TC Minutes 02-25-1986•
MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD FEBRUARY 25, 1986 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon,
Colorado, was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
Mayor Nottingham called the meeting to order at 7:30 p.m. A roll
call was taken with Clint Watkins, Steve Miller, Sheila Davis,
A.J. Wells, Al Connell, and Don Buick-present. Also present were
Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering/Community Development Norm Wood, Director of Public
Works, Parks, and Recreation Larry Brooks, and members of the
press and public.
The Mayor called for Citizen Input.
Reddie Brooks, Director of the Mountain Rivers Addictions
Rehabilitation Unit; approached the Council. Mrs. Brooks reviewed
the history of the detoxification center, and her proposal to
establish a holding facility in the jail area of the municipal
building. She stated that the facility would be a place where
intoxicated-individuals, from the eastern end of Eagle County and
from Lake County, would be taken for short-term detoxification.
All the physical monitoring provided at the Glenwood center would
be provided at the Avon facility. The only difference would be
that all individuals would be evaluated, between 7 & 8 a.m., to
establish whether they needed to be discharged or be transported
to Glenwood for a longer term of detox. She stated that
funding would be provided by the State of Colorado, Eagle County,
and by other municipalities that would use the facility. Mountain
Rivers would lease the space, provide staff, and provide insurance
for the facility and staff. Mrs. Brooks stated that the
construction in Glenwood Canyon has made services difficult to
provide, as far as response times, and has made transporting
clinically and fiscally inappropriate.
Council had some concern about the position the Town would be in
regarding liability and the possibility of law suits.
Dr. Steinberg, of the Vail Valley Medical Center, approached the
Council. He wanted Council to be aware of his support for the
program.
After discussion, Councilman Miller stated that Council should
consider involvement in the program, and the need for this type of
service that would also make use of space the Town has not used in
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years. Councilman Miller moved to authorize the Town Manager tc
put together a proposal, have it reviewed by the Town Attorney,
and bring it back to Council on March 11th with a recommendation.
Councilman Wells seconded the motion, and it carried unanimously.
The Mayor thanked Mrs. Brooks and Dr. Steinberg for their
attendance and presentation.
There being no further Citizen Input, the Mayor closed the
discussion.
Second reading of ordinance No. 86-4, Series of 1986, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO
FRACTIONALIZATION TO PROVIDE FOR FRACTIONALIZATION OF DEVELOPMENT
RIGHTS RELATING TO EXISTING BUILDINGS.
Councilman Miller moved approval of Ordinance No. 86-4, Series of
1986, on second reading. Councilwoman Davis seconded the motion.
The Mayor opened the meeting for public hearing. As there was no
one to be heard, the Mayor then closed the hearing and offered the
ordinance for Council discussion. Norm Wood approached the
Council. He stated that the ordinance was presented to the
Planning and Zoning Commission at their last regular meeting, at
which time a public hearing was held. At the conclusion of the
public hearing, the Commission recommended approval of the
ordinance, as approved on first reading at the Council meeting of
February 11, 1986. At that time, Council approved the ordinance
with the deletion of paragraph B in Section 2 which had read, "All
of the development rights assigned to that lot are
fractionalized."
There being no further discussion, the Mayor called for a roll
call vote. Council members Steve Miller, Sheila Davis, A.J.
Wells, Al Connell, and Don Buick voted "aye". Councilman Watkins
voted "nay". The motion carried by a 5 to 1 vote.
Second reading of Ordinance No. 86-5, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.800 AND CHAPTER 15.08 OF THE AVON MUNICIPAL
CODE AND PROVIDING FOR THE- PROTECTION OF THE PUBLIC HEALTH AND
SAFETY; REGULATING - FEES AND THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION,
DEMOLITION, OCCUPANCY, USE, HEIGHT, AREA, AND MAINTENANCE OF
BUILDINGS OR STRUCTURES IN THE TOWN OF AVON, COLOARDO; ADOPTING BY
REFERENCE THE 1985 EDITION OF THE "UNIFORM BUILDING CODE" AND THE
1985 EDITION OF THE "UNIFORM BUILDING CODE STANDARDS"; AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Councilman Buick moved approval of Ordinance No. 86-5, Series of
1986, on second reading. Councilman Miller seconded the motion.
The- Mayor opened the public hearing. There was no one to be
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heard, so the Mayor closed the hearing and offered the ordinance
for Council discussion. There being no discussion, Mayor
Nottingham called for a roll call vote. Council members Clint
Watkins, Steve Miller, Sheila Davis, A.J. Wells, Don Buick, and Al
Connell voted "aye". There were no "nay" votes. The motion
carried unanimously.
Second reading of Ordinance No. 86-6, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.820 AND SECTION 15.24.010 OF THE AVON
MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
HEALTH AND SAFETY; REGULATING FEES AND THE INSTALLATION AND
MAINTENANCE OF HEATING, VENTILATING, COMFORT COOLING AND
REFRIGERATION SYSTEMS IN THE TOWN OF AVON, COLORADO, FOR THE
PURPOSE OF PROVIDING A UNIFORM MECHANICAL CODE CONSISTENT WITH AND
GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE TOWN;
DEFINING CERTAIN TERMS; ESTABLISHING MINIMUM REGULATIONS; ADOPTING
BY REFERENCE THE 1985 EDITION OF THE "UNIFORM MECHANICAL CODE";
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
Councilman Buick moved approval of Ordinance No. 86-6, Series of
1986, on second reading. Councilman Miller seconded the motion.
The Mayor opened the public hearing. There being no public
comment, and no Council discussion, the Mayor called for a roll
call vote. Council members Clint Watkins, Steve Miller, Sheila
Davis, Al Connell, Don Buick, and A.J. Wells voted "aye". There
were no "nay" votes. The motion carried unanimously.
Second reading of Ordinance No. 86-7, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.830 AND SECTION 15.20.010 OF THE AVON
MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
SAFETY; REGULATING FEES AND THE INSTALLATION, ALTERATION, REPAIR
AND MAINTENANCE OF PLUMBING AND DRAINAGE SYSTEMS AND THE
INSPECTION THEREOF IN THE TOWN OF AVON, COLORADO, FOR THE PURPOSE
OF, PROVIDING A -PLUMBING CODE CONSISTENT WITH AND GENERALLY
CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE TOWN; DEFINING
CERTAIN 'TERMS'; ESTABLISHING MINIMUM REGULATIONS; ADOPTING BY
REFERENCE THE 1985 EDITION OF THE "UNIFORM PLUMBING CODE"; AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
Councilman Connell moved approval of Ordinance No. 86-7, Series of
1986, on second reading. Councilman Miller seconded the motion.
The Mayor opened the meeting for public hearing. There being no
public comment, the Mayor closed the hearing and called for
Council discussion. There being no discussion, the Mayor called
for a roll call vote.
Those Council members voting "aye" were Clint Watkins, Steve
Miller, Al Connell, Sheila Davis, Don Buick, and A.J. Wells.
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There were no "nay" votes. The motion carried unanimously.
Second reading of ordinance No. 86-8, Series of 1986, AN ORDINANCE
AMENDING SECTION 15.04.810 AND SECTION 15.12.010 OF THE AVON
MUNICIPAL CODE AND PROVIDING FOR THE PROTECTION OF THE PUBLIC
HEALTH AND SAFETY; REGULATING FEES AND REGULATING THE
INSTALLATIONS, ALTERATIONS, REPAIR, AND MAINTENANCE OF ELECTRIC
CONDUCTORS AND EQUIPMENT WITHIN OR ON PUBLIC AND PRIVATE BUILDINGS
AND*OTHER'PREMISES IN THE TOWN OF AVON; DEFINING CERTAIN TERMS;
ESTABLISHING FUNDAMENTAL SAFEGUARDS AND EXAMINATION OF EQUIPMENT
FOR SAFETY; -ADOPTING BY REFERENCE THE 1984 EDITION OF THE
"NATIONAL ELECTRICAL CODE" AND-PROVIDING PENALTIES FOR VIOLATION
THEREOF.
Councilman Watkins moved approval of Ordinance No. 86-8, Series of
1986, on second reading. Councilman Connell seconded the motion.
The- Mayor opened the public hearing. There being no public
comment, and no Council discussion, the Mayor called for a roll
call vote. Council members Clint Watkins, Steve Miller, Sheila
Davis, A.J. Wells, Al Connell, and Don Buick voted "aye". There
were no "nay" votes. The motion carried unanimously.
First reading of Ordinance No. 86-9, Series of 1986, AN ORDINANCE
REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND REENACTING
CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE
"UNIFORM FIRE CODE", 1985 EDITION, AND THE "NATIONAL FIRE CODE",
1985 EDITION, INCLUDING THE-LIFE-SAFETY CODE, NFPA PUBLICATION NO.
101, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
Norm Wood stated that this would update the Town's ordinance to
the 1985 edition of the Code. He stated that some sections have
been deleted, due to them no longer being necessary or applicable,
some sections were transferred from previous building codes for
more appropriate reference, and some sections have been added to
the Fire Code.
Mr. Bob Kohrman, Captain/Fire Prevention Officer with the Eagle
River Fire Protection Districts, approached the Council. He
stated that the Fire Department had worked with the Town's staff
on the modifications and amendments to the ordinance. He
recommended that Council adopt the ordinance. He stated that the
ordinance was a parallel book with the Building Code book, and
stated that the 1985 Uniform Building Code and the Fire Code
cross-reference each other on a number of issues.
There being no further discussion, the Mayor offered the ordinance
for a motion. Councilman Watkins moved approval of Ordinance No.
86-9, Series of 1986, on first reading. Councilwoman Davis
seconded the motion. Those Council members voting "aye" were
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Steve Miller, Clint Watkins, Sheila Davis, A.J. Wells, Al Connell,
and Don Buick. There were no "nay" votes. The motion carried
unanimously.
As there was no Unfinished Business, New Business, or Town
Attorney Reports, Bill James proceeded with the Town Manager's
Reports.
Mr. James stated that Norm Wood and he had interviewed three
candidates to update the Zoning Code. He stated they had selected
Architect Mark Donaldson to complete the project, which would take
approximately sixty days.
Mark Donaldson approached the Council. He reviewed the issues of
special consideration with Council. Some of these were as
follows: (1) thorough overhaul of the "Chart of Allowed and
Special Review Uses"; (2) addition of criteria information for
"Special Review Use" approval; (3) segregation of "SPA"
requirements into their own chapter; (4) creation of a new
chapter, "PUD" designation, to deal with newly annexed areas; (5)
clarification of "density rights" and transfer of same; (6)
addition of Town Council approval for variances; (7) consideration
of parking requirements related to intensified uses of existing
projects (8) zoning procedures for annexation, including the
assignment of development rights; (9) criteria for annexation and
zoning applications; and (10) addition of "Bed and Breakfast"
zoning provisions.
Mr. Donaldson stated he would be reviewing the proposed revisions,
in 1/3 segments, with the Planning and Zoning Commission on March
18th, April lst, and April 15th. He would then present the final
draft to Council for review and approval.
Councilwoman Davis suggested that all Special Review Use criteria
be compiled together.
Mr. Donaldson stated that one item not discussed was certain
language on the Official Plat Map. He suggested amending the Plat
to reflect contemporary language; not changing any zoning or uses,
simply cleaning it up.
It was stated that the Town Attorney should be consulted on this
matter.
Norm Wood stated that the simplest way would probably be to take
out that reference in the Zoning Code. Then the allowed uses on
the Plat would be null and void, and would fall back in with the
definitions contained in the Zoning Code.
Council discussed the "PUD" (Planned Unit Development) and the
"SPA" (Specially Planned Area) designations. Mr. Donaldson
suggested that, instead of creating a PUD designation to meet the
modified SPA's, perhaps more flexibility be given or a holding
pattern or period be created upon annexation. He stated this
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would be another avenue that could be taken to solve some of the
difficulties encountered on some previous applications.
Councilwoman Davis suggested that Mr. Donaldson bring any
substantial changes to the Zoning Code to Council's attention by
way of memorandum. The Mayor thanked Mr. Donaldson for his
presentation. (See attached "Outline Review for Redraft of the
Zoning Code", dated February 21, 1986)
The next item for discussion was the Water Treatment Plant. Mr.
James stated that the Water Authority had requested that Council
reach a decision, as soon as possible, regarding the direction the
Town was going to take with the roof over the water treatment
plant. Mr. James reviewed the Avon Event Center Conceptual Cost
Estimate with Council, and recommended that the Town do nothing at
this time.
Councilman Watkins stated he would like to see the financial
projections, to see where the money is going. He felt that this
matter might be a higher priority than something else at this
point. After discussion, Council requested that, during the
waiting period, they be presented with a drawing showing how the
shell over the treatment plant would look.
No action was taken.
Mr. James reported on the proposal from Ross Consulting, Inc. He
stated that the cost for Phase I work, on a time and materials
basis, would be $7,000 plus reimbursable expenses of $1,500. Fees
for Phase II work were estimated to run between $5,000 and $10,000
maximum, plus a nominal performance fee that would be paid out of
the purchase price of the land.
Councilman Miller moved to authorize the Town Manager to enter
into a contract, with Ross Consulting, Inc., for a study on a new
retail development in the Town. Councilwoman Davis seconded the
motion, and it carried unanimously.
Mr. James reviewed the Peregrine Project revenue impacts, and the
summary of the five year projections without Peregrine and Falcon
Pointe Lodge (see report attached hereto).
Mr. James stated that Dave Mott, General Manager of the Upper
Eagle Valley Consolidated Districts, would be appearing before
Council, soon, to present a construction plan whereby they would
not have to tie into the lake or disrupt the dam and the park to
finish their construction. Mr. James stated there would be some
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alternatives.
Larry Brooks presented a Park Master Plan, for long-range planning
for the Park, to Council for their review, response, and input.
He showed Council what staff perceived in the way of future
facilities for the park itself. Some of the planning would take
into consideration the improvements to Tract P.
Discussion followed.
There was concern about adequate parking for all the proposed
activity in the park.
Councilwoman Davis felt it looked too cluttered. Mayor Nottingham
agreed.
Councilman Wells stated that these proposed plans may have to be
put on hold because of the financial projections. Council
discussed the revamping of the softball field on Tract P, and
performing the work with the Town's permanent staff.
Councilman Wells suggested that park staff give some thought to
proper maintenance of the pump house; finishing the roof as an
observation sundeck, as it was originally designed to be, as well
as general maintenance around the pump house.
Mr. Brooks stated it was not his intention to bring a shopping
list before Council. He wanted to start Council thinking about
what the park should look like when it is completed, instead.
After discussion, Councilman Wells stated he would vote for
getting the softball field in playable condition, improving the
pump house site, and improving the maintenance of the park in
general, such as getting more water on some portions of the grass
in the summer, etc.
Councilman Connell requested that something be brought to Council
that could be accomplished for the park for next summer.
Councilman Wells requested that the Park Master Plan be colored,
to more emphasize the green areas, structures, etc. The Mayor
felt that a picnic shelter was essential.
No action was taken.
Councilman Wells had a concern with the 24" water line being
installed by the water Districts. He stated it is the biggest
distribution line in the entire town. Norm Wood thought it was
for a high service finish line, from the new plant, that would tie
back into the rest of the system. He stated that he had not
looked into it, but felt sure it was to handle full development of
second phase build-out.
No action was taken.
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Mr. James stated he would mail copies of the financial projections
to Council, and the matter would possibly be discussed in more
detail at the next work session.
No action was taken.
Regarding Stan Bernstein's assistance with the Peregrine Project,
Mr. James stated he thought Mr. Bernstein's bill would not more
than around $400.
The Financial Matters were next presented to Council.
Councilman Miller moved to receive items #1 through U. Council-
woman Davis seconded the motion, and it carried unanimously.
Councilman Miller moved approval of the General Fund Accounts
Payable for February 25, 1986. Councilman Buick seconded the
motion, and it carried unanimously.
Councilman Miller moved approval of the Special Fund/Transit Fund
Accounts Payable for February 25, 1986. Councilwoman Davis
seconded the motion, and it carried unanimously.
Councilman Miller moved approval of the Reconciliation Sheet of
Accounts Payable for February 25, 1986. The motion was seconded
by Councilwoman Davis, and was unanimously carried.
The minutes of the February 11, 1986, meeting were next presented
to Council. Councilman Miller moved approval of the February 11,
1986, meeting minutes. The motion was seconded by Councilman
Wells, and was unanimously carried.
Councilman Miller stated that he had received a phone call from
Dr. Steve Warren of the Eagle County Animal Hospital. Dr. Warren
had received direction from the Vail Town Council to pursue his
proposal for contracting directly for the impoundment of animals.
Councilman Miller stated that Dr. Warren would be contacting Bill
James to discuss a proposal for the Town of Avon.
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There being no further
adjourn. The motion was
Nottingham adjourned the
APPROVED:
6
business, Councilman
seconded by Councilman
meeting at 10:00 p.m.
Wells moved to
Watkins. Mayor
aspeclly Submitted:
atricia J. Do.l wn Cle K
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VICTOR MARK DONALDSON • ARCHITECT
Box 5300 • Avon, Colorodo 81620 • 3031949-5200
February 21, 1986
Honorable Mayor
and Town Council Members
Town of Avon
RE: TITLE 17 - ZONING
Redraft of Ordinance
Gentlemen and Mrs. Davis:
The following has been prepared in order to provide you a preliminary
overview of the issues we are addressing in the redrafting of our Zoning
Code. At the last meeting of the Planning and Zoning Commission, I
conducted a similar discussion. The following represents input from
that meeting as well as further discussions with Norm Wood and Bill James.
The following issues have been highlighted for special consideration:
1. Thorough overhaul of "Chart of Allowed and Special Review
Uses".
2. Addition of criteria information for "Special Review Use"
approval.
3. Segregate "SPA" requirements into its own chapter.
4. Creation of "PUD'.' designation (new chapter) to deal with
newly annexed.areas.
5. Clarification of "density rights" and transfer of same.
6. Addition of Town Council approval for Variances.
7. Consider parking requirements in relation to intensified
uses of existing projects.
8. Zoning procedures for annexation including the assignment
of development rights.
9. Criteria for annexation and Zoning application.
10. Addition of "Bed and Breakfast" zoning provisions.
I will be reviewing my proposed revisions in approximately 1/3 segments
with the Planning and Zoning Commission on March 18, April 1 and April 15.
Upon their resolving to recommend approval to you, I will then present a
final draft for your review and adoption.
Please let me know if any other issues need to be considered. I appreciate
your time and'am looking forward to our discussion this coming Tuesday.
Sincerely,
Victor Mark Donaldson, AIA Received Town of Avon
enc: 'Outline Review' F E B 2 1 1986
VICTOR MARK DONALDSON • ARCHITECT
[lox 5300 • Avon, Colorado 81620 • 303/949-5200
Chapter 17.04
OUTLINE REVIEW
February 21, 1986
Avon Town Council
TITLE 17 - ZONING
General Provisions
17.04.010 Short Title
.020 Purposes
.030 Authority
.040 Intent
.050 Waiver of Zoning Regulations by Applicant
.060 Exemptions for Certain Essential Services
.070 Applicability of Public Agencies
Chapter 17.08 Definitions
(Additions, deletions and clean-up language as necessary for coordination
and completeness.)
Chapter 17.12
Administrative Provisions
17.12.010
Development Designated by Zoning Code and Map
.020
Procedure for Approvals Required
.030
Authority to Require Additional Studies
.040
Conceptual Preliminary Review Disclaimer
.050
Building Permit Required
.060
Interpretation - Conflict with Other Laws
.070
Enforcement of this Zoning Code
.080
Violations - Penalties and Remedies
.090
Revocation and Invalidation of Building Permit
.100
Liability of Town of Avon
Chapter 17.16 Zone Districts and Official Ma
17.16.010 Zone Districts
.020 Zone District Uses
.030 Official Zone District Map of Record
.040 Interpretation of Official Zone District Map of Record
Chapter 17.20 Zone District Uses
17.20.010 Chart of Allowed and Special Review Uses
•
.r' .r~ A k
•
17.20.020
Criteria for Special Review Use Approval
.030
Procedure for Special Review Use Approval
.040
Transfer of Development Rights
.050
Chart of Area and Bulk Requirements
.060
Calculating Building Area
.070
Calculating Building Height
.080
Lot Setback Requirements
.090
Snow Storage
.100
Land Under Water
.110
Miscellaneous Provisions
.120
Accessory Buildings and Uses
.130
Signs
.140
Commercial Activity Restricted
.150
Open Burning Prohibited
.160
House Pets Allowed
.170
Supplementary Regulations
Chapter 17.24
Specially Planned Areas
17.24.010
Designation
.020
Procedure for Approvals Required
.030
Supplementary Regulations
Chapter 17.28
Planned Unit Developments
17.28.010
Designations
.020
Procedure for Approvals Required
.030
Supplementary Regulations
Chapter 17.32
Fractionalization of Development Rights
17.32.010
Purpose
.020
Fractionalization of Development Rights
.030
Limitation on Wood Burning Fireplaces and Stoves
Chapter 17.36
Off-Street Parking and Loading
17.36.010
Scope and Application
.020
Off-Street Parking
.030
Off-Street Loading
Chapter 17.40
Amendments to Zoning Code and District Map
17.40.010 Authority
.020 Criteria for Approval
.030 Procedures for Approval Required
.040 Initiation of Application
.050 General Rezoning of Town
.060 Procedures for Annexation
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<<,•, ~.4 • '',per
17.40.070 Assignment of Development Rights
.080 Public Hearing by Planning and Zoning Commission
.090 Temporary Suspension of Building Permits
.100 Notation to Map
Chapter 17.44 Nonconforming Uses and Structures
17.44.010 Intent
.020 Use of Land
.030 Use of Buildings
.040 Use of Land and Buildings
.050 New Nonconforming Uses Prohibited
.060 Priority of Use Classifications
Chapter 17.48 Variances
17.48.010 Purposes
.020 Criteria for Variance Approval
.030 Findings Required for Variance Approval
.040 Procedures for Approvals Required
.050 Public Hearings Required for Approval
.060 Authority to Require Additional Studies
Chapter 17.52 Violations, Penalties and Remedies
Chapter 17.56 Flood Damage Prevention
17.56.010
Purpose
.020
Methods of Reducing Flood Losses
.030
Definitions
.040
Basis for Establishing the Areas of Special Flood Hazard
.050
Lands to Which this Chapter Applies
.060
Compliance
.070
Abrogation and Greater Restrictions
.080
Interpretation
.090
Warning and Disclaimer of Liability
.100
Permit Requirement
.110
Duties and Responsibilities for Administration
.120
General Standards
.130
Specific Standards
Respectfully "submi°tted
Victor Mark Donald o , AIA Received Town of A
F E B 2 1 1986
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