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1991-12-03 CC Packet City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 3, 1991 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 P.M. 1 . Discussion of all items on tonight' s Regular Council Meeting Agenda. REGULAR SESSION: 7 : 00 P.M. 1 . A. Call to order. Invocation. B. Executive Session Pursuant to the Open Meetings Act, Article 6252-17 V.T.C.S. , Section 2(e) 2 ( f) 2(g) 2 ( j ) / Refer to posted list attached hereto and incorporated herein. C. Reconvene: Action necessary on items discussed in Executive Session. 2 . Approval of the Minutes of the November 19, 1991, Regular City Council Meeting. 3 . Mayor' s Report. 4 . City Manager' s Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5 . Consider: A. Resolution No. 91-48, Abandonment of access easement in Monticello subdivision. B. Resolution No. 91-47 , Reorganizing Distinct Operating Divisions within the Department of Public Safety, incluidng organizational charts . I City of Southlake,Texas City Council Meeting Agenda December 3, 1991 page two REGULAR AGENDA 6 . A. Public appearance: Stephen and Karen Apple, Friends of the Southiake Library. B. Public Forum. 7 . Consider: Ordinance, second reading and related items . A. Ordinance No. 480-60, 2nd reading. ZA 91-60 . A zoning change request for a 2 .44 acre tract of land out of the John Childress Survey, Abstract No. 254, Tract 1A1, being more commonly known as 1600 Burney Lane. Current zoning is "AG" Agricultural with a request for "SF-lA" , Single Family-lA Residential zoning district. Location: South side of Burney Lane at Midway Drive. Owner/Applicant: Joe E. Kennel . Public Hearing. li B. Ordinance No. 544, 2nd reading. Landscape. Public Hearing. ill4' C. Ordinance No. 506, 2nd reading. Signs . Public Hearing. D. Ordinance No. 555, 2nd reading. Tri-County Electric Cooperative, Inc. , rate change or other action as appropriate pertaining to the request for rate change. Public Hearing. I8 . Consider: Ordinance, 1st reading, and related items . A. Ordinance No. 480-58, 1st reading. (ZA 91-51) . A zoning change request for a 0 .439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3 . Current zoning is "AG" Agricultural, with a request for "I-1" Light Industrial zoning district. Location: Northwest of the intersection of Sam School Road and West Dove Road on French Circle. I Owner/Applicant: Jim and Beth Futch. Continuation of the Public Hearing. B. Ordinance No. 480-61, 1st reading. (ZA 91-66) . A zoning change request and concept plan approval for 7 .5 acres out of the John A. Freeman Survey, Abstract NO. 529, more commonly known as portions of Lot 1, Miron Addition L and Lot 2B, Gorbett Addition. Current zoning is "C-2" , Commercial-2, with a request for "B-1" Business Service Park. Location: 1600 Block of East Southiake Blvd. , behind Kids, Inc. and D & L Printing Co. Owner/Applicant: Robert Miron dba Miron Properties, Inc. I 1 City of Southlake,Texas Cie City Council Meeting Agenda December 3, 1991 page three C. Ordinance No. 480-62, 1st reading. (ZA 91-67) , A zoning change request and concept plan approval for 5 .43 acres of land out of the John A. Freeman Survey, Abstract NO. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition. Current zoning is "C-2" Commercial-2 and the request is for "B-2" Commercial Manufacturing District. Location: 1600 Block of East Southlake Blvd. , behind Kids, Inc. and D & L Printing Company. Owner/Applicant: Robert Miron dba Miron Properties, Inc. D. ZA 91-69, Revised Development Site Plan for building permit approval for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1B, and 1B1C. Current zoning is "I-2" Heavy Industrial District. Location: 3100 Highway 26 West. Owner/Applicant: Conoco, Inc. E. Ordinance No. 536, 1st reading. Weeds . F. Ordinance No. 554, 1st reading. Creating Police Reserve and Auxiliary Fire Service. i.0.0 9 . Consider: Resolutions . A. Resolution No. 91-44, request for variance to Masonry Ordinance for Timarron Addition. Continuation of the Public Hearing. 10 . Other Items for Consideration. (No items for this agenda) 11 . Other items for discussion: A. S-2 Sewer Line Agreement. B. Chevron Agreement. C. Ordinance No. 550, Thoroughfare Plan. D. Ordinance No. 551, Park Master Plan. 12 . Meeting Adjourned. I I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Wednesday, November 27, 19916 at 5 : 00 p.m. , pursuant to riore th Op'en Meeti g Act, Article 625tIni7r/N:S. 4- lf `` �, S andra L. LeGrand, City Secretafa: 1 r,. :,:,`c ce i . A\ •y + r to, ' •• i .lilt, ,t,('*a*o*...``` AIMI. City of Southlake,Texas I: EXECUTIVE SESSION PENDING LITIGATION- Section 2(e) The City Council may consider pending and contemplated litigation I: subjects . The following subjects may be discussed: 1 . Essig Claim, February 1991 . I: 2 . Margaret Freemen Claim, January 1990 . 3. West Beach Addition. I 4 . Murawski Claim. 5 . Garrett Lawsuit, 1984 . 6 . Ken Smith Claim, July 1991 . ILitigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council . Upon occasion, the City Council may need information from I the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. ILAND ACQUISITION- Section 2 (f) I The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any i'l final action, or vote taken, will be in public. PERSONNEL- Section 2(g) IThe City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City [ Secretary, City Attorney, and City Board and Commission Members . A complete list of the City Boards and Commissions are on file in the City Secretary' s Office.DEPLOYMENT OF SECURITY PERSONNEL- Section 2 ( j ) Regarding the deployment or specific occasions for implementation, of security personnel or devices . After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council . If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. 1, SLL 11/15/91 C L CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 3, 1991 7 : 00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Sally Hall . Members : Jerry Farrier, Barry Emerson, and, Mike O'Brien. COUNCILMEMBER ABSENT: W. Ralph Evans . CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Chris Terry, Assistant to the City Manager; Wayne Olson, City Attorney; Eddie Cheatham, City Engineer; Roger Stewart, Fire Marshal; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6 : 30 p.m. to discuss the agenda item for tonight' s meeting. Mayor Gary Fickes called the meeting to order at 7 : 10 p.m. 1.- Agenda Item #1-B, Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2 (e) 2( f) 2 (g) 2 ( j ) of the Open Meetings Act, to seek the advice of our City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to consider the appointment and evaluation of public officials and regarding the deployment of specific occasions for implementation, of security personnel or devices . Council went into executive session at 7 : 05 p.m. Council returned to Open Session at 7 : 35 p.m. Agenda Item #1-C, Action necessary/Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials, or deployment or specific occasions for implementation of security personnel or devices . L City Council Meeting Minutes December 3, 1991 page two Agenda Item #2, Approval of Minutes Motion was made to approve the Minutes of the November 19, 1991 City Council minutes as modified in work session. Motion: Wilhelm Second: Emerson Ayes : Wilhelm, Emerson, Farrier, Hall, Fickes Nays : None Abstention: O' Brien Approved: 5-0-1 vote Agenda Item #3, Mayor' s Report Mayor Pro Tem Wilhelm reported on the Southlake Economic Development Council, noting at the November meeting a member of the Dallas Economics Development Council present. One of the things the DEDC is trying to do is establish some ties with some of the different counties . Southlake would like to broaden their base and see if they can get on some of the Dallas area lists . SEDC has also taken the initial steps in getting the property profile on the computer. Several months ago, they discussed a GTE Video of the Northeast Tarrant County area, which has been completed. It will be distributed nation wide, and will serve as a means to give general information of our area to a lot of people. Deputy Mayor Pro Tem Sally Hall reported on the Teen Court, "mock trial" which was held on Monday, December 2, noting the first real Teen Court Trial will be held on December 9, 1991 . A possible scholarship fund for those who are working on the Teen Court has been discussed, with the possibility the scholarship will be a joint city, school, community effort. Mrs . Hall explained the "Fire Truck" coloringcontest. P Agenda Item #4, City Manager' s Report The City Manager, Curtis Hawk reported on the stolen mirror which was located on the corner of Randol Mill Road at Kingswood. He stated the City does not plan to replace the mirror, however, they are discussing a flashing light in that location, for a cost of $2 ,000 . He expressed the need at that particular dangerous intersection. Mr. Hawk stated the Capital Improvements Road Task Force will be bringing the final report to Council on December 17, 1991 . I L lw City Council Meeting Minutes December 3, 1991 page three Agenda Item #5, Consent Agenda Agenda Item #5-A was taken off the consent agenda at the request of Mayor Pro Tem Rick Wilhelm, for procedural reasons . The consent agenda, #5-B, was approved as presented: 5-B Resolution No. 91-47, Recognizing Distinct Operating 9 9 Divisions within the Department of Public Safety, including Organizational Charts . Motion: Wilhelm Second: Hall Ayes : Wilhelm, Hall, Farrier, Emerson, O'Brien, Fickes Nays : None Approved: 6-0 vote Agenda Item #5-A, Resolution No. 91-48, Abandonment of easement in Monticello Motion was made to approve Resolution No. 91-48, abandonment of an access easement in Monticello subdivision, authorizing Mayor Fickes Lir to execute a quick claim deed to the owner of Monticello. Motion: Wilhelm Second: Emerson C Ayes : Wilhelm, Emerson, Hall, Farrier, O'Brien, Fickes Nays : None Approved: 6-0 vote Agenda Item #6-A, Public Appearance Karen and Stephen Apple were present, representing Friends of the Southlake Library. She introduced the other members of the group, present to show support. Mr. Apple, treasurer, presented a check for $7,500 . for the purchase of books through the Interlocal Agreement with the City of Grapevine. Through the fund raising efforts of the Friends, and other groups within Southlake, they have contributed $12,500 . to date for the purchase of books . Agenda Item #6-B, Public Forum No comments were received during the public forum. Agenda Item #7-A, Ordinane No. 480-60, 2nd reading (ZA 91-60) Ordinance No. 480-60, 2nd reading, is a zoning change request for a 2 .44 acre tract of land out of the John Childless Survey, Abstract No. 254 , Tract 1A1, being more commonly known as 1600 Burney Lane. Current zoning is "AG" Agricultural, with a request for "SF-1A" Single Family-lA Residential zoning district. Location is the south side of Burney Lane at Midway Drive. Owner/applicant is Joe E. Kennel . L L City Council Meeting Minutes December 3, 1991 page four Agenda Item #7-A, Continued Karen Gandy, Zoning Administrator noted on November 7, the Planning and Zoning Commission recommended approval of the request by a 5-0 vote. On November 19, 1991, the City Council approved the 1st reading by a 6-0 vote. Mr. Joe Kennel was present to answer questions for Council . The public hearing resulted with no comments from the audience. Motion was made for the approval of Ordinance No. 480-60, 2nd reading. Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, O'Brien, Hall, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #7, Ordinance No. 544, 2nd reading. Landscape. The City Manager suggested that this item be tabled, as the requested information has not been completed. Motion was made to table Ordinance No. 544, 2nd reading of the Landscape ordinance time certain December 17, 1991 . Motion: Wilhelm Second: Hall Ayes : Wilhelm, Hall, O'Brien, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote (to table) Agenda Item #7-D, Ordinance No. 555, 2nd reading Tri-County Rate Increase Curtis Hawk, City Manager, explained to Council the available options in regard to the request for Rate Increase by Tri-County Electric Cooperative Inc. , including: approve the rates; deny the rates; suspend for 90 days and hire a consultant; or, do nothing. If Council chooses to do nothing, on January 2, 1992, the rates would automatically go into effect. Ed Kelly, representative with Tri-County was present to answer questions for Council . He indicated all other communities are holding the 2nd readings, as they are passing the ordinances on to the Public Utility Commission. I C City Council Meeting Minutes December 3, 1991 page five Agenda Item #7-D, Continued Mayor Pro Tem Wilhelm wanted the minutes to reflect that the last rate increase was in 1984 . Tri-County is a non profit corporation, and is suppose to operate at cost. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 555, 1st reading, approving the rate increase. Motion: Emerson Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Farrier, Hall, Wilhelm, Fickes Nays : O'Brien Approved: 5-1 vote Agenda Item #8-A, Ordinance No. 480-58, 1st reading (ZA 91-51) Ordinance No. 480-58, 1st reading, a request for zoning change for a 0 . 439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3 . Owner/Applicant: Jim and Beth Futch. Zoning Administrator, Karen Gandy reported to Council that this item has been withdrawn by the owner/applicant. No action was taken on this agenda item. Councilmember Barry Emerson stepped down for agenda items #8-B and #8-C, stating conflict of interest as he is the lender for this project. Agenda Item #8-B, Ordinance No. 480-61, 1st reading (ZA 91-66) Ordinance No. 480-61, is a zoning change request and concept plan approval for 7 .5 acres out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbett Addition. Current zoning is "C-2" Commercial-2 , with a request for "B-1" Business Service Park. Owner/Applicant is Robert Miron dba Miron Properties, Inc. Mrs . Gandy noted ten ( 10) notices were sent to property owners within 200 ' and she received one notice from Deryl McNutt, 212 Westwood, Southlake, who is opposed to the request. On November 21, 1991 the Planning and Zoning Commission recommended approval subject to the November 15, 1991 summary review letter. L I Ir City Council Meeting Minutes December 3, 1991 page six Agenda Item #8-B, Continued Mrs . Gandy presented a listing of the comparison of uses for Council . John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Southlake, was present, representing the owner/applicant. Mr. Levitt noted Mr. Miron has zoned and owned the property for the past 10-12 years . He has not been able to market the back part of the property and the lenders would like to see him do something with this tract of land. B-1 Zoning fits in with the current uses on the property. Levitt stated the zoning provides a transition from single family and fits the tract and allows him to market the property. Mayor Pro Tem Wilhelm expressed he understands the need for B-1, however, he would rather see commercial use stop at the end of the Woodland Group. He fees it is too deep, and this use should not stretch in that close to residential . The public hearing resulted with no comments from the audience. Lme Motion was made to approve Ordinance No. 480-61, with the summary review letter dated November 27, 1991 . Motion: O' Brien Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes : O'Brien, Farrier, Hall, Wilhelm, Fickes Nays : None Approved: 5-0 vote Agenda Item #8-C, Ordinance No. 480-63, 1st reading (ZA 91-67 ) Ordinance No. 480-62, is a zoning change request and concept plan approval for 5 . 43 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition. Current zoning is "C-2" Commercial-2 and the request is for "B-2" Commercial Manufacturing District. Location: 1600 Block of East Southlake Blvd. , behind Kids, Inc. and D & L Printing Company. Owner/applicant is Robert Miron dba Miron Properties, Inc. John Levitt, Levitt Engineers, was present representing Mr. Miron, stating Miron is an investor at this time. His plan is for Mini-warehouses for the 5 .43 acres . Mayor Pro Tem Wilhelm referenced the comparisons in the zoning I:l' , ordinance, which was prepared by Mrs. Gandy. Wilhelm stated he does not object to B-1 uses but objects to the potential noises of B-2 in that location. E. I Ir City Council Meeting Minutes December 3, 1991 page seven Agenda Item #8-C, Continued Mayor Fickes stated he would like to see Mr. Miron come back with a S-P-1 zoning for this property. Motion was made to continue Ordinance No. 480-62, 1st reading, at the December 17, 1991 City Council meeting. Motion: Hall Second: O'Brien Ayes : Hall, O'Brien, Farrier, Wilhelm, Fickes Nays : None Approved: 5-0 vote (to table) Councilmember Barry Emerson returned to Council table. Agenda Item #7-C, Ordinance No. 506, 2nd reading. Signs Code Enforcement Officer, Eddie Wilson, presented the sign ordinance which incorporated the suggested changes by Council . He noted Section 27, a penalty of $500. for violation. Staff suggested this penalty be changed to $2,000. per violation. City Attorney, Wayne Olson, stated his interpretation of the Status Ler is that the fine must be a maximum of $500 . Only Health, Safety, and Welfare ordinances can impose the $2, 000 . fine. The public hearing resulted with no comments from the audience. CMotion was made to approve Ordinance No. 506 , 2nd reading. Motion: Wilhelm Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes : Wilhelm, Emerson, Hall, O'Brien, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #8-D, ZA 91-69, Revised Development Site Plan for Building Permit/Conoco ZA 91-69 , a Revised Development Site Plan for a building permit approval for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1B, and 1B1C. Current zoning is "I-2" Heavy Industrial District. Owner/Applicant: Conoco, Inc . Karen Gandy, Zoning Administrator, explained Conoco is revising the development site plan as they wish to build a 10 'X 30 ' foam storage building and ancillary utility services, on their site. Twenty L (20) notices were sent to property owners within 200 ' and to date she received one reply from Joe Coker, 1233 Timberline: opposed. E. c L City Council Meeting Minutes December 3, 1991 page eight Agenda Item #8-D, Continued The Planning and Zoning Commission recommended approval of the request during the November 21, 1991 meeting with a 5-2 vote, deleting #7, requirement for grading. Mrs . Gandy presented a revised summary review letter dated November 22, 1991 . Roger Stewart, Fire Marshal, was present to answer fire safety questions for Council . Brad Prance, representative of Conoco, stated they propose deleting items #1 & #2 from the November 22, 1991 review letter. He noted, currently all structures are steel and they would like to continue with steel structures . City Manager, Curtis Hawk stated with this addition, Conoco is adding the emergency procedures which the City Staff and Council have been urging through conversations . It will enhance the fire safety on site. Mayor Pro Tem Wilhelm stated this procedure will very much enhance the safety in that area. He does not have a problem granting a variance to the masonry ordinance because everything else is steel . Le Roger Stewart stated Fina Oil Company is also working on adding this procedure to their project. The City Manager stated Staff will be bringing back to Council, a resolution which will grant the variance to the masonry requirement. Motion was made to approve ZA 91-69, allowing them to be excused from Item #1 & #2 , on review letter dated November 22, 1991 . Motion: Hall Second: Wilhelm Ayes : Hall, Wilhelm, O' Brien, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote Mayor Pro Tem Wilhelm thanked not only Conoco, Inc. but Councilmember Sally Hall because she is the one who has pushed this through over the years, which has upgraded the fire safety in this area. Agenda Item #8-E, Ordinance No. 536, 1st reading. Weeds The City Manager, Curtis Hawk introduced Ordinance No. 536, stating this ordinance has been brought before Council on numerous F occasions for discussion. Director of Public Safety, Billy Campbell, went through the ordinance for Council, calling attention to: Section 2, grass and weeds over 12" ; Section 5 & 6, procedures for liens; noting this ordinance appeals Ordinances No. 361 in its entirety. I C Ilip City Council Meeting Minutes December 3, 1991 page nine Agenda Item #8-E, Continued Mr. Hawk addressed the issue of right-of-way and who is responsible Ito clear them, noting the Subdivision ordinance addresses this issue. Councilmember Jerry Farrier expressed concern with weeds in the right of way. He stated he sees a problem with enforcement of the ordinance in this respect. 1 The public hearing resulted with no comments from the audience. Councilmember Barry Emerson stated he sees this ordinance as an improvement over the ordinance which is currently on the books . The City Manager stated staff can try and come up with some alternative wording prior to second reading in regard to the issues noted. Motion was made to approve Ordinance No. 536, 1st reading. C Motion: Emerson Second Wilhelm Er ' Mayor Gary Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, Farrier, Hall, O'Brien, Fickes Nays : None Approved: 6-0 vote Council adjourned to recess at 9 : 15 p.m. Council returned to open session at 9 : 30 p.m. Agenda Item #8-F, Ordinance No. 554, 1st reading. Creating Police Reserve and Auxiliary Fire Service. Curtis Hawk, City Manager, stated the main difference with this ordinance is it deals with the requirement that volunteer fire I personnel be certified. Most of the personnel now involved with the volunteer fire department are eligible for certification. This ordinance is not something that has been done quickly, this is probably the third draft of the ordinance. This ordinance incorporates other ordinances on the books for auxiliary fire department, reserve police officers and volunteer fire personnel . The costs for training both fire and police reserve personal was discussed. Mayor Fickes stated he would like to see a policy that the City will reimburse the personnel for education for certification. If the City is going to require certification, the city should pay for I it. I C City Council Meeting Minutes December 3, 1991 page ten Agenda Item 8-F, Continued Mayor Pro Tem Wilhelm stated, the City of Southlake will never make anyone join the volunteers . Councilmember Barry Emerson stated he pushed to have this ordinance on the agenda tonight because we have not been enforcing the other ordinances in this area. The Mayor noted it is essential that the training of our volunteers be maintained in a current record. Curtis Hawk stated he would like to bring the ordinance back on December 17, for second reading, giving him the opportunity to pass the ordinance around and also include the procedures and policies . Tom Snyder, President of the Southlake Volunteer Fire Department. Mr. Snyder stated the enrollment figure in the ordinance of twenty (20) is low, he would like it to be raised to twenty-five (25) . He outlined the number of sets of gear which were purchased by the Volunteer Fire Department. He asked that Section 21 of the ordinance in regard to members of an organization be changed from "may" to "shall" . Lige Mayor Fickes noted he would be meeting with Volunteers next week and Councilmember Emerson agreed to meet also. Motion was made to approve Ordinance No. 554, 1st reading, with the modification to raise the cap on the number of volunteers to twenty-five (25) . Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes : Emerson, Wilhelm, Hall, O'Brien, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #9-A, Resolution No. 91-44, Request for Variance to Masonry Ord. for Timarron Addition The City Manager noted Resolution No. 91-44 , is a request for variance to the masonry ordinance. Under our ordinance this is a public hearing, and Council needs to be specific on the reasons for and the requirements and special conditions applicable to the request. Susan Evans, president of Timarron Corp. was present to answer questions for Council . They are requesting a variance to the masonry ordinance in order to create a unique identity for the development of Timarron. They wish to provide a quality identity I L City Council Meeting Minutes December 3, 1991 page eleven Agenda Item #9-A, Continued which will separate them from the other areas in Southlake. The buildings which are proposed to be constructed are in line with the renderings which are attached to the minutes . They are to contain no less then 45% masonry materials and glass . Ms . Evans noted the structure will be located at the entrance at Continental Blvd. and White Chapel Blvd. , being a wall or landscaping. The other 55% would be wood siding, painted with a semi-transparent stain. The structures would either be maintained by them or they would be deeded to the homeowners association. The development would be turned over the homeowners when the addition is 75% complete. Councilmember Sally Hall commented in regard to the requirement for masonry. She would like to see a higher percentage of masonry on the buildings . As things get tough, the first thing people let go is the homeowners association fees . She feels the structures should be maintenance free, or as much so as possible. Mayor Pro Tem Wilhelm commented the masonry ordinance was passed because Council wanted structures to be esthetically pleasing. He noted, the variance requested includes all the landmark and tripe recreational buildings over the 900 plus acre tract. Discussed was the entrance feature, the recreational at the northern part, and the potential recreational area down to the lake. He asked, what will happen if Mobil sells off land in five or so years and the new owner has been given a variance. Wilhelm would like for the areas to be localized in some degrees . Ms . Evans stated she does not see a problem with this request. No comments were received during the continuation of the public hearing. Motion was made to approve Resolution No. 91-44, including the staff memorandum dated December 3, 1991, with materials to include stone, glass and wood and a general location of the structures as described, being included in the resolution. Motion: O'Brien Second: Wilhelm Ayes : O'Brien, Wilhelm, Emerson, Farrier, Fickes Nays : Hall Approved: 5-1 vote C F C i (.... City Council Meeting Minutes December 3, 1991 page twelve Agenda Item #11-A, Discussion: S-2 Sewer Line Agreement Director of Public Works, Michael Barnes, presented a proposed agreement for the S-2 sewer line. A copy of the memorandum dated November 27, 1991, is hereby attached to the minutes . Mr. Hawk noted staff will bring this item back to Council on December 17, 1991 for consideration. Agenda Item #11-B, Discussion: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 The Memorandum dated November 27, 1991, from Director of Public E Works, Michael Barnes, in regard to the drainage facilities for the proposed Chevron Station at F.M. 1709 and F.M. 1938, were IE discussed. A copy of the memorandum is hereby attached to the minutes of the December 3, 1991 City Council meeting. Council is to consider this agreement during the December 17, 1991 CCity Council meeting. Agenda Item #11-C, Ordinance No. 550, Thoroughfare Plan E., City Engineer, Eddie Cheatham, gave a summary of the changes to the text of the proposed Thoroughfare Plan. Jack Hatchel, traffic engineer, was present to answer questions for Council . E It was noted the Planning and Zoning Commission approved the plan. This item is to be considered by the City Council during the IE December 17, 1991 City Council meeting. Agenda Item #11-D, Discussion: Ordinance No. 551, Park Master Plan Greg Last, City Planner made a presentation of the Park Master Plan. A copy of the memorandum from Mr. Last, dated November 26, 19991, is hereby attached to the minutes . Agenda Item #12, Adjournment The meeting was adjourned as 12 :20 a.m. by Mayor Ickes.,_ E yor Gary Fick s \o � ��A, F'�,' AT EST: � 114/1,4(A• X aii4L1,) 11/4 • - Landra L. LeGrand, City Secrar �,,� • a ;ram P`\ :co ; J� C Friends of the Southlake Library F.O.S.L., Inc. • P.O. Box 92692 • Southlake, Texas 76092 December 3, 1991 DECa31991 Honorable Gary Fickes and The City Council OFFICE OF City Hall CITY SECRETARY Southlake, Texas 76092 Dear Mayor Fickes and Councilmembers : The Friends of the Southlake Library are pleased to present to the City of Southlake this check for $7, 500 for the purchase of books under the interlocal agreement with the City of Grapevine. Through the fund-raising efforts of the Friends and other community organizations, notably the Southlake Chamber of Commerce and the Southlake Womens Club, citizens have contributed $12, 500 to date for the purchase of books . With the $10, 000 allocated by the City of Southlake in the E.. 1990-91 fiscal year, this brings our book acquisition fund to a total of $22, 500 . This represents approximately 1, 500 books on order or to be ordered for the City of Southlake to circulate at the Grapevine Library. Additional matching funds from the City would bring the acquisition fund to $25, 000 . Our community is planning additional fund-raising activities in 1991-92 to continue the growth of Southlake' s book collection. Sincerely, KaAt,c)A2.p/e. Karen Apple, President Steph n Ap le, Treasurer Phy ' s Adler, Secretary C _ , THE STATE OF TEXAS **7�r. COUNTY OF '/Wie, G * %be 1A7IA]I �• as a member of the s�`I!/�j` (4 /V ��q''L-make this affidavit and hereby on oath state the fo lowin4: I, and/or a person or persons related to me, have a substantial interest in a business entity that would Ile peculiarly affected by a vote or decision of the Z '/I I's Q$ ' PC as those terms are defined in Chapter 1 , Texas Local Government Code. The business entity is 1005 4 /soAG gliA `C (name a*' address) I have a substantial interest in this business entity for the IEfollowing reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. imr Real property is involved and have an equitable or legal ownership with a fair market value of at least $2 ,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this a' day of 199 f .- 1(.- ?Ic--oP°4-\11 -c\h R- 6 t e of officia I 1,‘.i. (�13 .0N 0 -s- '' c.�-, - l ,� 0` ��2 tirer e-,� J-8 c. Z. .v4 L1 0A �v� I • AL . BEFORE ME, re, undersigned authority, this day personally appeared and on oath stated that the facts er nabove stated are true to the best of knowledge or belief. Sw��a�rpp to and subscribed to b fore me on this _5 day of D�'""'`A/vJ LuJ' , 19 r t f ' , D Notary i.c in and for ` � � �" '�'•�� the State of Texas '\ !�'' STATE OF TLAAS My Comm.Exp.02(04193 • / Q j + „ /'.,/�L- My Commission Expi i� h v► Type Print Notary' s Name L C C L C I C I I I I I City of Southlake,Texas MEMORANDUM December 3, 1991 TO: Curtis E. Hawk , City Manager FROM: Greg Last, City Planner SUBJECT: Resolution No. 91-44, Request for variance to Masonry Ordinance for Timarron Addition. Mobil representatives have offered the following items as possibilities for fulfilling the requirements of sections I and II of the referenced resolution. ***************************************************************** SECTION I That a variance is hereby granted to the Masonry Ordinance No. 311, as amended, on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the aforementioned ordinances and the restrictions set forth herein. The specific grounds or reasons upon which this variance is granted are: Eftme 1 . To provide a quality identity that separates Timarron from other Master Planned Communities in Southlake. 2 . To integrate natural architecture with the landscape, not overpower it. 3 . To provide flexibility in architectural design for future community and recreational facilities. SECTION II The following specific requirements and special conditions shall be applicable to the granting of this variance: 1 . Site specific to designated parcels within Timarron. 2 . Buildings to be constructed in general conformance with renderings presented to the City Council. 3. Buildings shall contain no less than 45% of masonry materials and glass GL/gh I City of Southlake,Texas MEMORANDUM C%TYMANAG • ER November 27, 1991 ■ i''!'" TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director ISUBJECT: S-2 Sewer Line Installation Agreement For several months, John Drews of Southiake Joint Venture (developer of Albertson's and Chevron at the southeast I intersection at F.M. 1938 and F.M. 1709) , Mary Stone Myers, et al, and City staff have been discussing the feasibility of installing a portion of the S-2 sewer line from the Big Bear IInterceptor to F.M. 1709 (see Exhibit "A", Section I) . Cheatham and Associates has prepared a cost estimate of the sewer line that include all costs except easement IL acquisition. The total estimated cost is $390,000, which divided equally three ways, would be $130,000. The only unknown is the cost of easement acquisition. Hopefully each property owner will give the easement in return for a free sewer tap. The two parties involved have stated that their respective maximum costs that they could afford including easement acquisition, is $135,000 for Southiake Joint Venture and $150, 000 for Mary Stone Myers, et al . Since the two parties have expressed an interest and have stated that they are willing to share equally up to a maximum cost with the City in the installation of the sewer line, the Staff is submitting this proposal to the Council for discussion at the December 3 Council meeting and possible consideration at the December 17 meeting. All three parties have agreed in general that an agreement would need to be drawn stating the basic parameters that would be followed. The parameters proposed are: 1 . The City of Southiake, Mary Stone Myers, et al, and Southiake Joint Venture will share equally in the cost associated with the construction of the S-2 sewer line as shown on attached Exhibit "A. " The total maximum cost that Mary Stone Myers, et al, will pay is $150,000 and Southiake Joint Venture $135,000. Prior to award of the contract, all parties shall submit their equal share of the bid amount and associated costs to the City based on the actual bid cost and associated costs . I Curtis E. Hawk S-2 Sewer Line Installation Agreement L, November 27, 199 Page 2 2. All parties, with the exception of the City, will be eligible for reimbursement fees according to the Sewer Prorata Ordinance. Impact Fees required for Mary Stone Myers and Southlake Joint Venture will be credited to them up to the amount of their total contribution of constructing the S-2 sewer line. 3. The route of the proposed S-2 sewer line will generally be as proposed on Exhibit "A. " It should be noted that exact routing will depend on availability of easements. 4. It is anticipated that the project will receive bids within one year from the date of this agreement. If the project has not been bid by this date then this agreement will become null and void, provided other arrangements have not been made. 5. It is agreed by all parties that the City will finance initially the engineering and survey cost in order to expedite the construction of the sewer line. However, it is agreed by all parties that if any party does not produce their share of the construction cost prior to Lire the bid award and the project is shelved, all parties will at least pay their equal share of the engineering, surveying and easement preparation and acquisition costs (Cheatham's proposed contract is $63,450) within 30 days after receipt of notice from the City. If these conditions or a revised version of these conditions are acceptable to the Council, then an agreement will be submitted to the Council on December 17, 1991 and a contract with Cheatham & Associates to start the surveying and engineering work. It is anticipated that the surveying, engineering, easement preparation and acquisition will take a minimum of six months . The City' s portion of the funds will come out of the Sewer Impact Fund, which has a balance of $ 295,000 . Please place this item on the Council 's next agenda. If you have any questions, please contact me. MHB/lc City of Southlake,Texas CITY MANAGEi MEMORANDUM , -a - 1 ' November 27, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 At the southeast corner of F.M. 1938 and F.M. 1709, Southlake Joint Venture (SJV) is proposing to develop the first phase of Southlake Crossing Shopping Center. SJV has an existing drainage easement (designed for an open ditch) that they granted to the State Highway Department several years ago. The easement was granted with the understanding that they could recover the easement if Southlake Joint Venture would build, at their expense, a multiple box culvert meeting the requirements of the City and Highway Department. Southlake Joint Venture is now requesting, at their expense, to install a multiple box culvert in lieu of an open ditch, thus requiring the State to release to Southlake Joint Venture a portion of the existing drainage easement. The cost of the box culvert is estimated at approximately $115,000. irmw The Highway Department is now prepared to dedicate back to Southlake Joint Venture a portion of the existing easement. In order to do so the Highway Department has to include the design of the box culvert in the proposed F.M. 1709 Construction Plans which necessitates the Highway Department requiring a letter from the City requesting same. This means that the City will be obligated for the $115,000, however, the City will recoup its cost from SJV. The cost of the design and installation of the multiple box culvert is the sole responsibility of SJV. SJV has already paid for the design of the multiple box culvert and is prepared to pay for the installation from the proceeds of a sale to Chevron (scheduled to close in February 1992) for approximately 65,000 sq. ft. at that intersection. In order to close on the Chevron sale, a portion of the existing easement needs to be deeded back to SJV at the time of closing. At that time, $115,000 will be placed in an escrow account to the City for the sole purpose of funding the box culvert construction. ir Southlake Joint Venture is willing to enter into an agreement with the City stating that they will be responsible for the cost of the box culvert if the Chevron deal closes as scheduled. Curtis E. Hawk, City Manager Drainage Facilities : Proposed Chevron Station November 26, 1991 Page 2 In general, the Council has the following options. 1. Do nothing. 2 . Request the Highway Department to include the box culvert in their design of F.M. 1709 and trust that the Chevron deal will go through. If the Chevron Corporation has not escrowed the cost of the box culvert by May 1, 1992, then the City will have to request the Highway Department to remove the box culvert from their plans or the City will assume the cost of the box culvert. 3 . Same as 2, except require a contract or agreement with Southlake Joint Venture to be responsible for the cost of the box culvert. This is being brought to the Council as a discussion item to make a decision on the way to proceed. Since this is a complicated item, there may be another alternative that staff has not considered. Please place this on the Council 's next agenda. If you have any questions, please contact me. MHB/lc C C City of Southlake,Texas MEMORANDUM CtTY MANAGER November 26, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Public Works Director SUBJECT: Thoroughfare Plan C At the November 21 meeting with the Planning and Zoning Commission (P & Z) , Cheatham and Associates, consultants for the Thoroughfare Plan, presented the final draft of the Thoroughfare Plan. At the meeting the P & Z made several recommendations and the consultants are prepared to make their final presentation to the Council. The Council will need to bring their draft of the Thoroughfare Plan to the meeting and the consultants will go through the draft outlining the changes that have been made. It is requested that this item be placed on the Council's next agenda for discussion. It is anticipated that the final report will be ready to distribute at the 1st reading on December 17, 1991. If you have any questions, please contact me. #13 MHB/lc C I I I E , ' City of Southiake,Texas(Ihre CITY MANAGER MEMORANDUM November 26, 1991 I, TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Parks, Recreation & Open Space Master Plan, Summary of Recommendations. C Prior to the Joint Work Session the Council mthe above referenced rs were sent a copy of the Final Draft (October, 1991) o Master Plan. We will be working from this document during the Council meeting on December 3, 1991. On Monday, November 11, 1991, the Park Board unanimously recommended the approval of the Parks, Recreation and Open Space Master Plan prepared by Schrickel Rollins and Associates out of Arlington. The Park Master Plan is the result of nine months of research, public input and collaborative discussions betwde 1 the park Board and the Consultants. It has a great information to digest pertaining to research about the City as well as the actual parks and recreation recommendations. This Le memo is provided to summarize the recommendations commendations and document. This will include both policy commendations find two charts re facilities recommendations. Attached you summarizing the eventual total costs for ultimate improvements and a facilities summary. 1 Southlake will build its system from a deficit position with a single fourteen-acre park and no pars and recreation department. The City's population is growing at a rate more than double that of the DFW metropolitan area. This will create even more pressure on the existing cilities for parks nd and trecreation.he City's need to accelerate capital improvements It should be noted that there is a difference between aster Plan and a Capital Improvement Program (C.I .F. ) .Park This andd M the Plan is a guide, recommended by Consultants, based on National Recreation and Parks should Associatibeon (NRPA) guidelines, which highlights where facilities t if it is the with regards to parks and recreation intention of the City to meet these guidelines. Following approval of the Master Plan by City Council, the Park Board would then recommend a strategic o timetable ime b e these for implementation and expenditures necessary the Planning goals. The City Council, after a recommendation by will then and Zoning Commission per City Charter requirements, decide what the City "can afford vements program and Recreation as a part of a City wide Capital Impro . . E • . City of Southlake,Texas Li RECOMMENDATIONS - The Master Plan offers the following recommendations: 1. JOINT-USE WITH SCHOOL DISTRICTS - A main emphasis stif thud plan is the joint utilization of school properties recreational facilities. Representatives of CISD have expressed a willingness to work with the City to achieve these objectives. This involves either the Cityor cjding • recreation improvements on school property development of school sites adjacent to park sites. 2. UTILIZATION OF CORP. PROPERTIES - Wherever possible sites are located adjacent to or within Corp. of Engineers (COE) property near Lake Grapevine. The COE has expressedthe willingness to land lease properties to the City with great understanding that the City maintain the property. A ren deal of diver o existswithin the City�ership, g of a broad range opportunities 3. STAFF RECOMMENDATIONS - Establish a parks and recreation department with a City who is This willer the greatly aid tin supervision of the C y 9er the implementation of the Master Plan recommendations. 4. PURSUE DIVERSE FUNDING MECHANISMS- A diversity of funding (ftw methods is: provided to include: Budgeting from the General Fund; General Obligation Bonds or Revenue Bonds; Cost share hare programs with the National Park Service (N of and Wildlife Department (TPWD) , the Department Small Transportation, Texas Department of Forestry, Business Administration (SBA) ; User Fees; Foundations; and Gift Catalogs. 5. ESTABLISH NEIGHBORHOOD PARK SERVICE ZONES - Ten neighborhood service zones are recommended. The size of the zone and the type and number of facilities varies dpenng li on the population within each zone. traTipical multi fa eilidties include playground, picnic tables, courts, tennis courts, practice ballfields and soccer fields, parking and some irrigation. The Section it ies Pfor for each zone are provided in the charts in Recommendations. 6. ESTABLISH COMMUNITY PARK Community EP ZONESks. The- Threethir areas acre site have been recommended for Comm Y north of S.H. 114 is within the limits of the COE flowage easement for Grapevine or fieldsfacili ties and a he lighted e will include competitive football/soccer four-plex baseball/softball complex. The thirty-five acre site adjacent to Bicentennial Park includes major or municipal improvements, i.e. Recreation Center, Aqu Tennis Center as well as one nfin finaladditional acre lighted sit nearpthe lex for baseball/softball. industrial areas in the southeast part of the City includes E 1 City of Southlake.Texas a lighted four-plex, practice ballfields and competitive football/soccer fields along with the necessary parking. 7. ESTABLISH A CITY PARK AREA - A City Park is recommended ie. n conjunction with the CO would d addepend t tfa ilities Lake apto nbe Acreage to be leased developed. Facilities unique to this location o ationreaand include an equestrian center, golf course, fishing pier, boat ramps, and a swimming beach. On November 21, 1991 the Planning and Zoning Commission unanimously recommended approval of the Park Master Plan with the following changes: 1. Change the wording "Poop3sed" Park Sites to and throughout the11texteasual" Park Sites on Plate N appropriate. 2. Add the following wording to Plate No. 3 and where appropriate within the text: "Locations shown for park sites should be considered as floating locations within the designated service zones and as such do not designate any particular piece of property" . IL 3. Deletion of the "Linkage Park and/or Public access Law easement for multi-purpose trails" from Bear Creek on Plate No. 3 due to the extent of current development on the creek and the unlikelihood oof acquiring contiguous lands from individual private The Park Board Chairman (Janet Murphy) and Vice-Chairman (Randy Robertson) were in general agreement with these recommendations. IC Please feel free to call during your review should you have any questions. [ elI GL/gh cc: C.I .S.D Beth Ann Scratchard Park Board Schrickel & Rollins C 1:' E . . . 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