11/19/01 City Council Minutes•
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 19, 2001, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY
KENYON, DUANE LARSON, FRED LEISTIKO AND CITY MANAGER CHRIS KUKULSKI
AND ACTING CITY ATTORNEY CHARLES HARBALL WERE PRESENT. COUNCIL
MEMBER RON VAN NATTA WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda. The motion was seconded by
Counsell.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting November 5, 2001
2. Approval of Claims per Payables Register - $170,148.96
3. Award Bid - Two Service Trucks - Public Works Department
Staff is asking Council to accept two State bids for the
replacement of a 3/4 ton truck ($20,496.57) and a 1 ton. truck
($22,658.00).
4. Award Bid - Building Demolition - Public Works Department
Bids were opened November 13th for the demolition of the
former Al -Anon building at 420 First Avenue East. LHC, Inc.
($16,494.00), Sandon Construction ($18,900.00) and A-1 Paving
($38,790.00). A fourth non -responsive bid submitted was
rejected. Staff is recommending the bid be awarded to LHC,
Inc.
Atkinson moved approval of the Consent Agenda. The motion was
seconded by Larson.
Kukulski explained the two service trucks are brand new and will
replace a 1969 1/2-ton Chevy truck and a 1969 1-tan flatbed.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
November 19, 2001
Page 1
1
HEAR THE PUBLIC
Gerry Friesen, 1005 2nd Avenue East, presented the Council with a
letter concerning a sewer line break and backup. (Letter is
attached and by this reference is made a part of the official
record)
Kukulski said City staff is working with the Friesens to help
correct the problem, but it comes down to how the Council wants to
handle these types of breaks and who's ultimately responsible.
There was discussion and Friesen answered questions.
Council members agreed to discuss the problem further during the
Report section at the end of the meeting.
Torn Weaver, 747 East Reserve Drive, member of Airport Advisory
Board, stated according to the agenda, it looks as though the
Council is selling a portion of Daley Field and he reminded members
of their promise to commit one million dollars in airport
improvements if an FAA match is approved.
Matt Waatti, Peak Development, presented a letter to the Council
asking for Tax Increment Funds to assist with the infrastructure
expenditures at Southfield Park. (Letter is attached and by this
reference is made a part of the official record)
Kukulski said he would review the legalities of providing TIP
monies once a project is completed and present his findings at a
future work session.
REJECT PROPOSAL - DALEY FIELD LOT 1
Northwest Investments Partnership, Inc. dba Peak Development,
submitted the only proposal for the redevelopment of Daley Field
Lot 1, the lot just north of Rosauer's. Community Development
Director Susan Moyer stated the offer did not meet the urban
renewal requirements and is recommending the Council decline the
offer and readvertise the property.
Leistiko moved the Council reject the proposal by Northwest
Investments Partnership for Lot 1 and authorize the City staff to
re -bid Lot 1 consistent with State law. The motion was seconded by
Atkinson.
Haarr asked if there will be any opportunities to negotiate the
property.
Kalispell City Council Minutes
November 19, 2001
Page 2
7 o:
Kukulski
explained that
State law
is extremely strict on how public
properties can be sold.
He added,
however, that Mae Nan Ellingson,
the City's
bond counsel,
has indicated since the City has put this
property
out to RFP four
separate
times, she feels comfortable the
City can
now put it out
for bid.
The motion carried unanimously upon vote.
RESOLUTION 4669 - AUTHORIZING THE SALE OF DALEY FIELD LOT 3
Northwest Investments Partnership, Inc, and Murcon Development,
Inc. both submitted proposals for the redevelopment of Daley Field
Lot 3. Staff is recommending the Council accept the offer to
purchase from Murcon Development for approximately $850,000.
Larson moved Resolution 4669, a resolution authorizing the sale of
a portion of the Northwest Quarter of Section 20, Township 28
North, Range 21 West, Flathead County, Montana known as Lot 3,
Daley Field Subdivision, to Murcon Development, Inc., a Canadian
Corporation, and authorizing the City Manager to enter into a
development agreement with Murcon Development, Inc. The motion was
seconded by Counsell.
Kenyon inquired as to why the selling price on this piece of
property is considerably less than the property sold to Rosauer's.
Moyer said they always anticipated this site would sell for less
than Rosauer's because it's a deep lot which lessens its value.
Leistiko asked what the development agreement will include.
Kukulski said this one will be different than previous development
agreements because the City doesn't have any specific plans from
the buyer. He said even though plans have not been provided, they
still have to develop the property according to the City's
regulations.
Harball said he understands the Council is uncomfortable selling
the property without seeing any development plans, but he feels the
developers are respectable and the Council will be happy with what
they plan to do.
Atkinson said the City has tried to sell this lot in the past,
without much interest. He asked why this piece of property has been
hard to sell and if the City needs to sell it now.
Kukulski said there are probably a lot of reasons why the property
has been hard to sell, but it would just be speculation. He said as
Kalispell City Council Minutes
November 19, 2001
Page 3
far as selling the property now, he does feel the Council needs to
sell the land as long as a reasonable price is' offered, and he
thinks the offering price from Murcon is reasonable.
The motion carried upon roll call vote with Counsell, Haarr, Kenyon
Larson, Leistiko and Boharski voting in favor, and Atkinson voting
against.
STREETSCAPE DESIGN CONSULTANT CONTRACT
Proposals for the downtown streetscape design were submitted from
three company teams: Morrison-Maierle/Fischer Associates; Thomas,
Dean & Hoskins/Sitescape Associates; and Robert Peccia/CTA
Architects. Staff is recommending the project design contract be
awarded to Thomas, Dean & Hoskins/Sitescape Associates.
Leistiko moved Council authorize the Public Works Department to
award a contract for design of the Kalispell Downtown Streetscape
Project to Thomas, Dean & Hoskins /Sitescape Associates in the
amount of $189,714.00. The motion was seconded by Atkinson.
Kenyon asked what happens if the project isn't completed by the
June 30th deadline for using tax increment funds.
Kukulski said it has been strongly indicated that any TIF monies
not contractually obligated by June 30th would revert back to the
State, the City's general fund and the County. He said Mae Nan
Ellingson feels there may be some alternatives to that scenario
because of the interest money the City has reinvested into the
district during the past twenty years. Kukulski said no one can
answer that question with certainty, however, because Kalispell is
the first City to have a tax increment district sunset and will be
a test case as to what actually happens.
Boharski asked if the City can pull out of the contract if
something happens that results in this project being abandoned.
Jim Hansz, Public Work Director, said Article 6(D) allows for a
thirty day notice of termination.
The motion carried upon vote with Atkinson, Counsell, Kenyon,
Larson and Leistiko voting in favor, and Haarr and Boharski voting
against.
RESOLUTION 4670 - RESOLUTION OF 'INTENT - NORTHRIDGE SUMMIT
ANNEXATION
A small strip of property along the southern edge of Summit Ridge
near Parkway Drive was apparently missed when the surrounding
Kalispell City Council Minutes
November 19, 2001
Page 4
72.
property was annexed in 1984. This resolution is the first step in
completing that annexation.
Atkinson moved Resolution 4670, a resolution of intention to annex
territory into the City of Kalispell, under the provisions of Title
7, Chapter 2, Part 45, M.C.A. (Annexation of Wholly Surrounded
Land), more particularly described in Exhibit "A", to be designated
as Northridge Summit Addition No. 309, and directing the City Clerk
to provide notice of this resolution as provided by law. The motion
was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4671 - RESOLUTION CALLING FOR PUBLIC HEARING - BUDGET
AMENDMENTS
Eight areas of the budget need amendments and require a public
hearing prior to adoption. The public hearing is scheduled for
December 3rd.
Leistiko moved Resolution 4671, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2001-2002 budget adopted by
the City Council. The motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1403 - INITIAL ZONING - WHITEFISH STAGE CONDOMINIUMS -
2ND READING
Whitefish Stage Condominiums LLC has requested initial zoning of
City RA-1, Low Density Residential Apartment upon annexation. The
property is currently zoned County R-5, Two Family Residential.
Haarr moved second reading of Ordinance 1403, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described as Assessor's Tract 2 in the Northeast Quarter of Section
31, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana (previously zoned County R-5, Two Family Residential) to
City RA-1 (Low Density Residential Apartment), in accordance with
the City -County Master Plan, and to provide an effective date. The
motion was seconded by Larson.
There was no discussion.
Kalispell City Council Minutes
November 19, 2001
Page 5
The motion carried unanimously upon roll call vote.
ORDINANCE 1404 - INITIAL SPRING PRAIRIE PUD ZONING - DNRC SECTION
36 - 2ND READING
The Montana Department of Natural Resources and Conservation has
requested an initial zoning designation of B-5, R-5, and R-4 with
a Planned Unit Development overlay on approximately 454.4 acres
otherwise known as Section 36. Development themes for each Land Use
POD being annexed into the City include a Mixed Commercial, Mixed
Professional and Mixed Residential.
Atkinson moved second reading of Ordinance 1404, an ordinance
approving a Planned Unit Development on certain real property owned
by the Department of Natural Resources and Conservation (DNRC)
known as Section 36. The motion was seconded by Counsell.
Kenyon commented that if the Hampstead agreement for a Tech Park is
not signed off within two years, or if there isn't 40,000 square
feet of business and technology within five years or 120, 000 square
feet of business and technology within ten years, then nineteen
other permitted uses "kick in". He said despite DNRC's stringent
restrictions on development, he would like to see numbers 16 and 17
of the permitted uses, retail facilities/enterprises and tourist
accommodations, changed to conditional uses. Kenyon said he feels
this is a minor modification and would still allow DNRC to utilize
these uses in the future, but with Council approval.
Kenyon moved an amendment to the motion to make numbers 16 and 17
under Section II, Subsection 2.02(B), conditional uses. The motion
was seconded by Leistiko.
Haarr said compared with other permitted uses such as automobile
and livestock uses, he's wondering why the retail was picked out.
He said these are opportunities to provide jobs and impetus for the
business and technology uses. Haarr said the City doesn't own the
land and he feels the Council is sending the wrong message to the
free enterprise system.
Atkinson said he understands Kenyon's desire to do everything we
can to develop a tech park on that property, but the DNRC is
responsible for getting the highest and best use of this land and
they too, want to see a tech park. He said he feels the City and
DNRC are "on the same page", however, they need other alternatives
if a tech park doesn't come to fruition. Atkinson said he agrees
with Kenyon that the agreement probably isn't a "killer", but he
also doesn't feel it's necessary and encouraged the Council to vote
against it.
Kalispell City Council Minutes
November 19, 2001
Page 6
74
Larson said he feels making these uses conditional is just giving
DNRC one more reason to fervently pursue the tech park. He said the
amendment doesn't preclude the uses in numbers 16 and 17, but
simply allows the City to have some control over them.
Leistiko said he agrees the amendment just allows the City to take
a look at these uses if it gets to that point, especially since the
uses in 16 and 17 are those that tend to "go into a strip mall type
environment"
Counsell said he doesn't feel it's necessary to make these uses
conditional, especially with all of the other restrictions placed
on this piece of property. He said DNRC has spent a lot of time
working on this PUD, when they didn't have to work with the City at
all. Counsell said he doesn't want it to look like the City is
inhibiting the process.
Boharski agreed, stating the DNRC is not bound by local planning
laws and could go ahead with this project without the City.
Kenyon commented that maybe the DNRC didn't have to work with the
City, but in reality, he doesn't feel the public would have stood
for a development so near to town without having streets that meet
City codes and without sewer and water.
Public Comment
Dale Luhman, 169 Trail Ridge Road, said the draft EIS listed the
possible uses directly across from Country Estates as Mixed
Professional, but the final EIS listed possible alternatives as
Mixed Commercial. He said making the commercial conditional uses
would at least give the residents "one more shot" to make sure that
what is built along West Reserve is compatible with the existing
neighborhood.
There was discussion by the Council on the mixed commercial
locations and setback and landscaping requirements.
Atkinson said all the building and landscaping statements listed in
the PUD refer to how the development will look from Highway 93,
with nothing mentioned about how it would look from West Reserve.
Narda Wilson, TCPO, said if that's a concern, it would be easily
rectified by adding "and West Reserve Drive" after each reference
to Highway 93.
Atkinson asked Kukulski if he feels the amendment would be a "deal
breaker".
Kalispell City Council Minutes
November 19, 2001
Page 7
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Kukulski said he doesn't think so, but he won't recommend amending
the PUD because the negotiations were done in good faith and staff
feels the agreement before the Council is the best one for the
City.
Boharski reminded Council members that making these conditional
uses came up at first reading and David Greer from DNRC stood at
the podium adamantly opposed.
Haarr reiterated that as long as a developer follows the City's
rules and regulations, the Council shouldn't be concerned with the
uses. He asked if the next step is to require conditional uses for
businesses wanting to locate downtown.
Boharski said he's concerned the Council is considering a change
when a representative from DNRC isn't present. He suggested tabling
the agreement and discussing the amendment with the DNRC prior to
the next reading.
Kukulski said the Council has held third readings on ordinances in
the past and if DNRC can't "swallow the pill", then that's what
would happen. He suggested the Council move ahead with the vote
instead of tabling it.
Mayre Flowers, CFBF, said the DNRC opposed several requirements in
the Memorandum of Understanding, but the City stood firm, got what
it wanted, and they weren't deal breakers. She said the MOU
requires DNRC to comply with the zoning designated by the City and
she urged Council members to vote for the amendment. (Signatures
received from people supporting the tech park are attached and by
this reference are made a part of the official record)
Milt Carlson, 375 Grandview Drive, stated long-term planning is
essential for this area and it's very appropriate for the Council
to require these uses be conditional.
Brace Hayden, 411 Chestnut Drive, also supported the amendment
commenting that it's simply good policy.
Cole Milstead, 311 2nd Avenue West, spoke in support of the
amendment and asked the Council to carefully consider and review
any major commercial use of this site.
Jayson Peters, 936 6th Avenue West, stated you can plan as much as
you want, but at the end you have to let the free enterprise system
take over.
Kalispell City Council Minutes
November 19, 2001
Page 8
76
Scott Lampshire, 1304 5th Avenue East, spoke in favor of the
amendment commenting that the character of this community is unique
and he's concerned with keeping it unique.
Florence O'Neal, 1304 5th Avenue East, said she also supports the
amendment and thanked the Council for already giving careful
attention to this development proposal.
Bob Hafferman, 1337 3rd Street West, said he's "befuddled" because
he thought this was the second reading of the ordinance and the
public hearing has already been held. He said he would have thought
this agreement would have been worked out a long time ago so it
isn't wasting everybody's time.
Pauline Sjordal, 234 3rd Avenue West, stated if members do not
approve this amendment, they are tying the hands of future Councils
and will make it impossible for them to make a good decision
concerning this property.
Atkinson said after hearing all of the comments he has decided to
vote in favor of the amendment.
Boharski commented that he feels the petition circulated by
Citizens for a Better Flathead was misleading because it states,
the entire way across the page, "Save our Tech Park". He said he
doesn't know many people that wouldn't sign it when presented in
that manner. Boharski added, however, what really bothers him is
that it "seems okay that we can sandbag the Department of State
Lands if we're Citizens for a Better Flathead and not have them
here tonight", when last week the Council voted eight to zero in
favor of the agreement. He said if "we're going to deal with it
fairly on one side, let's deal with it fairly on the other side",
adding that both sides should be represented and DNRC wasn't
notified.
Pauline Sjordal stated Boharski should not make an assumption that
just because someone attends a meeting, they're a member of CFBF.
She said she is simply a concerned citizen and was not part of any
"conspiracy".
The motion carried upon roll call vote with Atkinson, Kenyon,
Larson and Leistiko voting in favor, and Counsell, Haarr and
Boharski voting against.
The main motion as amended carried upon roll call vote with
Atkinson, Kenyon, Larson and Leistiko voting in favor, and
Counsell, Haarr and Boharski voting against.
Kalispell City Council Minutes
November 19, 2001
Page 9
77
ORDINANCE 1405 - ZONING TEXT AMENDMENT - MULTI -FAMILY DWELLINGS AS
A PERMITTED USE IN B-2 ZONING DISTRICT - 2ND READING
Richard Dasen has requested an amendment to the Kalispell Zoning
Ordinance to allow multi -family dwellings as a permitted use in the
B-2, General Business District.
Larson moved second reading of Ordinance 1405, an ordinance
amending Sections 27.14.020 and 27.14.030 of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by amending permitted uses in the
B-2, General Business District to include accessory apartments and
multi -family dwellings and removing accessory apartments from
conditionally permitted uses, and declaring an effective date. The
motion was seconded by Leistiko.
There was no discussion.
The motion carried unanimously upon roll call vote with Haarr
temporarily absent.
ORDINANCE 1406 - ZONING TEXT AMENDMENT - BUILDING HEIGHT LIMITS -
2ND READING
The proposed changes in building height limits would allow a
maximum of 40 feet in the commercial, industrial and public zones
and would allow a maximum of 60 feet with a conditional use permit.
Leistiko moved second reading of Ordinance 1406, an ordinance
amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), by
amending the maximum height limit of various zoning districts as
shown on Exhibit "A" and declaring an effective date. The motion
was seconded by Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote with Haarr
temporarily absent.
ORDINANCE 1407 - CELLULAR TOWERS - 2ND READING
TriStar Communications is requesting Council take action on a
proposal for a text amendment to the Kalispell Zoning Regulations
that would allow for the installation of cellular towers in the B-
5, I-1, and I-2 zoning districts.
Leistiko moved second reading of Ordinance 1407, an ordinance
amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), by
allowing the installation of cellular towers in the B-5,
Commercial/Industrial, I-1, Light Industrial and I-2, Heavy
Kalispell City Council Minutes
November 19, 2001
Page 10
Industrial Zones as conditionally permitted uses, subject to
performance standards, and declaring an effective date. The motion
was seconded by Atkinson.
Wilson explained that staff, at the direction of the Council,
looked at setback standards and are recommending the Council
pattern setback requirements from a model ordinance drafted by the
International Municipal Lawyers Association. She said essentially,
the performance standards would require a setback minimum of
fifteen feet from all residentially zoned or developed properties,
or as required by the underlying district, whichever is greater.
Atkinson moved the ordinance be amended to include the performance
standards for setbacks as recommended by staff. The motion was
seconded by Counsell.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon roll call vote.
ORDINANCE 1408 - ZONE CHANGE REQUEST - FLATHEAD CITY -COUNTY HEALTH
DEPARTMENT - 2ND READING
The Health Department has requested a zone change from R-4, Two
Family Residential to R-5, a Residential/ Professional Office zone
to allow the site for the new health department building to be used
for professional or governmental offices as a permitted use.
Larson moved second reading of Ordinance 1408, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described as Lots 13 through 24, Block 132, Kalispell
Original Townsite in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana (previously zoned City R-4, Two
Family Residential) to City R-5 (Residential/Professional Office),
in accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Leistiko.
There was no discussion.
The motion carried unanimously upon roll call vote.
Public Comment
Matt Waatti, Peak Development, asked why he had to wait to receive
a building permit until Ordinance 1405 was finalized. He said the
Health Department started construction even before the first
reading of this ordinance.
Kalispell City Council Minutes
November 19, 2001
Page 11
79
Wilson explained there's a provision is State law that exempts
local and state governments from zoning, however, they are required
to hold a public hearing before the Board of Adjustment. She said
the County abided by those rules and were given authorization to
move forward with the project.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCILZCITY MANAGER'S REPORTS
Kukulski said he and Hansz spoke with the Friesens during the
meeting and outlined a possible solution.
Boharski said he feels it's premature to make a decision this
evening on how the costs are going to be divided. He said he feels
MMIA should be contacted before the Council takes any action.
Kukulski said even if the MMIA decides to pay it, the City's
deductible is still $7,500.
Larson and Kenyon both said they would like to see the issue
settled this evening.
Kukulski said he doesn't think they can have a black and white
answer tonight, but he assured the Council that staff will work
with the Friesens to try and get the problem solved in a fair and
equitable manner.
ADJOURN
The meeting was adjourned at 10:25 p.m.
ATTEST:
Theresa White
City Clerk
Approved December 3, 2001
Wm. E. Boharski
Mayor
Kalispell City Council Minutes
November 19, 2001
Page 12
•
November 19, 2001
Dear City Manager, City Attorney and Council Members,
We are writing to inform you of a problem involving our sewer service that hooks into
the city sewer. On Tuesday, November 13`h we were experiencing a sewer backup and
called in a plumber to clean out the line. They ran into mud and concluded that our sewer
line was collapsed about 120 feet from our house which would:be right at the main city
sewer which is in the alley.
We hired an excavator to come out and he started digging on Saturday, November 1 T"'.
We discovered that the sewer line was broken at the collar where our sewer hooks onto
the main city sewer line. The city came out and saw the damage and the roots that had
grown into the line and offered to tap a new line into the main city sewer so we could
then run a new line from our home to it.
While temporary repairs were being done on our old line we discovered that our
neighbors sewer hooked into ours. We share one 4 inch pipe that runs along the two
property lines. The city then informed us that two households sharing one 4 inch pipe
was illegal. We approached our neighbor who said she did not have any money to fix the
sewer. We went to the public works department and talked to Dick and Jim who
informed us that we could not cut off our neighbors sewer. He told us we were
responsible to -fix the neighbors sewer line along with putting in our own line and that the
city had nothing to do with the matter.
We do not feel that we should be responsible to fix our neighbors line since we had no
knowledge that we shared a line to begin with. We do not want to be responsible for
collecting money 'from her and then have a strained relationship because of that. We
would also like to know if this collar that was broken and full of roots is somehow part of
the city's responsibility. We were also informed today that we would have to pay for the
new tap put into the main city sewer by the city.
We would appreciate your immediate consideration in this matter if possible to make it
fair for everyone. We can't keep the hole and trench open because we are paying; for the
excavator and equipment by the hour.
Sincerely,
Gerry Friesen
Becki Friesen
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