HomeMy WebLinkAbout07/28/1975
MINUTES
July 28, 1975
The two hundredth and nine~y-fourth regular meeting of +he Wheat
Ridge City Council was called to order by Mayor Homer Roesener at
7 30 p.m. at 4355 Field Street.
Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Calvin
Hulsey, Larry Merkl and Louise Turner. Councilman Robert Howard was
absent.
Also attending were City Administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, City Treasurer James ~alone,
staff and interested citizens.
Motion by Councilman Merkl "I move that the Minutes of the previous
meeting be tabled one week." Motion was seconded by Councilman Donaldson
and passed 4-1. Councilman Cavarra voted "nay."
Citv Treasurer James Malone gave the financial report for the month
of June 1975. He stated 51.9% of the anticipated revenue had been
received and 41.46% had been expended although large expenditures had
not yet been made such as the street program. He stated receipts
are ahead of 1974 but the estimates arehigh.
City Treasurer Malone gave quotes from various banks for investment
of a $100,000 certificate of deposit. Wheat Ridge National Bank had
the best rate of 6 1/8% for 60 days which he recommended.
Resolution No. 405 was introduced by Councilman Donaldson and was read.
Motion by Councilman Donaldson "I move that Resolution No. 405 be
adopted." Motion was seconded by Councilman Hulsey and passed 5-0
The vote was as follows Councilman Donaldson "aye-, Councilman Hulsey
"aye-, Councilman Merkl "aye", Councilman Turner "aye", and
Councilman Cavarra "aye."
Mr. Malone gave the semi-annual repori- for the police pension fund and
stated there is a fund balance of $283,817.59 with no liabilities.
Councilman Turner stated last week in an executive session the papers
had stated that a decision had been made. She stated that statements
of opinion had been made. She stated that in the past when a subject
had been discussed in an executive session which called for ~ouncil
decision it is usually placed on the Agenda the following~X~nd asked
if the matter discussed last week (whether or not to allow the union
election) required a Council decision and if so, that it be placed on
tonight's Agenda.
Mayor Roesener stated this was Council's perogative and stated no
decision had been made as reported in the papers.
Councilman Merkl stated he felt this was strictly an administrative
matter that could be handled by Mr. Jerman and the mayor. Councilman
Donaldson agreed.
Item 1.A. rezoning prop arty owned by Robert E. and Violet M. King at
4440 and 4442 Upham St. from Residential-Two to Residential-Two-A
wa deferred until 8/25/75 at the request of the applicant.
Application by Jim Helbig to vacate a strip of land north of the
Public Service Co. ROW between Kipling and Edependence called W. 50 Avenue
was scheduled for Public Hearing. This is Case No. WV-75-02.
Dennis Zwaqerman, Director of Community Development stated this was
located in the Kipling 5000 property. This is on the north side of
the Public Service ROW ~hich is 100' wide and was accepted in 10/74.
The sereet was dedicated in 1971. Another de1cation 60' wide (35' Public
Service, 25' Kipling 5000) running along the southern side of the Public
Service Co. ROW was made in 1974 which was parallel to the northern dedication
and would serve in lieu of it which is the reason for the vacation request.
MINUTES - 7/28/75 - Continued
-2-
Mr Zwaqerman stated this vacation would put some land back on t~he
tax roles and 2 subdivisions have been tied to the southern dedication
Garrison Place Subdivision and Kipling 5000 Subdivision. He stated
the southern dedication will serve for the water line and in addition
there will be a 10' easement which is required in every subdivision plat.
Councilman Turner asked if Public Service Co. had the ownership of
the ROWand Mr. Zwagerman stated "yes," and stated the southern dedication
includes 30' to 35' of the Public Service Co. ROW
Councilman Turner questioned if both dedications would be needed when
the Kipling corridor is made and at the subdivision hearing why wasn't
the northern dedication mentioned when they were told Lot 5 did not
front on on a ROW. Mr. Zwagerman staed this was an oversight, and
the assumption had always been that the southern dedication would be
used and the northern one would be vacated.
Councilman Turner asked that in the future that Council be "reminded of"
all the facts and intent in future subdivision hearings. Mr. Zwagerman
stated it is his intent to do so.
Councilman Cavarra asked if more recent communication had been made
with the City of Arvada regarding their street plans and was concerned
with the City Engineer's disapproval. Mr. Zwagerman stated this was
because he was not aware of the southern dedication.
Councilman Merkl asked about the provision of telephone easemenrs.
Mr. Zwagerman stated it could be obtained as development takes place
or ~ecommended that 10' easement be obtained now along the north edge
of the ROW.
Clyde Hobbs, Director of Public Works had reviewed the dedications
maDe
but cannot comment on arrangements that have beeT")l\wl th the developEr' and
the City after 1971 until the present. '
Dwiqht Griqqs, attorney 5771 Wadsworth Highway Bypass and applicant
stated there has been more recent contact with the City of Arvada
and had a letter from them acknowledging that the dedication had
been made pursuant to Arvada's requirements, and they acknowledge
Kipling 5000 has fullfilled the terms of an agreement between both
parties and releases them. Part of the agreement was vacating a
60' row and dedicating another 60' ROW which could include a portion
of the Public Service Co. He stated that they have had many problems
that they had decided they needed an alignment along the southern
side. He stated this was an oversight that it had not been mentioned.
Councilman Turner stated that the Council had subdivided an existing
road since it had not been mentioned. (The letter is attached to the Minutes)
Councilman Turner stated at one time it had been discussed that a
corridor with the Public Service Co. ROW in the middle would be needed.
Mr. Griqqs stated there had been discussion at one time, and a bond
issue election had been defeated, and to the best of his knowledge
Arvada has no plans to bring up the subject again. He statml that
wi th the old dedica tion it was hl'd to get traffic transi tion from
Independence, and the southern side would allow better circulation
around the development.
Councilman Hulsey stated he did not feel that the applicant was "trying
to pull something" and all they were asking was to have the road changed
from one side to the other.
No one appeared in opposition.
Ordinance No. 181 vacating the street (W. 50 Ave. from Kipling to
Independence) was introduced by Councilman Merkl and the title was read.
MINUTES - 7/28/75 - Continued
-3-
Motion by Councilman Merkl "I move for the adoption of Ordinance
No. 181 and have it posted and published with the insertion of the
legal description turned into the City Clerk this evening, and I would
further move that the 10 foot telephone company ROW be included at
this time." Motion was seconded by Councilman Hulsey and passed 4-1.
Councilman Turner voted "nay."
MaLian by Councilman Merkl "I move that the 3.2 beer licenses for
Woods Super Market at 10019 W. 29 Avenue, Family Fun Center at 5250
W. 38 Avenue and Wheat Ridge Ranch Marker at 6920 West 38 Avenue
be approved for renewal." Mot.ion was seconded by Councilman Donaldson
and passed 5-0.
Approval of job specification for new classification for Planning
Draftsman as recommended by the Personnel Commission was scheduled
Mr. Jerman stated this is a new class to provide a skill in the
planning department which is not presently allowed. He stated this
is lower r,han the public works dep I;. draftsman posi f,ion. Dora Piccoli
and Williall Thornton stated trey have reviewed t.he position. Mr. Jerman
stated the t.echnician position would remain, but, would not creat.e an
additional posit.ion.
Motion by Councilman Cavarra "I move to combine Item 4.D. with
Item. 2.A." Motion was seconded by Councilman Merkl and passed 5-0.
(Item 4.D. is the ordinance establishing the planning draftsman position
and Item 1.c. is the job specification.) Ordinance No. 182 was introduced
by Councilman Hulsey and the title was read.
Motion by Councilman Merkl "I move for the adoption of Ordinance
No. 182 and have it published and posted." Motion was seconded by
Councilman Donaldson and passed 5-0. The Ordinance No. 182 amends
Ordinance No. 175 and establishes the position of automotive and equipment
serviceman and~anning draftsman and establishes the ~ary ranges.
The vote on the ordinance is recorded as follows Councilman Cavarra "aye",
Councilman Donaldson "aye", Councilman Hulsey "ayeW, Councilman Merkl
"ayeW, and Councilman Turner "aye". Councilman Howard was absent.
Motion by Councilman Merkl "I move in accordance with Resolution 253,
Series of 1973, and Resolution 272, Series of 1974, the City Treasurer
be authorized to pay Asphalt Paving Company the amount of $1,641.04,
payment to be made from Gsneral Fund Account 462.34, and that account
462.34 be reimbursed in the amount of $1,487.85 when funds are received
from the State Trails Grant." Motion was seconded by Councilman Hulsey
and passed 5-0.
Ordinance No. 176 amending the notification procedure for weeds t.o
be cut in Ordinance No. 50 was scheduled for second reading. City Attorney
Fox handed out an ordinance amending Ordinance No. 176 which would
make the property owner responsible for cutting weeds to the cent.erline
of streets and alleys along the public ROW.
Motion by Councilman Turner "I move tha t this ordinance be tabled until
~here can be a distribution of the amendment." Motion was seconded
by Councilman Cavarra and passed 4-1. Councilman Merkl voted "nay."
Ordinance No. 177 allowing the city to erect informational signs for
public facilities was scheduled for second reading. The title was
read.
Motion by Councilman Merkl "I move that Ordinance No. 177 be adopted
on second reading and be ordered published and posted." Motion was
seconded by Councilman Donaldson and passed 3-2. Councilmen Cavarra
and Turner voted "nay."
Ordinance No. 178 authorizing the Personnel Rules and Regulations
and repealing several ordinances dealing with personnel was scheduled
for second reading.
Motion by Councilman Donaldson "I move that a new Section 1 be added
to Ordinance No. 178, Se~ies of 1975, which shall read as follows
MINUTES - 7/28/75 - Continued
-4-
Section 1. Ordinances No. 41, Series of 1970, No. 46, Series of 1970,
No. 56, Series of 1970, No. 54, Series of 1970, No. 88, Series of 1971,
No. 102, Series of 1971, No. 105, Series of 1972, No. 116, Series of
1972, No. 117, Series of 1972, No. 134, Series of 1973, and No. 166,
Series of 1974 are hereby repealed. I further move that the present
sections numbered 1 through 7 be renumbered to reflect their position
in the Ordinance as sections 2 through 8 respectively." Motion was
seconded by Councilman Merkl and passed 5-0.
~otio~ by Councilman Merkl "I move for the adoption of Ordinance No. 178
authorizing the Personnel Rules and RegUlations, as a~ended, and order
it published and posted." Motion was seconded by Councilman Donaldson
and passed 5-0.
Motion by Councilman Merkl "I move for the adoption of the City
of Wheat Ridge Personnel Rules and Regulations including the amended
pages numbered 11 and 57." Motion was seconded by Councilman Donaldson
and passed 5-0. (Page 11. changed the word Personnel Committee to
Personnel Commission, and Page 67. authorized the City Administrator
to recommend salary ranges for exempt classes instead of the wording
"may pay exempt employees a salary etc.")
Councilman Cavarra commended the Personnel Commission for all their
work and study of the new rules.
City Attorney Fox suggested "at the next meeting that we have that
would be 5 days following publication of this ordinance, that Council
also reconsider it and have another voice vote on the Rules and Regulations,
for the simpleVthat the Ordinance becomes effective upon publication."
reason
Ordinance No. 183, submitting to the electorate a proposal that the
position of City Clerk be appointive rather than elective was introduced
by CrnJncilman Merkl and the title was read.
Councilman Turner stated this was asking the voters to give up the righi
of electing people to certain offices, and since this office has
statutory duties it should answer to the people.
Councilman Cavarra stated there are pros and cons on both sides, and
this would allow the voters to express an opinion.
Motion by Councilman Merkl "I move for the adoption of Ordinance
No. 183 and order it published and posted." Motion was seconded by
Councilman Hulsey and passed 4-1. Councilman Turner voted "nay."
Ordinance No. 184 submitting to the electorate a proposal that the
position of City Treasurer be appointive rather than elective was
introduced by Councilman Cavarra and the title was read.
Council Hulsey stated he would vote against this oridnance and that
the job of City Treasurer should stay elective since it handles the
finances, and the position should not be put under the administration
of the city.
Councilman Cavarra stated the positions were relatively similar and
that this should not be an issue of personality and the voters should
be given an equal right to choose on both positions. Councilman Turner
stated again that statutory duties should answar to the people.
Motion by Councilman Cavarra "I move for the adoption of Ordinance No. 184."
~otion was seconded by Councilman Merkl and MOTION WAS DEFEATED 4-1.
Councilmen Donaldson, Hulsey, Merkl and Turner votad "nay", and Council-
man Cavarra voted "aye."
MINUTES - 7/28/75 - Con'inued
-5-
Ordinance No. 185 calling for the question of a 1% sales tax increase
to be placed on the ballot was introduced by Councilman Merkl and
the title was read.
Councilman Cavarra stated she will vote in favor of the ordinance, but
she hoped it would be a major campaign issue for Council, because the
citizens have a right to know what the funds will be used for.
Councilman Turner stated she had had numerous pbRne calls from citizens
stating that the situation had not changed sinc~ ~pril sales tax
question which was defeated, and that the city should budget for
drainage and that the people are taxed to the limit. In answer to
a question she stated the funding could come from the money that
the Administrator had proposed for a new city hall. Councilman Merkl
stated the money was to be used for streets. Councilman Turner stated
it could be used for both.
Motion by Councilman Donaldson "I move for the adoption of ordtEnce
No. 185 (and order it published and posted.)" Motion was seconded
by Councilman Merkl.
Motion to Amend by Councilman Merkl "I move that the blanks in
Section be filled in as follows 'the 1st day of January, 1976'
'the 30th day of November, 1975' and change 'sixty (60) days' to
'thirty (30) days' wherever it appears." Motion was seconded by
Councilman Hulsey and passed 5-0.
Motion to Amend by Councilman Merkl "I move that the blanks in
Section 8. be filled in as follows '1st day of January, 1976.'"
Motion was seconded by Councilman Donaldson and passed 5-0.
Question was called on adopting Motion of the amended Ordinance No 185
and passed 4-1. Councilman Turner voted "nay." The vote is as follows
Councilman Hulsey "aye", Councilman Merkl "aye", Councilman Turner "nay",
Councilman Cavarra "aYff" and Councilman Donaldson "aye." Councilman
Howard was absent.
Authorization of payment of the property tax on the police bUilding
at 10900 West 44 Avenue for the period of non-city ownership pursuant
to the escrow provisions was scheduled.
Mr. Jerman stated the money had been paid over to the city for the period
of time the previous owner had owned the building and the City is
responsible for the bill. Councilman Hulsey asked why the bill had
just been brought up now. Mr. Jerman stated he had just received
the bill" a couple wee~ ago, and the due date is August 1st."
Motion by Councilman Merkl "I move the City of Wheat Ridge City
Treasurer be authorized to pay the escrowed property tax on the police
building in the amount of $1,323.61 to be charged to Account 499.66."
Motion was seconded by Councilman Turner.
Councilman Donaldson asked if there was any penalty due to the lateness
of t~ billing. Mr. Malone stated the City had not received any notice
of any penalh;, but he "guessed there would be." He staiIl:i the City
received the bill in January and did not pay it. He stated "Walt
Grande got it just prior to his leaving, and Mr. Jerman got in on
it because a letter was sent to the County saying that we were not
liable for it because we did not pay property taxes. This was turned
over to Dave Singh, and Dave sent a letter to the County and a reply
ca~e back, and I have copies of this stating the City was liable for
it because this was the City's prorated share which was in March.
There was a memo from John Jerman to Dave Singh indicating this
was a poffibility for an Agenda item for Council approval in March.
The thing has sat around for quite a while, and I brought it up
probably 3 weeks ago to the City Clerk to get it on the Agenda for approval."
He stated taxes are due in full by April 30 to avoid a penalty.
Councilman Hulsey directed Mr. Jerman to bring any more outstanding
bills to Council for action.
MINUTES - 7/28/75 - Continued
-6-
Question was called on the Motion and passed 5-0.
Mr. Jerman stated he had thought there was a revised billing, but
it was apparently the revised billing that he had been thinking of
He stated the City had tried to get the billing waived which
delayed and he stated "I tlink Dave Singh had it for quite some time."
Mr. Jerman reported that the city will receive a rebate of $9,373.00
which is half of the City's cash contribution of LEAA grant. He
stated this had not been anticipated and will be placed in the
General Fund.
Motion by Council Merkl "I move we authorize the Judge to allow
Ruth Howard and Kay Ore, Volunteer Probation Officers to attend the
VIP Conference in San Diego, CA on 10/12-15/75." Motion was seconded
by Councilman Hulsey and passed 5-0. The account to be charged
is 412.16.
Mr. Jerman STATED THAT Centennial Engineers felt that the walkway
on W. 41 Avenue should have hollywood curb and that if this was
not done it would cause additional drainage problems, and would erode
away and that it should be placed the full length of W. 41 Avenue
as they are going to do on High Court.
Mr. Sellars of Centennial Engineers stated when curb and gutter exists
and then is discontinued there results a drainage problem
He stated the ROWan W. 41 Avenue is restricted along the street
and "it. would make a neater looking job if it is hollywood and
gutter all the way, not only in appearance and the stability of
the pavement." He stated there could be a separated 4' section
of sidewalk but there would not be too much distance between the
street and the sidewalk and would be about 2' to ~h' between them.
Councilman Hulsey asked if it would save money in the long run.
Mr. Sellers stated "yes." Councilman Hulsey stated that 2' of gravel
would not be that safe as far being divided. Mr. Sellars stated
east of Harlan is detached and is set back far enough, that there
would be some protection.
Councilman Cavarra asked what the width of the hollywood curb would
be. Mr. Sellars stated the sidewalk would be 4' and it is wider than
the existing sidewalking. He stated the asphalt would come up to
the concrete curb.
Councilman Cavarra stated there is an asphalt path in Lakewood that
she had walked to school on and it is still there and in good shape.
Mr. Sellars stated if they are separated far enough, they will last
a long time. He stated there is 40' and 50' ROWan 41st.
Councilman Cavarra stated this is a different project than was started
out with and asked what the increased cost would be. Mr. Sellars
stated the biggest "shar of the cost involving putting in curb and
sidewalk is the initial labor, and the material ie significant
but not as significant as the labor involved." He stated they
proceeded with this design because they felt it is the best professional
way. Council Cavarra stated there are engineering costs also.
Motion by Councilman Hulsey "I move that we go with the bids for
the hollywood curb along 41st and High Court with the recommendation
of Centennial Engineering." Motion was seconded by Councilman Donaldson.
Councilman Turner stated the were told initially that it was just as
cheap for concrete instead of asphalt due to the labor, and now they
are told labor is the greatest cost. She objected to switching back
and forth from 2' to 4' and its approach on the walkway has been the
most expensive. She stated she has seen concrete walkways that have
not held up for 20 years and that all the variables are possible in
every case depending on how well the job done.
Question was called on the Motion and passed 3-2. Councilmen Cavarra
and Turner voted "nay."
MINUTES - 7/28/75 - Continued
-7-
City Attorney Fox reported that the FBI and CBI can no longer fingerprint
for liquor applicants and that there has been a federal law changing
obtainin criminal background information for managers etc. He
stated on new licenses or new applicants the city should check
on people to determine good moral standing, convicted felons and
citizenship. After discussion, the city attorney is to draw
up wording which the applicant signs stating that any information which
is of substantial type, if proven to be false, it could be grounds
for a hearing for revoking the license. It was recommended by Mr.
Fox that fingerprints continued to be taken at the police dept.
Ben Chastain suggested contacting retail credit companies.
Councilman Cavarra statD she had been asked to serve on the legislative
committee for the state liquor code revisions and asked for recommendations.
Request of the City Attorney to attend the National League of Cities
Conference in Miami Beach, FL was scheduled. Mr. Fox stated this
was not provided for in his agreement, and that he felt there was
a great deal of information available.
Motion by Councilman Merkl "I move that
the National League of Cities Conference in
to 12/3/75 to be ch:l'ged to Account 416.16."
Councilman Donaldson.
Mr. Fox be allowed to go to
Miami Beach, FL on 11/30, 1975
Motion was seconded b
Motion to Amend by Councilman Turner "I move that we send Mr. Fox
to this Conference or only one councilmember." THERE WAS NO SECOND
AND MOTION DIED.
Question was called and passed 4-1. Councilman Turner voted "nay."
Motion by Councilman Merkl "I move that Mr. Jerman be designated to
draw up an ordinance to give property tax relief to the elderly." Motion
was seconded by Councilman Turner and passed 5-0.
Councilman Turner stated she had asked for this same type of ordincnce
1 year ago at budget time and had been told it could be in the 1976
budget. She stated she had supplied material of ordinances from
other cities which give a rebate to Mr. Jerman, and that according
to her information the budget impact is small - $7,000 to $8,000/year.
Councilman Cavarra stated she agrees with the concept but needed to
know the budget impact and the mechanics. Councilman Hulsey stated
the county should do this and the school district also.
Councilman Merkl stated that there are 2 problems which concern youth
in the City. They are drugs and veneral disease, and the City should
be helping these prOblems, through an informational type of program.
Councilman Hulsev stated he had been getting calls on trash hauling
in the City which have recently raised their rates and brought the
questions of whether the city could look into the trash hauling
business or have a franchise tax to give a rebate back to the people
and asked Mr. Jerman to look into this. Mr. Jerman observed
these is damage to the streets by the trucks also. Councilman Turner
mentioned the possibility of contracting.
Ben Chastain stated his street has several companies servicing
the houses which adds to the street use, and he resents the rate increase.
Councilman Donaldson suggested limiting certain companies to different
districts. Councilman Turner questioned why the Municipal League
had not apprised the cities of the upcoming increase.
Motion by Councilman Cavarra, "I move that no one who will not be serving
in his or her present official capacity during 1976 be allowed j~o
attend the NLC Convention in December 1975 in Miami-" Motion was
seconded by Councilman Turner. Councilman Cavarra stated this is
a valuable conference, and it gives a bad image for people
who will not be in office who can use it to attend, and then appears
to be a vacation at taxpayers expense.
MINUTES - 7/28/75 - Continued
-8-
Question was called on the Motion and MOTION WAS DEFEATED 3-2.
Councilmen Merkl, Donaldson and Hulsey voted "nay."
It was acknowledged that Frank Henderson was resigning as an
Alternate on the Board of Adjustment. Mayor Roesener stated it
would be Mr. Merkl's perogative to make another appointment since
he had appointed Mr. Henderson.
A letter from Applewoad Property Owners Association requesting
a signal at W. 32 Avenue and Youngfield had been distributed.
Councilman Cavarra noted that when the new shopping center would
be built it would probably increase the need more. Councilman
Hulsey stated that all shopping centers should be loakedgtand the
one she mentioned wasn't built yet.
Councilman Merkl suggested sending the request to the Public Works
Committee.
Meeting was adjourned at 10 15 p.m.
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MINUTES - 7128/75 - Continued _ page 9.
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