2009-05-19 Regular CC MeetingCITY OF
SOUTHLAK.E
G
19 TEXAS
REGULAR CITY COUNCIL MEETING: MAY 19.2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Linda Pallone, Chaplain of the Month
3. Resolution No. 09-022, Canvass the returns and declare the results of the
General and Special Elections held on May 9, 2009.
4. Special recognition for City Councilmember Vernon Stansell
5. Oaths of Office for Mayor, Place 2 and Place 3 and reception following
6. Discuss 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 immediately following 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(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Reaular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice from the city attorney regarding possible
extension of contract with Redflex Traffic Systems.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2009
Page 2 of 5
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
B. City Manager's Report
1. Finance Report
C. Library Board 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.
4. Consent:
A. Approve minutes from the May 5, 2009 regular City Council meeting.
B. This item was intentionally left blank.
C. Ordinance No. 956, 1St Reading, Dedicating an easement on City owned
property at 600 State Street for the purpose of providing electrical service
® to the new DPS Headquarters site. (If approved on first reading, a public
hearing will be held on June 2, 2009.)
D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy Mayor
Pro Tem.
E. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and
Concept Plan for 520 South White Chapel Boulevard on property being
described as Tract 3E, Hiram Granberry Survey, Abstract No. 581.
Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A -
Single Family Residential District. SPIN Neighborhood #14. THIS ITEM
HAS BEEN TABLED TO THE JUNE 16, 2009 CITY COUNCIL
MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7.00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning Change and
Concept Plan for 630 Shady Oaks Drive on property described as Tract
® 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG -
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2009
Page 3 of 5
Agricultural. Proposed Zoning: SF-20A - Single Family Residential
District. SPIN Neighborhood #6. PUBLIC HEARING
Ordinances, first readings, and related items:
A. Ordinance No. 480-WWW, 1St Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
Solar Energy Systems. (If this item is approved on first reading, a public
forum will be held on June 2, 2009.)
B. Ordinance No. 480-YYY, 1St Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage
Facility Plans. (If this item is approved on first reading, a public forum will
be held on June 2, 2009.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SV09-009, Variance to Sign Ordinance No. 704-C for Garage
Outfitters located at 2707 East Southlake Boulevard, Suite 110.
B. Approve award of bid for a construction contract to RJ Construction for the
Lonesome Dove Park improvements in the amount of $96,600.
10. Other items for discussion: (There are no items on this agenda.)
11. 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, May 15, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
64a. 61
Lori Payne, TgMC
City Secretary
• cn
If you plan to attend this pb7%A...*ri0 ig and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2009
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. 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.
2. Michael Kenny vs. City of Southlake. April 2008.
3. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regarding 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 reaardina prospective -gift 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 regarding 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 regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation reaardina economic development neaotiations
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.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2009
Page 5 of 5
Section 418.183(8: 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; 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 meetinas to discuss emeraencv manaaement
plans reaardina pipeline 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.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
G SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 19, 2009
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor-Elect John Terrell,
Deputy Mayor Pro Tern Gregory Jones and Councilmembers Laura K. Hill, Pamela
Muller, Virginia M. Muzyka, and Vernon Stansell and Councilmembers-Elect Brandon
Bledsoe and Carolyn Morris.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations
Officer Pilar Schank, Director of Community Services Chris Tribble, Interim Director of
Community Services Alison Orlowski, Construction Manager Peter Kao, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant
Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Director
of Human Resources Kevin Hugman, Director of Information Technology Dale Dean,
Information Technology Technician Vicky Roche, Director of Planning and Development
Services Ken Baker, Deputy Director of Planning and Development Services Dennis
Killough, Planner II Clayton Comstock, Planner I Daniel Cortez, Administrative
Secretary Stephanie Breitbarth, Chief of Police Services Robert Finn, Chief of Fire
Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public
Works Gordon Mayer, City Attorney E. Allen Taylor, City Secretary Lori Payne, Deputy
City Secretary Tara Brooks, and Office Assistant Brandi Harris.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:12 p.m.
Agenda Item No. 2. Invocation. Chaplain of the month Linda Pallone gave the
invocation. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Resolution No. 09-022, Canvass the returns and declare the results
of the General and Special Elections held on May 9, 2009. Mayor Wambsganss read
the resolution into the record. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 1 of 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 9, 2009;
DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND
PROVIDING AN EFFECTIVE DATE.
The votes were called by City Secretary Payne and Resolution No. 09-022 was
approved by the City Council declaring John Terrell elected as Mayor, Carolyn Morris
elected to Place 2, and Brandon Bledsoe elected to Place 3.
Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 4. Special recognition for City Councilmember Vernon Stansell. Mayor
Wambsganss presented Councilmember Stansell with a plaque in recognition of his
service to the City. Each Councilmember was given the opportunity to address
Councilmember Stansell. City Manager Yelverton made a presentation on behalf of City
staff. Councilmember Stansell thanked the City for the opportunity to serve.
Agenda Item No. 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception
following. Judge Montgomery gave the Oaths of Office for Brandon Bledsoe, Carolyn
Morris and John Terrell.
Mayor Terrell presented Mayor Wambsganss with an engraved gavel and thanked him
for his service.
Mitzi Long from the office of State Representative Vicki Truitt presented a flag to Mayor
Wambsganss that flew over the Texas Capital in his honor.
Mayor Wambsganss presented Mayor Terrell with a City of Southlake Mayor lapel pin.
Mayor Terrell invited everyone to the foyer for a reception.
The reception began at 5:35 p.m. Mayor Terrell reconvened the meeting at 6:13 p.m.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items.
Mayor Terrell closed the work session at 6:15 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Terrell at 6:15 p.m.
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 2 of 7
Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code Section
551.071, seek advice from the city attorney; Section 551.072, deliberation regarding
real property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:15 p.m.
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Executive Session began at 6:30 p.m. and ended at 7:35 p.m. Deputy Mayor Pro Tern
Jones left the meeting at 6:32 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:40
p.m. and asked if any action was necessary from Executive Session. Councilmember
Muzyka asked City Attorney Taylor to restate the motion that was discussed in
Executive Session regarding the red light cameras.
Motion was made to authorize the Mayor to sign an extension of the existing Red Flex
contract which provides the red light camera system for the City of Southlake for an
extended term of fifteen years from today's date under the existing terms, conditions
and performance requirements of the existing contract, but if we are unable to complete
those negotiations within the next week, then to authorize the staff to give notice of the
automatic extension of the two incremental terms of extension provided for in the
existing contract.
Motion:
Muzyka
Second:
Hill
Ayes:
Bledsoe,
Nays:
None
Approved:
6-0
Hill, Morris, Muller, Muzyka, Terrell
Agenda Item No. W. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
Councilmember Hill discussed the Game Over events on May 21 and 22, 2009 at
Carroll High School.
Agenda Item No. W. City Manager's Report - Finance Report. A written report was
provided to Council. A separate presentation was not made.
Agenda Item No. 3C. Library Board Report. A written report was provided to Council. A
separate presentation was not made.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 4A. Approve minutes from the May 5, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. This item was intentionally left blank.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 3 of 7
Agenda Item No. 4C. Ordinance No. 956, 1St Reading, Dedicating an easement on City
owned property at 600 State Street for the purpose of providing electrical service to the
new DPS Headquarters site. A presentation was not made on this item.
Agenda Item No. 4D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy
Mayor Pro Tem. Mayor Terrell appointed Virginia M. Muzyka as Mayor Pro Tem and
Laura K. Hill as Deputy Mayor Pro Tem. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT
TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN
EFFECTIVE DATE.
Agenda Item No. 4E. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change
and Concept Plan for 520 South White Chapel Boulevard on property being described
as Tract 3E, Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG -
Agricultural District. Requested Zoning: SF-20A - Single Family Residential District.
SPIN Neighborhood #14. This item was tabled to the June 16, 2009 City Council
meeting.
Motion was made to approve consent agenda items 4A; 4C; 4D to appoint Virginia M.
Muzyka as Mayor Pro Tem and Laura K. Hill as Deputy Mayor Pro Tem; and to table
item 4E to the June 16, 2009 City Council meeting.
Motion: Muzyka
Second: Hill
Vote on Item 4A:
Ayes: Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Abstains: Bledsoe
Approved: 5-0-1
Vote on Items 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tem and Laura K.
Hill as Deputy Mayor Pro Tem; and to table item 4E to the June 16, 2009 City Council
meeting.
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public hearing.
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 4 of 7
Agenda Item No. 6A. Ordinance No. 480-584, 2"d Reading (ZA09-008), Zoning Change
and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T.
Hood Survey, Abstract No. 706. Current Zoning.: AG - Agricultural. Proposed Zoning:
SF-20A - Single Family Residential District. SPIN Neighborhood #6. Director Baker
presented this item to Council. Applicant James Hendrick, 602 Loving Court, Southlake,
Texas introduced himself to Council. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 11A03, THOMAS M. HOOD
SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 480-584, 2nd Reading (ZA09-008), Zoning
Change and Concept Plan subject to Concept Plan Review Summary No. 2, dated April
17, 2009.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7A. Ordinance No. 480-WWW, 1st Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy
Systems. Planner Cortez presented this item to Council and answered Council's
questions. Council discussed this item.
Mayor Terrell allowed the public to speak.
Michael Hinkle-Morrison with Texas Solar Systems at 2579 Hall Johnson Road,
Grapevine, Texas addressed Council on concerns with the proposed ordinance.
Motion was made to approve Ordinance No. 480-WWW, 1St Reading, Amendment to
the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar
Energy Systems asking that staff reduce the permit fee to $50 as noted; asking for
clarification of implied access to solar; requiring all requests to go through the Specific
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 5 of 7
® Use Permit process; and asking staff to evaluate the height not only for visibility issues
but for safety issues, too, and requiring that documentation be part of the SUP process.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7B. Ordinance No. 480-YYY, 1St Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site
Sewage Facility Plans. Director Baker presented this item to Council.
Motion was made to approve Ordinance
Comprehensive Zoning Ordinance No.
Sewage Facility Plans.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller,
Nays: None
Approved: 6-0
No. 480-YYY, 1St Reading, Amendment to the
480, as amended, as it pertains to On-Site
Muzyka, Terrell
Aaenda Item No. 9A. Consider SV09-009. Variance to Sian Ordinance No. 704-C for
Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. Director Baker
presented this item to Council and answered Council's questions. Applicant Rob Nitka,
707 East Southlake Boulevard, Southlake, Texas and the representative from Fast
Signs, Cruz Torres, answered Council's questions.
Motion was made to approve SV09-009, Variance to Sign Ordinance No. 704-C for
Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110, extending their
banner to July 17, 2009 and allowing a maximum letter height of 20.5 inches on the
back of the building.
Motion: Muzyka
Second:
Hill
Ayes:
Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays:
None
Approved:
6-0
Agenda Item No. 9B. Approve award of bid for a construction contract to RJ
Construction for the Lonesome Dove Park improvements in the amount of $96,600.
Construction Manager Kao presented this item to Council. Council discussed this
request.
Motion was made to approve award of bid for a construction contract to RJ Construction
for the Lonesome Dove Park improvements in the amount of $96,600.
Motion: Hill
Second: Muzyka
REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
Page 6 of 7
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:16
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terrell
Mayor
ATTEST:
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REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009
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