City Council Minutes 1994 05-12-94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT
CITY HALL, ON MAY 12 , 1994
Mayor Kittoe called the meeting to order at 7: 00 p.m. and led the
Council in the Pledge of Allegiance.
Clerk Allison called the roll: ROLL CALL
Ward 1 - Baird Present
Callmer Present
Ward 2 - Baker Present
Clark Present
Ward 3 - Jones Present
Prochaska Present
Ward 4 - Johnson Present
Stafford Present
A quorum was established. QUORUM
INTRODUCTION OF GUESTS
Mayor Kittoe asked those persons present to introduce themselves.
(A listing is attached to the minutes. )
Mayor Kittoe stated that the Meeting will move to the Minutes and
Bill approval. When the City Attorney arrives, the Meeting will
move back to the Public Hearings and Plan Commission data.
MINUTES APPROVAL
Alderman Prochaska made a motion to approve the regular meeting
minutes of April 21, 1994 as submitted. Seconded by Alderman
Johnson. Motion carried.
Alderman Baird made a motion to approve the Special Council Meeting
minutes of April 27, 1994 as submitted. Seconded by Alderman
Stafford. Motion carried.
BILLS APPROVAL
Alderman Baird made a motion to approve and pay bills dated May 12,
1994 in the corrected amount of $238,882 . 58. Seconded by Alderman
Prochaska. It was noted that entry #13913 has been deleted due to
the billing being incorrect.
Alderman Callmer stated that he would like to remind all department
heads to utilize local merchants whenever possible for all
purchases. The council members concurred with this also.
Alderman Baird stated that he would like to remind everyone that
items such as the payment to Lannert Group on page five for zoning
does get billed back to the developers.
Clerk Allison called the role:
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Clark - aye Baker - aye
Motion carried.
CITIZEN COMMENTS
NONE
PUBLIC HEARING
A motion was made by Alderman Johnson and seconded by Alderman
Jones to move into Public Hearing on PC 94-9 and ZBA 94-2 . Clerk
Allison called the role:
City Council Meeting Minutes - May 12, 1994 - page 2
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones aye Prochaska - aye
Stafford - aye Johnson - aye
Motion carried.
PC 94-9 / OSNB Trust #5358 / Wehrli
Alderman Jones stated that this is a Public Hearing for the
proposed annexation and zoning from Kendall Co. Ag-1 to City R-3 /
R-2 PUD. Property is located south of Williamsport Subdivision on
Fox Road south of White Oaks Estates. It is located on the west
end of Elizabeth and contains approximately 74. 2 acres. The
petitioner is Old Second National Bank of Aurora as Trustee under
Trust #5358.
Lawrence Langland spoke concerning the proposed annexation. Mr.
Langland owns property which butts up to this property. He stated
that he did not participate in the discussion or vote regarding
this issue at the City Plan Commission meeting. He also stated
that he does not object to the development of this property.
Mr. Langland stated that there are three items which he feels the
City should review regarding this proposed development:
a) The city is urged to analyze the water problem which
already exists in this area where the back yards already
have standing water in them during rainfall.
b) The proposed development does not adequately reflect the
road access.
c) does not understand the urgency of this development since
the crops have been planted on this ground already.
Mr. Langland stated that he feels the city should begin the process
for this development and take their time to review the problems
which have already been brought up.
Mrs. Jeannette Clemens described the location of her property in
relation to the proposed development. Mrs. Clemens stated that she
also does not object to the development of the property. Her
concerns are the water problem as Mr. Langland described and also
the need for an easement into her property for future use.
Mr. Glen Crabb of Fox Lawn Subdivision stated the he also has
concern for the water run-off from this subdivision and also a
concern for the future traffic flow if any of this traffic were to
flow through Fox Lawn Subd.
Mr. Bob Trunthow of Fox Lawn stated that the water retention
"ditch" currently runs through his front yard and is now at
capacity. He stated that during some rains the ditch has
overflowed to the point of running across his drive-way. He also
has concerns for the water drainage.
Mr. Jerry Mahr of Fox Lawn Subdivision stated that he agrees with
the comments made by other persons regarding the water problems and
the traffic concerns.
There being no further public comment, the Public Hearing
continued.
ZBA 94-2 / Lindblom
Alderman Jones stated that this public hearing was being held to
hear comment regarding the request for a variance for rear-yard
setback to be reduced from 40 ft. to 30 ft. The address of the
property is 408 West Fox Road, Yorkville. Owners of the property
are Thomas G. and Sandra L. Lindblom.
City Council Meeting Minutes - May 12 , 1994 - page 3
Mayor Kittoe asked for any comments from the Public concerning this
request for variance. There was no public comments made.
A motion was made by Alderman Callmer and seconded by Alderman
Jones to move out of Public Hearing to regular Council session.
Clerk Allison called the role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Motion carried.
PLAN COMMISSION / ZONING BOARD OF APPEALS
PC 94-11 / KENDALL COUNTY (STUCK)
A motion was made by Alderman Jones and seconded by Alderman
Prochaska to approve the request of Robin / Gayla Stuck for Kendall
County zoning change subject to the three recommendations of the
Yorkville Plan Commission. Clerk Allison called the role:
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried.
ZBA (AMENT) / ORDINANCE 94-19
Attorney Kramer informed the council that the litigation concerning
this issue has been settled and the neighbors have agreed to a lot
line. The chimney is now over the setback requirements by 4" . The
Public Hearing was held concerning this issue.
A motion was made by Alderman Jones and seconded by Alderman Baker
to approve the ordinance granting the Ament variance with a six
inch building set back line. Clerk Allison called the role:
Callmer - aye Baird - nay
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Motion carried 7-1.
ZBA 94-2 (LINDBLOM) / ORDINANCE 94-20
A motion was made by Alderman Jones and seconded by Alderman
Johnson to approve the Ordinance providing for a Variance for the
rear yard setback of the property located at 408 W. Fox road,
Yorkville, IL. Owners of the property are Thomas and Sandra
Lindblom.
Alderman Jones stated that he wanted it noted that Harold Feltz is
one of the adjacent landowners of this property and that he had no
objections to this request. Clerk Allison called the role:
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Motion carried.
City Council Meeting Minutes - May 12, 1994 - page 4
A motion was made by Alderman Jones and seconded by Alderman Baird
to approve PC 94-9 for the annexation and zoning from Kendall Co.
Ag-1 to City R-3 / R-2 PUD. Property is located south of
Williamsport Subdivision on Fox Road south of White Oaks Estates.
It is located on the west end of Elizabeth and contains
approximately 74.2 acres. The petitioner is Old Second National
Bank of Aurora as Trustee under Trust #5358.
Mayor Kittoe reminded the council members that this is only to vote
on the annexation and zoning matters. He stated that the PUD and
preliminary plat will be reviewed at a future date.
At this time, John Bagen of Morris Engineering commented on the
proposed development. Mr. Bagen represents the developer.
Mr. Bagen stated that the preliminary plat has been submitted to
the city council and plan commission and that the developer has
responded to the issues brought up. He stated that the preliminary
plat shows 148 single family homes and 17 duplexes. He also stated
that they have met with the Rec Board regarding the terms of the
ordinance and the park land donation, etc. They will continue to
discuss this with the Rec Board.
Mr. Bagen stated that he would like to respond to the concerns of
those who spoke during the Public Hearing.
a) in regard to the water concern of Mr. Langland. The
developer is responsible for maintaining the water flow and to
be sure that no additional water flows out of the development.
The water will be diverted into a retention pond. The
developer will be placing a cement pipe into the development
to help alleviate the current problems.
b) in regard to Mrs. Clemens concern for an future road -- an
easement is in place through Lot 68 (as shown on the updated
preliminary plat) .
c) The final plat will show all of the engineers data
including all of the infrastructure.
Mr. Bagen stated that the ordinance has asked for a 55 ' right of
way, the developer has a 60 ' right of way in place.
Mr. Bagen responded to the concerns of those living in Fox Lawn
Subdivision stating that due to the size of the pipe and the way
the developer is planning on "moving" the water into the retention
pond, this should help alleviate the water now going into the
"ditch" in Fox Lawn. The water in the retention pond will release
out water at a prescribed rate. This has been discussed with IDOT
and Fran Klaas of the County.
A question was raised concerning the road into the Williamsport
Subdivision which is already platted. The road in this new
development does not seem to Line up with what was already platted.
Attorney Kramer stated that the road in Williamsport is in a ravine
and when the developer were to finalize their subdivision they will
be asked to move the road as it cannot be located in the ravine.
Mayor Kittoe again reminded the council that this is a vote for
annexation and zoning and not a vote on the PUD agreement.
Alderman Prochaska raised a question concerning the PUD and the
smaller lot sizes being proposed and the city keeping a control on
the water drainage issue.
Alderman Clark stated that the point is to not make agreements that
are not within the City's guidelines and that in the future they
should not agree to anything less than the 12 , 000 square foot lots.
City Council Meeting Minutes - May 12, 1994 - page 5
Alderman Baird withdrew his second on the motion.
Alderman Jones withdrew his motion.
PC 94-9 / OSNB TRUST 5358 (WEHRLI)
ORDINANCE 94-29
A motion was made by Alderman Jones and seconded by Alderman Baker
to annex the land as described in the petition.
Clerk Allison called the role:
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Motion carried.
ORDINANCE 94-28
A motion was made by Alderman Jones and seconded by Alderman Baker
approve the zoning request from Kendall County Ag to City R-2 -
Planned Unit Development (PUD) of the Old Second National Bank of
Aurora as Trustee under Trust 5358. Clerk Allison called the role:
Jones - aye Prochaska - nay
Stafford - nay Johnson - aye
Baird - aye Callmer - aye
Clark - nay Baker - aye
Motion carried 5-3 .
A motion was made by Alderman Jones and seconded by Alderman Baker
to refer this issue back to the Plan Commission for the Planned
Unit Development (PUD) . Clerk Allison called the role:
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones - aye Prochaska - nay
Stafford - nay Johnson - aye
Motion carried 6-2 .
AMENDMENTS TO THE AGENDA
The following amendments were made to the Agenda.
Public Works: Sidewalk Replacement - Bob Van Paris
S/W Interceptor Drawings - Baxtor/Woodman
ADHOC Recycling: TCD Report
Public Safety: Change of meeting date
ATTORNEY'S REPORT
Attorney Kramer stated that as previously discussed the City is
wishing to contract with a firm to complete inspections. The
agreement has been reviewed and the base rates seem reasonable. A
$50 administrative fee is built into various fees for the City.
A motion was made by Alderman Clark to sign an agreement with the
Municipal Inspection and Code Consultants of Illinois Inc. for a 30
day trial period. Motion was seconded by Alderman Stafford.
It was noted that a tentative start date will be June 1, 1994.
City Council Meeting Minutes - May 12, 1994 - page 6
Clerk Allison called the role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - nay Baird - aye
Motion carried 7-1.
ORDINANCE 94-21 / BUILDING PERMIT FEES
A motion was made by Alderman Prochaska and seconded by Alderman
Clark to approve the ordinance adopting building permit fees and
revoking all prior building permit fees. Clerk Allison called the
role:
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried.
Attorney Kramer stated that the revised legal description have been
received and the Cimaglia, Holdiman, Meier, and Amurol annexations
have been recorded.
Attorney Kramer stated that the signed agreements have been
received and final documentation would now be in order on the
Dennis / Barbara Dwyer annexation as well as the Countryside Center
annexation.
ORDINANCE 94-22 (DWYER)
A motion was made by Alderman Jones and seconded by Alderman Baker
to authorize the Mayor and City Clerk to execute the annexation
agreement for the Dennis and Barbara Dwyer. Clerk Allison called
the role:
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Motion carried.
ORDINANCE 94-23 (DWYER)
A motion was made by Alderman Jones and seconded by Alderman Baker
to approve the ordinance annexing properties to the City of
Yorkville on PC 93-21 -- Dennis / Barbara Dwyer. Clerk Allison
called the role:
Jones - aye Prochaska - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Motion carried.
ORDINANCE 94-24 (COUNTRYSIDE CENTER INC. )
A motion was made by Alderman Jones and seconded by Alderman Baker
to authorize the Mayor and City Clerk to execute the annexation
agreement for PC 94-4, Chicago Title and Trust Company as Trustee
under Trust #62764 and Countryside Center Inc. Clerk Allison
called the role:
City Council Meeting Minutes - May 12, 1994 - page 7
Callmer - aye Baker - aye
Prochaska - aye Stafford - aye
Baird - aye Clark - aye
Jones - aye Johnson - aye
Motion carried.
ORDINANCE 94-25 (COUNTRYSIDE CENTER INC. )
A motion was made by Alderman Jones and seconded by Alderman Baker
to annex properties as contained in PC 94-4 to the City of
Yorkville. Clerk Allison called the role:
Prochaska - aye Johnson - aye
Callmer - aye Baird - aye
Stafford - aye Jones - aye
Clark - aye Baker - aye
Motion carried.
ORDINANCE 94-26 (CONOVER)
A motion was made by Alderman Jones and seconded by Alderman
Prochaska to authorize the Mayor and City Clerk to execute and sign
an annexation agreement for PC 93-7. Clerk Allison called the
role:
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Clark - aye Baker - aye
Motion carried.
ORDINANCE 94-27 (CONOVER)
A motion was made by Alderman Jones and seconded by Alderman Baker
to annex properties for PC 93-7, Merchants National Bank as Trustee
under Trust #2175. Clerk Allison called the role:
Clark - aye Jones - aye
Stafford - aye Prochaska - aye
Johnson - aye Baird - aye
Callmer - aye Baker - aye
Motion carried.
MAYORS REPORT
Mayor Kittoe announced the following appointments to various City
Committees, Boards, etc:
City Attorney Daniel J. Kramer
Acting City Administrator / Police Chief Anton Graff
(Until we hire a full-time administrator)
Recreation Director Anne Scholl
Assistant Recreation Director Becky Johnson
Building and Zoning John Schneider
(** It was noted that John Schneider would remain during a
transition period with company just hired by the council. )
Superintendent of Public Works J.T. Johnson
Water Operator in Charge Joe Moore
City Council Meeting Minutes - May 12, 1994 - page 8
Tourism Representative Ross Ament
Zoning Board of Appeals Don Altman
Library Board: Carol LaChance
Tina Archer
Thomas Vamont
Kay Livingston
Park Board: Tim Zaspal
A motion was made by Alderman Baird and seconded by Alderman Jones
to accept the appointments of the Mayor. Clerk Allison called the
role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Motion carried.
Mayor Kittoe stated that he would like all Council Committees to
remain as they are currently. Any comments or questions concerning
this issue will be discussed at the Committee of a Whole meeting
next week. Also to be discussed at that time will be a
representative to the EMS / Fire Department.
Mayor Kittoe read to the council a letter of resignation received
from Buck Kolkmeyer resigning from the Plan Commission.
Someone from the Park Board will be looked at to be assigned to the
Plan Commission so they are represented.
If anyone is interested in the City Treasurer position they should
contact Mayor Kittoe.
A letter of recognition for Mr. Joe Moore and a job well done was
received from Shirley Ann Briggs of Yorkville. This letter was
read to the council.
Acting Administrator Graff was asked to request Deputy Treasurer
Kim King to attend at least one council meeting each month.
CITY CLERK REPORT - NO REPORT
CITY TREASURER REPORT - NO REPORT
CITY ADMINISTRATOR REPORT - NO REPORT
KENDALL COUNTY ECONOMIC DEVELOPMENT - NO REPORT
KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT - NO REPORT
SCHOOL COMMUNITY REPORT
The next School Board meeting will be on Monday, May 23, 1994 at
7:30 p.m.
OLD BUSINESS - none
City Council Meeting Minutes - May 12, 1994 - page 9
NEW BUSINESS
Alderman Clark and Alderman Jones reported on a recent Aurora Area
Tourism meeting they attended. Alderman Jones participated in the
wrestling tournament.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to agree to pay 1/2 of the blacktop bill at $100 as
requested by Ray Wheaton.
Alderman Prochaska stated that a written policy should be developed
regarding the City's process in handling these types of "self"
work. Citizens should also be notified to contact the city prior
to completing this type of work.
Clerk Allison called the role:
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried.
Request for the city to reimburse 1/2 of sidewalk bill. Two bids
were received for 280 sq. ft. of sidewalk. A motion was made by
Alderman Clark and seconded by Alderman Prochaska to reimburse Bob
Van Paris $385 for sidewalk replacement. Clerk Allison called the
role:
Callmer - aye Baker - aye
Prochaska - aye Johnson - aye
Baird - aye Clark - aye
Jones - aye Stafford - aye
Motion carried.
A motion was made by Alderman Clark and seconded by Alderman Baker
to pay Baxter and Woodman a fee not to exceed $3 ,950 on the
Southwest Interceptor project.
Alderman Prochaska asked if this was part of the original budget on
the project. It was noted that this does fall within the original
budget numbers.
Clerk Allison called the role:
Jones - aye Stafford - aye
Baird - aye Clark - aye
Prochaska - aye Johnson - aye
Callmer - aye Baker - aye
Motion carried.
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to accept the abandonment of 60 ' right-of-way in
Woodworth Estates. Clerk Allison called the role:
Stafford - aye Baird - aye
Clark - aye Jones - aye
Johnson - aye Callmer - aye
Baker - aye Prochaska - aye
Motion carried.
City Council Meeting Minutes - May 12, 1994 - page 10
A motion was made by Alderman Clark and seconded by Alderman Baker
to adopt the resolution for the MFT Maintenance Contract of streets
and highways for 1994. Clerk Allison called the role:
Baker - aye Prochaska - aye
Johnson - aye Callmer - aye
Clark - aye Jones - aye
Stafford - aye Baird - aye
Motion carried.
Alderman Clark stated that the resolution adopting the Commonwealth
Edison Recreational Lease Supplement has been reviewed by Attorney
Kramer and seems to be in order. Chief Graff stated that the lease
agreement is dated May 1, 1990 to April 30, 2000 at a cost of $1.
A motion was made by Alderman Clark and seconded by Alderman Baker
to approve the resolution of the Wildwood Estates at a $1 lease
fee. Clerk Allison called the Role:
Stafford - aye Baird - aye
Clark - aye Prochaska - aye
Johnson - aye Callmer - aye
Baker - aye Jones - aye
Motion carried.
A motion was made by Alderman Clark and seconded by Alderman
Johnson to adopt the job description for the City Administrator /
Budget Officer position. Clerk Allison called the role:
Baker - aye Prochaska - aye
Johnson - aye Callmer - aye
Baird - aye Clark - aye
Jones - aye Stafford - aye
Motion carried.
A motion was made by Alderman Clark and seconded by Alderman
Johnson to increase the inspection fees for John Schneider to $20
retroactive to May 1, 1994. Clerk Allison called the role:
Stafford - aye Baird - aye
Baker - aye Prochaska - aye
Johnson - aye Callmer - aye
Clark - aye Jones - aye
Motion carried.
A motion was made by Alderman Clark to accept the March 1994,
Beecher Building Report, the March 1994, Building Department Report
and the March 1994, Water Department Report as presented. Motion
carried.
ECONOMIC DEVELOPMENT COMMITTEE
Attorney Kramer explained the need for the Non-Conforming Lot size
Variance Ordinance. This is needed due to so many lots within the
city which do not conform to the current lot size requirements. If
a home was to be destroyed on one of these lots they would not
actually be allowed to build on the lot. Attorney Kramer will
draft the required ordinance and it will be discussed at the next
Committee of a Whole meeting.
City Council Meeting Minutes - May 12, 1994 - page 11
Mayor Kittoe stated that the next item on the agenda is the Kendall
County Economic Development Municipal Annual Dues of $6,000.
Mayor Kittoe stated that the City has benefitted from this program
through various loans that have been granted to new businesses in
Yorkville. A motion was made by Alderman Jones and seconded by
Alderman Baker to approve the payment of the annual dues to the
Kendall County Economic Development. Clerk Allison called the
role:
Baird - aye Clark - aye
Jones - aye Stafford - aye
Callmer - aye Baker - aye
Prochaska - aye Johnson - aye
Motion carried.
The consensus of the Council was that this $6, 000 is a very good
investment for the City of Yorkville and that a good partnership
has been made with the county.
PUBLIC SAFETY COMMITTEE
Alderman Johnson stated that in April the negotiations were opened
to negotiate the wages for the Yorkville Professional Police
Association. An agreement was reached on the wage re-opener at a
4% increase to all officers. A motion was made by Alderman Johnson
and seconded by Alderman Clark to authorize the Mayor to sign the
agreement with the Yorkville Professional Police Association in
regards to salary for the 1994 - 1995 fiscal year. Clerk Allison
called the role:
Prochaska - aye Johnson - aye
Callmer - aye Baker - aye
Jones - aye Stafford - aye
Baird - aye Clark - aye
Motion carried.
The next meeting of the Public Safety Committee will be held on
Wednesday May 18, 1994 at 5: 30 p.m.
ADMINISTRATION COMMITTEE
A meeting was held between the City and the School Board to discuss
a "swap" of property. This will be discussed at the next Committee
of a Whole meeting. Mr. J.T. Johnson was asked to bring in some
information regarding the sewer and water locations on that
property.
ADHOC / RECYCLING COMMITTEE
The City of Yorkville recycling program has been a huge success
showing a 92% overall usage level. TCD will be notified that the
city will continue to pay the current rates until documentation of
any changes is received.
ADDITIONAL BUSINESS
The next Public Works Committee meeting will be held on Monday, May
16, 1994 at 6: 00 p.m. at City Hall.
ADJOURNMENT
Motion was made by Alderman Baird and seconded by Alderman Jones to
adjourn the meeting at 9:26 p.m. . Motion carried.
By: �-�
/Jacgn Allison
City/ Clerk
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