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08-14-07 Regular ........ CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting August 14, 2007 I CALLTO ORDER The meeting was called to order by Mayor Goettel at 7:04 p.m. I ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan Rosenberg. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Tom Foley, Transportation Engineer; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. I OPEN FORUM No one was registered to speak. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. I APPROVAL OF MINUTES Council Member Wroge requested the sixth bullet in the City Council motion at the July 18 Special City Council meeting be amended to read "traffic and pedestrian" counts at 66th Street/Portland Avenue and 66th Street/Richfield Parkway intersections on all four corners and the pool crossing on 66th Street. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Meetinq of July 18. 2007 as amended; (2) Special City Council Worksession of July 24, 2007 and (3) Reqular City Council Meetinq of July 24,2007. Council Meeting Minutes -2- August 14, 2007 Motion carried 5-0. Item #1 ANNUAL MEETING WITH CIVIL SERVICE COMMISSION Phil Mortenson, President of the Civil Service Commission, reported on the Commission's past year's accomplishments. The City Council thanked the Commission for their efforts. -c- Item #2 UPDATE FROM CITY HALL TASK FORCE II REGARDING PROPOSED NEW CITY HALL/POLICE/FIRE FACILITY (COUNCIL MEMO NO. 140) Rick Jabs, City Hall Task Force II (CHAT II), provided an update on the task force activities and progress. Mike Cox, Wold & Associates, discussed the City Hall space needs assessment and analysis. Council Member Sandahl asked if the guiding principles established by the task force are listed in order of importance. Mr. Jabs said there is no weight to any of them but that may change as the design moves forward. Council Member Rosenberg requested a public art space and possible wall mural. Mr. Jabs said there is a list of current task force members on the City's website. Council Member Sandahl requested there be a place to recognize Richfield's history. Item #3 COUNCIL DISCUSSION . HATS OFF TO HOMETOWN HITS Council Member Rosenberg acknowledged the top five Good Neighbor landscape award winners: . Tim and Terry Bumgarner, 6830 Newton Avenue South . Gloria Sexton, 7125 Garfield Avenue South . Jim and Julie Miller, 6514 Irving Avenue South . Mark and Sharla Boese, 6408 5th Avenue South . Gordon and Trudy Steinert, 7220 1 st Avenue South Council Member Sandahl announced the September 8 FOWL Ball Golf Klassic at 3:00 p.m. at Fred Richard's Golf Course in Edina. The proceeds support Wood Lake Nature Center. Mayor Goettel volunteered to organize a City Council team to compete against the School Board team. Council Meeting Minutes -3- August 14, 2007 Mayor Goettel stated she has had neighborhood discussions regarding the HUB and concerns regarding evening traffic and crime in that area. She requested updating the HUB site be considered after the Penn Avenue redevelopment. Mayor Goettel requested the technical difficulties with the sound system experienced at the last City Council meeting be addressed. Council Member Rosenberg requested traffic issues in the Madison and Sheridan Parks areas be addressed by the Transportation Commission. She specifically mentioned the 6400 block of Morgan Avenue having traffic counts and speed monitoring. Council Member Rosenberg requested the traffic issues at 75th Street and Morgan/Newton Avenues be addressed by the Transportation Commission, including calming measures. Council Member Rosenberg requested staff check on the YMCA redevelopment project in Edina having a connecting street through Richfield. Council Member Kilian discussed on-street parking issues, including a proposal and action to address the numerous residential complaints, which could be reviewed by the Transportation Commission. Council Member Wroge agreed this matter should be looked into but that he did have a problem with odd/even street snow plowing because there is a good system in place now. He would like to see better enforcement during snowstorms. Council Member Wroge suggested surveying other communities who have restricted on- street parking and provide that information prior to the September 11 City Council meeting. Council Member Kilian discussed the proposal of no overnight parking on all City streets one night each week. Resident complaints would not be necessary because police could go up/down the streets and enforce. All vehicles could be put someplace. He suggested easing into the no-parking with warnings issued first and license plates tracked for repeat offenders. Council Member Wroge said overnight on-street parking should be banned but not only one night a week. Council Member Kilian continued the one night a week ban could be a six-month test in a part of the City and then evaluated. Some parts of the City may find no parking difficult and need some other option. Council Member Rosenberg stated she opposed a total ban because some parts of the City have no garages, driveways and are small lots with alleys. Council Member Sandahl said she had no objection to reviewing restricting overnight on- street parking but every area of the City has its own issues. She agreed to having the Transportation Commission develop a proposal and test area. Mayor Goettel said she did not oppose review by the Transportation Commission. There are always tradeoffs in overnight parking bans with visitors and guests. Council Member Wroge said the ban could exclude areas with alleys. The City Council consensus was to have the Transportation Commission review options for banning overnight street parking and conduct a survey of other communities, including Minneapolis. Council Meeting Minutes -4- August 14, 2007 Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel stated Council Member Wroge requested Item 5E be removed from the Consent Calendar and be considered separately as Item 6. M/Sandahl, SlWroge to approve the aqenda as amended. Motion carried' 5-0. litem #5 I CONSENT CALENDAR A. Approved first reading of proposed ordinance amendments to City Administrative Code Chapter III Subsection 310.33, Subdivision 1 describing vacation leave eligibility; Subsection 310.43, Subdivision 1 describing resignations; and Subsection 310.51, Subdivision 2 describing candidacy leave of absence and scheduling second reading for September 11, 2007 S.R. No. 208 B. Approved resolution authorizing 60-day extension of license agreement between City of Richfield, Kensington Park Retail and CSM Investors for shared parking at municipal liquor store at 7700 Lyndale AvenueS.R. No. 209 RESOLUTION NO. 9971 RESOLUTION AUTHORIZING EXTENSION OF LICENSE AGREEMENT This resolution appears as Resolution No. 9971. C. Approved resolution authorizing donation of used computer equipment to Richfield School District #280 S.R. No. 210 RESOLUTION NO. 9972 RESOLUTION AUTHORIZING the transfer of used computer equipment to independent school district #280 This resolution appears as Resolution No. 9972. D. Approved resolution authorizing reprogramming $32,218 in Community Development Block Grant funding from Jewish Family and Children's Service of Minneapolis to Community Action Partnership of Suburban Hennepin County ($7,359), Home Line ($7,359) and H.O.M.E. ($17,500) S.R. No. 211 RESOLUTION NO. 9973 RESOLUTION TO REALLOCATE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE EXECUTION OF ANY THIRD PARTY AGREEMENTS This resolution appears as Resolution No. 9973. Council Meeting Minutes -5- August 14, 2007 E. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. F. Approved removal of stop sign on 17th Avenue at 64th Street and relocating stop sign to control traffic on 64th Street at 17th Avenue S.R. No. 213 G. Approved ground monument sign that does not conform to height clearance requirements of sign ordinance at 6600 Lyndale Avenue; City Bella S.R. No. 214 ' H. Approved bid minutes/tabulation and award of contract for demolition of 1710 78th Street East and 7214 Cedar Avenue to Doboszenski and Sons, Inc., in amount of $43,540; including identifying award of contract to alternate bidder #1 to One Call Contracting in amount of $50,900 should Doboszenski and Sons, Inc. not be able to perform S.R. No. 215 I. Approved scheduling public hearing on September 11, 2007 regarding issuance of new on- sale wine and on-sale 3.2 percent malt liquor licenses for Patrick's Bakery & Cafe, 2928 West 66th Street S.R. No. 216 M/Sandahl, SlWroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR 5E. Consideration of approval of hiring Nicollet Partners to perform appraisals needed to acquire land needed to build Lyndale Avenue bridge over 1-494 in amountof $63,000 S.R. No. 212 Council Member Wroge questioned why property was being taken at Candlewood Suites. Transportation Engineer Foley explained the frontage road was to be closed to address access issues. M/Sandahl, SlWroge to approve the hirinq of Nicollet Partners to perform appraisals needed to acquire land needed to build the Lvndale Avenue Bridqe over 1-494. Motion carried 4-0. (Rosenberg absent.) Item #7 PUBLIC HEARING REGARDING RESOLUTION ADOPTING SPECIAL ASSESSMENT ROLL FOR 2006 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY S.R. NO. 217 Council Member Kilian presented Staff Report No. 217. M/Kilian, S/Wroge to close the public hearina. Motion carried 5-0. Council Meeting Minutes -6- August 14, 2007 M/Kilian, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9974 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2006THROUGH DECEMBER 31,2006 Motion carried 5-0. This resolution appears as Resolution No. 9974. Item #8 PUBLIC HEARINGS REGARDING RESOLUTIONS ADOPTING SPECIAL ASSESSMENT ROLLS FOR 2006 MAINTENANCE SERVICES AND RESOLUTIONS ORDERING CURRENT 2008 MAINTENANCE SERVICES A. 77TH STREET MAINTENANCE S.R. NO. 218 B. L YNDALE/HUB/NICOLLET MAINTENANCE S.R. NO. 219 Council Member Sandahl presented Staff Report No. 218. Hilmer Hovelson, property owner of 7720 Wentworth Avenue, questioned why only businesses and no homes or apartments pay this assessment. City Attorney Thomson explained the City Charter and State Statute establishes special service districts. The Statute indicates residential properties may not be assessed and apartment buildings are residential. M/Sandahl, S/Kilian to close the public hearing. Motion carried 5-0. M/Sandahl, S/Kilian that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 9975 RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 2006 RESOLUTION NO. 9976 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31,2008 Motion carried 5-0. These resolutions appear as Resolution No.'s 9975 and 9976. Council Member Sandahl presented Staff Report No. 219. M/Kilian, SlWroge to close the public hearing. Motion carried 5-0. Council Meeting Minutes -7- August 14,2007 M/Sandahl, SlWroge that the followinQ resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 9977 RESOLUTION ADOPTING ASSESSMENT FOR L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2006 RESOLUTION NO. 9978 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2008 Motion carried 5-0. These resolutions appear as Resolution No.'s 9977 and 9978. Item #9 PUBLIC HEARING REGARDING RESOLUTION AMENDING CITY'S COMPREHENSIVE PLAN FOR LANGUAGE CLARIFICATION OF POLICIES FOR L YNDALE-HUB-NICOLLET (LHN), CEDAR AVENUE CORRIDOR AND INTERSTATE-L YNDALE-NICOLLET (ILN) SUBAREA PLAN DESCRIPTIONS S.R. NO. 220 Council Member Wroge presented Staff Report No. 220. Claire Killian, 6300 Pillsbury Avenue, asked if the east or west side of Pleasant Avenue was included. Community Development Director Palmborg said the ILN was the west side of the railroad tracks. MlWroge, S/Rosenberg to close the public hearinQ. Motion carried 5-0. MlWroge, S/Sandahl that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9979 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CLARIFYING THE POLICY FOR THE L YNDALE-HUB-NICOLLET (LHN), CEDAR AVENUE CORRIDOR, AND INTERSTATE- L YNDALE-NICOLLET (ILN) SUB AREA PLANS Motion carried 5-0. This resolution appears as Resolution No. 9979. Council Meeting Minutes -8- August 14, 2007 Item #10 CONSIDERATION OF RESOLUTION AMENDING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF ADDITIONAL PARKING AREA AND RECONFIGURATION OF DRIVEWAYS AT 6507,6527 AND 6545 PORTLAND AVENUE (CONTINUED FROM JULY 24,2007) S.R. NO. 221 Council Member Rosenberg presented Staff Report No. 221. Council Member Rosenberg questioned if the conditional use permit (CUP) was necessary if the roundabout was not chosen as the final streetscape for the 66th Street/Portland Avenue intersection. City Attorney Thomson explained, if the roundabout is not the design, this right-of-way (ROW) acquisition would still be required and perhaps, some additional land if the City moved to an alternative design. Based upon preliminary review, all the proposed land in the CUP is to provide parking, which would be available under another design. If additional land was needed, it would be along the west side of Portland Avenue. Coul'Jcil Member Rosenberg said she wanted to make sure nothing was proposed to tie into any intersection design. M/Rosenberg, S/Sandahl that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9980 RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO AllOW THE CONSTRUCTION OF AN ADDITIONAL PARKING AREA AND RECONFIGURA TION OF DRIVEWAYS AT 6507,6527 & 6545 PORTLAND AVENUE Mayor Goettel stated she requested this item be continued from the previous City Council meeting because the funeral home specifically came to her regarding parking issues and she wanted to keep the business whole. Council Member Wroge questioned why the parcels were not previously combined. Morris Nilsen, applicant, explained the property layout and that combining the parcels were not previously addressed and is not a problem now. Motion carried 5-0. This resolution appears as Resolution No. 9980. Item #11 CONSIDERATION OF AUTHORIZING LAND EXCHANGE AGREEMENT BETWEEN CITY AND MORRIS NILSEN FUNERAL CHAPEL, INC. FOR ACQUISITION OF LAND NEEDED TO COMPLETE 66TH STREET AND PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 222 M/Goettel, S/Sandahl to continue consideration of this item to the September 11 City Council meetina because no land exchanae aareement is vet available. Motion carried 5-0. Council Meeting Minutes -9- August 14, 2007 Item #12 CONSIDERATION OF SIDEWALK DESIGN ALONG SOUTHEASTERN LEG OF 6600 BLOCK OF PORTLAND AVENUE AND RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PERMANENT AND TEMPORARY EASEMENTS AT 6633 PORTLAND, 6637 PORTLAND AND 6645 PORTLAND AVENUE S.R. NO. 223 Council Member Sandahl presented Staff Report No.. 223. Public Works Director Eastling said the trees would be preserved and only removed if they became diseased and then the sidewalk would be widened. M/Sandahl, S/Kilian that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9981 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PERMANENT SIDEWALK AND UTILITY EASEMENTS ANDTEMPORARY CONSTRUCTION EASEMENTS LOCATED AT 6633 PORTLAND, 6637 PORTLAND, AND 6645 PORTLAND (66TH STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) Motion carried 5-0. This resolution appears as Resolution No. 9981. Item #13 CONSIDERATION OF APPROVING PLANS FOR RICHFIELD LAKE WATER QUALITY IMPROVEMENT AND RESTORATION PROJECT PLANS, CITY PROJECT 53001, AND AUTHORIZING ADVERTISEMENT FOR BIDS S.R NO. 224 Council Member Rosenberg presented Staff Report No. 224. Mayor Goettel stated she received calls from residents regarding the bridge and park area that are not part of the comments with the Staff Report and that she invited residents to address the City Council. Recreation Services Director Topitzhofer, speaking for the Community Services Commission, said the Commission's preference was to have the bridge versus a culvert as an amenity to the park but it was not discussed at great length so the impression was that it was not a concern. Pete Willenbring, WSB, discussed the difference between installing a bridge versus culvert, including costs, safety, aesthetics, maintenance, hydraulic capacity. Laurie Green, 1020 Rae Drive, representing others in the Woodlake Village Homeowners Association, expressed concerns regarding Crosstown runoff, pollutants, garbage and debris collection, stagnant water, dirty marsh. Council Member Wrage asked if the site would become like the Lake Nokomis marsh area that became a filter system and unusable. Council Meeting Minutes -10- August 14, 2007 Public Works Director Eastling explained the Crosstown drainage would increase the water runoff by 1 %. He discussed the drainage and stormwater cleaning solutions that are required. Public Works Director Eastling discussed the swale depths, easier clean up of floatables on the outside of the lake. He said the character of the lake may not change substantially. An improved maintenance management plan is proposed and there is a responsibility on the local level to maintain cleaner water. Council Member Kilian said the cleaner water ultimately flows into the river and there is a responsibility to be part of the cleaning process. Mayor Goettel asked if there was a written maintenance plan. Recreation Services Director Topitzhofer stated the Community Services Commission was clear on having a written plan and he reviewed the proposed draft, including mowing, garbage collection, trash removal in dried areas, sweeping paths, fallen trees, stormwater inlet/outlet, brushing perimeter to increase visibility. Council Member Wroge suggested the garbage cans be moved away from the benches. Eva Bjerke, 1020 Rae Drive, spoke about the need for a more than once a month clean up for duck and geese droppings on the walking path and expressed concern regarding mosquito control. Recreation Services Director Topitzhofer discussed the proposed increase in vegetation to keep the ducks and geese away from the path and the educating of residents to not feed them. Council Member Rosenberg said this maintenance plan sounds good on paper but there should be a timeline to scrutinize it and provide input to changes. Council Member Sandahl requested staff report back to the City Council with an evaluation on maintenance efforts and invite residents to provide feedback. Council Member Rosenberg requested signage informing the public to not feed the ducks and geese. . M/Rosenberg, S/Sandahl to approve plans for the Richfield Lake Water Qualitv Improvement and Restoration Proiect Plans. City Proiect 53001. with staff providinQ a maintenance evaluation in fall 2008 and the residents be invited to provide feedback, and authorize staff to advertise for bids. Motion carried 5-0. Item #14 CONSIDERATION OF REPLACING CROSSWALK ON LYNDALEAVENUE AT 64TH STREET TO 63RD STREET AND DIRECTING STAFF HOW TO PROCEED WITH PEDESTRIAN REFUGE MEDIAN PROPOSED AT 63RD STREET AND LYNDALE AVENUE S.R. NO. 225 Council Member Kilian presented Staff Report No. 225. Public Works Director Eastling stated the Transportation Commission and Community Services Commission did not have cost estimates when they considered a recommendation. Council Meeting Minutes -11- August 14, 2007 Council Member Wroge questioned when and how often the pedestrian counts were taken. Public Works Director Eastling said it was spot checked and that it varied widely day to day. Council Member Wroge stated a Transportation Commission Member told him the commission does not take costs into account when making a recommendation. Mr. Wroge said they need to consider the costs. Council Member Wroge discussed the recent traffic and pedestrian data he collected while observing the 63rd/64th Streets and Lyndale Avenue area. He said the crosswalk on 64th Street should stay because he did not see anything to support the cost to change it. Another crosswalk can be put in later when there is a better idea of the land use on the west side of Lyndale Avenue. Council Member Sandahl clarified, as Transportation Commission liaison, the commission does consider cost when it's known. Council Member Kilian said if the vacant Lyndale Garden Center site is redeveloped, the natural crossing will be at 64th Street and Lyndale Avenue again. He said he did not want to do something that will cost more later. Council Member Sandahl asked if there are condemnation costs. Public Works Director Eastling said yes. Council Member Wroge asked about a driveway change to turn left from the apartment building onto 63rd Street. Public Works Director Eastling said the access could be eliminated. The City Council did not make a motion so no changes will occur. Item #15 CITY MANAGER'S REPORT None. litem #16 I CLAIMS AND PAYROLL MI Rosenberg, S/Sandahl that the followinQ claims and pavrolls be approved: u. S. BANK AlP Checks: 161001 - 161635 PAYROLL 41514 - 42316; 41289 - 41292 TOTAL $ 2,883,877.64 $ 1,038,224.31 $ 3,922,101.95 Motion carried 5-0. Council Meeting Minutes -12- August 14, 2007 Item #17 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM REGARDING: . DISCUSSION OF STATUS OF AIRPORT LITIGATION AND MEDIATION PROCESS . DISCUSSION OF PROPOSED SETTLEMENT OF DISPUTED CLAIM BEFORE PUBLIC SAFETY OFFICER BENEFIT ELIGIBILITY PANEL City Attorney Thomson stated there are attorney-client legal matters to discuss regarding strategy that require complete confidentiality so the City Council will go into a Closed Executive Session. Mayor Goettel adjourned the open meeting at 9:25 p.m. CLOSED EXECUTIVE SESSION The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 9:27 p.m. . DISCUSSION OF STATUS OF AIRPORT LITIGATION AND MEDIATION PROCESS . DISCUSSION OF PROPOSED SETTLEMENT OF DISPUTED CLAIM BEFORE PUBLIC SAFETY OFFICER BENEFIT ELIGIBILITY PANEL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wrage; Bill Kilian; and Susan Rosenberg. Staff Present: Steve Devich, City Manager; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; Corrine Thomson, City Attorney; and John "Mac" LeFevre, City Attorney. The Closed Executive Session was convened pursuant to M.S. 130.05. The Closed Executive Session adjourned at 10:01 p.m. Item #18 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS The City Council reconvened the public meeting in the Council Chambers at 10:03 p.m. Item #19 CONSIDERATION OF SETTLEMENT OF DISPUTED CLAIM BEFORE PUBLIC SAFETY OFFICER BENEFIT ELIGIBILITY PANEL . City Attorney LeFevre stated the proposed terms of the settlement of the claim by David Ganfield, a former City of Richfield Firefighter, for continued health benefits as discussed in closed session. M/Goettel, S/Rosenberg to accept the terms of settlement. Council Meeting Minutes Motion carried 5-0. -13- August 14, 2007 ADJOURNMENT OF REGULAR CITY COUNCIL MEETING The City Council meeting was adjourned by unanimous consent at 10:05 p.m. Date Approved: September 11, 2007 " <( I- o en w z z ~ Q ...J W u. J: () 0::: u. 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