HomeMy WebLinkAboutReference Agenda City Council - 02/15/2005
.11 :45 A.M. - Proclamation declaring February 15,2005 as"Amy Acuff Day"
Proclamation declaring February 18. 2005 as "Johnny Lee Williams Day"
Proclamation declaring February 20-26. 2205 as "Engineers Week"
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL. COUNCIL CHAMBERS
1201 LEOPARD
FEBRUARY 15, 2005
10:00 A.M. -- l 0 : (fV
PUBLIC NOTICE. THE USE OF CELLULAR PHONES AND SOUND ACT/VA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other iilformation pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un inter prete ingles-espanol en todas las juntas
del Concilio para ayudarle.
I Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A.
Mayor Samuel L. Neal, Jr. to call the meeting to order. -----
B.
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Invocation to be given by George Pledger, Weber Road Church of Christ.
Pledge of Allegiance to the Flag of the United States. '- S;c~ ++-
C.
D.
City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern BiII'Kelly
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Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
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City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
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E. MINUTES:
1. Approval of Regular Meeting of February 8, 2005. (Attachment # 1)
Agenda
Regular Council Meeting
February 15, 2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
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Committee for Persons with Disabilities
Human Relations Commission
Leadership Committee for Senior Services
Sister City Committee
Small Business Advisory Committee
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G. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
3.
Presentation on the Status of the Downtown Transportation
Streetcar Study, Regional Transportation Authority. (Attachment
#3)
I H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas. are
incorporated herein for reconsideration and action on any reconsidered
item.
I.
CONSENT AGENDA :a:- Y: - 15
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
: CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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6.
Agenda
Regular Council Meeting
February 15, 2005
Page 3
Motion approving a supply agreement for brass service fittings in
accordance with Bid Invitation No. BI-0007-05 with National
Waterworks, Inc., of Corpus Christi, Texas based on low total. bid
for an estimated annual expenditure of $1 03,334.70. The fittings
will be stocked by the Warehouse and distributed to Water
Department. The term of the agreement is twelve months with
option to extend for up to two additional twelve month periods,
subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Water Department
in FY 2004-2005. (Attachment # 4)
5.
Ordinance appropriating $30,223 from the State Homeland
Security Grant in Fire Grants Fund 1062 for purchase of a
building access and security system for the Frost
Bank/Emergency Operations Center building. (Attachment # 5)
Motion to accept ownership of the American Bank Center Arena
from the Corpus Christi Business and Job Development
Corporation with an effective date of February 7, 2005.
(Attachment # 6) Lf- fir- (SJ .
7.
Motion authorizing the City Manager or his designee to execute
a construction contract with Chief Environmental Surveys, of
Houston, Texas in the amount of $283,460 for the Broadway
Basin 15-inch and Larger Wastewater Lines Cleaning FY 2004-
2005. (Attachment # 7)
8.
Motion authorizing the City Manager or his designee to execute
a construction contract with RCM Construction, Inc., of Corpus
Christi, Texas in the amount of $456,050 for the Wastewater
Clean-out I nstallation Program FY 2004-2005. (Attachment # 8)
9.
Motion authorizing the City Manager or his designee to execute
Amendment No. 11 to the Contract for Professional Services with
Goldston Engineering, Inc., of Corpus Christi, Texas in the
amount of $31,125 for a total restated fee of $813,398 for the
Force Main Repairs and Replacement - Country Club Estates Lift
Station Project. (Attachment # 9)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
February 15, 2005
Page 4
10. Motion authorizing the City Manager or his designee to authorize
a construction agreement in an amount not to exceed $88,582.43
with AEP for street light installation and relocation of electrical
power lines on Port Avenue between Sam Rankin and United
States Highway 181. (Attachment # 10)
11.a. Ordinance appropriating $61 ,120.14 from unappropriated interest
earnings and miscellaneous revenues from Park Capital
Improvement Program Fund No. 3280 for miscellaneous change
orders and amendments; amending the Capital Budget adopted
by Ordinance No. 025647 by increasing appropriations by.
$61,120.14. (Attachment # 11) r.j- e.
11.b. Ordinance appropriating $9,994.86 from unappropriated interest
earnings and from Park and Recreation 2001 Capital
Improvement Program Fund No. 3288 for miscellaneous change
orders and amendments; amending the Capital Budget adopted
by Ordinance No. 025647 by increasing appropriations by
$9,994.86. (Attachment # 11)
12. Motion authorizing the City of Corpus Christi's proportional
contribution of the local share of administrative expenses for
regional water planning activities during FY2005, required by
Senate Bill 1, 751h Texas Legislature, in accordance with the
Interlocal Agreement for Water Planning Activities approved by
Motion 98-034, with the City's remaining share, according to the
formula adopted by the Regional Water Planning Group, to be
$44,309.51. (Attachment # 12)
13. Ordinance governing City Elections in 2005, including
Appointment and Compensation of Election Officials, Voting
Systems, Ballot Boxes, and Central Counting Station.
(Attachment # 13)
14. Motion authorizing the City Manager to execute a Deferment
Agreement with Onac Development, Inc., owner and developer
of The Boardwalk Unit 2 Subdivision in the amount of
$1,114,560.32 for public improvements including street
pavement, curb, gutter and sidewalks, sanitary and storm sewer
lines and water mains to serve The Boardwalk Unit 2 Subdivision,
in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.(b). (Attachment # 14)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
February 15, 2005
Page 5
15. Second Reading Ordinance - Abandoning and vacating a 1,250-
square foot portion of a 1 O-foot wide alley right-of-way out of Lots
27-35, Block 5, Steele's Addition (between South Port Avenue
and Harmon Street); subject to owner's compliance with the
specified conditions. (First Reading 2/8/05) (Attachment # 15)
J. PUBLIC HEARINGS:
16.a. Public hearing to consider abandoning and vaca ing a 53,492-
square foot portion of the Avenue "F" -of-way, north of
East Navigation Boulev, ast Navigation Boulevard to
Breakwater e. (Attachment # 16)
16.b. First Reading Ordinance - Abandoning and vacafng a 53,492-
square foot portion of the Avenue "F" -of-way, north of
East Navigation Boulev , m East Navigation Boulevard to
Breakwater ; subject to owner's compliance with the
spe' conditions. (Attachment # 16)
16.c. Public hearing to consider abandoning and v ing a 16,683-
square foot portion of the Texa reet right-of-way, north
of East Navi a' u evard, between East Navigation
Boulev reakwater Avenue. (Attachment # 16)
16.d. First Reading Ordinance - Abandoning and vaca . a 16,683-
square foot portion of the Texaco R right-of-way, north
of East Navigation B r, between East Navigation
Boulevard an eakwater Avenue; subject to owner's
compli ith the specified conditions. (Attachment # 16)
16.e. Public hearing to consider abandoni ng a portion of
East Navigation Boul acres), from Sigmor Road and
Avenue" " achment # 16)
16.f. First Reading Ordinance - Abandoning an a portion of
East Navigation Boulevar acres), from Sigmor Road and
Avenue "F"; s' 0 owner's compliance with the specified
co .. . (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend at the end of the
agenda summary)
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Regular Council Meeting
February 15, 2005
Page 6
17.a. Public hearing to consider abandoning and vacating a 42,471-
square foot portion of an undeveloped and unsurfaced 30-foot
wide dedicated public right-of-way out of Lots 12 and 13, Section
5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately
580-feet southwest of the dead-end portion of the Junior Beck
Drive street right-of-way). (Attachment # 17)
17.b. Ordinance abandoning and vacating a 42,4 71-square foot portion
of an undeveloped and unsurfaced 30-foot wide dedicated public
right-of-way out of Lots 12 and 13, Section 5, Range VIII,
Gugenheim and Cohn's Farm Lots (approximately 580-feet
southwest of the dead-end portion of the Junior Beck Drive street
right-of-way); subject to owner's compliance with the specified
conditions. (Attachment # 17)
ZONING CASES:
18. Case No. 1204-07. Tim J. Mokrv: A change of zoning from a "R-
1 B" One-family Dwelling District to a "B-4" General Business
District, being 11.023 acres out of Lots 31 and 32, Section 11,
Flour Bluff and Encinal Farm and Garden Tracts, located north
and south of Corsica Road and east of South Staples Street.
(Attachment # 18)
Plannina Commission and Staff's Recommendation: Denial of
the "B-4" General Business District and in lieu thereof, approval
of an "A-1" Apartment House District on Tract - 1 and a "B-1"
Neighborhood Business District on Tract - 2. .
ORDINANCE
Amending the Zoning Ordinance, upon application by Tim J.
Mokry by changing the zoning map in reference to 11.023 acres
out of Flour Bluff and Encinal Farm and Garden Tracts, Section
11, Lots 31 and 32 from "R-1 B" One-family Dwelling District to
Tract 1 - "A-1" Apartment House District and Tract 2 - "B-1"
Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Agenda
Regular Council Meeting
February 15, 2005
Page 7
19. Case No. 0105-01. Mostaohasi Investment: A change of zoning
from an "A-1" Apartment House District to a "R-1 C" One-family
Dwelling District on 11.91 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 11, Lots 6,7,10 and 11,
located north of Jessica Drive and New Bedford Street.
(Attachment # 19)
Plannino Commission and Staffs Recommendation: Approval
of the "R-1C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Mostaghasi
Investment by changing the zoning map in reference to 11.91
acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 11, Lots 6, 7,10, and 11 from "A-1" Apartment House
District to "R-1 C" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan. .
20. Case No. 0105-02. Ali Pilehvari: A change of zoning from a "R-
1 B" One-family Dwelling District and "R-1 B" One-family Dwelling
District with a Special Permit to a "B-1" Neighborhood Business
District on Alameda Park, Block 6, Lots 33 and 34, located west
of Everhart Road and 200 feet south of Avalon Street.
(Attachment # 20)
Plannino Commission and Staffs Recommendation: Approval
of the "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by AliPilehvari
by changing the zoning map in reference to Alameda Park
Subdivision, Block 6, Lots 33 and 34 from "R-1 B" One-family
Dwelling District and "R-1 B"/SP One-family Dwelling District with
a Special Permit to "B-1" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
February 15, 2005
Page 8
21. Case No. 0105-03. Michael L. and Nan M. Huahes: A change of
zoning from a "B-4" General Business District to an "1-3" Heavy
Industrial District in Lindale Park Addition, Block 1, Lot 2A,
located along the northwest corner of Swantner Drive and Ohio
Street. (Attachment # 21)
Plannina Commission and Staffs Recommendation: Denial of .
the "1-3" Heavy Industrial District and in lieu thereof, approval of
a Special Permit for a fourteen foot by fourteen foot pet
crematorium building subject to Texas Commission on
Environmental Quality Permit regulations.
ORDINANCE
Amending the Zoning Ordinance, upon application by Michael L.
and Nan M. Hughes by changing the zoning map in reference to
Lindale Park Subdivision, Block 1, Lot 2A (currently zoned "B-4"
General Business District) by granting a Special Permit for a
fourteen by fourteen foot animal crematorium subject to the
regulations setforth by the Texas Commission on Environmental
Quality; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
22. Case No. 0105-04. Vic Kasan: A change of zoning from a "R-1 BOO
One-family Dwelling District to a "B-4" General Business District.
The property is in Brookhaven Subdivision, Block 8, Lot 1,
located along the southwest corner of Brookhaven Drive and
Brookside Drive. (Attachment # 22)
Plannina Commission and Staffs Recommendation: Approval
of the "B-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Vic Kasan
by changing the zoning map in reference to Brookhaven
Subdivision, Block 8, Lot 1, from "R-1 BOO One-family Dwelling
District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
February 15, 2005
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23. Case No. 0105-05. Altv Enterorises. Inc. : A change of zoning
from a "F-R" Farm-Rural District to a "R-1 B" One-family Dwelling
District being 57.94 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd
Field Road and south of Slough Road (future Lipes Boulevard).
(Attachment # 23)
Plannina Commission and Staffs Recommendation: Approval
of the "R-1 B" One-family Dwelling District..
ORDINANCE
Amending the Zoning Ordinance, upon application by Alty
Enterprises by changing the zoning map in reference to 57.948
acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 25, Lots 2, 3, and 4 from "F-R" Farm Rural District to "R-
1 B" One-family Dwelling District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
VARIANCE REQUEST:
24.a. Public hearing on request for a variance to operate an
establishment with on-premise consumption of alcoholic
beverages. (Attachment # 24)
24.b. Resolution granting a variance, under 4-5(F) of the Code
of Ordinances, to Benigno ez to operate an on-premise
alcoholic bevera e Ishment located at 9840 Leopard Street.
(Attach 4)
REGULAR AGENDA
K.
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
25.a. Second Reading Ordinance - Amending the Co Inances,
City of Corpus Christi, Cha ,regarding Cable
Communications Commi' and Access User Groups;
providing for pen . . (First Reading 01/18/05) (Attachment
#25)
CITY COUNCIL
PRIORiTY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
February 15, 2005
Page 10
25.b. Motion to amend prior to second reading of ordin ending
Code of Ordinances, City of Corpus C ", apter55, regarding
rules and procedures for . ccess cablecasting, to amend
roles of city and operator and technical requirements.
(Attach 5)
25.c. Second Reading Ordinance - Amending the Code nces,
City of Corpus Christi, Chapter , arding Rules and
Procedures for Pu . ss Cablecasting. (First Reading
01/ achment # 25)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information perlaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a lajunta y cree que su ingles es /imitado, habra un interprete
ingfes-espanol en fa reuni6n de la junta para ayudarte.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Govemment Code,
and that the City Council specifically expects to go into executive
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Agenda
Regular Council Meeting
February 15, 2005
Page 11
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
26. Executive session under Texas Government Code Section
551.071 regarding Cause No. 04-06556-A, City of Corpus Christi,
Texas vs. Air Liquide America, L.P., et ai, in the District Court of
Nueces County, Texas, 28th Judicial District: with possible
discussion and action related thereto in open session.
27. Executive session under Texas Government Code Sectio
551.071 regarding In re: Tomas Duran, Debtor, Bankru o.
04-21514-C-7, including all related Adversary Pro ings and
removed state court action pending as Adver 0.04-2143-C,
City of Corpus Christi v. Entrust, Inc., as Duran, and Duran
Insurance Brokerage (formerly se No. 04-3928-G, City of
Corpus Christi, v. Entrust, In ,et ai, In the 319th Judicial District
Court of Nueces Coun exas), and also regarding Cause No.
C-04-500, Tomas an v. City of Corpus Christi, David Garcia,
Donna James e Dumbauld, George Noe, Keith McNeely and
McGriff, . els, and Williams, Inc., In the United States District
Cou r the Southern District of Texas, Corpus Christi Division,
possible discussion and action related thereto in open
session.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concems; current topics raised by media; follow-up on Staff
assignments; scheduling offuture Council meetings and activities; and
other brief discussions regarding city-related matters.
28. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 79 th Texas
Legislature.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Agenda
Regular Council Meeting
February 15, 2005
Page 12
29. CITY MANAGER'S REPORT
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Upcoming Items
30. MAYOR'S UPDATE
31. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:-:;L -. 4-0 f- fro.._
POSTING STATEMENT:
This agenda was posted on the City's offiCial bulletin board at the front entrance
to Ci y Hall, 1201 Leopard Street. at . :9: ()O p.m.,
. 0. , 2005.
~
Armando Chapa.
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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