul 5.30%-1983/86 5.5349%
First National Bank Hopkins 5.40%-1987/88
5.50%-1989/90
REOFFERING SCALE
YEAR COUPON YIELD
1981 5.25 5.25
1982 5.25 5.25
III 1983 5.25 5.25
1984 5. 30 5.30
1985 5.30 5.30
1986 5.30 5.30
1987 5.30 5.30
1988 5.40 5.35
1989 5.40 5.45
1990 5.50 5.50
After due consideration of said bids, Councilmember
Slaton introduced the following resolution and moved
its adoption:
• Resolution No. 78- 2742
RESOLUTION AWARDING THE SALE OF $825, 000
GENERAL OBLIGATION REDEVELOPMENT BONDS OF
1978; FIXING THEIR FORM AND SPECIFICATIONS,
DIRECTING THEIR EXECUTION AND DELIVERY, AND
PROVIDING FOR THEIR PAYMENT.
BE IT RESOLVED By the City Council of the City of Hopkins,
Minnesota, as follows:
1. The bid of Northern Trust Co. of Chicago
to purchase $825, 000 General Obligation Redevelopment Bonds of 1978 ,
of the City described in the notice of sale thereof is hereby
found and determined to be the highest and best bid received pursuant
to duly advertised notice of sale and shall be and is hereby accepted,
such bid being to purchase such bonds at a price of $ 817,500070
plus accrued interest to date of delivery, such bonds to bear interest
as follows:
• Year of Maturity Interest Rate
1981/83 5.25%
1984/87 5.30%
1988/89 5.40%
1990 50500
The City Clerk is directed to retain the good faith check of the
successful bidder pending completion of the sale and delivery of
the bonds. The City Clerkis directed to return the checks of the
unsuccessful bidders forthwith.
2 . The City of Hopkins shall forthwith issue and sell
its General Obligation Redevelopment Bonds of 1978, in the principal
amount of $825, 000 dated November 1, 1978 said bonds being 165 in
number and numbered 1 to 165, both inclusive, in the denomination of
$5, 000 each, bearing interest as above set forth, all interest payable
August 1, 1979 and semiannually thereafter on February 1 and j
August 1 in each year, and which bonds mature serially on February 1 1
in the years and amounts as follows:
•
YEAR AMOUNT
1981 $ 50, 000
1982 50, 000
• 1983 60, 000
1984 60, 000
1935 75,000
1986 85, 000
1987 100, 000
1988 105, 000
1989 115, 000
1990 125, 000
All bonds maturing after February 1, 1988 being subject to redemption
in inverse order of serial numbers on said date and any interest
payment date thereafter at a price of par plus accrued interest.
3. Both principal and interest shall be payable at
Bank of
and the City of Hopkins shall pay the reasonable charges of said
bank for its services as paying agent.
4 . The bonds and the interest coupons to be thereto
attached shall be in substantially the following form:
411 No. $5 ,000
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF HOPKINS
GENERAL OBLIGATION REDEVELOPMENT BOND OF 1978
KNOW ALL MEN BY THESE PRESENTS that the City of Hopkins,
Hennepin County, Minnesota, acknowledges itself to be indebted and,
for value received, hereby promises to pay to bearer, the sum of
FIVE THOUSAND DOLLARS on the 1st day of February, -19 , and to pay
interest thereon from the date hereof until the principal amount is
paid at the rate of percent ( %) per annum, interest
to maturity payable August 1, 1979 , and semiannually thereafter on the
1st day of February and the 1st day of August in each year in
accordance with and upon presentation and surrender of the interest
coupons hereto attached as they severally become due. Both principal
0 of and interest on this bond are payable at the
Bank of
in any coin or currency of the United States of America which on
the date of payment is legal tender for public and private debts.
All bonds of this issue maturing after February 1, 1988,
are subject to redemption at the option of the City in inverse order
of serial numbers on said date and any interest payment date there-
after, at a price of par plus accrued interest to date of redemption.
This bond is one of an issue of bonds in the total principal
amount of $825, 000, all of like date and tenor except as to maturity,
• interest rate, redemption privilege and serial number, all issued by
the City for the purpose of providing money to defray the expenses
incurred and to be incurred in financing a Redevelopment Project,
pursuant to and in full conformity with the Constitution and laws
of the State of Minnesota, including Minnesota Statutes, Section
462. 585, and the home rule charter of the City, and is payable
primarily from tax increments from said Project pursuant to a Tax
Increment Agreement executed by the City and the Housing and Redevelop-
ment Authority of the City of Hopkins on November 7 , 1978 , but
constitutes a general obligation of the City and, to provide moneys
for the prompt and full payment of said principal and interest as the
same become due, the full faith and credit of the City is hereby
irrevocably pledged, and the City Council will levy ad valorem taxes,
if required for such purpose, which taxes may be levied on all of
the taxable property in the City without limitation as to rate or
amount.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions
and things required by the Constitution and laws of the State of
Minnesota and the home rule charter of the City to be done, to
happen and to be performed precedent to and in the issuance of this
0 bond have been done, have happened and have been performed in regular
and due form, time and manner as required by law; and that this bond, •
together with all other indebtedness of the City outstanding on the
date hereof and on the date of its actual issuance and delivery does
not exceed any constitutional , statutory or charter limitation thereon.
IN WITNESS WHEREOF, the City of Hopkins, Hennepin County,
Minnesota, by its City Council, has caused this bond to be executed
by the facsimile signature of the Mayor and the manual signature
of the City Manager and sealed with a facsimile of the corporate seal
of the City, and the interest coupons hereto attached to be executed
and authenticated by the facsimile signatures of said officers, all
as of November 1, 1978 .
(facsimile)
Mayor
• City Manager
(facsimile seal)
(Form of Coupon)
No. $
On the 1st day of August (February) , 19 , the City of
Hopkins, Hennepin County, Minnesota, will pay to bearer, at the
Bank of
the amount shown hereon for interest then due on its General
Obligation Redevelopment Bond of 1978, dated November 1, 1978, No.
(facsimile signature)
Mayor
(facsimile signature)
City Manager
5. The City Clerk shall obtain a copy of the proposed
approving legal opinion of Messrs. LeFevere, Lefler, Pearson, O 'Brien
and Drawz of Minneapolis, Minnesota, which shall be complete except as
to dating thereof and shall cause said opinion to be printed on each
bond, together with a certificate to be signed by the facsimile
signature of the City Clerk in substantially the following form:
• full,I hereby certify that the foregoing is a
true and correct copy of the legal opinion
executed by the above named attorneys, except as
to the dating thereof, which opinion has been
handed to me for filing in my office prior to the
time of bond delivery.
(facsimile signature)
City Clerk
City of Hopkins, Minnesota
The City Clerk is hereby authorized and directed to execute such
certificate in the name of the City, upon receipt of such opinion
and to file the opinion in his office .
6. The bonds shall be executed on behalf of the City
by the facsimile signature of the Mayor and the manual signature
of the City Manager, and the interest coupons shall be executed and
• authenticated by the printed facsimile signatures of the Mayor and
City Manager, and the facsimile of the corporate seal of the City
may, but need not be, printed thereon. The bonds when fully
executed, shall be delivered by the City Treasurer to the purchaser
thereof upon receipt of the purchase price, and the said purchaser
shall not be obligated to see to the proper application thereof.
7. The bonds issued hereunder or additional bonds
similarly authorized and issued shall be payable from the General
•
Obligation Redevelopment Bonds of 1978 Debt Service Fund hereby created,
and the proceeds of general taxes hereinafter levied and all tax
increments from the Project Area in which the project financed by the
bonds (the "Project" ) is located received by the City from the Housing
and Redevelopment Authority pursuant to the tax increment agreement
executed by the City and the Authority on November 7 , 1978 . If any
payment of principal or interest on said bonds shall become due when
there is not sufficient money in said fund to pay the same, the City
Treasurer shall pay such principal or interest from the general fund
of the City and such fund may be reimbursed for such advances out
of proceeds of said tax increments when received.
8. It is hereby expressly found and determined that the
aforedescribed General Obligation Redevelopment Bonds issued here-
under shall be payable from tax increments received from a redevelop-
ment project pursuant to the tax increment agreement executed by
the City and the Authority on November 7, 1978 , and said tax increment
funds are hereby irrevocably appropriated and pledged to the Debt
Service Fund for the bonds authorized by this resolution or any
additional bonds similarly authorized and issued.
410 9. It is hereby found and determined that the estimated
tax increments from the Project Area are sufficient to provide funds
equal to at least 5% in excess of the amount needed to pay principal
and interest when due on said bonds. In order to further secure the
payment of the bonds it is determined to be expedient and desirable
to levy a direct, annual, irrepealable ad valorem tax on all taxable
properties in the City, which tax levy shall be in the years and
amounts as follows: (year stated being year of levy for collection
in the following year)
YEAR LEVY YEAR LEVY
The City Clerk is authorized and directed to annually, prior to
October 10, certify to the County Finance Director of Hennepin County
•
the amount by which funds on hand from tax increments from the Project
Area exceed the amount necessary to pay principal and interest on
the bonds in the ensuing year and to request the Finance Director to
reduce or cancel the tax herein levied by that amount pursuant to
Minnesota Statutes, Section 475. 61, Subdivision 3 . The Clerk is
further directed to file a certified copy of the resolution with
0 the Finance Director of Hennepin County and obtain his certificate
as required by Minnesota Statutes, Section 475.63 .
10. It is hereby determined that the redevelopment project
financed by these bonds has a relationship to the comprehensive
municipal plan and that these items have been referred to the Planning
Commission under the provisions of Minnesota Statutes, Section 462.356,
Subdivision 2 and Minnesota Statutes, Section 462 . 515, and a written
opinion of the planning agency is on file in the office of the City
Clerk.
11. The officers of the City are hereby authorized and
directed to prepare and furnish to the purchaser of the bonds and to
the attorneys approving the same, certified copies of proceedings
and records of the City relating to said bonds and to the financial
condition and affairs of the City, and such other certificates,
affidavits and transcripts as may be required to show the facts
within their knowledge or as shown by the books and records in their
custody and under their control, relating to the validity and
marketability of said bonds and such instruments, including any
heretofore furnished, shall be deemed representations of the City
as to the facts stated therein.
12. The Mayor, Clerk and City Manager are hereby authorized
and directed to certify that they have examined the official statement
or prospectus prepared and circulated in connection with the issuance
and sale of $825, 000 General Obligation Redevelopment Bonds of 1978
and that to the best of their knowledge and belief said statement is
a complete and accurate representation of the facts and representations
made therein as of the date of said official statement or prospectus
as it relates to the City of Hopkins.
13 . In this resolution the terms "Project" , "Project Area" ,
and "Tax Increment Agreement" have the meanings given them by
Resolution 78-2736 of November 7 , 1978 .
The motion for the adoption of the foregoing resolution
was duly seconded by Councilman Mi rt , and upon vote
. being taken thereon, the following voted in favor thereof:
Councilman Milbert, Slaton and Mayor Miller
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
)
CITY OF HOPKINS )
• I, the undersigned, being the duly qualified and acting
City Clerk of the City of Hopkins, Minnesota, do hereby certify
that I have carefully compared the attached and foregoing extract
of minutes of a regular meeting of the City Council held on
Tuesday, December 5, 1978 , with the original thereof on file in my
office and the same is a full, true and complete transcript there-
from insofar as the same relates to the issuance and sale of $825, 000
General Obligation Redevelopment Bonds of 1978 of the City.
WITNESS .My hand as such Clerk and the corporate seal of
the City this 18th day of December , 1978.
S
City Clerk
City of Hopkins, Minnesota
(SEAL)
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