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HomeMy WebLinkAbout08/07/1989The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on August 7, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak. Absent: Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Don Temeyer, Planning and Development Director 94264 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on August 7, 1989, at 7:00 p.m., and the Minutes of the Regular Session on July 24, 1989, at 7:00 p.m., be accepted and approved. Motion carried. Officer Cheryl Rathe was presented with a Red Cross Life Saving Award for her cardiopulmonary resuscitation performed on a man found not breathing at 1120 Beech Street on September 11, 1988. This is a national award and was signed by President George Bush. Mayor McKinley and the audience conveyed their appreciation to Ms. Rathe for her notorious efforts. Mayor McKinley announced that the funeral for Building Official Jim Curran would be held on Wednesday, August 9, 1989 at 11:00 a.m. at Sacred Heart Church. HEARINGS AND BIDS 94265 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., on F.Y. 1989 Easton Avenue Bridge Repairs, Contract No. 371, as published in the Waterloo Courier on July 21, 1989, be received and placed on file. Motion carried. 94266 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, the "Resolution contract, etc., Absent: Brown. seconded by Angel confirming the approval of plans, specifications, form of in conjunction with said project", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 1989-386. 94267 - Moved by Angel, seconded by Budak that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-387. 94268 - Moved by Fox, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation (See CR 94317 for award of contract): Bidder Peterson Contractors, Inc., Reinbeck, IA Rampart Corporation, Waterloo, IA Youngblut Contracting, Inc., Washburn, IA Motion carried. Bid Bond 5% 5% 0 5% 0 Bid Amount $74,054.50 $75,727.80 $56,020.80 94269 - Moved by Angel, seconded by Dell that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., on F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 380, as published in the Waterloo Courier on July 21, 1989, be received and placed on file. Motion carried. August 7, 1989 Hearings and Bids - continued 94270 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Page 2 Gail Dunnwald, 517 Cutler Street, asked why she had not yet received notification of the impending sidewalk repairs. She noted that her sidewalk on Cutler Street is marked for repair. Eric Thorson, City Engineer, reported that the City had been divided into ten geographical areas with one selected as the beginning. Inspections were made according to a revised criteria established by the City Council and sidewalks were marked. Those property owners whose sidewalks need repair have been marked and will be mailed a certified letter with the date of hearing on said repair as August 14. Mayor McKinley explained that after reconsideration, the City Council changed the standards and the original area was re -inspected with the new standards in mind. Property owners will also be allowed to make repairs if licensed and bonded. A resident at 12234 Avon Avenue asked how a city sidewalk could be vacated. It was explained that the City Council would be conducting a public hearing on August 14, 1989 concerning sidewalk assessments. Tonight's hearing is for the City's portion of the program. Eric Thorson, City Engineer, responded that a vacation of a sidewalk is similar to the vacation of any public right-of-way such as an alley or street. A $25 application fee is required, with review and a recommendation by the Planning, Programming and Zoning Commission to the City Council. The City Council will ultimately decide whether a sidewalk is vacated. Moved by Buck, seconded by Fox the "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-388. 94271 - Moved by Fox, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-389. 94272 - Moved by Dell, seconded by Budak to receive, file and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation (See CR 94318 for award of contract: Bidder Bid Bond Bid Amount Tom Dolan Concrete Contractor, Waterloo, IA 5% $ 53,063.00 Klever Concrete & Carpentry, Independence, IA 5% $ 60,047.05 Rampart Corporation, Waterloo, IA 5% $112,620.75 Motion carried. 94273 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., on F.Y. 1990 Salt Storage Building, Contract No. 381, as published in the Waterloo Courier on July 21, 1989, be received and placed on file. Motion carried. August 7, 1989 Page 3 Hearings and Bids - continued 94274 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Councilperson Fox questioned why only one bid had been received. He also indicated that the Engineer's estimate seems higher than what was originally discussed by the Public Works Committee. John Meyer, Public Works Director, reported that the building is somewhat larger than originally intended. It will allow for an adequate supply of salt to be on hand and delivered at an earlier time to allow for the City to purchase at a lower price. Covering the salt and not allowing it to cake will allow the City to use cheaper salt spreader equipment and a lower grade of salt. These will all produce savings for the City in the long run. Moved by Buck, seconded by Budak the "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-390. 94275 - Moved by Buck, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-391. 94276 - Moved by Budak, seconded by Buck to receive, file and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation: Bidder Bid Bond Bid Amount Park Lane Construction & Development Corp. 5% $185,860.00 Clyde, New York Motion carried. 94277 - Moved by Dell, seconded by Buck that award of contract for F.Y. 1990 Salt Storage Building, Contract No. 381, be tabled for one week. Motion carried. 94278 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., on Exchange Park Asphalting, as published in the Waterloo Courier on July 28, 1989, be received and placed on file. Motion carried. 94279 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, seconded by Buck the "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-392. 94280 - Moved by Buck, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-393. August 7, 1989 Hearings and Bids - continued 94281 - Moved by Fox, seconded by Dell to receive, file and instruct the Park Board for review and Bidder Aspro, Inc. Page 4 Clerk/Auditor to open and read bids and refer to recommendation (bid awarded on August 14, 1989): Bid Bond 5° 0 Bid Amount Alternate 1 $31,700 Alternate 2 $43,250 Motion carried. HEARINGS 94282 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing and notice to bidders for Greenhill Road Pedestrian/Bikeway Facility, IX -6585(9)--79-07, as published in the Waterloo Courier on July 18, 1989, be received and placed on file. Motion carried. 94283 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Buck that "Resolution authorizing to proceed on said project", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-394. 94284 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing for use of $16,072.38 of Federal General Revenue Sharing Funds, as published in the Waterloo Courier on July 25, 1989, be received and placed on file. Motion carried. 94285 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Dell that "Resolution authorizing the proposed use of $16,072.38 in Federal General Revenue Sharing Funds", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-395. 94286 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 382, as published in the Waterloo Courier on July 28, 1989, be received and placed on file. Motion carried. 94287 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Budak, seconded by Buck that "Resolution setting new date of hearing as August 14, 1989 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 381", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-396. PETITIONS FROM PUBLIC 94288 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting request of Richard S. Klingaman for temporary concrete driveway to be located at 2424 Ranchero Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted ancupon approval by Mayor assigned -q. 1989-397. August 7, 1989 Petitions from Public - continued 94289 - Moved by Fox, seconded by Angel Page 5 that communication from City Planner transmitting request of IPS to transfer ownership of the Cedar River Dam located at the Park Avenue bridge, be received, placed on file and "Resolution setting date of hearing as August 14, 1989, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-398. 94290 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Penney's Store, Crossroads Shopping Center, to construct a 7' 4" x 10' addition to west side of their store, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-399. 94291 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting request of Robert Thompson for temporary concrete driveway to be located at 105 Broadway, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-400. 94292 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting request of Paul Roethler for temporary asphalt driveway to be located at 315 Belle Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-401. REPORTS 94293 - Moved by Wright, seconded by Budak that communication from Clerk/Auditor transmitting City of Waterloo Auditor's Reports and Financial Statements for F.Y. 1988, be received and placed on file. Motion carried. 94294 - Moved by Wright, seconded by Budak that communication from Superintendent of Traffic Operations transmitting recommendation of removal of lights from wooden poles on Ansborough at Highway 63, the southeast corner of Ansborough and Martin Road, the northeast corner of Ansborough and West 4th Street, the southeast corner of Ansborough and Ridgeway, removal of light at Cleveland and Falls Avenue, and the installation of a 100 watt HPS street light at the corner of Milwaukee and Fulton, be received, placed on file and "Resolution approving said recommendation", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-402. DOCUMENTS 94295 - Moved by Dell, seconded by Wright that communication from City Planner transmitting Final Plat of Waterloo Country Club First Addition, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-403. August 7, 1989 Page 6 Documents - continued 94296 - Moved by Dell, seconded by Wright that communication from Transportation Program Manager transmitting Supplemental Agreement No. 2 with Brice, Petrides -Donohue Company for final design engineering services in conjunction with Ridgeway Avenue, IX -6500(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-404. 94297 - Moved by Dell, seconded by Wright that communication from Transportation Program Manager transmitting Agreement with Iowa Department of Transportation concerning reconstruction of sanitary sewer in conjunction with Relocated U.S. Highway 218, FN -218-7(120)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-405. 94298 - Moved by Dell, seconded by Wright that communication from Associate Engineer transmitting an agreement with Alabar Plaza, Inc. for purchase of property located adjacent to the easterly portion of Linbud Lane in conjunction with F.Y. 1989 Linbud Lane, Contract No. 358, together with recommendation of approval, be received, placed on file and "Resolution approving said purchase", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-406. 94299 - Moved by Dell, seconded by Wright that communication from Public Works Director transmitting agreement with Iowa Department of Transportation for maintenance of State highway within corporate limits, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-407. 94300 - The Mayor announced that the time had arrived for discussion on the revised waste water treatment agreement with IBP, Inc. Councilperson Fox, Chairperson of the Public Works Committee, reported that the Committee had reviewed said proposed agreement and recommended its subsequent approval by the Council. Donna Vollenweider, 2733 Fairlane Avenue, asked why the City was paying for a treatment facility on IBP's property. John Meyer, Public Works Director, reported that in negotiating with the company, the City agreed to the pretreatment improvement and possible chemical costs and lowered the rate IBP is charged for exceeding minimum standards. He also commented that the Department of Natural Resources had revised its rules on discharge and required that the City renegotiate its original agreement with IBP. He also stated that the City operated a similar facility for Rath Packing Company. Mr. Meyer also indicated that during the last year, IBP has not had any violation meriting enforcement action by DNR in Iowa. Kathy Oberle, 710 Forest Avenue, stated that she did not recall any mention of the City paying for a pretreatment facility at IBP in previous discussions. Hugh Field, City Attorney, stated that the facts of the situation were that this improvement would not result in additional cost to the City and would be totally borne by the sewer rates IBP pays to the City. Additionally, the study completed by Brice, Petrides -Donohue did state that a pretreatment would be necessary. August 7, 1989 Page 7 Documents - continued Moved by Buck, seconded by Dell that communication from Public Works Director transmitting proposed revised Waste Water Treatment Agreement with IBP, Inc., together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-408. RESOLUTIONS TO BE ADOPTED 94301 - Moved by Angel, seconded by Fox that "Resolution authorizing the removal of parking meters on West 4th Street and West 5th Street between South Street and Washington Street", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-409. ORDINANCES TO BE ADOPTED 94302 - Moved by Buck, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (2) Fifth Street (W) of Section 561, Two Hour Parking; and by enacting in lieu thereof a new Subsection (2) Fifth Street (W) of Section 561, Two Hour Parking; and by adding a new Section 562B, Four Hour Parking (two hour parking on West 5th Street between Washington and South Streets and four hour parking on West 4th Street between Washington and South Streets)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Brown. Motion carried. 94303 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Brown. Motion carried. 94304 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Brown. Motion carried. 94305 - Moved by Buck, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (2) Fifth Street (W) of Section 561, Two Hour Parking; and by enacting in lieu thereof a new Subsection (2) Fifth Street (W) of Section 561, Two Hour Parking; and by adding a new Section 562B, Four Hour Parking (two hour parking on West 5th Street between Washington and South Streets and four hour parking on West 4th Street between Washington and South Streets)", be adopted. Ayes: Six. Absent: Brown. Ordinance adopted and upon approval by Mayor assigned No. 3657. BILLS PAYMENT 94306 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-65, in the amount of $1,548,252.81, and Schedule W900, pp. 1-10, in the amount of $15,122.27, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-410. August 7, 1989 Page 8 NEW BUSINESS 94307 - Moved by Budak, seconded by Angel that communication from Waterloo Water Works Board of Trustees transmitting request of Orville Wahl to certify $996.98 against property located at 214 Commercial Street for replacement of water service line, be received, placed on file and "Resolution approving certification", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-411. 94308 - Moved by Budak, seconded by Angel that communication from Planning and Development Director transmitting recommendation of appointment of Robert Walker to the position of Building Inspector II, be received, placed on file and approved. Motion carried. 94309 - Moved by Budak, seconded by Angel that communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Harold Thompson to the position of Sign & Traffic - Equipment Operator I, effective August 15, 1989, be received, placed on file and approved. Motion carried. 94310 - Moved by Budak, seconded by Angel that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Timothy Ament to the Cablevision Commission effective immediately, with expiration date of December 1, 1990, be received, placed on file and approved. Motion carried. 94311 - Moved by Budak, seconded by Angel to instruct City Engineer to prepare plans, specifications, etc., for F.Y. 1989 Independence Avenue Area Storm Sewer Improvements - Phase 2, Contract No. 373, be received and placed on file. Motion carried. 94312 - Moved by Budak, seconded by Angel that plans, specifications, etc., for F.Y. 1989 Independence Avenue Area Storm Sewer Improvements - Phase 2, Contract No. 373, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-412. 94313 - Moved by Budak, seconded by Angel that "Resolution setting date of hearing as August 28, 1989, at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1989 Independence Avenue Area Storm Sewer Improvements - Phase 2, Contract No. 373", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-413. Travel Requests 94314 - Moved by Fox, seconded by Dell that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. D.L. Gilbertson and D. Michael Perigo, Police Officers, to attend Street Tactics & Officer Safety School in Omaha, Nebraska on August 30 -September 1, 1989, with costs not to exceed $495.00, including the use of City vehicle. August 7, 1989 Page 9 Travel Requests- continued 2. Tom Campbell, Deputy Clerk/Auditor, to attend Government Systems Users Group llth Annual Conference in Arlington, Virginia on September 10-13, 1989, with costs not to exceed $1,189.00. 3. Jack E. Lockett, Sergeant, and Jimmie L. Schmidt, Police Officer, to attend Rifle Instructor Development School (NRA) in Jackson, Wyoming on September 25-29, 1989, with costs not to exceed $1,402.00, including the use of City vehicle. 4. Richard Grimm, Street Superintendent, to attend the Iowa Chapter APWA Annual meeting in Harlan, Iowa on August 9-11, 1989, with costs not to exceed $329.00. 5. Tom Jennings, Sergeant, and Dave Marshall, Investigator, to attend High Risk Warrant Service and Tactics (IACP) in Aurora, Colorado, on September 11-12, 1989, with costs not to exceed $910.00, including the use of City vehicle. 6. Terry Blank and Larry Hahn, Sergeants, to attend Instructors/Administrators Conference in St. Louis, Missouri, on August 10-13, 1989, with costs not to exceed $986.00, including the use of City vehicle. 7. Jim Rodemeyer, Personnel Director, to attend League of Iowa Municipalities 91st Annual Convention in Ames, Iowa, on September 13-15, 1989, with costs not to exceed $207.50. 8. Larry Burger, Clerk/Auditor, to attend League of Iowa Municipalities 91st Annual Convention in Ames, Iowa, on September 13-15, 1989, with costs not to exceed $254.40. Motion carried. MISCELLANEOUS 94315 - Moved by Fox, seconded by Dell that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and cigarette license applications be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Bandit's, 1927 Jefferson Street (New) (Expires 8/8/90) (Includes Sunday Sales) Pizza Pub & Sandwich Co., 504 Riehl Street (Renewal) (Expires 8/12/90) (Includes Sunday Sales) 2. Liquor License Permit Application Class E Independence Avenue Liquors, 1825 Independence Avenue (New) (Expires 8/15/90) (Includes Sunday Sales) Application for Temporary Beer Garden Waterloo Greyhound Park, 3250 Greyhound Drive, (1 day --August 12, 1989 with rain date of August 19, 1989) Cigarette License Applications Seventeen (17) Motion carried. BONDS 94316 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 7, 1989, be received, placed on file and bonds approved. 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