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2004-11-16 Regular CC Meeting I ;' I. I I I I I I I I. I I I I I I I I. I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: NOVEMBER 16_ 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediatelv foUowinl! the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(t), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held- under these exceotions_ at the end of the ReI!ular Session or at any time durinl! the meetinl! that a need arises for the Citv Connell to seek advice from the Citv Attornev as to the oosted subiect matter of this Citv Council meetinl!. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. c. Seek advice of the city attorney regarding the establishment clause. 2. Section 551.087: Deliberation rel!ardinl! economic develooment nel!otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Tom Pennington, Countryside Bible Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Financial Report I I. I I I I I I I I. I I I I I I I I- I City of Southlake City Council meeting agenda November 16, 2004 Page 2 of5 D. Local Business 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 Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approve the minutes for the November 3, 2004, special City Council meeting and the November 8, 2004, special City Council meeting. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. ZA04-073, Site Plan for Lot 2R, Block 5, Cornerstone Business Park located on the east side of South Nolen Drive, across from the intersection of South Nolen Drive and Silicon Drive. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-421A, (ZA04-089), 1st Reading, Zoning Change and Development Plan for Estes Park, Phase I Addition located on the south side of the 600 and 700 blocks of East Dove Street. Current Zoning: R- PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held December 7, 2004.) 9. Resolutions: A. Resolution No. 04-071, Amending City ofSouthlake Personnel Policies to adopt a Workplace Conduct Policy, incorporating and superseding the current Sexual Harassment Policy and EEO Discrimination Complaint Procedure. 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Councll meeting agenda November 16, 2004 Page 3 of 5 B. Consider SP04-267, Variance to the Sign Ordinance 704-B for Gobs Of Gifts located at 1110 East State Highway 114. C. Consider SP04-268, Variance to the Sign Ordinance 704-B for Shogun Restaurant located at 2970 East Southlake Boulevard. D. Resolution No. 04-074, Authorizing the Mayor to enter into TIP development and 380 agreements and the associated parking agreement with SL TS Grand Avenue District, L.P., for the development of the Grand Avenue District. E. Authorize the Mayor to execute a Commercial Developer's Agreement for Town Square Brownstones, Phase I, a 4.005 acre tract on the east side of Town Square. F. Consider final approval of the movie theater building elevations for ZA04- 067, Site Plan for Southlake Town Square Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. G. Consider final approval of the ground level garage screening for Resolution No. 04-070, (ZA04-069), Specific Use Permit to allow multi- level parking garages for non-residential property on Lot 2, Block 3Rl, and Lot 3, Block 4R, Southlake Town Square, Phase I, and on a portion of Tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481. The sites are located approximately 1,000 feet east of North Carroll Avenue and approximately 1,000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. 11. Other items for discussion: There are no items on this agenda. 12. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, November 12,2004, by 6:00 p.m., pursu t to the Tex Government Code, Chapter 551. ........ ,.",,.w_nUli~ ,...~ ..,-. .:' ~ . !~I ~ City Secretary : (j : ~ If you plan to attend this public meeti~ a\t have a di ty that requires special needs, please advise the City Secretary's Office ~ hoflri, in. allte at 817-481-1490 and reasonable " ...i' ~ accommodations will be made to assist y6&."" Jf-*... "".... I"....""", I I. I I I I I I I I. I I I I I I I . I I City of Southlake City Council meeting agenda November 16,2004 Page 4 of 5 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City ofSouthlake vs. Timarron et.al. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 3. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 5. City of Southlake vs. Howard E. Carr, Jr. March 2004. 6. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. Section 551.072: Deliberation re2ardin2 real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re2ardin2 prospective 2ift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation re2ardin2 personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. I I- I I I I I I I Ie I I I I I I I .- I City of Southlake City Council meeting agenda November 16, 2004 Page 5 of5 Section 418.183(fl: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetin2s to discuss ememencv mana2ement olans re2ardin2 oioeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. I I. I I I I I I I Ie I I I I I I I. I I CITY OF SOUTHLAKE OffiCIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 16, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland (arrived at 6:09 p.rn.), and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough, Chief of Administration Garland Wilson, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 9A, and lOA were added to the consent agenda. The work session ended at 5:55 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular seSSIOn was called to order by Mayor Wambsganss at 5:55 p.m. Agenda Item No. 2A. Executive Session: Mayor Wambsganss announced that the City Council would be going into executive session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for executive session at 5:55 p.m. Executive session began at 6:14 p.m. and ended at 6:52 p.m. Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:58 p.m. The Mayor asked if there was any action necessary as a result of the executive session. There was no action as a result of the executive session. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 1 0[6 I I o I I I I I I I 10 I I I I I I I. I I Agenda Item No.3. Invocation: The invocation was given by Jessica Beebe from Met Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Ret>ort: Mayor Wambsganss announced upcoming meetings and events. The Mayor thanked local business, Brook Mays Music Group, for their willingness to donate a player piano for use in the foyer of Town Hall during the holiday season. The Mayor also thanked Councilmembers Hill and Muzyka for their participation in the City's United Way employee event on November 12. Agenda Item No. 4B. City Manager's Report: City Manager Campbell thanked Councilmember Terrell for his time and dedication in working with staff and the developer on the various Southlake Town Square agreements. Human Resources Director Hugman said the United Way event was a big success this year and raised funds of over $5,000 during the event alone. Agenda Item No. 4C. Financial Ret>ort: A written report was given to Council. Agenda Item No. 4D. Local Business Ret>ort: There was no report given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. SA. Approve minutes for the November 3. 2004. special City Council meeting and the November 8. 2004. special City Council meeting. Approved as presented. Agenda Item No. 8A. Ordinance No. 480-421A. (ZA04-089t 1st Reading. Zoning Change and Development Plan for Estes Park. Phase I Addition located on the south side of the 600 and 700 blocks of East Dove Street. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. Senior Planner Killough presented this item to Council during the work session. Applicant Paul Spain answered Council's questions. Agenda Item No. 9A. Resolution No. 04-071. Amending City of South lake Personnel Policies to adopt a W orkt>lace Conduct Policy. incorporating and superseding the current Sexual Harassment Policy and EEO Discrimination Complaint Procedure. Director Hugman presented this item to Council during the work session. Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. City Council excused the absence of Mayor Wambsganss from the November 15,2004, special City Council meeting. Motion was made to approve the consent agenda Items SA; 8A subject to Development Plan Review Summary No.1, dated October 29,2004; 9A; and lOA excusing the absence of Mayor Wambsganss from the November 15, 2004, special City Council meeting. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 2 of6 I I o I il I I I I I Ie I I I I I I I. I I Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7 A. ZA04-073. Site Plan for Lot 2R. Block 5. Cornerstone Business Park located on the east side of South Nolen Drive. across from the intersection of South Nolen Drive and Silicon Drive. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant representative, Jim Dewey with JBJR Engineers & Consultants, answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA04-073, Site Plan for Lot 2R, Block 5, Cornerstone Business Park, subject to Site Plan Review Summary No.3, dated October 29, 2004, as approved by the Planning and Zoning Commission. Motion: Shankland Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOB. Consider SP04-267. Variance to the Sign Ordinance 704-B for Gobs Of Gifts located at 1110 East State Highway 114. Senior Planner Killough presented this item to Council. Applicants Todd and Kim Herman, 1000 Oasis Court, Southlake, answered Council's questions. Mr. Herman stated his lease is for a period of three years. Motion was made to approve SP04-267 for a period of three years. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: Morris Approved: 6-1 Councilmember Terrell stepped out of the room. Agenda Item No. 10C. Consider SP04-268. Variance to the Sign Ordinance 704-B for Shogun Restaurant located at 2970 East Southlake Boulevard. Senior Planner Killough presented this item to Council. Applicants Brandon Jones and Chang Lee answered Council's questions. Motion was made to table SP04-268 to the December 7,2004, City Council meeting and to allow the continued use of the banner sign until December 7, 2004. Motion: Jones Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 3016 I I. I I I I I I I I. I I I I I I I. I I Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 7:30 p.m. Mayor Wambsganss reconvened the meeting at 7:40 p.m. The Mayor stated the Town Square items would be considered in the following order: lOG, lOF, 10D, and lOE. Agenda Item No. lOG. Consider final approval of the ground level garage screening for Resolution No. 04-070. (ZA04-069)' Specific Use Permit to allow multi-level parking garages for non-residential property on Lot 2. Block 3R1. and Lot 3. Block 4R. Southlake Town Square. Phase I. and on a portion of Tracts 2A5 and 3 in the Richard Earls Survey. Abstract No. 481. The sites are located approximatelY 1.000 feet east of North Carroll Avenue and approximately 1.000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Brian Stebbins with Cooper and Stebbins answered Council's questions. Motion was made to approve Agenda Item No. lOG, ZA04-069, as presented, noting the west garage will be federal style; an architectural feature will be placed in the middle of the north fal(ade of the west garage similar to the element on the west fal(ade of the west garage; and trees will be interspersed with the shrubs along the south side of the east garage. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOF. Consider final ap1>roval of the movie theater building elevations for ZA04-067. Site Plan for Southlake Town Square Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Sauare. Phase I. on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Mayor Wambsganss introduced this item to Council. Applicant Brian Stebbins with Cooper and Stebbins answered Council's questions. Motion was made to approve Agenda Item No. lOF, ZA04-067, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOD. Resolution No. 04-074. Authorizing the Mayor to enter into TIP development and 380 agreements and the associated parking agreement with SLTS Grand Avenue District. L.P.. for the development of the Grand Avenue District. City Manager Campbell and Finance Director Elam presented and discussed this item with Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 40f6 I I. I I I I I I I I- I I I I I I II I- I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE ("CITY") AND SLTS-GRAND AVENUE DISTRICT, L.P., FOR REIMBURSEMENT FOR PUBLIC IMPROVEMENTS TO PROPERTY WITHIN REINVESTMENT ZONE NUMBER ONE; APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE ("CITY") AND SLTS-GRAND AVENUE DISTRICT, L.P.; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 04-074, the TIP Development Agreement, Section C - 380 Economic Development Program Agreement - with the amendment of the definition of "Commencement Date" and the inclusion of the recommendations of Bond Counsel in Section 5; approve a Parking Agreement with the deletion of Section 7B, the amendment of Section 6D to acknowledge that the parking on the site plan meets code requirements, amending Section 5A2 to apply to leases executed after November 16, 2004, and providing that Section 5A2c, d, & e shall apply only to the project owner, and creating a new Section 5B to include such and deleting Section 5A2f and redesignating the remaining subsections of Section 5 accordingly, all this subject to the approval of the City Attorney of the exhibits to all of the agreements. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 10E. Authorize the Mavor to execute a Commercial Develooer's Agreement for Town Sauare Brownstones. Phase I. a 4.005 acre tract on the east side of Town Sauare. Mayor Wambsganss introduced this item to Council. Deputy Director Thomas presented this item to Council. Director Jackson addressed park fee items in the developer's agreement. Director Elam addressed payments to the developer. Motion was made to approve a Commercial Developer's Agreement for Town Square Brownstones, Phase I, a 4.005 acre tract on the east side of Town Square, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:39 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 50f6 I I. I I I I I il I I. I I I I I I I. I I ATTEST: ~(W. (} ~ Lori A. 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