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HomeMy WebLinkAbout1986-01-07 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, JANUARY 7, 1986 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: David Clayton Councilmembers: Bob Self G. A. Swindle Larry Hammett James L. McSwain Wm. G. Brede Ray Reynolds Larry Tatum and with the following members absent: Allen Horne. Others attending were City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Assistant City Attorney Randy Chandler, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Director of Finance Charlene Young, Building Inspector Gary Nabors, Planning & Inspections Coordinator Betty Chew, members of the press, and others. ITEM I: CONSIDER FOR APPROVAL MINUTES OF THE NOVEMBER 22ND, DECEMBER 3RD, AND DECEMBER 10TH, 1985 CITY COUNCIL MEETING. Councilman Self requested Item 5 of the minutes of the November 22nd meeting be reviewed for a discrepancy in the wording of the motion of that item. Councilman Self moved approval of the minutes as written for the December 3rd and December 22nd, 1985 City Council meetings and hold the November 22nd minutes until they can be checked further. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: PUBLIC HEAR IDER AN CITY ZONI Mayor Clayton opened the floor for a public hearing to con- sider an amendment to the City Zoning Ordinance, Section XI(1), "Private Club District" removing the words "the grouping of ". THOSE IN FAVOR: None THOSE OPPOSED: None There being no one present wishing to address the Council on this issue, Mayor Clayton closed the public hearing. Councilman McSwain private clubs. He private clubs. questioned the wording of "provide for" said he did not want to "provide for" After discussion, Councilman McSwain moved that Section XI, Paragraph I, of the Stephenville Zoning Ordinance be amended to read as follows: "I. DESCRIPTION: The B -4 District is intended to apply to private clubs providing on- the - premises consumption of alcoholic beverages." Councilman Reynolds seconded the motion. The motion carried by the following vote: 236 AYES: All members present voted aye. NOES: None CONSIDER RECOMMENDATION OF THE PLANNING & ZONING TO AMEND THE CITY ZONTNG ORDTNANCF. RF.AARnTNr Mnn Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission addressed the Council stating the Commission had discussed the zoning for mobile homes, place and replace- ment of HUD -Code and pre- HUD -Code mobile homes and manufac- tured homes. Mrs. Martin stated the Planning & Zoning Commission recom- mended the City Zoning Ordinance be amended to permit mobile homes and manufactured homes, used as residences, only in mobile home parks or mobile home subdivisions. Manufactured homes - structures, not used as residences, be permitted in "Industrial Districts" with a special use permit. Mrs. Martin said they were recommending mobile homes and manufactured homes not be used as residences in residential areas. The Council discussed with Mrs. Martin the placement and replacement of mobile homes and manufactured homes should a home burn or otherwise be destroyed and the time limit (if any) to be given. After more discussion, Mayor Clayton said that under the circumstances he was going to put this in the Planning & Development Committee to meet with the P & Z Commission for further discussion and report back at next meeting. Mayor Clayton set Tuesday, February 4, 1986 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap St., Stephenville, Texas, as the date, time, and place for a public hearing to consider amending the City Zoning Ordinance regarding mobile homes and manufactured homes. IV: CONSIDER FINAL PLAT OF OAK TREE SUBDIVISION PHASE II, BEING 3.94 ACRES OF THE JARRETT MFNF.FF.F GLTRVR V _ AnCTRAr P -)n Director of Public Works Danny Johnson addressed the Council stating P. O. Development is proposing to develop 3.94 acres of the Oak Tree Subdivision. The preliminary plat has been approved. This is Phase II which lies next to the Oak Tree Apartment Complex. The are proposing to construct a car wash and grocery store on Lot 1 which is B -2 property. They are proposing to construct mini - warehouse units on Lot 2. On Lot 3 they are proposing to construct some apartments which will be an addition to the Oak Tree Apartment Complex. Mr. Johnson advised that Lots 1, 2, 3, Block 7, of the sub- division are serviceable from existing water and sewer mains. An additional fire hydrant will be required to be installed along FM Highway 8 to serve the area with ade- quare fire protection. Mr. Johnson said Lot 3, Block 7, of the subdivision does not have street or highway frontage as required by the Subdivision Ordinance. The developer proposes to use this lot for additional apartment units for the existing Oak Tree Apartment Complex. The lot will be served by the private drive that serves the existing Oak Tree Apartments from FM Highway 8. The Planning & Zoning Commission was agreeable to this. Mr. Johnson pointed out that the existing 16 foot utility easement that parallels Block 7 needs to also be designated as a drainage and utility easement. A 16 foot drainage easement will be required to parallel the drainage channel 237 on the northern end of Lot 3, Block 7, for maintenance pur- poses. Mr. Johnson also advised that the Federal Insurance Administration indicates on the official Flood Hazard Boundary Map of the City of Stephenville that the drainage channel running through the proposed subdivision is located in a special flood hazard area. The Flood Hazard Prevention Ordinance requires subdivisions lying in a special flood hazard area to show the base flood elevation for the area on the plat and the minimum slab elevation for any proposed buildings. To develop property within a special flood hazard area there are certain guide- lines to be followed. At the time the final plat went to the P & Z Commission, James Young, project engineer, had not supplied enough data to them to determine if the chan- nel size was adequate to handle the drainage. Mr. Young brought the data in yesterday but there was not sufficient time to study it and get back with Mr. Young on some of it. Mr. Johnson said he did not have enough information at this time to determine if the channel width will be adequate and the ordinance requires the base flood elevation and the slab elevation for the lots adjacent or in the flood hazard area be shown on the plat which it is not, therefore, he does not have enough information to recommend approval on that point. Councilman Swindle moved approval of the final plat of the Oak Tree Subdivision Phase II upon the condition that the following changes and staff requirements are met: 1. Additional fire hydrants to be installed along F. M. Highway 8 to meet State Board of Insurance requirements. 2. The 16 foot utility easement that parallels Block 7 to be designated as a drainage maintenance easement. 3. A 16 foot drainage maintenance easement to be designated at the northern end of Lot 3, Block 7, to parallel the 60 foot drainage channel. 4. The final plat be brought up to date on slab elevation. Councilman Tatum seconded the motion. Councilman Reynolds expressed concern regarding the potential for traffic problems on F.M. Highway 8 with the increased development of property in this area. Mr. Johnson advised that Mr. Mark Endree with the State Department of Highways and Public Transportation in Stephenville had suggested the P & Z Commission and the City Council might write Mr. J. R. Stone of Fort Worth a letter expressing the city's concern about this highway as there is nothing in the Highway Department's plans of widening it. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Clayton asked the Traffic Study Committee to contact Mr. J. R. Stone regarding the problem of traffic in that area and report back at the next council meeting if possible. CONSIDER REPLAT OF LOTS 5A AND 5B, BLOCK STEPHENVILLE, TEXAS. Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council stating the P & Z Commission did not have any problems with the above referenced replat and recommended approval of the replat of Lots 5A and 5B, Block 93, City Addition. 9M ITEM VII Councilman McSwain moved acceptance of the Planning & Zoning Commission's recommendation and accept the replat of Lots 5A and 5B, Block 93, City Addition. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None CONSIDER AND BARBARA MORRISON Mayor Clayton advised the Council that Roy Hayes, adjacent property owner to the 8 foot alley in Block 37, Frey First Addition, had signed a waiver to his rights to purchase a portion of this alley. The value of the property was found to be below $1,000.00 as per the appraisal of Dee White. Councilman Swindle moved to sell the 8 foot alley in Block 37, Frey First Addition, to Carol and Barbara Morrison for $150.00 as per Dee White's appraisal. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Clayton read the following heading of AN ORDINANCE DECLARING ALLEY RUNNING THROUGH BLOCK 37 OF FREY FIRST ADDITION TO THE CITY OF STEPHENVILLE CONTAINING .03 ACRE OF LAND TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO CAROL MORRISON AND WIFE, BARBARA MORRISON, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. Councilman Swindle moved passage of the above ordinance as read and declare the value of land to be $150.00. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All member, present voted aye. NOES: None MELTON TO FAIN DW ION Mayor Clayton said Mr. Melton recently discovered a carport on a piece of property in which he has an interest was built in an alley dedication. He is requesting the Council's consideration in selling a portion of the alley to him. Director of Public Works Danny Johnson advised the Council there are water and sewer lines in the alley and possibly a gas line. Mr. Johnson said he was not sure where exactly the lines were located in the alley. Mayor Clayton assigned this item to the Planning & Development Committee for study and report at next meeting. II: CONSIDER REQUEST BY MR. I TO PURCHASE Director of Public Works Danny Johnson addressed the Council stating he had been talking with Mr. Decker regarding the city's need for an easement across his pro- perty for a sewer line to service the Spring Branch Addition. Mr. Johnson said he and Mr. Decker have reached an agreement on the sewer line prior to this. There are 239 Y water, sewer, and gas lines located in Morningside Drive. The city would need to retain a service alley through this property. Mr. Decker would like to trade the sewer ease- ment for the four feet of Morningside Drive. The street dedication is not paved nor being traveled. After more discussion, Mayor Clayton referred item to the Planning & Development Committee to meet with Mr. Decker and Danny Johnson to make recommendations as soon as possible. HEAR REPORT FROM WILLIS ENGINEERING REGARDING BIDS RECEIV FOR SOUTH 377 BOOSTER STATION AND SOUTH LOOP WATER TRANSMISSION LINE. Mr. Tony Plumlee with Willis Engineering, consulting engi- neers, addressed the Council stating: a. South Loop Water Transmission Line: There were 16 bids received and the bids were under their engineering estimate of $550,000. Mr. Plumlee recommended the Council award the bid to Rhode Pipe Co. of Hillsboro, Texas, for $519,646.20. Councilman Reynolds moved acceptance of the bid of $519,646.20 from Rhode Pipe Co. of Hillsboro, Texas, for the construction of the South Loop Water Transmission Line. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None b. South 377 Booster Station: There were only two bids received and both were extremely over their estimate of $350,000. Mr. Plumlee said Myron Weir with Willis Engineering, Danny Johnson, and the low bidder, Jay -Mar Corp. of Denton, Texas, and reviewed the bid. They found large sum of money in one portion of the bid that they could not justify. In lieu of these findings and in lieu of receiving only two bids, Mr. Plumlee recom- mended the Council reject all bids and put the South 377 Booster Station out for bids again. Councilman Swindle moved to reject all bids on the South 377 Booster Station. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Councilman Hammett moved to authorize Willis Environmental Engineering, Inc. to advertise for bids on the South 377 Booster Station. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM X: HEAR PROPOSAL FROM MR. CHUCK SMITH REGARDING OPERATION OF TRANSFER AMBULANCE SERVICE. Mayor Clayton advised the Council that there has been some discussion on this issue and Mr. Smith said he would talk to the committee before bringing it to the Council. Mayor Clayton referred this to the Public Health & Safety Committee for study and recommendations. 240 ITEM XI: CONSIDER RESOLUTION FOR BACK ASSESSMENT OF OMITTED PROPERTY FROM TAX ROLLS. Director of Finance Charlene Young addressed the Council stating the back assessment of omitted property from tax rolls means that, for instance, if a person's residence was left off the tax rolls for two -three years, the City would be able to collect taxes for those back years. Jennifer Schlicke has requested the City to say how far back to assess for the City. The State Property Tax Code states it should go back ten years on real property and two years on personal property. Mr. Chandler has prepared a Resolution to this effect, if the Council so desires. Mrs. Young advised that the statutes mandate the Chief Appraiser to put said property on the tax rolls and the C.A.D. Office said they would put it on the rolls. The County Tax Office advises that just because it is on the tax rolls, if an individual entity wishes not to have state- ments sent out on said propety, then that entity can tell them not to send out statements. Mayor Clayton read the following Resolution which, if passed, would remove any question in the matter and the City would not be in a position of losing this right to have such property back assessed in the future: RESOLUTION NO. 1985 -1 BE IT RESOLVED, that when it is discovered that real pro- perty was not taxed in any one of the ten preceding years or personal property was not taxed in one of the two pre- ceding years, the Tax Collector's office of Erath County, Texas, is authorized to take what action is necessary to make any such back assessments, and this resolution is not meant to in any way change the authority of the chief appraiser under Article 25.21 to take this action, should it be required to make any such back assessments of pro- perty effective. The Council discussed whether or not it back taxes if the owner had been paying he was billed and it was determined par had not been included in the bill or to taxes and start billing them at time it roll. should assess the the taxes for which of the property forgive the back was put on the tax City Attorney Chandler recommended passage of the Resolution to put the authority of back assessment whereever it is needed. Councilman McSwain said it would seem reasonable to him to go back only to 1982 when the tax laws were amended and collect taxes from 1982 forward. Going back 10 years and collecting taxes does not seem reasonable. After more discussion, Councilman Reynolds moved passage of Resolution No. 1985 -1 for the back assessment of real pro- perty and personal property. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: Councilmen Hammett, Brede, Swindle, Reynolds, Tatum, and Mayor Clayton. NOES: Councilmen Self and McSwain. ABSTAINED: None XII: CONSIDER REQUEST FOR NO PARKING ZONES ON OLLIE STR Councilman Swindle advised this has not been to the Traffic Committee. It is on the agenda due to a request from one 241 of the property owners (Winston Welch) in this area. Mr. Welch's 80 year old mother lives at 436 N. 011ie and the college students are creating a real parking problem. Mrs. Welch's driveway is very narrow and they need to be able to park their car in front of her house to pick her up for the doctor or grocery shopping, etc., but cannot due to students parking in front of her house. Councilman Swindle said he would like to see this discussed and some action taken at this meeting rather than put it in Committee. He said the man needs some relief from the parking problems now. The city has put up "Do Not Block Driveway" signs, but it has not taken care of the problem. Councilman Swindle recommended the City Attorney draft an ordinance to take parking off the west side of 011ie Street between Tarleton and Sloan Streets. Mr. Chandler advised an ordinance was not needed. The Council could direct the Chief of Police to put up the no parking signs. Councilman Swindle moved that the Chief of Police be directed to erect no parking signs on the west side of 011ie Street between Tarleton and Sloan Streets. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None I: HEAR OF RONNIE Mr. Isham was unable to attend this meeting. Mayor Clayton assigned this to the Arts & Leisure Committee for a report at the next meeting. ITEM XIV: CONSIDER BIDS RECEIVED AS FOLLOWS: Director of Public Works Danny Johnson presented the following bids for street signs and recommended the low bid. a. Bid #2319 - Street Signs- Four -Way Assembly Street Signs Two -Way Assembly Street Signs Hall Signs, Inc. 4 -way Assembly Bloomington,IN 2 -way Assembly National Sign Co.4 -way Assembly Ottawa, Kansas 2 -way Assembly Smith Mun.Supply 4 -way Assembly Pearland, TX 2 -way Assembly ----- - - - - -- $32.70 ea. ----- - - - - -- 17.85 ea. ----- - - - - -- $32.48 ea ----- - - - - -- 16.24 ea. ----- - - - - -- $29.13 ea. ----- - - - - -- 15.01 ea. Councilman Hammett moved to accept the bid of $29.13 each for the 4 -way assembly and $15.01 each for the 2 -way assembly from Smith Municipal Supplies as recommended by Mr. Johnson. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None b. Bid #2321 - 1986 Rubber Tired Wheel Loader Backhoe: Director of Public Works Danny Johnson presented the following bids for one 1986 rubber -tired wheel loader backhoe: Clemons Tractor Co.--------------- - - - - -- $30,494.04 Fort Worth, TX 242 Clemons Tractor Co.--------------- - - - - -- $34,165.23 Fort Worth, TX Case Equipment Co.---------------- - - - - -- $36,346.00 Abilene, TX Case Equipment Co.---------------- - - - - -- $44,833.00 Abilene, TX Godsey Equipment Co. Abilene, TX - $43,881.23 Mr. Johnson recommended the bid from Godsey Equipment Co. as the other companies did not meet specifications. Councilman Hammett moved acceptance of the bid of $43,881.23 from Godsey Equipment Co. of Abilene, Texas, as recommended by Mr. Johnson, for the purchase of one 1986 rubber tired wheel loader backhoe. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None C. Bid #2322 - Office Supplies Purchasing Agent Melissa Crim presented the following bids for office supplies for the coming year for the various city departments: Patterson Office Supply - Stephenville, TX Bennett Office Supply--------- - -- Stephenville, TX Councilman Reynolds moved acceptance of $1,881,06 from Patterson Office Supply Councilman Tatum seconded the motion. by the following vote: AYES: All members present voted aye. NOES: None d. Bid #2324 - One Ambulance: 1,881.06 - $2,357.22 the low bid of of Stephenville. The motion carried Fire Chief Jimmy Mooney presented the following bids for one ambulance: First Responder Medical------------- - - - - -- $43,280.00 Gainesville, TX Southwest Professionsl Vehicles----- - - - - -- $45,481.00 Duncanville, TX ----- - - - - -- 44,340.00 ----- - - - - -- 43,565.00 ----- - - - - -- 44,281.00 Collins Ambulance------------------- - - - - -- $48,956.40 Mansfield, TX Fire Chief Mooney stated two of the bids did not meet spe- cifications and the one that did meet specifications was $6,500.00 over the amount budgeted for this vehicle. Mr. Mooney said he felt there were some things in the specs that could be changed and re- invite bids and come in below the amount budgeted, therefore, he recommended rejecting all bids at this time and resubmit them. Councilman McSwain moved to reject all bids on the ambulance. Councilman Swindle seconded the motion. The motion carried by the following vote: 243 AYES: All members present voted aye. NOES: None e. Bid #2325 - 1 1986 Model 1/2 Ton Pickup w /Conventional Cab. Bruner Chevrolet (Cheverolet) --------- - - - - -- $8,873.05 Stephenville, TX Bruner Chevrolet (Dodge) -------------- - - - - -- $8,875.70 Stephenville, TX Harbin Motors------------------------- - - - - -- $8,956.99 Stephenville, TX Wayne Blue Ford Co. Stephenville, TX - - - - -- $9,893.16 Director of Public Works Danny Johnson stated that with the bids from Bruner Chevrolet being so close that he recom- mended the bid of $8,875.50 from Bruner Chevrolet (Dodge) as that was the one the men using it wanted. Councilman Tatum asked that the records show he did not participate in the discussion nor voting on this item. Councilman Swindle moved acceptance of the bid of $8,875.50 from Bruner Chevrolet for one 1986 J/2 Ton Dodge Pickup with conventional cab. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Brede, Clayton, Swindle, McSwain, and Reynolds. NOES: None ABSTAINED: Councilman Tatum. ITEM XV: EXECUTIVE SESSION: Mayor Clayton closed the open meeting and called the Council into executive session as provided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252 -17, for the purpose of discussing the purchase, lease, exchange, or value of real property. Mayor Clayton reconvened the Council in open session. There was no action taken on matters discussed in executive session There being no other business to come before the Council, Mayor Clayton adjourned the meeting at 10:15 p.m. ATTEST: ity Secretary 244 David Clayton ayor a ORDINANCE NO. 1986 -1 ORDINANCE DECLARING ALLEY RUNNING THROUGH BLOCK 37 OF FREY FIRST ADDITION TO THE CITY OF STEPHENVILLE CONTAINING .03 ACRE OF LAND TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO CAROL MORRISON AND WIFE, BARBARA MORRISON, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That certain alley described as follows: Alley running through Block 37 of Frey First Addition as shown on King's 1956 Map of Stephenville at page 804 thereof, which map is on file in the office of the County Clerk of Erath County, Texas, and described on Exhibit "A" which is attached hereto and made a part of this ordinance; is hereby declared to have been abandoned for alley purposes and said alley above described is hereby ordered vacated and closed as an alley. Section Two That alley hereinabove described has been appraised and is hereby found by the City Council of Stephenville, Texas, to be of a value of $j�p; °"1 Said amount having been offered by CAROL MORRISON and wife, BARBARA MORRISON, for said alley, it is hereby ordered and directed that DAVID CLAYTON, Mayor of the City of Stephenville, execute a special warranty deed to the said CAROL MORRISON and wife, BARBARA MORRISON, conveying to them the above described land and such deed shall be delivered to the said CAROL MORRISON and wife, BARBARA MORRISON, upon the payment by them to the City of Stephenville of said sum of $ 5 ®wo , the said CAROL MORRISON and BARBARA MORRISON owning Lots 1, 2 and 3 adjacent to said alley and the owner of Lots 4, 5 and 6, Roy C. Hayes, having relinquished and released his right to purchase any portion of said alley. PASSED AND APPROVED this 7th day of January, 1986. ATTEST: Joyce Pemberton, City Secretary r David Clayton, Mayor 245 r T _YHIDIT_IA„ pagf) Of .l 15 ALLEY CLOSING FIELD NOTES THE STATE OF TEXAS: COUNTY OF ERATH; ALL that certain lot, tract or parcel or land out of Block No. 37 of the Frey First Addition to the City of Stephenville, Erath County, Texas, consisting of an alley funning through said Block No. 37, according to King's 1956 flap of the City of Stephenville, Erath County, Texas adoption thereof recorded In Volume 381, Page 105 of the Deed Records of Erath County, Texas and described as follows; BEGINNING at an iron rod set in the south right of Nay line of F. M. Highway No. 8, being the HE corner of Lot He. 1 of Block No. 37 for the NN corner of this tract from which the NH corner of Block No. 37 bears S 600 151 4711 N, 100.01; THENCE N 60? 151 4711 E along the south right of way line of said highway, 8.04 to an Iron Cod set at the NH corner of Lot No. 6 or Block No. '37 for the NE corner or this tract; THENCE S 290 2010811 E, 168.0' to an iron rod set in the north line of Nest .''Hubert Street,., being the SW corner of Lot No, 4 of Block No. 37 .for the SE corner of this tract;. THENCE S 600 151 4711 N along the north line or said West Hubert Street, 8.01 to an iron rod set at the SE corner of Lot No. 3 of Block No. 37, for the SW corner or this tract;'. THENCE N`29" 201 OBe W,. 168,01 to the place of beginning and containing 0.03 ' acres of land. I, ice a Registered Public Surveyor of the .State of Texas do hereby certify that these field notes are true and correct as surveyed on the ground, October 23, 1985. 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