2015.02.09 PC Meeting PacketPage I of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, February 9, 2015 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.539.1142 or
email iohn. sutfer(cclysfalmn. qov if unable to attend
* Items for which supporting materials are included in the meeting packet
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at p.m. with
the following members present:
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [2014 Vice Chair]
[vacant]
[vacant]
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 3)
❑ Commissioner (Ward 4)
Heigel
VonRueden [ 2014 Chair]
Johnson
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 3)
❑ Commissioner (At -Large)
Erickson
Buck [2014 Secretary]
Strand
B. INTRODUCTIONS
• New City Council Liaison Jeff Kalb
C. ANNUAL ORGANIZATIONAL MEETING -- ELECTION OF OFFICERS
• Chairperson
• Vice -Chairperson
• Secretary
D. APPROVAL OF MINUTES *
Moved by and seconded by to approve the
minutes of the December 8, 2014 regular meeting with the following exceptions:
Motion carried.
Page 2 of 3
E. PUBLIC HEARING
Consider Application 2015-1 to amend the Zoning Ordinance to add Impound
Lots as a Conditional Use in the 1-1 District *
Staff presented the following:
The following were heard:
Planning Commission discussion:
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2015-1 to amend the Zoning Ordinance to add Impound Lots as a
Conditional Use in the 1-1 District.
Motion carried.
Page 3 of 3
F. GENERAL INFORMATION
1. City Council actions on previous Planning Commission items:
• December 16, 2014: Approved a rear setback variance for 4717 Florida
• January 6, 2015: Approved shifting the rear lot line between 4939 Vera Cruz and
4938 Welcome
2. Staff preview of likely agenda items for Monday, March 9, 2015 meeting
3. Quarterly Development Status Report *
G. OPEN FORUM
H. ADJOURNMENT
Moved by and seconded by to adjourn.
Motion carried.
The meeting adjourned at p.m.
M E M O R A N D U M
DATE: February 3, 2015
TO: Planning Commission (February 9 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Annual Organizational Meeting to Elect Officers
The Planning Commission has three officer positions, elected by the members of the
commission:
■ Chairperson. Currently Dick VonRueden (since January 14, 2013).
■ Vice Chairperson. Currently Joe Sears (January 14, 2013).
■ Secretary_. Currently Tim Buck (since January 14, 2013).
The duties of each officer position are described in the attached bylaws excerpt.
Please note that no officer may serve for more than two consecutive years in the same
position. This means that each of the current officers above may not continue in the
same office.
Planning Commission action on each office is requested using the following procedure:
- The meeting chair asks for a motion and second for any nominations for the office.
- If there is only one nomination, the commission would fill the office by voice vote.
- If there are two or more nominations, each commission member would vote for one
of the nominated members using paper ballots tabulated by the recording secretary.
The candidate receiving the most votes is elected to the position. In the event of a
tie, a coin toss is used as a tie-breaker.
ANNUAL ORGANIZATIONAL MEETING
PAGE 1 OF 1
ARTICLE H. ORGANIZATION
A. Election of Officers
The officers of the Commission shall be elected by the members of the Commission at
the January meeting each year. Officers shall serve for a period of one year, commencing
with the first meeting of each year. The term of office for each Officer is one year, and
that no Officer may serve for more than two consecutive years in the same position.
B. Officers
The officers of the Commission shall be a Chairperson and Vice Chairperson and
Secretary. In addition, there shall be an official administrative secretary who need not be
a member of the Commission.
C. Duties
The Chairperson shall preside at all meetings of the Commission, shall have such
powers of the supervision and management as may pertain to the office of the
Chairperson.
2, The Vice Chairperson shall preside and perform all duties of the Chairperson in
the event of the Chairperson's absence, disqualification or disability.
The Secretary shall be responsible for administrative work necessary for the
operations of the Planning Commission, unless city staff has been directed by the
City Manager to assume these administrative duties. In the absence of the
Secretary, a temporary Secretary may be appointed by the presiding officer to
fulfill the duties of Secretary at that meeting.
The Secretary shall keep the minutes of all meetings and all records of the
Commission. Minutes of the meetings shall be mailed or delivered to all
Commission members and shall include the notice and the agenda for the next
regular meeting. The Secretary shall notify all members of any special meeting of
the Commission. Approved minutes shall be provided to the City Council in the
next available meeting packet or newsbrief.
In addition to these administrative duties, in the absence of the Chairperson and
Vice Chairperson, the Secretary shall preside and perform all duties of the
Chairperson in the event of the Chairperson's absence, disqualification or
disability.
4. It shall be the duty of each member to notify the administrative secretary if such
meeting cannot be attended.
Unapproved Minutes of December 8, 2014 Planning Commission Meeting
Page 1 of 4
CRYSTAL PLANNING COMMISSION MINUTES
Monday, December 8, 2014 at 7:00 p.m.
Council Chambers, Crystal City Hall
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the
following members present:
X Commissioner (Ward 1)
X Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
[vacant]
X Commissioner (Ward 1)
X Commissioner (Ward 3)
X Commissioner (Ward 4)
Heigel
VonRueden [Chair]
Johnson
X Commissioner (Ward 2)
X Commissioner (Ward 3)
X Commissioner (At -
Erickson
Buck [Secretary]
I Large) Strand
Also attending were staff members John Sutter and Gail Van Krevelen and Council
member Laura Libby.
B. APPROVAL OF MINUTES
Moved by Commissioner Heigel and seconded by Commissioner Buck to approve the
minutes of the November 10, 2014 regular meeting with no exceptions.
Motion carried.
C. PUBLIC HEARINGS
Consider Application 2014-11 to shift the rear lot line between 4939 Vera Cruz
Avenue North and 4938 Welcome Avenue North 45 feet east of its present
location.
Staff presented the following:
Planner Sutter said that the property owner of both lots wishes to shift the lot line
45' to the east to expand the lot that they occupy. Mr. Sutter indicated that the
concrete slab behind the 4939 Vera Cruz garage needs to be removed, but
otherwise there are no structures involved. He also stated that the city has two
conditions to approval, the removal of the concrete slab and the granting of a 10'
drainage and utility easement along the current lot line.
Commissioner Buck asked whether it was allowable to move lot lines with the
garage encroachment onto the property to the north. Planner Sutter said that
was an agreement between the prior owners and moving the rear lot line would
not affect the encroachment along the north side lot line.
GAPLANNINGTIanning Coin mission12014112.081unapproved minutes.doc
Unapproved Minutes of December 8, 2014 Planning Commission Meeting
Page 2 of 4
The following were heard:
Dan Mruz Sr. spoke before the commission and questioned what is planned for
the space being added. He also stated that he was making $70,000 worth of
improvements to his property and was concerned that the owner might move the
garage to the back of the property and because of its poor condition, the effect it
may have on the value of his property.
Mr. Sutter said the owner has not expressed any plans to build on the property or
move the garage but has the right to do so. He again stated that the garage
encroachment is a civil matter between the two owners and there were no
grounds to deny the application. It doesn't create any non-conformance and
doesn't preclude removal or relocation of the garage.
Kelly Mruz, 4944 Vera Cruz Ave N, was concerned that if this is approved there
wouldn't be enough of the lot left when it is put up for sale. She also said the
garage is very deteriorated and the property is an eyesore. She questioned why
vehicles are being parked on the property when there is nobody living in the
house.
Commissioner Buck asked about the agreement regarding the garage
encroachment, Mr. Sutter said that neither party to the original agreement is a
current property owner and again reiterated that this is a civil matter between the
two owners.
Moved by Commissioner Sears and seconded by Commissioner Heigel to
recommend approval of Application 2014-11 to shift the rear lot line between
4939 Vera Cruz Avenue North and 4938 Welcome Avenue North 45 feet east of
its present location.
Motion carried.
2. Consider Application 2014-12 for a variance to reduce the rear setback
requirement to allow an addition to a nonconforming house at 4717 Florida
Avenue North.
Staff presented the following:
Planner Sutter stated this is an unusually shallow lot, only 95' deep after 30' for
the street easement. The house is less than 30' from the rear lot line, and based
on aerial photos the neighborhood developed around the house which was part
of a farmstead with multiple buildings. The property owners would like to do
significant renovation to double the size of the house and to do that, the rear
setback needs to be reduced. The owners are requesting a minimum rear
setback of 25' for the house and also a 14' setback for a deck that they wish to
build onto the back of the house.
GAPLANNINGTIanning Commission12014112.081unapproved minutes.doe
Unapproved Minutes of December 8, 2014 Planning Commission Meeting
Page 3 of 4
The following were heard:
Patty Croal spoke to the commission, stating that they want to rehab the house
and make it look better and that they plan to sell the property.
Commissioner Sears said that the 25' setback was not uncommon.
Commissioner Kolb asked if this would then make what's there conforming. Mr.
Sutter said that it would, the variance would be permanent and run with the land
forever.
Commissioner Heigel questioned if the retaining wall would extend to the street.
James Croal stated that there is an existing wall there, and they plan to excavate
it further back to add on to the garage.
Commissioner Kolb asked if city staff had heard from any neighbors.
Jim Peterson of JC Peterson Homes spoke to the commission, stating that he
owns 4720 Georgia Ave N. He said he demolished the existing home on his
property and built a new one, and has no objections to the proposal.
Moved by Commissioner Kalb and seconded by Commissioner Buck to
recommend approval of Application 2014-12 for a variance to reduce the rear
setback requirement to allow an addition to a nonconforming house at 4717
Florida Avenue North.
Motion carried.
D. GENERAL INFORMATION
Commission VonRueden asked what happened with the U -Haul that was approved on
the south end of Crystal. Mr. Sutter stated he wasn't sure, but that the owner doesn't
appear to have opened yet. The CUP is still valid so he has some time.
Commissioner Kolb will be a council member beginning in January so there will be 2
openings on the commission. Commissioner VonRueden questioned whether existing
commission members have to go through the interview process. Mr. Sutter said his
understanding is that if there are no complaints, and the members want to continue on
the commission, then no interviews are required.
1. City Council actions on November 18 regarding previous Planning Commission
items:
• Approved a conditional use permit for custom manufacturing at 5249 Douglas
Drive North (Borja Dental)
GAPLANNINGIPIanning Commission12014112.081unapproved minutes.doc
Unapproved Minutes of December 8, 2014 Planning Commission Meeting
Page 4 of 4
Approved a roof height variance to allow expansion of a nonconforming garage
at 6602 591h Avenue North
2. Staff preview of likely agenda items for Monday, January 12, 2015 meeting
Nothing at this time.
E. OPEN FORUM
No one spoke before the commission.
F. ADJOURNMENT
Moved by Commissioner Buck and seconded by Commissioner Heigel to adjourn.
Motion carried.
The meeting adjourned at 7:30 p.m.
GAPLANNINGIPIanning Commission12014112.081unapproved minutes.doe
M E M O R A N D U M
DATE: February 3, 2015
TO: Planning Commission (February 9 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director c0
SUBJECT: Public Hearing: Application 2015-01 to consider a Zoning Ordinance text
amendment to add impound lots as a conditional use in the 1-1 District
A. BACKGROUND
North Suburban Towing ("NST") operates an impound lot at 5170 West Broadway. The
zoning ordinance does not allow impound lots but NST is lawfully nonconforming which
means it may remain in place but cannot expand or relocate to another site in Crystal.
The Burlington North Santa Fe and Canadian Pacific railroads are proposing a
connector track through NST's current location. NST would like to relocate to another
industrial location in Crystal and therefore has applied for a zoning ordinance text
amendment to allow impound lots as a conditional use in the 1-1 Light Industrial district.
Notice of the Planning Commission's February 9 public hearing was published in the
Sun Post on January 29. No comments have been received to date.
The following Exhibits are attached:
A. Narrative submitted by NST
B. Aerial photos showing NST's current location
C. Proposed ordinance amendment drafted by staff
D. Crystal zoning map showing general location of north and south industrial areas
E. Zoning map excerpts and aerial photos showing potential locations in detail
B. STAFF COMMENTS
The purpose of the 1-1 light Industrial district is to provide for light industrial
development such as warehousing and manufacturing, with office and retail allowed as
limited accessory uses. The city's zoning ordinance does not have a heavy industrial
district because there is no existing heavy industry in the city and the 1-1 district
regulations allow a wide range of uses either as permitted or conditional uses.
However, impound lots are not a permitted or conditional use in Crystal, which is not
unusual in a fully developed, predominantly residential suburb. For example, the
adjacent cities of Brooklyn Center, Robbinsdale and Golden Valley similarly do not
allow impound lots. However, New Hope and Brooklyn Park do allow them in their
general industrial districts with a CUP.
TEXT AMENDMENT - ALLOW IMPOUND LOTS BY CUP IN 1-1
PAGE 1 OF 2
The proposed ordinance is attached as Exhibit C.
Considerations for amending the ordinance:
1. There are small, isolated pockets of the city's 1-1 district that have the feel of a more
general industrial area. Rather than create an 1-2 district, the city can accommodate
a wider range of uses, such as impound lots in this case, by adding them as
conditional uses with standards and requirements designed to protect the other
properties in the 1-1 district and the community as a whole.
2. Impound lots are an essential service for law enforcement and there is no guarantee
that an impound lot would be granted a CUP to locate in New Hope or Brooklyn
Park. There is the potential for increased costs to the Crystal Police Department if
there is no towing company located in or close to Crystal.
3. This ordinance change is a reasonable response to the proposed taking of property
by the railroad.
4. Impound lots would only be allowed in very limited locations.
Considerations against amending the ordinance:
1. Crystal's current 1-1 district regulations are intended to encourage uses with a higher
density of employment and property value than an impound lot. This is reasonable
and appropriate in a fully developed suburb with limited industrial land and a need
for a more balanced resident -to -jobs ratio.
2. New Hope and Brooklyn Park are adjacent cities with much more industrial property
than Crystal. Their current ordinances already allow impound lots by CUP. Crystal
does not need to change its ordinance for impound lots to be able to locate in and
provide service to this part of the metro area.
3. It is unfortunate that the railroad may force NST to move and lose its nonconforming
use status, but it is not the city's obligation to change its ordinance to lessen the
impacts of the railroad's connector track on existing properties.
4. This ordinance change would open up Crystal to any impound lot not just NST.
C. REQUESTED ACTION
The Planning Commission is asked to make a recommendation to the City Council.
The recommendation should include findings for or against the proposed ordinance.
The Commission may reference the considerations in Section B - Staff Comments.
The anticipated schedule is as follows:
February 17 City Council (first reading)
March 3 City Council (second reading & adoption)
March 12 Publication of the ordinance amendment (if adopted)
April 11 Effective date per City Charter (if adopted)
If the zoning ordinance is amended, then NST anticipates submitting a CUP application
for a specific site. A site-specific notice would be published and mailed at that time.
TEXT AMENDMENT - ALLOW IMPOUND LOTS BY CUP IN 1-1
PAGE 2 OF 2
North Suburban Towing Relocation
North Suburban Towing has been notified that the Canadian Pacific Railway will be acquiring
the property at 5170 West Broadway, North Suburban Towing's current location. The railroad
has given no specific timeline other than this acquisition may take place any time in the next 60
days to two years.
North Suburban Towing has provided towing and police impound services for over 40 years.
The following police agencies currently rely on North Suburban Towing for service at the Crystal
location:
- Crystal Police Department
- Robbinsdale Police Department
- New Hope Police Department
- Golden Valley Police Department
- Brooklyn Center Police Department
MN State Patrol
- Hennepin County Sheriff's Department
North Suburban Towing is looking to relocate within Crystal due to the current office and lot
space being taken by the railroad.
A change to current city code is being requested to allow North Suburban Towing to remain in
Crystal. The proposed location for this relocation is 5128 Hanson Court. The Hanson Court
property is ideal for the North Suburban Towing relocation for the following reasons:
-This property has been vacant for a long time and would now be used and maintained.
- This property is not near any residential areas
- This property is not clearly visible by any major roadways within Crystal.
Additional information can be obtained by contacting Dave Oyaas at the North Suburban
Towing offices, 766-535-2201
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ORDINANCE NO. 2015 -
AMENDING SUBSECTION 515.53 OF CRYSTAL CITY CODE
TO ADD IMPOUND LOTS AS A CONDITIONAL USE
IN THE I-1 LIGHT INDUSTRIAL DISTRICT
THE CITY OF CRYSTAL ORDAINS:
Section 1. Crystal City Code Subsection 515.53 (Zoning - I-1 Light Industrial District),
Subdivision 4 (Conditional Uses), is amended by adding part m) as follows:
m) Impound lots provided that:
1) This conditional use permit allows for the storage of impounded vehicles,
including not only impounded motor vehicles but also impounded
recreational vehicles and equipment, but not including parking or storage
of vehicles or equipment for other, non -impound purposes such as
seasonal storage; and
2) The impound lot is located on a property that abuts the right of way of an
active freight railroad; and
3) The impound lot is located on a property that does not abut the right of
way of any collector or arterial street or any frontage road adjacent to a
collector or arterial street; and
4) The impound lot is located on a property that does not abut any property
zoned residential; and
5) The impound lot is located on a property with an area of at least 1 acre;
and
6) The portion of the property occupied by the impound lot does not exceed 1
acre; and
7) The portion of the property occupied by the impound lot is fully screened
from adjacent property and public streets to the satisfaction of the City
Council; and
8) Vehicles shall only be parked on a designated hard surfaced area approved
by the City Council; and
9) Vehicles shall not be parked or stored on any non -hard -surfaced or
landscape areas on the property, nor on any adjacent property or public
right-of-way; and
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Page 1 of 2
10) The City Council determines that all applicable requirements of
Subsection 515.05, Subdivision 3 a) and Section 520 are considered and
satisfactorily met.
Section 2. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11.
First Reading:
Second Reading and Adoption:
Publication Date:
Effective Date:
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
Page 2 of 2
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