HomeMy WebLinkAboutCCP 04-26-1993
AGENDA
ARDEN HILLS CITY COUNCIL MEETING
. COUNCIL CHAMBERS
MONDAY, APRIL 26, 1993, 7:30 P.M.
7:30 PM 1. CALL TO ORDERIROLL CALL
2. AGENDA ADOPTION
7:35 PM 3. RECOGNITION OF EAGLE SCOUT scon MCLEAN FERGUSON -
APPROVE RESOLUTION #93-28 - HONORING EAGLE SCOUT scon
MCLEAN FERGUSON
7:45 PM 4. PUBLIC HEARING - COUNCIL MODIFICATION OF THE PROGRAM
FOR DEVELOPMENT DISTRICT NO.1 IN THE CITY; AND COUNCIL
APPROVAL OF A TAX INCREMENT FINANCING PLAN CREATING
TAX INCREMENT FINANCING DISTRICT NO.3
8:00 PM 5. APPROVAL OF MINUTES FOR MEETING OF APRIL 12
8:05 PM 6. CONSENT CALENDAR
a. Approve Agreement with MWCC & 550 Association (Arden Manor
Trailer Park owners) for payment of SAC charges.
. b. Approve 1993 Contract for TreelStump Removal.
c. Approve List of Business Licenses.
d. Approve List of Claims/Payroll.
8:15 PM 7. PUBLIC COMMENTS
8:30 PM 8. UNFINISHED AND NEW BUSINESS
A. Planning Commission Recommendation: Approval of Modification of
Original Berm at Edgewater Estates - Paul Keleher.
B. Approve Resolution #93-29 ' Program Modification of Development
District #1 and Approve the TIF Financing Plan for TIF District No.3.
9:00 PM 9. COUNCIL COMMENTS
9:15 PM 10. ADJOURN
MAY MEETINGS
May 5 - Planning Comm, 7:30 pm JUNE MEETINGS
May 10- Council Meeting, 7:30 pm June 2 - Planning Comm, 7:30 pm
May 12- Human Rights, 7:30 pm June 9 - Human Rights, 7:30 pm
May 18- CC Worksession, 4:30 pm June 14- Council Meeting, 7:30 pm
. May 20- Public Saf!Wks, 7:30 pm June 15- CC Worksession, 4:30 pm
May 24- Council Meeting, 7:30 pm June 17- Public Saf/Wks, 7:30 pm
May 25- ParklRec Comm, 7:30 pm June 22- ParklRec Comm, 7:30 pm
May 27- Finance Comm, 7:30 pm June 24- Finance Comm, 7:30 pm
May 31- HOLIDAY - MEMORIAL DAY June 28- Council Meeting, 7:30 pm
CITY OF ARDEN HILLS
MEHEANDUM
.
TO: ~YCR 1\ND CITY CXXIICIL
FRCM: DCRCIl'HY A. PERSCIl, CITY AIHINISTRATCIl.
Dld'E: APRIL 23, 1993
StlBJ]!X:'l' : CITY AIHINISTRATCIl.' S Bl\CKGROllND INF<::RMM'ICII
FCR CCltIN::IL MEETIm OF 4/26/93
1. Eagle Scout scott McI.ean Ferguson is being recognized for his public
service, work and dedication within the city of Arden Hills, as per past
practice.
2. TIF Public Hearing regarding the "Cottage Villas of Arden Hills" senior
housing project proposed by developer John Arkell. Public comment is
welcome regarding modification of the program for Development District
No.1; and public I'YlIlIlllPnt regardin;J the senior housing project as a tax
increment district. PeIrling positive Council consideration, a
Resolution is attached for Council approval.
3. Approval of SAC agreement with MWCC and Arden Manor/550 Ass=iates with
550 Associates responsible to pay prior years' SAC charges.
. 4. Advertisement for bids for di_",."n tree and stump removal were placed
in the New Brighton Bulletin on April 7 and April 14. Bid
specifications were also nailed to contractors previously bidding in
1991 and 1992 as well as those expressing interest. Four sealed bids
were received. outside Services would be the low bid when tab.1lating
the cost of tree and stunp removal, therefore, staff recommendation is
to award outside Services of Anoka the Di _",,.,,n Tree and stump Removal
Contract for 1993.
5. Planning Camnission - '!he Etlgewater Estates benn located at Old Hwy 10
and parkshore Drive, will be presented for final approval. Planning
Commission recx:lll1l1\el'r approval of the revisions to the benn if the
issues of height and accessibility to the sanitary sewer easement were
resolved between the affected homeowners and the Public Works
SUperintendent. '!he above mentioned issues have been resolved between
the appropriate parties. ']he Townhome Association will incorporate this
agreement into their By-laws. 'The UOOerstanding is that the Townh.ome
Association will be responsible for naintaining or replacing landscaping
in drainage and utility easements if the City is required to perfonn
utility maintenance work within the ~"""""nt.
6. Handouts: Copy of letter and copies of January, February, and March
1993 monthly tax return statements fran Light Brigade.
Invitation to Silent Auction and Annual Meeting of the
. SUb.lrban Area Chamber of COllInerce.
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 93-28
HONORING EAGLE SCOUT SCOTT MCLEAN FERGUSON
WHEREAS, the Arden Hills City Council
recognizes that the highest rank awarded by the Boy Scouts
of America is the rank of Eagle Scout, and
WHEREAS, Scott McLean Ferguson of Arden
Hills has completed the requirements for the rank of Eagle
Scout by earning 21 merit badges, planning and directing a
major community service project and serving in a troop
leadership position, and
WHEREAS, Scott McLean Ferguson distinguished
himself by leading members of his troop in an extensive
service project relating to installation and construction of
benches, trail markers, waste receptacles and signage along
. the trail system in the City of Arden Hills, and
WHEREAS, Scott McLean Ferguson earned not
only the traditional merit badges of the Boy Scouts but
chose such elective badges as electronics, computers,
engineering, aviation, skiing and American business.
NOW, THEREFORE, BE IT RESOLVED, that the
Arden Hills City Council, on behalf of Council, Staff and
all the citizens of Arden Hills, express the sincere
gratitude and congratulations to Scott McLean Ferguson for
attaining the rank of Eagle Scout and for his dedicated
service to the community.
Passed and adopted by the Arden Hills City
Council this 26th day of April, 1993.
Thomas R. Sather, Mayor
ATTEST:
. Dorothy A. Person, city Administrator
.' .1 /ic
. ' MAP 25 '~3 D1: 2~?M EHLEPS ~. H=.=_':U::HTE; .....
. Ehlers and Associates.lnc.
LEADERS IN PUBLIC FINANCE
March 26, 1993 cc; Dorothy Person
City Administrator
cc: Lou McKenna
Ramsey County Taxation
and Records Director
Terry Schutten Dr. Burton M. Nygren
County Manager Superintendent of Schools
Ramsey County Courthouse LS.D. No. 621
SO W. Kellogg Blvd., Suite 560 2959 Hamline Avenue North
St. Paul, MN 55102 Mounds View, MN 55113
Re: Ta.,< Increment Financing District No.3: (Housing District)
in Development District No. 1
- City of Arden Hills, MN
On behalf of the City of Arden Hills, we are enclosing infonnation on
. the fiscal and economic implications of the above tax increment plan
for which the Council has called a hearing which will be held at
7:30 o'clock p.m. on Monday, April 26, '1993 at Arden Hills City Hall.
The Chy of Arden Hills is considering a proposal by.Cottage Lifestyles
for senior housing using tax increment financing. The project includes
a 50-unit, two-story apartment building located on four parcels west
of Cleveland Avenue, south of CoUnty Rsad E2 and north of Thom Drive '
in the City. The proj ect ,Iould benefit low to moderate income seniors
and would create employment opportunities resulting from the construc-
tion of the units and add about $2.1 nillion of new market value to the
tax base.
The ta.,< increments are expected to be captured over a period of about
15 years (see cash flow attached).
If you wish to meet with representatives of the Chy prior to the
hearing to discuss the project, please call Dorothy Person, City
Administrator, at 633-5676.
Sincerely,
EHLERS AND ASSOCIATES, INC.
. Carolyn Drude
E.,<ecutive Vice President/Director
OFFICES IN MI~INEAPOL!S. MN . BROOXFIELD. WI . JAMESTOWN, NO
2950 ,'Jor-.v~Sl C~!1Ir:r. 9U South Se'ie':',!!,: Streef ~ Mlnnei!;)OliS MN 554t12.4iOO. 6t2.!39-~T. ;;AX S12.339.oasa
,
1 .
, .
Ehlers and Associates.lnc.
LEADERS IN PUB II C FINANCE
.
TAX INCREMENT FINANCING PROCEDURE
Proposal by developer
Discussions among developer, financial advisor and city staff
City staff recommendation
Council approval of concept and call for April 26 public hearing
Delivery of fiscal and economic implications material to Ramsey
County and Mounds View &hoo1 District on March 26 (30 days
prior to the hearing)
Council review of preliminary draft of l-bdified Development Program
(includes TIF Districts Nos. I and 2 plus the modification to add
Dis'trict No.3: Cottage Lifestyles)
Publication of notice of hearing at least 10 days prior to April 26
Public hearing on modification of DevelolJllent Program and Tax .
Increment Financing District No.3, April 26
Council consideration of resolution (to be drafted by tax increment
and financing counsel) approving the modification of the
Development Program and establishing Tax Increment Financing
District No. 3
Council consideration of entering into developer's agreement with
Cottage Lifestyles for pay-as-you-go tax increment reimbursement
* * *' * * *
Once the resolution is approved and the developer's agreement has
been signed, Tax Increment Financing District No. 3 may be
certified to the County (where it is officially established) and
the building permit may be issued
EHLERS .AND ASSOCIATES, INC.
Financial Advisors to the City
3/29/93 .
OFFICES IN MINNEAPOLIS. MN . BROOKFIELD. WI . JAMESTOWN. NO
2950 Norwest Cenler' 90 Soulh Seventh Slree! . Monneapolis. MN S54{J2.411ll1. 612.339.8291 . FAX 612.339,0854
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CIn' OF ARDEN HIllS, MINNESOTA
COTI.A.GE LIFESTYLES SENIOR IDUSING
.
Original Estimated Cap=ed EstiJDated 10% Available
Ta.,,<: Ta.x Tax Tax .~. Tax
Year Capacity Capacity Capaci t}' Increment E:tpense Increment
,
1993 $5,443 S 5,443 0 0 0 0
1994 5,443 5,443 0 0 0 0
-
1995 5,~43 54,296 $48,853 $63,930 56,393 $57 ;537
1996 5,443 54,296 48,853 63,930 6,393 57,537
1997 5,443 54,296 48,853 63,930 6,393 57,537
1998 5,443 54,296 48,853 63,930 6,393 57,537
1999 5,443 54,296 48,853 '63,930 6,393 57,537
. 2000 5,443 54,296 48,853 63,930 6,393 57,537
2001 5,443 54,296 48,853 63,930 6,393 57,537
2002 5,443 54,296 48,853 63,930 6,393 57,537
2003 5,443 54,296 48,853 63,930 6,393 -- ....~
:JI,~,J'I
2004 5,443 54,296 48,853 63,930 6,393 57,537
2005 5,443 54,296 48,853 63,930 6,393 57,537
2006 5,443 5-1,296 48,853 63,930 6,393 57,537
1007 5,443 54,296 48,853 63,930 6,393 57,537
2008 5,443 54,296 48,853 63,930 6,393 57,537
2009 5,4-1-3 54,296 48,853 63.930 6,393 57,537
$958,950 $95,895 $863,055
Original ta.x capacit;.': 5,443
Estimated ~~rket Value:
. Building (2.4% class rate) 2,100,000
. Land (3.4% class rate) 114,600
Total Ta.'C Capacity 54,296
Ta.'C Capacity Rate 130.864
Completion 1993
-- - - ------- u_ __ _ .._________ -~-
f ,
crTY OF !\RDEN HILLS, ~IIN\ESOTA ,
ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 3 .
ON OTHER TAXING JURISDICTIONS
IMPACT ON TAX BASE
DISTRICT
NET TAXABLE TAX CAPACITIES %OF
ENTITY TAX BASE ORIGINAL ESTlMATE:O CAPTURED TOTAL
City of Arden Hills $ 9,668,094 $5,443 $54,296 $48,853 0.521%
County of Ramsey 282.966,817 5.443 54,296 48,853 0.018%
I.S.D. No. 621 51,917,445 5,443 54,296 48,853 0.097%
IMPACT ON NET TAX CAPACITY RATE
CURRENT NET POTENTIAL TAX CAPACITY
TAX CAPACITY %OF TAX RATE
ENTITY RATE TOTAL INCREMENT INCREASE"
City of Arden Hills 14.382 11.00% $ 7,032 0.073% .
County of Ramsey 42.380 32.00% 20,458 0.007010
1.5.0. No. 621 68.898" 53.00% 33,883 0.065%
Other 5.204 4.00% 2.557
130.864 1bo.00% $63.930
. Assumes the construction would have occurred without the creation of a Tax Increment
Financing DIstrict if the construction is a result of Tax Increment Financing, the impact is
$0. .
.. Includes tax rate of 1.701 for Intermediate District No. 916.
.
.
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~:H~9: 12:(;' '=I]~jGE L.IF::STYL.E; 612 293 9703 TO: P02
.
ESTIMATE OF QUALIFYING COSTS FOR'TIF IN
COTTAGE VILLAS OF ARDEN HILLS
Land 196000
Excavation/Grading 125000
. Landscaplng/Sod/Lawn Sprinklers 50000
Curb/Gutter 12000
Site Concrete (Foundation & Slab) 213000
Site Utilities 42000
Bituminous Paving/Stripping 17000
Site/Electrical 12000
Financing Costs @ 3.8\/15 years 131000
TOTAL 798000
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CITY OF ARDEN HilLS partsoflols 11. 12.28 &29andall of 10ls30
. COUNTY OF RAMSEY and 31; Aohleders Home and Garden Acres.
. STATE OF MINNESOTA For a specific identiflcalion nurnt>er, please call
Cily Hall.
, NOTICE OF PUBLIC HEARING The legal descripfion 01 il1e IIrea contained
NOTICE IS HeRESY GIVEN ThaI the Arden in Il1e TaK InCfement Financing Dislrlct IS con-
HillS City Council will hold a public l1eallng81 lainedinll1eplanonflleintl1eofliceoflheCity
ll1eArden Hills City Han. 1450W, Hwy_ 98. 011 Adminislrator al Cily Hall, 1450 W. Highway 96,
Monday. Apri126, 1993a17,30 p_rn Arden Hills. Mirmesota 5511;1
The hllaring Is being heldlo,cilizans In com- Thll Dllvlllopmenl District pl'ograrn modUica.
. menlregarrling(1)Councilmodificalionollhe tion and the TaJClncremenf Financing District
progfamlor Otlvelopmenl Oislrict No. Ilnlhe a.e proposed 10 be approved in accordance
City. and (2) Council approval 01 a laJC inc,e- with Minnesola Statules, Chaple, 469.
ment financing plan crealing Ta" Inc,ernent Persons interested may presenl oral Df writ-
Financing District No. 310cated Ihereln. Thl! len comments allM abovll slated lime and
area proposed to be included in Ta" Incremenl place
-.financing Olirtrltl No~ a is thai property (known. Daled at Arden Hills ihis 6111 day 01 AoriL
,lis) (located)easloICleveland Avanoo, 2 bJocks i993. '
soulh 01 Co. Ad E2 and fegaHy descrlbed as:
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. BY ORDER OF THE CITY COUNCIL
Dorolhy A, Person
City Admlnlltntor
(Bullelln: Apr.14, 21, 1993)
.
. MINUTES
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 12, 1993
7:30 P.M. - Mounds View High School Cafeteria
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Sather called
to order the regular City Council meeting at 7:30 p.m.
Present: Mayor Thomas Sather; Councilmembers Beverly
Aplikowski, Dale Hicks, Paul Malone, Dennis Probst. Also
present were: City Attorney, Jerry Filla; City Planner,
John Bergly; City Engineer, Mark Graham; Public Works
Superintendent, Dan Winkel; Clerk Administrator, Dorothy
Person; Community Planning Coordinator, Catherine Iago;
Recording Secretary, Shar Foster.
ADOPT AGENDA
It was noted that there were agenda items under "Unfinished
and New Business" (consideration of resolutions and adoption
. of ordinances) that directly related to this evening's two
"Public Hearings". Council agreed to rearrange the agenda
to consider those resolutions and ordinances immediately
after the public hearings.
MOTION: Malone moved, seconded by Hicks, to adopt the April 12,
1993 agenda with the change of order as noted above.
Motion carried unanimously (5-0).
PUBLIC HEARINGS
1993 PAVEMENT MAINTENANCE
Mayor Sather opened the meeting at 7:35 p.m. for the purpose
of conducting a public hearing on the 1993 Pavement
Maintenance Improvement Notice. He stated the purpose of
this hearing was to receive input with regard to the 1993
Pavement Maintenance Program. He explained the procedure
for the hearing would be that the City Engineer would make a
presentation with regard to the 1993 Pavement Maintenance
Program, then Council and the public would be invited to
comment or ask questions. He instructed anyone wishing to
speak to sign the guest register, after which their names
would be called in the order listed.
Administrator Person noted that one letter regarding this
. matter was received from Sandra Bainbridge, 4113 James
Circle.
. Arden Hills Council 2 Apri 1 12, 1993
city Engineer Graham introduced himself to the audience and
stated that this evening's hearing is required by law as a
means of providing the public a forum for public input
regard an improvement project, in this instance, the 1993
Pavement Maintenance Program for bituminous overlay and
seal coating of streets within the City.
Graham explained that rating of City streets involves
periodic examination to determine condition and then a
determination is made by the City Engineer, with input from
the Public Works Department, as to the best available means
of protecting each street and extending its useful life.
Graham explained the processes to complete a 1-1/2 inch
bituminous overlay or seal coating of existing street
surfaces. He illustrated on a map the street segments
proposed to receive overlay or seal coat in 1993.
Graham announced that this evening, estimated assessment
amounts can be provided, but the actual assessment hearing
on this matter is scheduled to take place in May 1993; at
. that hearing, the public will have an opportunity to
specifically discuss matters relative to assessments.
Graham explained that the City's Assessment Policy calls for
all seal coating work to be paid 100% by the City; all
bituminous overlay work to be paid 50% by the City and 50%
by the benefiting property owners, on a front footage basis.
He explained the method of calculating assessments for
corner lots or lots abutting other streets which have been
improved and assessed.
Graham noted that some of the benefiting property owners in
the 1993 Pavement Maintenance Program are townhome owners.
He stated that a determination has been made that an
assessment cannot legally be levied on a townhome
association, therefore, the assessment for the streets
benefiting the townhome owners is proposed to be spread
amongst townhome owners on a per unit basis.
Graham stated that the Feasibility Report for this project
estimated a residential front footage assessment of $3.03.
He added that bids were opened on April 6, and assuming the
project would be awarded to the low bidder, and applying the
City's assessment policy (whereby benefiting property owners
pay for 50% of the cost), the front footage assessment for
residential property owners would be $2.98 per front foot,
. and the per unit assessment for townhome owners would be
$63.78.
.
Arden Hills Council 3 Apri 1 12, 1993
Graham reviewed the schedule for 1993 Pavement Maintenance
Program, which called for 1) Assessment hearing to be held
May 10, 2 ) Awarding of the project June 4, 3} Construction
to commence in July 1993, and 4) Completion of the project
in August 1993.
Mayor Sather advised the public that if an individual
property is assessed more than a $500 assessment, that
assessment will be payable over a five year period with
interest; if an individual property is assessed less than a
$500 assessment, that assessment will be payable over a
three year period with interest. He added that there would
be no interest applied if the assessment were paid in full
within thirty days of the assessment hearing.
Names were called in the order listed on the guest register.
Comments made by citizens are as follows (not verbatim) :
Gordon Fay, 1841 Gramsie Road - 1 am not opposed to this
improvement project, but I request that concrete curb and
. gutter be installed at 1 eas t for my property; I would be
willing to pay for it. It is important that the City review
the drainage situation at Fairview because drainage there is
blocked and creates drainage problems in other locations.
Jim Talbott, 1840 Gramsie Road - My home was built in 1961
before Gramsie Road was completed. The home was built at an
appropriate elevation according to the street plan, but the
street plan was not followed, hence, there are water
drainage problems. I fear that if the street were raised,
even as insignificantly as 1-1/2 inches for overlay, there
would be an increased water drainage problem affecting my
property.
Graham said he would review any potential problem areas with
residents, City public works crew, and the contractor to
analyze what measures should be taken to enhance drainage.
He added that it is customary for the contractor to
"feather" the bituminous overlay to match driveway
approaches as well as possible.
Ken Hanzalik , 1768 Venus Avenue - I and my neighbor, Walt
Harmer of 1776 Venus Avenue experience drainage problems
when there is a heavy rainfall. Mr. Harmer sent a letter to
the City regarding this matter, but received no response.
Perhaps we need a situation like that which exists at the
. Dellview/Glen View Court area, or perhaps a new manhole
cover would help. When was road work 1 ast done on Venus
Avenue? Crystal Avenue had work done on it just last year
and it is already cracked, I support spending money wisely
and I don't think we need concrete curbs on these
. Arden Hills Council 4 April 12,1993
residential streets. The blacktop "curb" put in on Crystal
Street last year is of no value.
Graham said he did not know off hand when work was last done
to Venus Avenue, but has the history records and could
check. With regard to cracking, Graham stated that overlay
will not eliminate crack patterns in streets, but if
necessary patch work is done to the worst spots and the
entire street is overlayed, it would result in maximum
street life with minimum cost. There are no plans to
install the blacktop "curbs" referred to.
Chuck McCann. 1839 Venus Avenue - The Feasibility Report
outlines criteria used for rating streets and guidelines as
to when the ratings warrant reconstruction. With the
condition of Venus Avenue being so bad, why is the road not
being reconstructed? There are two catch basins at the end
of the street, but they are often clogged with leaves, etc.
in a heavy rainfall, then water backs into my garage and
could eventually back into my basement. The "crown" of the
street needs to be cut down. I wrote a letter to the City
. in this regard and have received no response. Rather than a
proposed bond issue for a new City Hall, perhaps that money
should go toward streets. We need to watch spending very
closely. Have bids been let for this project?
Graham said that when street ratings are determined, there
is consideration given as to whether overlayment or
seal coating can cost effectively extend the life of the
street instead of the much higher cost of reconstruction.
He added that sometimes the pitch of a street can be
realigned in order to redirect drainage. With regard to the
clogged catch basin problem, he stated that the City's
recently adopted storm water management utility should help
alleviate that situation. Regarding bids, Graham reported
that bids have been let, received, opened, and accepted;
however the project has not yet been awarded.
Al Lawson, 1777 Glenview Avenue - 1 have no objection to the
overlay project. who is responsible to address the poor
condition of County Road F and Snelling?
Mayor Sather commented that County Road F and Snelling are
two streets which are being considered for a possible
"street jurisdiction swap" between the City and Ramsey
County.
. Terry Schutten, 1251 Wyncrest Court - I am here as a citizen
of Arden Hills to hear this discussion, but I also work for
Ramsey County and am involved in the possible "street
jurisdiction swap" concept. If a decision is made to
. Arden Hills Council 5 April 12, 1993
"swap" streets, the streets involved would be brought to a
reasonable condition prior to that action.
Dennis Prchal. 1553 Briarknoll Drive - Even small amounts
of rainfall create drainage problems. Despite repairs,
there is a problem with the catch basins in that they don't
proper! y drain.
Barney Palmer, 1300 Nursery Hill Lane - 1 original 1 y came to
this meeting to oppose this improvement, but I have changed
my mind. The information I received in the mail was very
incomplete and gave a poor explanation of the proposal.
Attending this hearing has clarified some of my questions.
1 am concerned about the significant number of garbage
trucks and buses that use my street because I believe those
heavy vehicles significantly reduce the life of a street.
Perhaps we could limit the number of garbage vendors or have
buses rerouted to reduce the number of trips they take.
Mayor Sather commented that the School Transportation
Department makes a concerted effort to reduce transportation
. costs and coordinate busing, but there are trips made to and
from several different school locations.
Ralph Larson, 1273 Nursery Hill Lane - Our street has curb
and gutter, but an additional 1-1/2 inch overlay will negate
the effectiveness of the gutter. I am not opposed to the
project, but need assurance that the final pro ject will be
workable, I am familiar with the engineering firm of Maier
Stewart and know they have a good reputation and trust they
will check into all the concerns and do a good job. Can the
low bid accommodate unanticipated situations where minor
repairs, milling, or thicker bituminous will be needed? If
those kinds of repairs are needed, will assessments
increase?
Graham stated that he is aware that attention needs to be
given to many details and several sections of the affected
streets must be individually examined to determine the best
way to proceed. He added that it may be necessary to try to
"mill" portions of existing streets prior to overlaying the
street. With regard to repairs and assessments, Graham
stated that there is room within the bid for minor repairs
as needed. He assured that if change orders are needed to
address such needs, the residents' assessments will not
increase once assessments are levied; however, the city's
share of the project may need to be adjusted.
.
.
Arden Hills Council 6 April 12, 1993
Vincent Anderson, 1325 Karth Lake Circle - I am
uncomfortable with Graham's response to Ralph Larson's
comments, wherein he said it may be necessary to "try to
mill" portions of existing streets. 1 get the impression
that there is no plan as to how to address problems, but
rather the engineer will simply "try" certain measures. The
information sent to me by mail was vague and unclear, In
the future, the City should send out more specifics.
Graham stated that the "milling" process is relatively a new
process, but that it has been done by engineers and
contractors with success and is considered a suitable
process to be used as needed. He added, however, that it is
more expensive to "mill" a street section! so it will be
done only when a determination has been made that it is
necessary.
Arlene Mitchell , 1283 Wvnridqe Drive - To what extent does
overlaying a street extend its life expectancy? There is
little traffic and no potholes yet on my street; its rating
. is not bad compared to others in the neighborhood. 1
appreciate preventive measures, but question whether
overlaying my street at this time is premature.
Graham responded by saying that there are many points to
consider when determining when to overlay a street, such as
distressed pavement, cracking, maintenance records, age,
etc. He added that another consideration is that typically
there can be much better bids by "clustering" a number of
streets in a neighborhood and overlaying all of them as a
complete package. He added that he feels Wynridge Drive is
due for overlayment now before there is worse deterioration
of the street. He offered to discuss his analysis with Ms.
Mitchell after the public hearing if she desired,
Scott Tolson, 1321 Wvncrest Court - How often does the City
perform inventorylanalysis of streets? I question whether
overlayment of Wyncrest Court is warranted at this time
because there are no potholes; perhaps it should be
postponed for a few years.
Graham explained that about every three years a City-wide
street inventory/analysis is conducted, and City crews
review streets even more regularly. He reiterated that it
is cost effective to overlay a street to extend its life
before it is in a very deteriorated state.
. Mayor Sather asked if anyone else wished to speak; there was
no response. The publio hearing was closed at 8:27 p.m.
. Arden Hills Council 7 April 12, 1993
Councilmember Malone commented that the City makes every
attempt to use funds as wisely as possible to get the most
of very limited funds, by using good judgment in the best
interest of the City. He added that the commitment to
overlaying and seal coating is a cost effective measure
because those processes extend the life of streets
significantly reducing the need to reconstruct streets. He
advised the public that typically a residential property
would be assessed about $3/front foot for an overlay project
compared to $12/front foot for a cold-in-place recycling
project or $30/front foot for a reconstruction project. He
stated that typically better bids are received when streets
are "clustered" together. He reminded the public that even
though a street such as Wynridge is currently rated better
than other streets in the City, typically those ratings drop
very quickly after a certain point.
With regard to stresses on streets, Malone commented that
the City tries to address drainage problems because poor
drainage destroys streets very quickly. He added that a lot
of thought has been given over the past years with regard to
. the possibility of regulating garbage trucks, but evidence
to prove their negative affect on streets is conflicting,
therefore, their contribution to destruction of roads has
been hard to prove.
A question arose from the audience as to how the Council can
consider a new City Hall when there is so little money in
the City's budget. Councilmember Malone invited the public
to visit the City Hall to examine the facility and witness
the condition under which City employees must work before
taking a position as to the need for a new City Hall.
A question arose from the audience as to whether the streets
to be overlayed would be overlayed one side at a time.
Graham stated that customarily a street is overlayed one
side at a time to minimize the time that residents are
inconvenienced by the project.
MOTION: Hicks moved, seconded by Aplikowski, to adopt
Resolution 93-24 Ordering The Improvement In The Matter.
Of The 1993 Pavement Maintenance Improvement. Motion
carried unanimously (5-0).
MOTION: Hicks moved, seconded by Aplikowski, to adopt
Resolution 93-25 Determining Assessed Cost of
Improvement, Ordering Preparation of Proposed
. Assessment Roll And Setting The Assessment Hearing Date
In The Matter Of The 1993 Pavement Maintenance
Improvement. Motion carried unanimously (5-0).
. Arden Hills council 8 Ap ri 1 12, 1993
MOTION: Malone moved, seconded by Aplikowski, to adopt
Resolution 93-26 Establishing The Assessment Rates For
1993 Bituminous Overlay Projects (at $2.98 per front
foot for residentially zoned property and at $63.78 per
unit for townhouses served by Arden View Drive and
Arden View Court). Motion carried unanimously (5-0).
MOTION: Hicks moved, seconded by Probst, to adopt Resolution
No. 93-27 Accepting Bids And Authorizing Execution Of
Contract In The Matter Of 1993 Pavement Maintenance
Improvement. Motion carried unanimously (5-0) .
Mayor sather suggested Council handle "Approval of Minutes",
"Consent Calendar" and "Public Comments" prior to opening
the next public hearing, in order to allow the audience an
opportunity to disperse. Council concurred.
APPROVAL OF COUNCIL MINUTES
Councilmember Probst referred to the second to last
paragraph of page two of the March 29, 1993 regular Council
. meeting minutes, which read "O'Keefe stated that after five
fatalities and three severe injuries .. Probst said
.
he believed the numbers in that sentence were transposed,
and the sentence should read "O'Keefe stated that after
three fatalities and five severe injuries " Council
concurred.
MOTION: Probst moved, seconded by Malone, to approve the
minutes of the March 29, 1993 Regular Council Meeting
with one revision to page two as noted above. Motion
carried unanimously (5-0).
CONSENT CALENDAR
MOTION: Malone moved, seconded by Hicks, to approve the Consent
Calendar and authorize execution of all necessary
documents contained therein. Motion carried
unanimously (5-0).
a. Adopt Resolution No. 93-23 - Class B - Pull Tab
Premises Permit (renewal) ABWA, Roseville Chapter
Lady Slipper, at Flaherty's Arden Bowl, 1273 West
County Road E (pending approval from Ramsey County
sheri ff) .
b. Approve List of Claims/Payroll.
.
. Arden Hill s Counci 1 9 April 12, 1993
PUBLIC COMMENTS
There were no public comments.
Mayor Sather called for a short break as members of the
audience dispersed. The meeting reconvened at 8:55 p.m.
PUBLIC HEARINGS (CONTINUED)
REVISED ORDINANCE TO ZONING
REGULATIONS AND USE OF SIGNS
Mayor Sather opened the meeting at 8:57 p.m. for the purpose
of conducting a public hearing on the revised ordinance to
zoning regulations and use of signs. Community Planning
Coordinator Iago verified publication of the notice of
hearing in the New Brighton Bulletin on Wednesday, March 24,
1993 and an amended notice announcing the location of the
hearing in the New Brighton Bulletin on Wednesday, March 31,
1993.
. City Planner Bergly commented that Planning Commission,
staff and Council has been working on a revised zoning
ordinance for about three years and a revised sign ordinance
for about 1-1/2 years. He added that over the last several
months, the proposed revisions have been reviewed and
revised several times to iron out all the details.
Council was in receipt of the proposed draft Zoning
Ordinance and Sign Ordinance in bound book form dated March
8 , 1993. Bergly reported that the draft was compil ed for
purposes of this public hearing and if counci 1 takes action
to approve the ordinances, the drafts will be reviewed for
typographical errors and the ordinances will be published as
prepared in the draft, incl uding any revisions Council
desi1:es.
Bergly stated that the Planning Commission, at their April
7, 1993 meeting recommended the following revisions to the
March 8, 1993 drafts:
- Zoninq Ordinance, section VI-A.5. - be revised as
follows:
size. In R-I and R-2 District, no accessory
structure shall exceed seven hundred twenty eiqht
(728) (790) square feet in floor area and for
accessory structures located in the rear yard of a
. prlncipa 1 structure, the total floor area of all
such accessory structures shall not exceed twenty-
five (25) percent of the minimum required rear
yard area for the principal structure.
----..-....--
. Arden Hills Council 10 April 12, 1993
- Siqn Ordinance, Section V.E. - add enumerated item 11
to read as follows:
Banners, pennants, ribbons, streamers, string of
light bulbs, except as special event signs as
allowed by Council approval.
- Siqn Ordinance, Section IX.I.3.c. - be revised as
follows:
C. Certain Temporary Signs Require Annual
Application and an Annual Fee.
l. ~h~ fel18~in~ t~m~Brary 3i~R5 Ye~HiYL an
annual a~plicatioR aad anntl61 fee:
a. Cla.3.3 I Real Eatate: 3i~R3;
b. reli tieal .3i~F...~;
2. Eaeh real e:atate: effiee ey iRai.ialfal
effe:riB~ re.al estate far Ja1e; pelitieal
e:aRaiaate:; er 3pen3er ef a re:.ferendum
3i~n, 35611 make applicatiBfl far a 1
ye:ar permit each year ~rier te
. in3tallin~ 5i~n3. This ~e:.lmit 3ha11 he
..a1id far all 3i~n~ in3ta11cd in the:. 12
meRth periea fellewin~ the: i33lfaRee: sf
th~ I!-Lrmit b} th~ individual, a13cae::y,
l}reup er party te wham the: ai~R pe:lmit
13 1.3.31::1<..a.
(REMAINDER OF SECTION RENUMBERED ACCORDINGLY.)
Bergly also stated that he recommends the "Landscape Plan"
section of the Zoning Ordinance be revised to incorporate
the following items:
- Zoninq Ordinance, Appendix A, Landscape Plan - add
enumerated items 7 - 9 as follows:
7 . Plant materials existing on a site at the time of
development or expansion of structures, may be
used as a credit against the requirements of these
landscape regulations; the City Council shall
determine the extent of the credit allowed, based
on an evaluation of species, size! location,
quality of existing plant materials and the
consistency with the intent of these regulations.
8 . A reasonable attempt shall be made to protect and
preserve trees and incorporate them into the
landscape plan.
.
. Arden Hills council 11 April 12, 1993
9. A landscape performance bond or other acceptable
surety is required for all screening or
landscaping required in this ordinance.
a. The amount of the bond shall be 125% of the
cost of materials and installation.
b. The bond shall be provided prior to the
issuance of any building permits and shall be
valid for one full year from the date of
installation.
Councilmember Aplikowski referred to Sign Ordinance, Section
IX.I.3.c,3. which indicated that an annual permit and fee
shall be valid for up to three special events within 12
months of the permit for school, church, and civic
organizations. She questioned whether that section
correctly reflects the City's intent.
Bergly said that the matter of special event permits was
reviewed by Planning Commission and the language in the
draft reflects their intent. Councilmember Malone said the
policy of allowing three special events in a year has been
. in practice for a while, and appears to be working well. He
recalled that prior to establishing that policy, all special
event signs had to come before Council for approval.
Mayor Sather invited public input. There was no one present
to make comment. The public hearing was closed at 9:02 p,m.
Councilmember Probst stated that he supports adoption of the
revised Zoning Ordinance. He added that at the Planning
Commission level there were very few comments from the
public, except with regard to regulations for exterior
storage and parking of recreational vehicles. He noted that
this final draft incorporates regulations with regard to the
lengths of recreational vehicles.
councilmember Malone said he believes the Planning
Commission has been very responsive to the concerns
expressed by the public with regard to recreational
vehicles. and this final draft will accommodate the vast
ma jori ty of recreational vehi cl es .
Councilmember Probst asked legal counsel if it would be
appropriate to 1 ift the imposed development moratorium after
the new Zoning Ordinance is adopted. City Attorney Filla
answered yes.
.
-.--...---.-
. Arden Hills Council 12 Apri 1 12, 1993
MOTION: Malone moved, seconded by Hicks, to:
- Adopt Ordinance 291 Adding Appendix C to the Arden
Hills Municipal code Relating to Zoning
Regulations, and
- Approve the Summary of Ordinance 291 for
publication and posting, and
- Incorporate revisions to the following sections as
recommended by the City Planner andlor Planning
Commission and outlined in bold face print above:
- Section VI .A. 5
- Appendi:( A, Landscape Plan,
Motion carried unanimously (5-0).
MOTION: Probst moved, seconded by Malone, to lift the imposed
development moratorium effective the day after the
effective date of Ordinance 291. Motion carried
unanimously (5-0).
MOTION: Hicks moved, seconded by Malone, to:
. - Adopt Ordinance 292 Adding Appendix D to the Arden
Hills Municipal code Relating To The Use Of Signs,
and
- Approve the Summary of Ordinance 292 for
publication and posting, and
- Incorporate revisions to the following sections as
recommended by the City Planner andlor Planning
commission and outlined in bold face print above:
- section V.E.
- Section IX.1.3.c.
Motion carried unanimously (5-0).
UNFINISHED AND NEW BUSINESS
CASE 93-01 - REZONING, AMENDED PUD,
FINAL GENERAL DEVELOPMENT PLAN
EDGEWATER ESTATES, 3F.D ADDITION
Planner Bergly recalled that in February 1993, the Planning
Commission and Council approved a Preliminary PUD Plan for
Edgewater Estates. He added that the applicant, Paul
Keleher, representing Edgewater Estates 3rd Addition, in
order to accommodate the proposed townhome development, has
requested the following actions:
. - A rezoning of the 100' X 150' site (previously the old
City lift station site) from R-l to R-3 District
- Approval of an amended PUD General Development Plan
. Arden Hills council 13 Apri 1 12, 1993
Bergly added that the Planning Commission considered this
request at their April 7 regular meeting and, based on the
rationale presented by the city Planner, recommended waiver
of the development moratorium, approval of the rezoning, and
approval of the amended PUD General Development Plan with
the following conditions:
1. Submission of an amendment to the Edgewater Estates
Townhouse Association By-Laws (and approval of such
amendment by the City Attorney) which clearly defines
the Association's responsibility for maintaining or
replacing landscaping in the drainage and utility
easements if the City is required to perform utility
maintenance work within the easement which results in
damage to the landscaping.
2 . The applicant utilize erosion control methods outlined
by the Planning Commission to stabilize soils within 72
hours of completion of final grading of the site.
Bergly stated that the applicant has indicated that he
accepts the conditions listed above. Bergly suggested the
. City Attorney be involved in making sure the conditions are
handled properly.
Administrator Person stated that approval should be subject
to the closing or the property sale.
Bergly explained that condition 2 above stems from Planning
Commission member Rye's suggestion that, as an erosion
control measure! a fast-germinating grass seed be planted to
stabilize graded areas. Councilmember Hicks stated that his
understanding was that the fast-germinating grass seed is to
be used only as an interim measure until the graded areas
are sodded.
MOTION: Malone moved, seconded by Probst, with regard to Case
93-01, Edgewater Estates Third Addition, to waive the
development moratorium, and approve a rezone rrom R-1
to R3. Motion carried unanimously (5-0) .
Council directed City Attorney to prepare an appropriate
rezoning ordinance.
MOTION: Malone moved, seconded by Hicks, with regard to Case
93-01, Edgewater Estates Third Addition, to approve
(subject to the cl osing of the property sale) the
Amended PUD, Final General Development Plan for two
. additional townhouse units, based on the rationale
listed in the City Planner's report dated 4/7/93, with
the two conditions noted in bold face print above.
Motion carried unanimously (5-0) .
. Arden Hills Council 14 April 12, 1993
COUNCIL COMMENTS
SIGN AND ZONING ORDINANCES
Councilmember Malone thanked the Planning Commission for a
superb job in compiling the revised Sign Ordinance and
Zoning Ordinance.
JOINT USE OF TCAAP PROPERTY
Councilmember Probst stated that he is a strong advocate of
cooperative efforts toward joint use of the Twin cities Army
Ammunitions Plant (TCAAP) property, but he is concerned with
language which has appeared in some of the correspondence
regarding the property. He cautioned staff to be prepared
to respond quickly and appropriately in continued
correspondence and discussions regarding the TCAAP property
so that the status of the property is properly conveyed.
Councilmember Malone commented that it is surprising that
although the City of Arden Hills has always been responsible
. over the years to deal with matters regarding reviews for
various approvals and matters of a tax nature, now some
parties apparently do not believe Arden Hills has any
control over the TCAAP property even though the State, by
its behavior over the years, has acknowledged the City's
control.
MOTION: Probst moved, seconded by Aplikowski, to direct staff
to be prepared to respond quickly and appropriately
with regard to continued correspondence and discussion
regarding the TCAAP property to assure that the status
of the property is properly conveyed. Motion carried
unanimously (5-0) .
COMMITMENT TO PARKS AND RECREATION
Councilmember Probst reported that at the last meeting of
the Parks and Recreation Committee, there was concern
expressed as to the City's commitment to Parks and
Recreation since the departure of former Parks and
Recreation Director Buckley.
Councilmember Malone recalled that several persons in the
Parks and Recreation area approached Council about a year
ago with this same concern. He said that to dispel those
concerns, he would remind those concerned that the Council's
. commitment to Parks and Recreation can be evidenced by
recent si gni fi can t increased funding for Parks and
Recreation.
.
. Arden Hills Council 15 April 12, 1993
MOTION: Probst moved, seconded by Hicks, that consistent with
recent strategic planning efforts and our vision for
the City of Arden Hills, the City Council hereby
affi rms its commitment to the Parks and Recreation
programs now in place and encourages the expansion of
programs within the 1 imita ti on of our financial and
personnel resources. Further, that the counci 1 support
a deliberative process to assure the selection of the
best and most appropriate person(s} to foIL ow Mr.
Buckley. Motion carried unanimously (5-0)
FREELANCE PEDDLERS
Councilmember Malone said he learned that freelance peddlers
were in the City over the Easter weekend selling flowers,
etc. He expressed his opinion that such activity is unfair
to taxpaying businesses in the City, and suggested staff
bring this matter to the attention of Ramsey County
Sheriff's Department.
MOTION: Malone moved, seconded by Hicks, to direct staff to
. advise Ramsey County Sheriff's Department to
aggressively enforce rules against freelance peddlers
within the City. Motion carried unanimously (5-0).
RESPONSE TO CITIZEN LETTERS
Councilmember Hicks referred to comments received this
evening during the 1993 Pavement Maintenance public hearing
to the effect that citizens have sent correspondence to the
City and received no response. He said he believes the City
does a good job responding to citizens, and it is an
important public relations effort to do so. He suggested
that staff respond to all citizen correspondence informing
the writer as to when their concern will be addressed, or at
a minimum to inform the writer that their letter was
received. Counci 1 concurred.
AD.mURN
MOTION: Malone moved, seconded by Hicks, to adjourn the meeting
at 9:27 p.m. Motion carried unanimously (5-0),
Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator
.
, . ,
. Arden Hills Council 16 April 12, 1993
NOTICE OF MEETINGS:
The next Council worksession will be held at 4:30 p.m., April 20,
1993 at City Hall.
The next regular Council meeting will be held April 26, 1993 at
7:30 p.m. at City Hall.
.
.
----.--
. 1993 BUSINESS LICENSES FCR 1lPPRlJI7AL BY CDl.lN::IL M' THE REGIJLAR CITY
CDl.lN::IL HE:E'l'DG OF AHln. 26. 1993.
NAME OF BUSINESS TYPE OF LICENSE
TCII'AL MARr SERVICE STATION, 9 SIGNS, RErAn. SALES,
CIGAREITE VENOrnG, GIlOCERY SIORE
INI'ERNATIONAL PAPER SIGNS, CIGARElTE VENOrnG
DYNAM1IRK SIGN
CARROLL I S FINE FURNITURE SIGNS, REI'AIL SALES
ARDEN HILI.S AMXD SIGNS, SERVICE STATION, GIlOCERY
.
.
.
------ -.-------
.
. 93-29
RESOLUTION NO.
RESOLUTION RELATING TO DEVELOPMENT DISTRlcr NO.1, TAX
INCREMENT FINANCING DISTRlcr NO.3; ADOPTING AN AMENDMENT
TO TIlE DEVELOPMENT PROGRAM AND APPROVING A TAX
INCREMENT FINANCING PLAN THEREFOR AND THE EXECUTION AND
DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The City, pursuant to Minnesota Statutes, Sections 469.124 to 469.134, as
amended, has designated a development district within the City, denominated Development District
No.1 (the "Development District"), adopted a development program therefor (as amended to date,
the "Original Development Program"), and has established two tax increment fmancing districts
therein. Officers of the City and Ehlers and Associates, Inc. have prepared an amendment to the
Original Development Program for the Development District, denominated the Modified
Development Program for Development District No. 1 (as so amended, the "Development
Program"), which authorizes additional development activities within the Development District.
The Development Program has been transmitted to the planning agency of the City, which has
determined that the Development Program conforms to the general plan for the development of the
City. Pursuant to Minnesota Statutes, Section 469.126, the adoption of the Development Program
. is for the consideration of this Council. On Apri126, 1993, this Council conducted a public
hearing on the desirability of adopting the Development Program. Notice of the public hearing was
dulypublishedasrequiredby.lawin New Bri~hton Bulletin , the official
newspaperoftheCity,on 4/14 ,1993.
1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minrtesota Statutes,
Sections 469.174 to 469.179, as amended (the "Act"), officers of the City and Ehlers and
Associates, Inc. have prepared a tax increment financing plan (the "Plan"), which is now before
this Council for approval. The Plan was prepared in conjunction with the amendment to the
Original Development Program referred to in Section 1.01 and is the proposed method for
financing the development activities currently proposed to be undertaken pursuant to the
Development Program. The proposed tax increment financing district (the "District") comprises
certain property within the Development District as described in the Plan.
1.03. Members of the Board of County Commissioners of Ramsey County and of the
Board of Education of Independent School District No. 621 have been given an opportunity to
meet with the City and comment on the Plan. Pursuant to Minnesota Statutes, Section 469.175,
Subdivision 3, this Council on April 26, 1993, conducted a public hearing on the desirability of
approving the Plan, in conjunction with the public hearing conducted on the proposed
Re~eiEFmeWtProgrifu11 :NR:tic~ of the public hearing was duly publish17\ required by law in the
~g OTI U e ~1fue official newspaper of the City, on 4 ,1993.
Section 2. Adoption of Develonment ProlP"am. On the basis of the proposed Development
Program prepared by officers of the City and the information elicited from consultation with the
planning agency and at the public hearing referred to in Section 1.01, it is hereby found,
determined and declared:
.
--..-- .~
. 2.01. The Council hereby determines and declares that there is a need for new
development in that part of the City comprising the District to provide employment opportunities,
to improve the tax base and to improve the general economy of the state. The Development
Program proposes that the City pay for the costs of the acquisition of certain property and the
construction and installation of certain site and utility improvements to encourage the construction
of a low and moderate income rental housing project in the District. The Council hereby fmds that
the proposed Development Program would improve the Development District by encouraging
private development of property therein, thereby increasing employment opportunities and the tax
base of the City and overlapping taxing jurisdictions. It is in the best interests of the City to adopt
the Development Program.
2.02. Upon review of the Development Program, the information elicited from the
planning agency and at the public hearing, and on the basis of the findings made in Section 2.01,
this Council hereby adopts the Development Program and orders that the Development Program be
placed on file in the office of the City Clerk.
Section 3. A1;Jproval of Tax Increment Financin2' Plan for the District. On the basis of
the Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby
found, determined and declared:
3.01. The Plan provides the means to finance certain capital and administrative costs of
the Development District, including the acquisition and improvement of the property located in the
District. The Plan contains a statement of objectives for the improvement of the Development
District, a statement as to the development program for the District and a statement of the property
within the Development District which the City intends to acquire. The Plan also estimates the
capital and administrative costs of the Development District, including the amount of administration
. expenses, the amount of bonded indebtedness to be incurred, the sources of revenues to finance or
otherwise pay public costs of the District, the most recent net tax capacity of taxable real property
within the District, the captured net tax capacity of the District at completion and the duration of the
District. The Plan also describes and identifies the development activities to be undertaken or
expected to be undertaken in the District. The Plan further contains an estimate of the impact of the
proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the
District is located. All the captured tax capacity is necessary for the objectives of the District.
3.02. This Council hereby finds that the District is a geographic area within a "project"
as defmed in Minnesota Statutes, Section 469.174, Subdivision 8, and is a proper tax increment
financing district within the meaning of Section 469.174, Subdivision 9. The Council further
fmds that the establishment of the District is in the public interest because the project to be
undertaken therein is intended for occupancy, in part, by persons or families of low and moderate
income, as defined in federal housing statutes, and no part of the project consists of commercial or
other uses. Therefore, the District qualifies as a "housing district" within the meaning of
Minnesota Statutes, Section 469.174, Subdivision 11. The income limitations of Section
469.1761 of the Act are applicable to tenants in the project, because the District is not located in a
targeted area as defined in Minnesota Statutes, Section 462C.02, Subdivision 9, clause (e).
3.03. This Council hereby finds that the proposed low and moderate income rental
housing project to be encouraged pursuant to the Development Program would not, in the opinion
of this Council, occur solely through private investment within the reasonably foreseeable future
and that therefore the use of tax increment financing is deemed necessary. No developer has
. -3-
..--
.
. expressed an interest in developing the unimproved land that comprises the District. Without tax
increment financing of the costs of the land acquisition and site and utility improvements proposed
by the Development Program, private investment would not develop the District within the
reasonably foreseeable future.
3.04. This Council hereby fmds that the Plan conforms to the general plan for the
development of the City as a whole. Under the general plan for the development of the City the
District is zoned R - 3 , permitting the uses proposed by the
Development Program.
3.05. This Council hereby finds that the Plan will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the development of the District by
private enterprise. The development activities contemplated in the Development Program would
provide an opportunity for a significant increase in employment opportunities in the City and
enhance the tax base of the City.
3.06. Upon review of the Plan, the information elicited at the public hearing and on the
basis of the fmdings in Sections 3.0 I to 3.05, this Council hereby approves the Plan and the
establishment of the District as a tax increment financing district in the City, to be denominated
"Tax Increment Financing District No.3."
Section 4. Filin2'. The City Clerk is hereby authorized and directed to me the Plan and
the Development Program with the Commissioner of Revenue as required by Minnesota Statutes,
Section 469.175, Subdivision 2.
Section 5. ImDlementation of Develollment Prol1Tam and Annroval of Documents. The
. Council authorizes and directs officers of the City to proceed with implementation of the
Development Program, and to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
In this regard, there has been presented to this Council:
(1) a draft of a Contract for Private Development in Development District
No. I (the "Contract for Development") proposed to be entered into between the
City and Cottage Lifestyles Incorporated (the "Company"), pursuant to which the
City would agree to finance the acquisition of the project site and certain site and
utility improvements relating thereto by reimbursing the Company for such costs
from available tax increment revenues from the District, and the Company would
agree to undertake development of the rental housing project; and
(2) a draft of a Declaration of Covenants (the "Declaration") to be executed
by the Company and to implement the income requirements of Section 469.1761 of
the Act.
The forms of the Contract for Development and the Declaration are hereby approved and the Mayor
and the City Administrator are hereby authorized and directed to execute the Contract for
Development on behalf of tbe City, with such modifications and amendments thereof and deletions
. therefrom as the Mayor or the City Attorney shall approve. The execution of the Contract for
. -4-
.
," I
. Development by such officers of the City, or other appropriate officers acting in their capacities in
the events of their absence or disability, shall be conclusive evidence of the approval of and
authorization by the City and this Council of the Contract of Development so executed and of the
Declaration.
Mayor
Attest
City Administrator
.
. -5-
.
. CERTIFICATE AS TO RESOLUTION
I, the undersigned, being the duly qualified and acting recording officer of the City of
Arden Hills, Minnesota (the "City"), hereby certify that the attached resolution is a true copy of
Resolution No. ~ entitled: "RESOLUTION RELATING TO DEVELOPMENT DISTRlcr
NO. I, TAX INCREMENT FINANCING DISTRlcr NO.3; ADOPTING AN AMENDMENT
TO TIlE DEVELOPMENT PROGRAM AND APPROVING A TAX INCREMENT
FINANCING PLAN TIiEREFOR AND TIlE EXECUTION AND DELIVERY OF CERTAIN
DOCUMENTS IN CONNECTION TIlEREWITH" (the "Resolution"), on file in the original
records of the City in my legal custody; that the Resolution was duly adopted by the City Council
of the City at a meeting on April 26, 1993, and that the meeting was duly held by the City Council
and was attended throughout by a quorum, pursuant to call and notice of such meeting given as
required by law; and that the Resolution has not as of the date hereof been amended or repealed.
WITNESS my hand officially this...1&. day of April, 1993.
City Administrator
.
.
.
"'
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April 16, 1993
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
RE: (1) First Quarter 1993 Contribution to Arden Hills Fund
( 2 ) Verification of Trade-Area Donations
In accordance with City Ordinance No. 265, we are contributing
$2,281 to the Arden Hills Fund. The enclosed amount represents
10% of this quarter's net profit after taxes. Because we were
unable to operate bingo during the month of January, our
contribution is much smaller than normal. However, we did make
our usual donation of $3,000 during the first quarter to the
.. City of Arden Hills Parks and Recreation Department.
Copies of the January, February, and March 1993 Minnesota monthly
tax returns are attached. These documents verify our
organization's charitable gambling activity within the City of
Arden Hills during this past quarter.
Furthermore, we are pleased to report that the Light Brigade
has made lawful purpose donations of $33,014 during the first
quarter, of which $27,414 (83%) was made in the Arden Hills trade
area. The enclosed Lawful Purpose Expenditure returns (Schedule
C's) serve as verification of these donations.
Sincerely,
LIGHT BRIGADE, INC.
}
,
Manager
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