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02-27-2007 (City Council) Minutes //: Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 27, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Carter Porter, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Councilman Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Library Director, Rachel Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Kris Segrest of the First Baptist Church gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Recognition of 4th Six Weeks Star Students—Character Trait"Trustworthiness" Mayor Pro Tern Porter and Councilman Young presented certificates to Star Students displaying the character trait of"Trustworthiness". CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or takes action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. Minutes—February 27, 2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the February 13, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2007-08(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and American National Bank of Texas to provide basic banking services to the City. (L. Williamson, Finance Director) C. Consider, and act upon, Resolution No. 2007-09(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and JP Morgan/Chase to provide on-line payment options for city services through JP Morgan's Pay Connexion product. (L. Williamson, Finance Director) D. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement between Collin County and the City of Wylie, Texas for GIS Services. (N. Flores, Assistant Fire Chief) E. Consider, and act upon, approval of a Final Plat creating a single lot on 20.4 acres for multi-family development. The property is generally located south of FM 544 between Hooper Road and Wylie High School within Woodbridge North Subdivision. (R. 011ie, Planning Director) F. Review and place on file 2006 Annual Traffic Contact Report. (J. Butters, Assistant City Manager) G. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2006. (S. Satterwhite, WEDC Executive Director) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2007. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom, to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Byboth absent. Minutes—February 27, 2007 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. Zoning Case 2007-01. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to rezone the property to allow for industrial warehouse and open storage uses. The 4.6 acre lot has been platted since 1986 as Wyndham Estates Phase 3, Lot 24 and was originally zoned Industrial District. However, with the city- wide zoning in 2001, the property was rezoned to NS. Properties to the north and west are zoned LI and are currently being used for light industrial uses. The Comprehensive Land Use Plan recommends Light Industrial zoning on subject property as well as abutting properties to the north and west. At the February 06, 2007 Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zoning Case 2007-01. Councilman Hogue asked if the business was a Mini-storage. Planning Director 011ie replied that the company was Landmark Brick. She explained that this area would be used to store manufactured brick. She stated that the manufacturing of the brick would be completed elsewhere and the brought to this site for storage. Public Hearing Mayor Mondy opened the Public Hearing at 6:06 p.m (Zoning Case 2007-01). There was no one present to address Council. Mayor Mondy closed the Public Hearing at 6:07 p.m. Applicant Comments Mr. Larry Nelson (property owner) residing at 2709 Pinewood Drive, Garland, Texas 75044 addressed Council stating that Landmark Brick had requested to purchase his property to store brick inventory. Councilman Hogue asked Mr. Nelson if the company planned to retain their location in the City of Murphy as well. Mr. Nelson replied he thought they were. He explained that the company indicated that they would keep their office in Murphy and use the proposed Wylie location for inventory over-ride. Mayor Mondy stated that he had been by the location in Murphy and asked Mr. Nelson what could be done to improve the visual look of the proposed property. Planning Director 011ie explained that stipulations could be addressed in the site plan if Council wished to improve the aesthetic look of the property. Councilman Young asked if the zoning case was approved with stipulations attached, would staff see that those stipulations are added to the site plan. Planning Director 011ie replied yes they would. Mayor Mondy asked if the zoning required the area to be fenced. Ms. 011ie replied that it did not due to Light Industrial not having that requirement. Councilman White asked if the property would be paved. Director 011ie replied that the road going to the supplies would be paved but no structure would be constructed. Mayor Mondy stated that within Light Industrial he believed it should include at least a structure on the property to be equal to the size of the lot and not a guard shack. Director 011ie replied that this was an allowed use of the zoning. Mayor Mondy asked Council if there was anymore discussion. Mayor Mondy then asked for a motion. Item #1 died for lack of a motion. Minutes—February 27, 2007 Wylie City Council Page 3 After consideration of Item#2, Councilman Newsom made a motion to reconsider Item #1 (ZC 2007-01). Motion passed with the consensus of all councilmembers. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Zoning Case 2007-01 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. . A vote was taken and failed (denied) 4-2 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue, and Councilman White voting against and Councilman Newsom and Councilman Young voting for. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self- Storage) uses throughout the City. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff was directed by the Planning & Zoning Commission to pursue amending the regulation of Mini-warehouse uses throughout the City. (Nov.7, 2006) The current ordinance allows the use by right within Commercial Corridor (CC) District, Light Industrial (LI), and with a Special Use Permit (SUP) within the Community Retail (CR) District. The proposed amendment will continue to allow the use by right within LI, allow by right in HI, allow with an SUP in CC and prohibit the use within CR District. Mayor Mondy asked Planning Director 011ie what her recommendation was. Director 011ie replied that she was in favor of the amendment; mini-storage units did not fit either the purpose or aesthetic look for commercial corridors such as S.H. 544 and S.H. 78. Public Hearing Mayor Mondv opened the Public Hearing at 6:15 p.m (Zoning Case 2007-04). There was no one present to address Council. Mayor Mondv closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self-Storage) uses throughout the City. A vote was taken and passed 6-0 with Councilman Byboth absent. Minutes—February 27, 2007 Wylie City Council Page 4 General Business 3. Consider, and act upon, Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on-line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that under a separate agenda item, the Finance Department is asking for an approval of a contract with JP Morgan/Chase for an on-line payment portal to the City's website called Pay Connexion. The cost of this service to the city is free of any charges; however a $1.75 will be charged for each credit card or debit card transaction by a customer at time of sale. The current Ordinance No. 2006-58 authorizes a $3.00 convenience fee to be collected at the point of sale (utility billing desk, court cashier, etc.) This will not change. We need to add the new convenience fees for on-line payments made through our website. Council Discussion Mayor Mondy stated that he did not believe citizens should be penalized for coming to City Hall to make their payments. He stated that those wishing to pay at the counter would pay $3.00 and those wishing to pay on-line would pay a proposed $1.75. Finance Director Williamson explained that Council had requested, prior to the point of sale price being adopted, that staff look at the cost to the City both in personnel and fees to process credit card payments at the point of sale (utility department). He reported that the $3.00 charge per sale was derived from this research as a price per sale. He explained that when making a payment on-line, JP Morgan/Chase had agreed to absorb all costs over the $1.75 credit card fee. This amendment only provides additional fee for on-line payments. Councilman White explained that when citizens come into City Hall to make their payments there are various fees (transaction fees, etc) that are charged to the City to process the payment. He explained that with the on-line payments, no costs were accrued by the City. Councilman Newsom stated that if the $3.00 fee was reduced, citizens that paid by check or auto pay would be paying a portion of the costs for the credit card payments. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on- line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. A vote was taken and passed 5-1 with Mayor Pro Tern Porter, Councilman Hogue, Councilman Young, Councilman White, and Councilman Newsom voting for and Mayor Mondy voting against. Councilman Byboth was absent. 4. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. (L Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City approved a 5 year Capital Improvement Plan (CIP) for water and sewer projects and identified them as being funded with Certificates of Obligations. The Debt Service for these projects was included in the City's Water Rate Minutes—February 27, 2007 Wylie City Council Page 5 Study. This resolution authorizes a notice to be published of the City Council's intention to issue Certificates of Obligation in an amount not to exceed $7,750,000; to be paid from water&sewer revenues and water and sewer impact fees. He added that First Southwest had presented to staff a re-financing proposal that would refinance the balance of the General Obligation Bonds for 1999 and 1997 at a lower interest which will save the City a substantial amount of money. This proposal for refinance will be presented to Council at a later date. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. A vote was taken and passed 6-0 with Councilman Byboth absent. 5. Consider, and act upon, Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that a rising case load has made it necessary to move an officer from Patrol to Criminal Investigations Division. In order to facilitate this transfer we will need an additional CID car. There are budgeted funds available as two cars that were scheduled for replacement are being retained. Both of the vehicles being retained have low mileage and are still in good shape. Councilman Young asked Assistant City Manager Butters if this transfer included all the extra items such as computers for the CID vehicle. Assistant City Manager Butters replied that this was the cost of the vehicle only. He explained that those items normally placed in police vehicles would not be required in the CID vehicle. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. A vote was taken and passed 6-0 with Councilman Byboth absent. 6. Consider, and act upon, Ordinance No. 2007-06 amending Chapter 18 (Animals), Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. (J. Butters, Assistant City Manager) Staff Comments Lieutenant Atkison addressed Council stating that the current Wylie Code of Ordinance is in conflict with the Zoning Ordinance (Agriculture Zoning) and it has been amended so they are no longer in conflict. The City of Wylie Livestock and Fowl Ordinance Code 18-9 (a) reads in part, "no more than one animal defined as being livestock per 4,500 square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size". The way the current ordinance is written it would allow nine(9) animals defined as being livestock per acre which does not comply with the Comprehensive Zoning Ordinance or the land use chart 5.1. Council Discussion Mayor Mondy asked Lieutenant Atkison why this Ordinance was required. Lieutenant Atkison replied that the Wylie Code of Ordinances was in conflict with the Zoning Ordinance regarding livestock. The proposed Ordinance would correct the code to comply with the agriculture/residential portion of the Minutes—February 27, 2007 Wylie City Council Page 6 Zoning Ordinance. He explained that there should be no more than one livestock per 4,500 square feet of property. Mayor Mondy asked how the citizens currently with livestock and not in compliance with the proposed amended ordinance would be handled. Assistant City Manager Butters addressed Council and stated that the ordinance would be grandfathered; meaning that it would be considered on a case by case basis. Those already housing livestock would not be required to reduce the livestock per acre. City Manager Manson stated that pursuant to the zoning requirements, the property would have to be vacant for at least 6 months before the new owner would be required to follow the amended ordinance. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2007-06 amending Chapter 18 (Animals Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. A vote was taken and passed 6-0 with Councilman Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2007-04, 2007-05, and 2007-06 into the official record. Mayor Mondy recessed the meeting at 6:38 p.m. Mayor Mondy reconvened into work session at 6:45 p.m. WORK SESSION • Presentation update and discussion related to construction of the new Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss Architecture/Thomas. S. Byrne, Ltd. Construction Manager) Representatives from ARCHITEXAS, Holzman Moss Architectural, and Thomas. S. Byrne, Ltd. Construction Manager gave an update regarding the purposed Library, City Hall, and Recreation Center. Displays were presented showing the preliminary exterior design and interior design and adjacencies. Proposed landscape designs were presented including a preliminary master plan for the meadows and entrances in and around the municipal complex. Plant materials suggested were native plantings and trees indigenous to the area. Discussion was conducted regarding material usage of Texas limestone for the exterior walls as well as some of the interior walls. Special places such as the Council Chambers and meeting areas were presented in red stone to accent those areas as well as designate them to the public. The roofline for the building was split to allow a series of glass (approx. 10 ft. in height) to allow natural light into the building. Transition designs were presented showing the phasing of the buildings. Malcolm Holzman representing Holzman Moss Architects reported, based on these preliminary plans and materials that they would present some cost estimates at a future meeting to determine the extent of work that could be completed under Phase I, and within the bond proceeds. The next work session for the building design is scheduled for the Regular City Council Meeting of March 27, 2007. Minutes—February 27, 2007 Wylie City Council Page 7 ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 7:20 p.m. Consensus of Council was to adjourn. Jo Mon y, or ATTEST: SEAL • • • Caro a Ehrlich, y ecre$ary if h,�E►,►i V.21- Minutes—February 27, 2007 Wylie City Council Page 8 I I I QLIBRARYY PHASE II O LIB /PHASE I I t0 tt t2 tI t♦ is El) ?CITY H 16PHASE 119 CITY HATPHASE IIP ? n 71 25 RC.CENTE TPHASE 12e REC.CEL PHAS.•III EXTENT OF ONE STORY I ++I I I 1 I I I I i I SCHEME —1 -- m ^�-y —� -_ I ► e i �L II - t- ��r� .. I— [Ill1[Lr-t, .Mlle.. P m 1 "` i i� I_ , to tit e r i e ! 7rl. t �rtlrl`�a�tr SECTION d-A I I I I I i i i i I I i I I i i I I i I I 1 I I 1 1 T ? ? T, ? --$-- -•T T , 1��� , T --_. i rr a : ."' y "". 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