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HomeMy WebLinkAbout09/16/1997 TENTATIVE AGENDA September 16, 1997 Page -2- 14] General Business A] Community Development *1. Extension of Preliminary Plat Approval for Dominion Hills 2. Park Dedication Fees for Minor Subdivisions in Valley Park 12th Addition *3. Variance to Cul-de-sac Right-of-way Requirement-Res.No. 4742 B] Engineering *1. Authorize Advertisement for Bid for 16 Foot Rotary Mower *2. Purchase of Box, Hoist, Plow, Wing and Sander for Two Single Axle Dump Trucks *3. Relocation of Stop Signs at Horizon Drive and Muhlenhardt Road Intersection *4. Setting Assessment Hearing for Valley Park 13th Addition Improvements, Project No. 1996-8 -Res. 4738 *5. Setting Assessment Hearing for Lateral Sanitary Sewer Extension East of French Trace, Project No. 1996-9 -Res.No. 4739 6. Setting Assessment Hearing for Sarazin Street, Roundhouse Street and 4th Avenue, Project No. 1994-10 -Res.No. 4740 *7. Setting Assessment Hearing for Fuller Street Improvements from 10th Avenue to Vierling Drive, Project No. 1995-8 -Res.No. 4741 8. Settlement of Claims for Upper Valley Drainageway, Project 1993-3 C] Police and Fire *1. Minn. Dept. of Public Safety Grant for Car Prowl Reduction- Res. No. 4743 D] Park and Recreation 1. Agreement for the Preserve Golf Course Tunnel E] General Administration 1. City Administrator's Annual Salary Adjustment 2. Amending the Personnel Policy Relating to the Family and Medical Leave Act Policy - Res. 4736 3. City Code Amendment Relating to Licensing Massage Centers and Therapists *4. Pawnbroker License -DRM LLC of Shakopee *5. First November Meeting - Date Change - Res.No. 4737 *6. Exemption from Lawful Gambling License- Shakopee Chamber of Commerce 15] Other Business 16] Adjourn to Tuesday, September 30, 1997, at 5:00 P.M. TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 16, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda • 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: August 7, 1997, and August 19, 1997 *10] Approve Bills in the Amount of$1,275,483.45 11] Communications 12] 7:00 P.M. public hearing regarding the proposed issuance of$3,544,900 Scott County HRA Revenue Bonds/City of Shakopee General Obligation Bonds, Series B to finance the acquisition and construction of a 52-unit senior housing facility to be located on Blocks 3 &4; Resolutions: a. No. 4744, Approving City general obligation pledge to Series B bonds b. No. 4745, Approving development agreement with County HRA c. No. 4746, Approving TIF Plan for District No. 10 13] Recommendations from Boards and Commissions A] Text Amendment to Zoning Chapter Regarding Home Occupations - Ord. No. 501 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting Tuesday, September 16, 1997 1. Roll Call at 7:00 p.m 2. Approval of the agenda 3. Approval of August 19,and September 2, 1997 minutes 4. Financial A.)Approval of Bills 5. Public Hearings-Blocks 3 &4 A.)Ground Lease between Shakopee EDA and Scott County HRA B.)Master Lease 6. New Business-Blocks 3 &4: A.)Resolution approving Development Agreement between the Shakopee EDA,City of Shakopee and the Scott County HRA B.)Resolution modifying the TIF Plan for TIF District No. 10 7. Other Business: 8. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN ADJOURNED REGULAR SESSION AUGUST 19, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Sweeney called the meeting to order at 7:03 P.M. Roll was taken as noted above. 2. Approval of Agenda Zorn/Henderson moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of July 15,1997 Minutes Henderson/Link moved to approve the July 15, 1997, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills DuBois/Zorn moved to approve bills in the amount of$223.89 for the EDA General Fund and $8,899.30 for the Blocks 3 &4 Fund. Motion carried unanimously. B. Request from Shakopee '84 Partnership for Payment Paul Snook stated that the Shakopee '84 Partnership wishes to close out the rehabilitation grant program agreement and requests payment in the amount of$18,436.37. He reported that lien waivers have been received and that staff has examined the property and agreed that the work is completed. Henderson/Zom moved to approve the request for payment of the rehabilitation grant claim of Shakopee '84 Partnership, LLP in the amount of$18,436.37. Motion carried unanimously. Official Proceedings of the August 19, 1997 Shakopee Economic Development Authority Page -2- 5. Blocks 3 & 4 Project A. Order Public Hearing for 9/16 Regarding the Ground Lease Mark McNeil stated that the EDA is required to order a Public Hearing regarding the ground lease to the Scott County HRA. The recommended date is September 16 at 7:00 P.M. Henderson/Zom moved to order a Public Hearing for September 16, 1997, at 7:00 P.M. regarding the ground lease to the Scott County HRA for the Blocks 3 &4 project. Motion carried 3-1 with Comm. DuBois abstaining and Comm. Link opposed. B. Development Agreement Update Mark McNeil explained that negotiations between the Scott County HRA and the EDA are continuing, for a development agreement for Blocks 3 &4. A draft agreement is expected to be available at the September 2 EDA meeting. A discussion ensued relating to hiring an independent CPA to review the numbers in the development agreement. Link/Henderson moved to direct staff to hire an independent CPA to review the bond figures and to determine the risk to the tax payers, based on the numbers. A discussion ensued regarding the definition of subsidy, what would happen if the total rental income with the bond subsidy from the HRA were insufficient to meet the debt service on bonds, and the effect of this on the City. Comm. Link was directed to work with staff and the CPA to make sure that his questions are addressed. Motion carried 4-1 with Comm. Zorn opposed. Mark McNeill stated that due to a time issue, staff will get three proposals for a CPA and analyze them in order to make a recommendation prior to the public hearing. C. Clock Update Paul Snook reported the Downtown Council is still committed to funding the clock with an initial $7,000, and is willing and ready to solicit other organizations and business to raise additional funds. Staff contacted Dunbar Development to establish an estimated cost of a clock. Two options were presented. Option 1 places the clock on the skyway structure, and Option 2 places it over the elevator shaft. The EDA would be asked to pay for extra design costs of$5,000 for Option 1, and $2,500 for Option 2. The estimated project cost for Options 1 and 2 is $35,000. Official Proceedings of the August 19, 1997 Shakopee Economic Development Authority Page -3- Zorn/DuBois moved to adopt Option 1, placing the clock tower above the skyway, at a cost not to exceed $5,000 for design costs. A discussion ensued regarding the placement of the clock tower and design costs. Motion carried unanimously. 6. Workforce Development Center - Presentation by Jim Murphy and Jon Albinsoo Jim Murphy, Shakopee Public Schools, approached the podium to present a Workforce Development Training Center concept. He said this could have a significant economic and educational impact on Shakopee. He explained that this idea came about after manufacturers identified concerns about the labor pool and the need for higher-skilled workers, and the lack of workers in Scott County with those higher skills. A number of representatives from the Shakopee School District, the City of Shakopee, Savage, and local manufacturers have been discussing a Workforce Development Center to deal with the skill deficiency problem. The purpose of the center would be to develop cooperative training projects that provide training for new jobs and or retain existing employees. Mr. Murphy described the center as a one stop training and employment center. Customized training would be provided as well as apprenticeships, vocational programs, work grants, and welfare-to-work programs. The goal is to retain and attract businesses to the area. A proposed site for the center is along County Road 83. Construction is expected to begin in the spring of 1998 and occupation is anticipated by September 1998. Jon Albinson, Valley Green Business Park, approached the podium and discussed funding. Estimated costs are from $1.6 to $2 million for a shell building and the agencies involved in this would be using their own funding to build within the building. He added that mechanisms for funding are not clear at this time. However, they are looking at the possibility of working with the City of Shakopee and the EDA to design and build the center, and to sell bonds, and to work with Scott-Carver Coop to handle leases with sub- agencies. 7. FY '98 EDA Operating Budget Gregg Voxland said there are only two items of revenue proposed for 1998 with $18,000 in interest. The tax levy amount is the same as for payable 1997 taxes. Zorn/Henderson offered Resolution Number 97-8, A Resolution Requesting the Shakopee City Council to Consent to the Levy of a Special Tax by the Economic Development Authority for the City of Shakopee and Adopting the 1998 Budget, and moved its adoption. Official Proceedings of the August 19, 1997 Shakopee Economic Development Authority Page -4- President Sweeney suggested a contingency item under expenditures, explaining that if the Workforce Center is developed and the City is asked to contribute to it, there would not be anything to contribute from the 1998 budget. Henderson/DuBois to amend the Resolution by placing a contingency item in the 1998 proposed expenditure budget in the amount of$25,000. Motion carried unanimously. The main motion, as amended, carried unanimously. 8. Work Session for Rehab Financial Incentive Program and Related Design Guidelines Paul Snook reported that staff has obtained information on various financial incentive programs for building restoration, and related design guidelines, requested and received three design guideline proposals, and prepared an outline of issues and concerns regarding the current rehab grant program, and recommendations for a more effective program and related design guidelines. A Work Session to review the current Rehab Grant Program and related design guidelines, and to consider alternatives was requested. Zorn/DuBois moved to establish a Work Session on September 9, 1997, at 4:00 P.M., to review the current Rehab Grant Program and related design guidelines, and consider alternatives. Motion carried unanimously. 9. Small Cities Development Program Paul Snook reported that the Economic Development staff recently met with Scott County HRA to discuss the possibility of working together in applying for a Small Cities Development Program (SCDP) grant to the Minnesota Department of Trade and Economic Development (DTED). He said this is an effective tool for the comprehensive revitalization of downtown Shakopee, and would complement the Blocks 3 & 4 development. He anticipates applying for a grant review for the fall of 1998. The program is divided into three categories: Housing Grants, Public Facility Grants, and Comprehensive Project Grants. He said the Comprehensive Grant would be the most viable as the Department of Transportation and Economic Development views it as the most competitive. Advantages to Shakopee include the enhancement of the restoration and rehabilitation of existing buildings; improved housing conditions and opportunities in and around the downtown area; and possible infrastructure improvements. Zorn/DuBois moved to direct staff to pursue an SCDP grant by preparing and submitting to DTED a Part I Application, and to work with Scott County HRA staff in selecting a consultant to start the Part II Application process. Motion carried unanimously. Official Proceedings of the August 19, 1997 Shakopee Economic Development Authority Page -5- 10. Adjournment Link/Henderson moved to adjourn to August 21, 1997, at 4:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:24 P.M. AO' tet, ).-. a/ C-, Iith S. Cox • �►.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION SEPTEMBER 2, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Steve Bubul, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:01 P.M. Roll was taken as noted above. 2. Approval of Agenda Henderson/Link moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of August 5, 1997, Minutes A correction was made to the August 5, 1997, minutes, changing 2,500 square feet in the fourth paragraph on page four to 25,000 square feet. Zorn/Henderson moved to approve the August 5, 1997, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills DuBois/Link moved to approve bills in the amount of$18,484.61 for the EDA General Fund and $1,288.40 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. Blocks 3 & 4 A. Financial Update Mark McNeil gave an update, explaining that the EDA previously authorized up to Oficial Proceedings of the September 2, 1997 Shakopee Economic Development Authority Page -2- $900,000 to be loaned from the TIF District No. 1 account to pay for partial acquisition and clearance of Blocks 3 &4. To date, $500,000 has been transferred, leaving a project fund balance of$18,066. He said the amount may or may not need to be increased, depending on the outcome of the remaining condemnation awards. Based on the projections, Gregg Voxland said additional funds will not be needed. He added that approximately $300,000 will likely be repaid this year through tax increment income. B. Development Agreement Paul Snook reported that the respective staffs of the City and HRA have arrived at a Development Agreement for discussion. Steve Bubul, City Attorney, presented the Development Agreement's major points, focusing on Articles III and IV. He said the EDA will own the land and enter into a ground lease with the County HRA. The County will then enter into a master lease agreement with an entity created by Suntide Realty to operate the retail portion. He added that both the ground lease and the retail lease in final form, will be subject to City and EDA approval. The terms of the ground lease will continue through the year 2037 (10 years beyond duration of bonds). Ground lease payments will be $1 per year until October, 2027. Lease payments for the first ten years will be $8.50; $9.50 for the second ten years; and $10.00 for the third ten years. The tenant will have a right of first refusal to purchase all or any part of the Authority's leasehold interest in the event the Authority receives a bona fide purchase offer they want to accept. The partners or shareholders of the tenant shall guarantee lease payments required to be made by the tenant, subject to a cap equal to one and one-half year's lease payments for the first year, and one year's lease payments for subsequent years. The partners or shareholders of the tenant shall submit to the Authority in each year during the term of the lease, a statement of account to the effect that the net worth of such partners equals or exceeds $5,000,000. (Four specific persons will be named.) A discussion ensued relating to the waiving of certain fees, otherwise chargeable in connection with the Project: Permit Fee, C.O. Charge, Plan Check, Grade/Survey Check, and City SAC. There was a consensus not to waive the City SAC charges of approximately $14,000. Waiving these charges would result in billing the residents for higher user fees over time. (The total amount the City would be asked to waive would be approximately $30,000.) [Section 3.4 of the draft agreement] Official Proceedings of the September 2, 1997 Shakopee Economic Development Authority Page -3- The Development Committee, comprised of five members, is to remain in effect as long as the bonds, pledged remain outstanding. The HRA shall submit to the Development Committee for review and approval, any change orders that affect the design. Following the completion of the project, the HRA shall also submit annual budgets to the Development Committee for review. [Section 3.5 of the draft agreement] Series A and B Bonds will be issued to finance the construction and equipping of the Housing Facility. Series A Bonds are gross revenue bonds secured by a first lien on the gross revenues of the Housing Facility in favor of the bondholders. Series B Bonds will be issued upon completion of procedural requirements, and will be secured by a lien on net revenues of the Housing Facility, and a pledge of full faith and credit of the City. Series C Bonds will be issued to finance the construction of the Housing Facility as well as a portion of the Retail Facility. These will be secured solely by a pledge of $123,000 of the Authority's special benefits tax from 1998 through 2028. Series D and E Bonds will finance the construction and equipping of the Retail Facility. Series F Bonds will finance the construction and equipping of the Public Facility. Series D Bonds will be gross revenue bonds secured by a first lien on gross revenues of the Retail Facility, and a leasehold mortgage on the Retail Facility. Series E and F Bonds will be secured by a lien on net revenues of the Retail Facility, a pledge of the Authority of its right, title and interest in and to a General Obligation Note, and an Assignment of Pledge Agreement by the City in favor of the Authority. [Sec. 4.5] Mr. Bubul explained how any Surplus Revenues would be used. [Sec. 4.6] A discussion ensued relating to payment obligations, paying off revenue bondholders, and taking over property options as a second mortgage holder. Mr. Bubul explained that the Authority will manage or hire someone to manage the Project. [Sec 4.7] Article VI addresses property taxes and pilot payments. Mr. Bubul said the Housing Facility will be exempt from property taxes but will be required to make payment in lieu of taxes at five percent of shelter rent. (Shelter rent is the rent minus utility costs). A discussion ensued regarding shelter rent. Mr. Bubul will look into a clear definition of shelter rent. The Retail Facility will be subject to real property taxes and may not challenge taxes to reduce them below market value. Official Proceedings of the September 2, 1997 Shakopee Economic Development Authority Page -4- In response to a question as to how Tax Increment goes from the EDA to the Project, Mr. Bubul said the Tax Increment is paid to the EDA by the City. The EDA pledges Tax Increment generated by the District in the amount of 20 percent of the debt service (on the Series E Bonds and Series F Bonds) to the City, and the City gives a note to the HRA, who then assigns it over to the Bond Trustee. 6. Downtown/lst Avenue Ad Hoc Committee Paul Snook reported that 12 applications have been received for the Downtown/lst Avenue Ad Hoc Committee. There are four additional prospective volunteers that have indicated they will be submitting applications within the week. One of the four has already been received, and assuming the other three applications are submitted, the total number of applicants is 16. Four options to nominate and appoint applicants were discussed. A discussion followed, relating to concern for the number of applicants. DuBois/Link moved to nominate all 13 applicants to the Downtown/ 1st Avenue Ad Hoc Committee. APPLICANTS S. John Roach Attorney Betti Lu Mueller Betti Lu's Bruce Gayness Shakopee Bakery Gary Turtle Turtle's Bar& Grill Dave Jansen Patrick Schroers The Tole Bridge Art Gallery Mark Kuechenmeister Parkside Printing Inc. Carol Schultz Chamber of Commerce John Perry Insurance Agent Tammy Jesme Investment Representative James Quiring Pearson Florist David Forbes Pilot Steve Berens Country Medical Motion carried unanimously. Zorn/DuBois moved that a Selection Committee comprised of an EDA board member and a City staff member interview all applicants and recommend a slate of seven to become Ad Hoc Committee members, to be brought back to the EDA at a future meeting for final approval. Official Proceedings of the September 2, 1997 Shakopee Economic Development Authority Page -5- Henderson/DuBois moved to amend the motion to state that the Chair will appoint two members of the EDA to work with City staff as the selection committee. Motion carried unanimously. The motion, as amended, carried unanimously. Pres. Sweeney appointed Comms. DuBois and Zorn as the EDA members to serve on the Selection Committee. Both Comms. accepted the appointment. 7. Adjournment Zom/Henderson moved to adjourn to September 9, 1997, at 4:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:10 P.M. pv,,,CtL . 3/6 ith S. Cox DA Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 11, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 08/29/97 to 09/11/97 . Action Requested Move to approve bills in the amount of $97 . 63 for the EDA General Fund and $00 . 0 for the Blocks 3&4 Fund. 0 0 0 0 0 0 0 0 II E+ 0 0 0 0 0 0 0 0 II H • II O 0 0 0 0 0 0 0 0 II W U CO to 03 N M M M M 11 co a0 N k.0 \O l0 ' E+ II • - • • H O N WO N N N N N II CA H N N M O\ O1 O1 O1 n W 0 $ II H II 0l Ul II CI 0n n DODO 0 CO rn 4v) N W W El El IX h 0 d1' 0 H a w N a rn U Ww Z 01 Z H -O N H Inxo' z -a\H M W CO R: Ulw 1-I W EI 0 Ix L, w N4 X m WO 0; H 0 U O N aH H O E-. O C() w al al N :4 0 H a W CO El I:4 U3 mx U H 0 mOa • m 00 4 • m 0 4 U H 16 El a' FC O Q Z H CO W c0 0 In ao a) N H O W a' W W W xo In I U Z 0 0 N N N N CA CA CA 01 CA 01 CA 01 H HHH ��� H 01 H O (x] MOMO El \\\\ 4 CO O1 CO 01 O 0 0 0 0 * * * * H is) 01 01 H * H H H 0 * Z o 0 * H H O 0 Ai H a al N N In 111 Ix al W 4 O d• d• d 0 rX H 0 0 OHHRH a 0 cx IX O T 01 01 O1 A a 0000 t0 r0 H O 0 0 H H H H 4 .1 O u1 In In to Ey H * * Z HHHH 0 0 * * Ii, HH HH El Ey * * SEP 12 '97 02:28PM EHLERS & ASSOCIATES LEADERS IN PUBLIC FINANCE September 8, 1997 Mr.Mark McNeill City Administrator City of Shakopee 129 Hobn es Street South Shakopee,MN 55379 Dear Mark: This letter is intended to serve as a brief overview of the River Center project proposed to be financed by the Scott County Housing and Redevelopment Authority(HRA)and the City of Shakopee. The goal of our overview is to compare the project to industry standards,demonstrate the City's range of financial risks,and offer recommendations to reduce the risks to the City and increase the efficiency of the financing,should the City proceed with the project. Summary Based upon currently available information,we believe that this project is within industry standards for HRA/City owned and financed redevelopment projects,subject to the minor recommendations listed below. It is important to note that industry standards HRA/City redevelopment projects arc different than for the private market,because cities and HRAs typically invest in redevelopment projects for different goals than the private market. Specifically,the industry standards differ as follows: f The term of the financing in HRA owned projects(30 years in this case)are longer than a typical housing or commercial development(usually 15 to 25 year terms) • The risk of negative cash flow in HRA owned developments is usually higher because the higher amount of debt in housing and redevelopment efforts means that occupancy levels must be higher in order to break even. • The financial"up-side"is less for HRA-owned projects than private development projects because a public entity is less likely to increase rental housing rates to match market increases and because,in the case of the River Center project,the commercial rents are fixed for the term of the financing(the lack of an"up-side"also reduces the potential for negative cash flow). The major benefits to the HRA and City are the policy objectives which are reached through the redevelopment in the short- term and the potential for sale of the commercial portion at a profit to the City/HRA in the long-tam. Generally,our experience and the data supplied to us on the River Center project indicates that the chance of significant financial risk to the City on the housing portion of the developmentis not great,boring unforseen construction,design,or management defects. There is,however,a fairly high chance of required future contributions by the City if one or snore of the following circumstances occur: • Occupancy levels for any year after initial lease-up average less than 92%(more than 5 units/garages 1 OFFICES IN MINNEAPOLIS,MN AND BROOKFIELD,WI 2950 Norwest Center•90 South Seventh Street•Minneapolis,MN 55402-4100 Telephone 612-339-8291 •FAX 612-339-0854 SEP 12 '97 02:29PM EHLERS & ASSOCIATES P.3,7 • empty per year). ♦ The operating budget is more than 8%higher than projections,without a corresponding increase in rent. • The rents are not increased by at least 2%per year. Usually shortfalls occur early in the life of housing wilts. These shortfalls can become chronic if rents cannot be increased to compensate or management or design defects are not corrected. The retail portion of the project is less likely to encounter short-tern cash shortfalls,but has a greater potential for more significant risk to the City,specifically if the master tenant decides that it is more financially prudent to pay the one year's guaranteed lease payments and terminate the master lease. This scenario is possible if the lease rates are too high for the Shakopee market and/or one or more of the master tenant's operations or investment group is no longer in the retail business and a suitable substitute cannot be found. If the master tenant were to default,it is important to note that the HRA and ultimately the City would be faced not only with debt service requirements,but probably capital investment for reconfiguring or improving the tenant space. There also is a possibility of a shortfall in the project if tax increment receipts are less than anticipated due to state law changes in the property tax class rates for commercial property. It is our understanding that the actual tax increment will be higher than originally anticipated and may provide some coverage for the G.O. Bonds. The final amount of tax increment is not yet known due to uncertainty over the minimum market value agreement with the master tenant. We do rcconunend that the City find an alternative to the variable rate bond for the gross revenue bond (Series D)proposed for the retail portion of the development. It is common for private developers to borrow funds with a amortization of 25 years and a balloon payment in five to seven years at which time the rate is reset or the loan expanded for other improvements. This structure,although used occasionally,is not typical for municipalities and does subject the City to risk if the interest rates arc much higher at the time of the refinance than they are now. The variable rate debt is particularly troublesome because the master tenant lease rates are fixed for 30 years. Despite the negative tone of our comments,the market studies and financial data as well as our cursory review of the project and players involved indicate that the project has a very good probability that projections will be realized and the City will not be required to fund significant shortfalls. We do want to add the caveat that small shortfalls are possible in the housing component due to expense or occupancy dips and in the retail component due to master tenant or retail market issues,tax increment or capital cost/tenant improvement needs.These factors could change between now and dosing depending upon the final language in the bond documents,interest rates,or other project costs. The market for housing and retail is also subject to variation over the long term. Overview of Ehlers'Experience Ehlers is an independent financial advisory firth specializing in local government in Minnesota and Wisconsin. Our primary business is assisting cities,counties,and school districts in structuring bond issues and other public financing tools. A significant portion of our work is in the area of housing and economic development for over two dozen suburban communities in the metropolitan area. In the past few years alone, we have served as financial advisor to the cities of Maple Grove and Champlin and the Anoka County HRA in the financing of senior housing owned by their individual HRAs or EDAs. We also advise communities on 2 SEP 12 '97 02:29PM EHLERS & ASSOCIATES P.4/7 tax increment financing assistance to privately owned commercial facilities. Finally,a small portion of our clientele are businesses and developers in negotiations with local governments,which we believe offers us and our public clients insight into the factors which truly influence the private market's investment in real estate. Ehlers does not recommend to proceed or not to proceed with a project,but attempts to quantify the financial risks and benefits of a project to a community in order that the decision-makers can identify the key policy issues. We have not conducted independent financial calculations or market studies for this project or reviewed the construction or soft costs budgets but have relied upon the information provided by existing market studies,the developers in the project,the HRA's financial advisor,and the attorneys serving the HRA and City. Housing Component It is ow understanding that the 52 units of housing in the River Center project will be financed with$3351,000 Tax Exempt Gross Revenue Bonds(Series A Bonds),$3,240,000 Tax Exempt Housing Bonds(General Obligation of the City-Series B Bonds),and$1,485,000 Limited Tax Bonds(HRA Levy-Series C Bonds). We have not factored the Limited Tax Bonds into our analysis,because they arc being paid from a source outside of the housing revenues. Even though there are gross revenue bonds involved in this component,the G.O.-Series B bonds bear nearly all of the risk. In other words,if a shortfall exists in the project,the shortfall is not split by the revenue bond holders and the City. The debt service on the revenue bonds will be unpaid only if the project is less than 30%occupied or lithe construction is not completed. The City is at risk for all rental revenue shortfalls once the building is open,including derating costs at levels higher than expected,because the G.O.bonds are paid after operating costs are paid. There is anticipated to be an operating reserve and debt service reserve funded at closings,which may absorb some early shortfall. The projections prepared by Springsted,Inc.indicate the following: 1. Lease-up will require eight months after construction is completed,or from October, 1998 to June, 1999. 2. Long term occupancy will average 93%occupancy for both units and garages,with rents increasing at 2%per year. 3. Annual operating expenses include all utilities except electricity and telephone,and are estimated to be$136,000,including the payment in lieu of taxes and ongoing financing costs,and will increase at 4%per year. 4. The terra of the G.O.bonds will be 29 years. 5. Net cash flow at these assumptions will be approximately$8,000 to$12,000 per year for the first 10 to 15 years of the project. The net cash flow does not increase much over time due to the increasing debt service over time. All of the HRA-owned or EUA-owned moderate income senior housing developments which we are familiar with in the metropolitan area have been 100%occupied at or soon after opening and currently have waiting lists. We are not aware of any other similar housing units which are combined with retail facilities in a downtown setting,but neither the market study nor the management companies with whom we discussed the project believe that the mixed use would interfere with leasing,if desismed and managed ofpperly. We did question the impact of the traffic noise and view of the highway and intersection on the north side of the site. Maxfield Research did indicate that as long as the windows are of sufficient quality to reduce the traffic noise,the highway should not be a significant factor. 3 SEP 12 '97 02:30PM EHLERS & ASSOCIATES P.5/7 We do want to stress that marketing and management of the units will have a significant impact upon hove quickly the units lease and if the operations remain within the budget put forth in the bond projections. In' general,the risks to the City are as follows: Risks 1. Occupancy of 90%rather than 93%will reduce income by$12,236 per year below projectio i. Occupancy increase from 93%to 100%will result in$28,662 more in annual cash flow (assuming that expenses include the cost of rent concessions for resident caretakers),which is the assumed maximum annual cash flow. 2. Management of the units or design of the building will require higher than expected operating; costs. A 10%increase in operating costs would be$13,600 per year or more than the expected net cash flow for any one year at 93%occupancy. 3. Bond rating issues. We do not expect that this project will affect the City's bond rating,but any chronic shortfalls in the future or the cumulative effect of the amount of general obligation debt in the City could have a minor impact. assmmen4ati : 1. To reduce interest and issuance costs and increase the likelihood of an annual surplus cash flow from the housing to repay the City for its investments: a. Shorten the term of the gross revenue-Series A Bonds and eliminate the initial principal payments on the G.O. -Series B Bonds to reduce overall debt service costs. This should be a minimum of$10,000 to$15,000 in present value savings to the project. b. Eliminate the gross revenue•Series A Bonds and replace with an increased amount of tax- exempt general obligation tax increment bonds,for a savings of at least$2,000 to$2,500 per year in interest cost for 14 years. At first glance,it appears that having the revenue bonds is a safety valve for the City to minimize risk in the event of a catastrophic situation. However,if the project were to encounter significant difficulties,it is likely that the City would buyout the gross revenue bond holders'first mortgage to prevent the gross revenue bond holders from lowering rents or selling the building for an amount which would not: satisfy the City's investment. 2. Eliminate bond funded debt service reserve on the G.O.•Series B Bonds to reduce the amount of general obligation debt. If the rating agency does require a reserve,the City could apportion part of its fund balance to be released once a certain level of occupancy is met and the risk of a levy is reduced. 3. Consider the impact of altering the lease-up schedule to meet the fall/winter lease-up schedule in the Maxfield recommendation of 12 months rather than 8 months. Retail Component The second component of the development will be a 25,373 square foot retail facility on the first floor of the building. In our experience,retail is a much more difficult real estate product in which to predict success or failure than senior rental housing. We have discussed the project with Dunbar Development,the proposed master tenant and with other developers experienced with similar sized retail developments. We have not reviewed the master lease document itself,but are relying upon a general agreement of the business points among all parties. The construction costs for the retail component arc proposed to be funded with a$235,000 Limited Tax 4 SEP 12 '97 02:31PM EHLERS & ASSOCIATESP.6/7 Bonds(HRA Levy-Series C Bonds),$1,000,000 Taxable Gross Revenue Bonds(Series D Bonds), $1,070,000 Taxable Tax Increment Bonds(G.O.of City-Series E Bonds),$1,050,000 Tax-Exempt Tax Increment Bonds(0.0.of the City-Series F Bonds). The HRA will enter into a master lease with a retail developer for predetermined rates for 30 years beginning at$8.50 per square foot up to$10.00 per square foot. Approximately 20%of the debt service on the tax increment bonds are to be paid with tax increment from the retail development and the remainder of the tax increment bonds'debt service arc to be paid with lease revenues. The expected tax increment in the Springsted projections is$30,000 to$35,000 per year: It is our understanding that the actual tax increment,based upon discussions with the County,will result in approximately$70,000 to$80,000 per year. The general assumptions in the Springsted projections are as follows: 1. The master lease will not require lease payments from the HRA until the year 2000,which means the master tenant will have a lease-up period of over one year. 2. The master lease will require lease payments on 100%of the building space,with no common areas charges to the HRA. 3. A small amount of funds annually arc designated for a repair and replacement fund out of net revenues. 4. The master tenant will receive a tenant improvement budget of$10.00 per square foot for build- out of the retail space,an amount which will not be repaid to the HRA. 5. Debt service of 27 years. 6. Net cash flow at the lower tax increment estimates($30,000 to$35,000)is less than$5,000 per year and$35,000 to$45,000 per year with the higher tax increment,if it is pledged to the project. Again,the gross revenue bonds arc entitled to the first lease revenues attributable to the retail portion with the G.O.pledged bonds relying upon tax increment and the remaining lease payments. All of the bonds,except the gross revenue-Series D Bonds,attributable to the retail facility are fixed rate issues. The gross revenue Series D are likely to be amortized over 27 years but will have a balloon payment or interest rate reset at a much shorter term. This form of variable rate debt is the biggest risk to the City because there is the strong potential that rates will be higher in the future and the fixed lease rates in the master lease will not be able to meet all debt service requirements. Other risks are that the tax increment will not be as high as anticipated due to state class rate changes or changes in the valuation of the property. The minimum tax guarantee issue has not been resolved with the master tenant to date. There also exists a potential that the market cannot support lease rates sufficient to hold the master tenant to the lease agreement and the master tenant unilaterally cancels the agreement with or without paying the one year guaranteed lease payment. It is our understanding from the retail market study prepared by McCombs that the lease rates are very achievable and our discussions with other developers have resulted in a similar response. There is also a risk with smaller developers that a key member of the partnership leaves and is not replaced with a person of similar experience or net worth.These personnel issues could result in a project difficulty. In either of these cases,the risk to the HRA and City is that the retail space is not filled and is in need of additional capital requirements for tenant build-out as well as lower lease rates. Risks I. Variable rate component on gross revenue Series D bonds. 5 SEP 12 '97 02:31PM EHLERS & ASSOCIATES ;P.7/7 2. Tax increment income drops due to market value or class rate variation. 3. Master tenant is not able to perform and/or personal guarantee not easily collectible. 4. Significant capital cost with second/third generation of tenants and no master lessee. 5. Term of bonds is longer than other commercial developments. mations 1. Replace the variable rate gross revenue debt with a City funded loan which could be replaced with private financing within three to five years,assuming that the project is performing well. In this situation,the City would be providing a construction loan to be replaced with a more typical permanent financing after initial lease-up. 2. In conjunction with or instead of recommendation#1,consider the use of the higher amount of tax increment as a potential for more C.O.tax increment debt to reduce the City's loan amount. 3. Reserve at least$20,000 to$30,000 of the tax increment for a cash flow buffer for the City. 4. Eliminate bond funded debt service reserve on the general obligation bonds to reduce the amount of general obligation debt. If the rating agency does require a reserve,the City could apportion part of its fund balance to be released once the building is built and real estate taxes have been paid and/or a certain level of occupancy is met. 5. Require a prepayment(call)date on the G.O.Bonds as short as possible(five to seven years), which allows the City the flexibility to sell the project within a short period of time or to restructure the debt if the cash flow is less than expected. We appreciate the opportunity to be of service to the City. We look forward to discussing these issues `. further. Sincerely, EHLERS AND ASSOCIATES,INC. Mart Ruff • 6 C`C *I2 &.1 .14 6, CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Loan to Scott County HRA DATE: September 12, 1997 Introduction & Background Under discussion is the option of the City loaning money to the Scott County HRA for the Blocks 3 & 4 instead of an HRA bond issue or a bank loan. This memo addresses the potential source of the money if Council decides to make such a loan. The loan would be repaid in the 7 year time frame. The approximate amount of the loan would be about $950, 000 with the final number set with the bonding package. Equipment Fund: This fund has the cash available for the next five years based on the 5 year equipment list . General Fund: Taking the loan out of the General Fund would leave the fund balance at 10% instead of the 25% lower end of the target range set by council (after reservations and designations) . 10% is slightly lower than previous target balances. With some anticipated surplus from 1997 operations, there should not be a problem maintaining cash flow for operations. There are some potential problems existing with possible repayments of TIF monies, probably from the General Fund, for previous years activity. Those issues have been quiet for a year but I am not aware of official closure. Storm, Drainage Fund: Based on the CIP, there cash available. Sewer Fund: Based on the CIP, there cash available within the base account and within the total fund. Not Available - Capital Improvement Fund: The City Attorney has advised that the CIF could not be used as a source of money to loan to the EDA or HRA for this project . Staff is researching removing the restrictions on the use of this fund. Comment Council has historically not used enterprise funds for any other purposes. jil) Gregg Voxland Finance Director I:\finance\docs\gregg\3&41oan 6 • ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA b4 Resolution No. 97-10 Approving the Execution and Delivery of a Development Agreement relating to the River Center Project WHEREAS, housing and redevelopment authorities and economic development authorities are authorized by Minnesota Statutes, Sections 469.001 to 469.047 (the "Act") to undertake redevelopment projects and housing development projects, and pursuant to Minnesota Statutes, Section 471.59,to undertake any common powers jointly; and WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota (the "EDA"), with the approval of the City of Shakopee, Minnesota(the "City"), has established its Minnesota River Valley Housing and Redevelopment Project No. 1, as amended from time to time(the "Project"), and its Tax Increment Financing District No. 10 (the"TIF District"); and WHEREAS, the EDA has acquired and cleared certain property known as blocks 3 and 4 (the"Site"), within the Project and the District; and WHEREAS, the City, the EDA and the Scott County Housing and Redevelopment Authority (the "Authority") have entered into a Joint Powers Agreement (the "Joint Powers Agreement") dated as of August 1, 1996, pursuant to which they propose to jointly exercise certain powers to develop a mixed-use retail and senior housing facility (the "Project") on the Site; and WHEREAS, there has been prepared a Development Agreement (the "Development Agreement" by and between the City, EDA and Authority, a draft of which is on file with the Executive Director on the date hereof, which is intended to superscede the Joint Powers Agreement and which details the proposed development of the Project and the manner in which the joint powers of the parties thereto relating to the Project will be exercised; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Economic Development Authority for the City of Shakopee, Minnesota: 1. That the the Development Agreement is hereby approved in substantially the form on file with the Executive Director on the date hereof, with such changes or modifications as are not materially adverse to the EDA and which are approved by the President and the Executive Director. 2. That the President and Executive Director, or in their absence or unavailability, any other officers of the EDA, are authorized and directed to execute and deliver the Development EDA-Approval of Dm clopmcnt and Pledge Agreements 1573346 Agreement and related documents which may be necessary or convenient, on behalf of the EDA. Passed and adopted on this 16th day of September, 1997. ATTEST: 2 1573346 A fir , MODIFICATION NO. 1 TO TAX INCREMENT FINANCING PLAN FOR C C /;, TAX INCREMENT FINANCING DISTRICT NO. 10 September 16, 1997 I. Background The City of Shakopee("City")and its Economic Development Authority("Authority")established Tax Increment Financing District No. 10 (the "TIF District") on November 8, 1995. The City and Authority have determined a need to modify the Tax Increment Financing Plan ("TIF Plan") for the TIF District in order to clarify and update the development plans and proposed expenditures. The modification does not increase the total expenditures or bonded indebtedness authorized in the original TIF Plan. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modifications The following sections of the TIF Plan are modified as shown: 4. Statement of Objectives. Modified to add the following: While the initial objectives called for sale of the property to a private developer for mixed retail and commercial use, the current objective is to work cooperatively with the Scott County Housing and Redevelopment Authority ("County HRA") to develop a senior housing and commercial facility to be owned by the County HRA. The primary objective is to provide mixed housing and commercial use at this site, correct blighted conditions, stabilize the downtown, expand housing opportunities for elderly persons in the City. 5. Development Program. Modified to add the following: Notwithstanding previously identified actions to accomplish the objectives of the TIF Plan, the City and Authority intend to ground lease the property (acquired by the Authority) to the County HRA, which will construct and own a mixed use facility. The senior housing portion will be operated by the County HRA (or a designated manager), and the commercial portion will be leased to a master tenant for sublease to commercial users. The project is expected to be financed through bonds issued by the County HRA in a number of series, secured by a variety of sources, including housing revenues, commercial lease revenues, County HRA tax levies, tax increments from the TIF District, and the City's general obligation pledge. The City, Authority and County HRA will into an agreement describing their respective responsibilities in exercising their joint powers under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 6. Development; Timing. Modified to read as follows: Development of the property with the TIF District for mixed housing and commercial use is expected to occur in 1997 and 1998. 7. Project Cost. Modified to read as follows: The Authority intends to finance various costs in connection with development of the housing and commercial facility in the TIF District owned by the County HRA, which constitutes both a "housing development project" under Section 469.002, Subd. 15 of the HRA Act and a publicly-owned "redevelopment project" under Section 469.002, Subd. 14. Such costs include: Land acquisition Demolition, Clearance Relocation County HRA-owned housing and commercial facility Site improvements Sidewalks Parking facilities Landscaping Public utilities Administration Costs of bond issuance Capitalized interest (as necessary) Bonded indebtedness secured by tax increments may be incurred to finance such costs in an amount not to exceed $2,750,000 (as specified in the original TIF Plan). The Authority and City currently expect to pledge tax increments and the City's general obligation to pay bonds issued by the County HRA, provided that the principal amount of bonds secured by such pledge will not exceed the amount specified above. The overall budget will be allocated to categories at the time of bond issuance. Total administrative costs (including costs of bond issuance) will not exceed 10% of total tax increment expenditures. The City and Authority specifically find that all identified costs constitute costs of correcting the conditions that allow designation of redevelopment districts, within the meaning of Minnesota Statutes, Section 469.176, subd. 4j. All buildings in Blocks 3 and 4 met the requirements for inclusion in a redevelopment district at the time the TIF Plan was approved in 1995. The entire joint-powers effort between the City, Authority and County HRA constitutes correction of the blighted conditions, including acquisition, demolition, clearance, and development of the public housing and commercial facility needed to revitalize this critical site in downtown Shakopee. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys may be used to finance costs identified 2 above, either on a temporary basis to be repaid with tax increments from the TIF District, or permanently; provided that any repayments from the TIF District will be made within the total bonded indebtedness budget described above. Besides tax increment expenditures as described in this plan budget, the project will be financed with proceeds of bonds secured by other sources, including project revenues, the County HRA tax levy, and the City's general obligation pledge toward the housing portion of the facility under Section 469.034 of the HRA Act. 8. City Contribution to Project Cost. Modified to read as follows: The City reconfirms its election to make a qualifying local contribution to the cost of the project in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d). As provided under amendments to such statute since adoption of the original TIF Plan, the amount of the local contribution is 5% of the annual tax increment from the TIF District. The City may make such contribution from unrestricted City funds. In addition, contributions from any local government entity may constitute qualifying contributions under the statute. Therefore, the City reserves the right to report project costs paid by general funds of the County HRA (such as proceeds of bonds secured by the County HRA levy) as meeting the local contribution requirement. 3 1 ECONOMIC DEVELOPMENT AUTHORITY FOR Ti_ 6 . 6 , CITY OF SHAKOPEE g p ft RESOLUTION NO. 97-11 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 BE IT RESOLVED by the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee, Minnesota ("Authority") as follows: Section 1. Recitals. 1.01. The City of Shakopee ("City") approved the creation of Tax Increment Financing District No. 10 ("TIF District") and a Tax Increment Financing Plan("TIF Plan")for that district, by resolution No. 4326 approved November 8, 1995, all in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under.Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the description of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan, and a need to clarify and modify the plan objectives and specific development activities. 1.04. The Authority has reviewed a document titled "Modification No. 1 to Tax Increment Financing Plan for Tax Increment Financing District No. 10," dated September 16, 1997. Section 2. Actions Ratified. 2.01. The Board specifically approves and reconfirms adoption of the TIF Plan for the TIF District as approved by the City Council on November 8, 1995. 2.02. The Board ratifies all actions of its Authority and City staff and consultants in prepraring a modification of the TIF Plan and bringing it before the Board for consideration. SJB129870 SH235-2 Section 3. TIF Plan Modified. 3.01. The TIF Plan modification as presented to the Board is approved. 3.02. Authority staff are authorized and directed to maintain a copy of the TIF Plan modification with Authority's files for the TIF District, and to transmit a copy of the modification to the Scott County Auditor and to the Department of Revenue, for information purposes. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this 16th day of September, 1997. President ATTEST: Executive Director SJB129870 SH235-2 2 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance Advisors MEMORANDUM TO: Scott Co. HRA, Bill Jaffa City of Shakopee, Mark McNeill/Gregg Voxland/ Paul Snook Leonard Street& Deinard, Barbara Portwood Kennedy&Graven, Steve Bubul Miller& Schroeder, Laura Ekholm Faegre & Benson, Kent Richey Dunbar Development, Frank Dunbar/Tom Dillon FROM: Kathleen Aho DATE: September 15, 1997 SUBJECT: RetailHousing Project Enclosed are revised cash flows for the housing and retail components of this project. They have been revised to reflect actual costs for the market studies, the tax analysis, and the change from a gross revenue bond to a City loan in the retail component. Certain changes have been made in the bond schedules to reflect priority of principal repayment. These numbers are still preliminary and should be viewed as illustrative. •4 QI4aBINED DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail 'LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Housing/Retail Mixed Use DATE REVISED: 9/15/97 DEVELOPMENT HOUSING TAX-EXEMPT TAXABLE TOTAL BUDGET BUDGET TIF BUDGET TIF BUDGET ALLOCATED LAND COST: Land Acquisition $0 $0 $0 $0 Property taxes $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 IMPROVEMENTS COST: A. Housing Construction/Skyway $3,357,956 $3,144,011 $213,945 $0 HVAC $216,000 $216,000 $0 $0 Elevator $48,600 $48,600 $0 $0 B. Underground Parking Ramp $294,840 $0 $294,840 $0 C. Retail Construction $1,179,822 $0 $0 $1,179,822 HVAC $86,000 $0 $0 $86,000 Tenant Improvements $253,730 $0 $0 $253,730 D. Standard Sidewalks $93,690 $70,876 $0 $22,814 $93,690 E. Plaza/Surface Lot $224,400 $0 $224,400 $0 F. Standard Landscaping $20,000 $15,000 $0 $5,000 $20,000 G. Plaza/Lot Landscaping $40,000 $0 $40,000 $0 H. Other $0 $0 $0 $0 I. Other $0 $0 $0 $0 Subtotal Hard Costs: $5,815,038 $3,494,487 $773,185 $1,547,366 Construction Related Costs: Soft Costs $438,692 $263,628 $58,329 $116,735 $438,692 Other $0 $0 $0 $0 Other $0 $0 $0 $0 {+�+�/� MOS Related Costs: $438,692 ;q� $263,628 •��$58,329 a$116,7�35 y;- t!':1:{.�..t�F'i1O : %£}::00...,S:1;:'''... :. ':• +.t � <f ... i 3a •i,`."2','f2'`..kik.. :k 5. ', 52 h`::,,.,',:1 30. #.. .i}... :.. f AMPR i Design Costs: Architectural Design $278,499 $177,615 $37,418 $63,466 Architectural Supervision $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 Interior Design - $75,000 $75,000 $0 $0 Surveys&Staking $0 $0 $0 $0 Soil Borings&Perc.Tests $0 $0 $0 $0 Environmental Review $3,000 $1,802 $398 $800 $3,000 Contingency $0 $0 $0 $0 Subtotal Design Costs: $356,499 $254,417 $37,816 $64,266 ��1�€. ...• •.. .•�v,. .:: .•�••.•�•. • �;,,�•�•s:� z<z��.zµx:::.wz��:... ...z::zz....•::• .t..,;•fi,..�... ..,z:••::c�:::::z: �::u:xx ; �i�S:�':.�3�:iii. �i��l ':�:�: :...�:>i��.�.�..?....'�."�. 't��2 .;:;::;:»;;::�,h. :`�����'* 2`:�:v:;:.r:.�r.:�t# � .?:r:• :�•:�•...< a�.�v.>," A . $h• DEVELOPMENT COSTS : Mortgage Reg.Tax($2.30/$1,000) $690 $690 $0 $0 Title and Recording $28,000 $14,000 $4,664 $9,336 R. E.Taxes-During Construction $5,000 $3,065 $644 $1,291 Utilities -During Construction $0 $0 $0 $0 Prepared by: Springsted Inc.(9/15/97 5:54 PM) Project Page 1 M INED DEVELOPMENT BUDGET L1' i {PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Housing/Retail Mixed Use DATE REVISED: 9/15/97 DEVELOPMENT HOUSING TAX-EXEMPT TAXABLE TOTAL BUDGET BUDGET TIF BUDGET TIF BUDGET ALLOCATED Utilities -During Construction $0 $0 - $0 $0 Insurance -First Year $9,000 $5,408 $1,196 $2,396 $9,000 Developer's Legal $10,000 $6,009 $1,329 $2,662 $10,000 Developer's Accounting $0 $0 $0 $0 Developer's Fees $52,113 $31,317 $6,929 $13,867 2.5%of Cost Market Feasibility Study $44,050 $22,860 $7,060 $14,130 $21,190 Development $0 $0 $0 $0 Development Consultants) $0 $0 $0 - $0 Commercial Lease Commissions $0 $0 $0 $0 Commercial Consultant $15,000 $0 $0 $15,000 Marketing $52,000 $52,000 $0 $0 $1,000/unit Startup Expenses: $35,000 $35,000 $0 $0 Initial Equipment $0 $0 $0 $0 R.E.Taxes $0 $0 $0 $0 Insurance $0 $0 $0 $0 Working Capital $0 $0 $0 $0 Project Coordinator $52,113 $31,317 $6,929 $13,867 2.5%of Cost Administration $52,113 $31,317 $6,929 $13,867 2.5%of Cost }�w y, ;Y8•r '8 . 0.'I'In ',..•: �•' ^ 2Y:Y '. .<''C ':;` . r�,. 3RM' ro y wT..*,4. . i FINANCING COSTS: Bond Financing : Bond Counsel $50,000 $25,000 $8,329 $16,671 Agency Counsel $10,000 $5,000 .$1,665 $3,335 Underwriter Fee $94,250 $64,875 $14,250 $15,125 Underwriter's Counsel $25,000 $10,000 $4,997 $10,003 Rating Agency Fee $30,000 $15,000 $4,997 $10,003 Issuance Fees(Municipal) $0 $0 . $0 $0 Credit Enhancement Fee $0 • $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 Trustee&Counsel Fees $9,000 $5,000 $1,332 $2,668 Printing $10,000 $5,000 $1,665 $3,335 Financial Advisor $55,500 $29,250 $8,746 $17,504 Miscellaneous/Fees $60,000 $20,000 $13,327 $26,673 Subtotal Bond Financing: $343,750 $179,125 $59,308 $105,317 Capitalized Interest(Gross) $583,461 $298,553 $87,400 $197,508 .> ".A EIOA 1 :..A�.'.'•.'.M:..:tM.`I::S•TAC >,,: `>►•. `y� 'I '`@ S;k;;z : M \ r a RESERVES : Capital Replacement Reserve $0 $0 $0 $0 Operating Deficit Reserve $68,939 $68,939 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 Debt Service Reserve $515,273 $304,625 $113,148 $97,500 0.:<:::R4. 1RE�'lMElP::O . .. . . N,,,,:.<.: :58O 'Il...: MSR���?....> . .l:X>48:W. •. .`• , ,:Quo:,. > >., • ,;:#>i::>. ,: i>.i#tx:. ;.<s: .:`>,•r. ` '><P.:RCiJ��':F:C: :.`;; >. :,a�:<.�:.., .<,,..::, . 5�: I'f��5tii:..::<.K:. <. ,�?t�•::`I : ' • :`� 'W Prepared by: Springsted Inc.(9/15/97 5:54 PM) Project Page 2 COMBINED DEVELOPMENT BUDGET ;PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Housing/Retail Mixed Use DATE REVISED: 9/15/97 DEVELOPMENT HOUSING TAX-EXEMPT TAXABLE TOTAL ,w����MMri � BUDGET BUDGET TIF BUDGET TIF BUDGET ALLOCATED ? �'• W.E;iYi'i It y'�`.:3L,t:;^•.t {`wt::�;,}', ;.;,,,ttti,. ..>.2i#:,`..<tA#•'4.W: .':••'?%:•`,::itt..`•. < . km 8 g }w;, t.tJa t2 2 ,'Q x .. .. p: t +� MI.. !�a tC;. , : Y arra.:, ,,:.::. '�,:�'#. �•!��.'.'i':A:,..,�!:•S�..c:�.: ,•:.'..:•.<.��..►;f....:•.�..:�:'�'!;:��. }:` s:.}C•`.i;�il�V.,.,.<.:::.:�:..:�:t.�..•.��•.•.#•�.�...:::.:: .. .. T �� Prepared by:Springsted Inc. (9/15/97 5:54 PM) Project Page 3 'PrPjfict Name: Shakopee Senior Housing and Retail LocMlnn: Shakopee,Minnesota ,Issuer Name: Scott County HRA Protect Type: Housing-Annual HRA Contribution Developer: Dunbar Development . Type of Financing: Tax Exempt Date: 09/16/97 Square Apartment Units Number Footage, Monthly Rent Family A. 1 Bedroom 0 0 $0 B. 1 Bedroom 0 0 $0 C. 1 Bedroom&Den 0 0 $o D. 2 Bedroom 0 0 $0 E. 2 Bedroom 0 0 so F. 2 Bedroom&Den 0 0 $0 Total 0 Senior A. 1 Bedroom(std) 0 0 $0 B. 1 Bedroom(std) 6 690 $483 (5300/$575) C. 1 Bedroom(large) 0 0 $0 D. 1 Bedroom(large) 12 740 $513 ($350/$595) E. 1 Bedroom&Den 0 0 $0 F. 1 Bedroom&Den 18 850 $558 ($375/$675) G. 2 Bedroom(standard) 8 940 $750 H. 2 Bedroom(large) 8 1,110 $850 • Total 52 parkin Spaces 52 $40 Storage Units 0 $o Guest Room Nights 0 $o Commercial 0 s.f. $14 Mit 0 $0 Trendina Assumptions $ jAyggi Revenue Increase Factor-Hsg. 2.00% 1999 Revenue Increase Factor-Retail n/a Expenditure Increase Factor 4.00% 1998 Vacancy Factors Apartments&Parking 7.00% 7.00% Storage 7.00% Commercial 0.00% Other 7.00% Milestones Project Start(Fiscal Year Start) 02/01/97 Jan-97 Bond Closing 10/14/97 Jul-97 Construction Start 10/01/97 Jul-97 Occupancy Start-Housing 10/01/98 Apr-98 End of First Fiscal Year 02/01/99 Jan-99 Financing Dates Serles A Series B Series C Series 0 Series E Series F Dated Date 10/01/97 10/01/97 10/01/97 10/01/97 10/01/97 10/01/97 Settlement Date 10/14/97 10/14/97 10/14/97 10/14/97 10/14/97 10/14/97 1st Interest Payment Date 02/01/98 02/01/98 02/01/98 02/01/98 02/01/98 02/01/98 Principal Payment Date 02/01/98 02/01/98 02/01/98 02/01/98 02/01/98 02/01/98 Type of Financing arose Reverse oo Meg Waled Tu Temporary Loan GO TIF TAM GO TIF T-r x Coverage Jnvestment Rates Egg Unrestricted Debt Service Reserve Fund 5.64% 5.75% Project Fund-(Construction Period) 5.20% Bond Fund-(Float Earnings) 4.00% Operating Reserve Fund 4.00% Annual Fees, Trustee $2,500 Arbitrage&Rebate $2,600 Secondary Market Disclosure $3,000 Rating Surveillance $0 Jteserves Funded With Bond Proceeds Decision Funding Level Debt Service Reserve Fund Yes 100.00% Operating Reserve Fund Yes 50.00% Repair and Replacement Fund ' No 0.00% Prepared by:Springsted Inc.(9/15/97 11:15 AM) Housing-Page 4 DEVELOPMENT BUDGE PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Housing -Annual HRA Contribution DATE REVISED: 9/15/97 TOTAL GROSS G.O. LIMITED BUDGET REVENUE HOUSING TAX LAND COST: Land Acquisition $0 $0 $0 $0 Property taxes $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 �•t','�.' r ,ia:..yYif:4it�+j•,•::. .•} . �ttt� 'tt ti r yr ' :'.:.. .:.. .' .::i..:i„Y:;:iu.Y:.`'h�::,•r:;i)o...>...... ......i`�"'�G' .�'i:.#^ ..3:.:.3#' k .:; tag '• g 3 nr'.•3•:i IMPROVEMENTS COST: A. Housing Construction/Skyway $3,144,011 $234,197 $1,468,873 $1,440,940 HVAC $216,000 $0 $216,000 $0 Elevator $48,600 $0 $48,600 $0 B. Underground Parking Ramp $0 $0 $0 $0 • C. Retail Construction $0 $0 $0 $0 HVAC $0 $0 $0 $0 Tenant Improvements $0 $0 $0 $0 D. Standard Sidewalks $70,876 $0 $70,876 $0 E. Plaza/Surface Lot $0 $0 $0 $0 F. Standard Landscaping $15,000 $0 $15,000 $0 G. Plaza/Lot Landscaping $0 $0 $0 $0 H. Other $0 $0 $0 $0 I. Other $0 $0 $0 $0 Subtotal Hard Costs: $3,494,487 $234,197 $1,819,349 $1,440,940 Construction Related Costs : $0 $0 $0 $0 Soft Costs $263,628 $0 $263,628 $0 Other $0 $0 $0 $0 Other $0 $0 $0 $0 Subtotal Related Costs : $263,628. a' $0 $263,628 9'• $0 $0 tt.. ,* FT .1 .. . 3tFF. , yw1wF.Ki• . a1 Design Costs : Architectural Design $177,615 $0 $177,615 $0 Architectural Supervision $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 Interior Design $75,000 $0 $75,000 $0 Surveys&Staking $0 $0 $0 $0 Soil Borings&Perc. Tests $0 $0 $0 $0 Environmental Review $1,802 $0 $1,802 $0 Contingency $0 $0 $0 $0 Subtotal Design Costs: $254,417 $0 $254,417 $0 $0 kk,,,, DEVELOPMENT COSTS : Mortgage Reg. Tax($2.30/$1,000) $690 $690 $0 $0 Title and Recording $14,000 $0 $14,000 $0 R. E. Taxes-During Construction $3,065 $0 $3,065 $0 Prepared by: Springsted Inc. (9/15/97 11:15 AM) Housing Page 5 'DEVELOPMENT BUDGE PROJECT: Shakopee Senior Housing and Retail 'LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Housing-Annual HRA Contribution DATE REVISED: 9/15/97 TOTAL GROSS G.O. LIMITED BUDGET REVENUE HOUSING TAX R. E. Taxes-During Construction $3,065 $0 $3,065 $0 Utilities -During Construction $0 $0 $0 $0 Insurance -During Construction $5,408 $0 $5,408 $0 Developers Legal $6,009 $0 $6,009 $0 Developers Accounting $0 $0 $0 $0 Developers Fees $31,317 $0 $31,317 $0 Market Feasibility Study $22,860 $0 $22,860 $0 Development $0 $0 $0 $0 Development Consultant(s) $0 $0 $0 $0 Commercial Lease Commissions $0 $0 $0 $0 Commercial Coordinator $0 $0 $0 $0 Marketing $52,000 $0 $52,000 $0 Startup Expenses: $35,000 $0 $35,000 $0 Initial Equipment $0 $0 $0 $0 R.E. Taxes $0 $0 $0 $0 Insurance $0 $0 $0 $0 Working Capital $0 $0 $0 $0 Project Coordinator $31,317 $0 $31,317 $0 Administration $31,317 $0 $31,317 $0 FINANCING COSTS: Bond Financing : Bond Counsel $25,000 $2,500 $20,000 $2,500 Agency Counsel $5,000 $500 $4,000 $500 Underwriter Fee $64,875 $6,000 $40,500 $18,375 Underwriters Counsel $10,000 $1,000 $8,000 $1,000 Rating Agency Fee $15,000 $1,500 $12,000 $1,500 Issuance Fees(Municipal) $0 $0 $0 $0 Credit Enhancement Fee $0 $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 Trustee&Counsel Fees $5,000 $500 $4,000 $500 Printing $5,000 $500 $4,000 $500 Financial Advisor $29,250 $2,925 $23,400 $2,925 Miscellaneous/Fees $20,000 $2,000 $16,000 $2,000 Subtotal Bond Financing : $179,125 $17,425 $131,900 $29,800 $0 Capitalized Interest(Gross) $298,553 $23,567 $247,017 $27,969 $0 dye, ya .; . . ,. zi , ..r.µ t?,5::,•:::, ..:::.?:•?:,:.:. . �,? y .. ,,xx, .F,f, :•.•:�•`.?#i:F.:i?:`2,;••?,�v. ,\,>h?:, ` P.`'T.kv``:,`'2:•',': :: ' <,•Y. .�.�1;#;#:.Y':':vuy;.. RESERVES : Capital Replacement Reserve - $0 $0 $0 $0 $0 Operating Deficit Reserve $68,939 0 $68,939 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 $0 Debt Service Reserve $304,625 $30,000 $274,625 $0 $0 ��++.•��tt Prepared by: Springsted Inc. (9/15/97 11:15 AM) Housing Page 6 'DEVELOPMENT BUDGE PROJECT: Shakopee Senior Housing and Retail 'LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Housing-Annual HRA Contribution DATE REVISED: 9/15/97 TOTAL GROSS G.O. LIMITED BUDGET REVENUE HOUSING TAX 0,NEM*ONCEVONEFTWATRMA5d.. EZEITIMilIEREERMO �.: £Fat.e.`.Y,.:F:�.+R'#i`<.1R.`.. :.r.,.:(C.`•.Y.',N`�:•`'••4''•;.• :w `..,,"`x - :.. ';`3�` N.` >. •:s.` �'�• ...ion`•` s�i• .:;:.: : ... ........................�........................>...::5..,....> >..:.:,::.y ..a�s:� .�x�'�s�y. :;...... ���:�:���'... ..ut'�..�t,�.f.�a"i.��ONfits� as<",,;� �'s..........:.f> k.. Prepared by: Springsted Inc. 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Bmaa PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Housing-Annual HRA Contribution DATE REVISED: 9/15/97 !RENTAL INCOME: I RENT UNIT NUMBER % SQ.FT. MONTHLY PER SQ.FT. TOTAL TOTAL TYPE DESCRIPTION OF UNITS OF TOTAL PER UNIT REVJUNIT PER MONTH PER MONTH ANNUAL !APARTMENT UNITS: I Family A. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 S0 B. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 S0 D. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 E. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 i0 F. 2 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 S0 TotaIAverage 0 0% 0 $0.00 $0.000 $0 i0 enio A. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 i0 B. 1 Bedroom(std) 6 12% 690 $483.33 50.700 $2,900 $34,800 C. 1 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 i0 D. 1 Bedroom(large) 12 23% 740 $513.33 $0.694 $6,160 $73,920 E. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 S0 F. 1 Bedroom&Den 18 35% 850 $558.33 $0.657 $10,050 $120,600 G. 2 Bedroom(standard) 8 15% 940 $750.00 $0.798 $6,000 i72,000 H. 2 Bedroom(large) 8 15% 1,110 $850.00 $0.766 $6,800 $81,600 Total/Average 52 100% 35,840 $613.65 $0.890 $31,910 $382,920 TOTAL FOR ALL UNITS: 62 100% 36,840 $613.65 $0.890 $31,910 $382,920 !OTHER RENTAL INCOME: 6 OF PARKING STALLS: 52 RENT PER MONTH: $40.00 $0.058 $2,080 $24,960 6 OF STORAGE UNITS: 0 RENT PER MONTH: $0.00 $0.000 $0 i0 SOF GUEST ROOM NIGHTS: 0 RENT PER MONTH: $0.00 50.000 $0 $0 COMMERCIAL GROSS RENT: 0 RENT PER S.F.: $14.00 $0,000 $0 $0 OTHER RENTAL INCOME: $40.00 $0.058 $2,080 $24,960 !VACANCIES: I APARTMENTS 7.00% $42.96 $0.062 $2,234 $26,804 PARKING 7.00% $2.80 $0.004 $146 $1,747 STORAGE 7.00% $0.00 50.000 $0 S0 COMMERCIAL 0.00% $0.00 $0.000 $0 $0 TOTAL VACANCIES: $45.76 $0.066 $2,379 $28,652 NET RENTAL INCOME: $607.90 $0.882 $31,611 $379,328 !OTHER INCOME: I (Annual) !SERVICE INCOME: I LAUNDRY $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 i0 TOTAL SERVICE INCOME: $0.00 $0000 $0 $0 !FINANCIAL INCOME: I DSRF INTEREST $0 $0.00 $0.000 $0 $0 OTHER INTEREST S0 $0.00 $0000 $0 $0 TOTAL FINANCIAL INCOME: $0.00 $0.000 $0 $0 !MISCELLANEOUS INCOME: I DRAWS FROM RESERVES $0 50.00 $0000 SO $0 GRANTS AND LOANS S0 $000 50.000 SO $0 PILOT REFUND $0 $0.00 $0.000 $0 $0 OWNER CONTRIBUTIONS $0 $0.00 $0000 $0 $0 OTHER $O $0.00 $0.000 $0 $0 TOTAL MSC.INCOME: $000 $0000 $0 SO TOTAL OTHER INCOME: $0.00 $0.000 $0 $0 !TOTAL PROJECT INCOME: $607.90 $0.882 $31,611 $379,328 I Prepared by:Springated Inc.(9/15/97 11:15 AM) Housing Page 12 SOURCES& USES s PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Housing-Annual HRA Contribution DATE REVISED: 9/15/97 Annual Public Contribution-Pooled NOI Sources Series A Gross Revenue $300,000.00 Series B GO Hsg $3,240,000.00 Series C Limited Tax $1,470,000.00 Financing Gap $0.00 Underwriter's Discount ($64,875.00) Accrued Interest $10,195.79 Interest Earnings $87,519.92 Interest Earnings $0.00 $5,042,840.71 Uses Construction and Design of Project $4,245,515.00 Deposit to DSRF $304,625.00 Costs of Issuance $114,250.00 Operating Reserve Fund $68,938.69 Capitalized Interest $298,552.51 Contingency $10,959.51 $5,042,840.71 plus Underwriting Discount $64,875.00 Total Project Costs $5,107,715.71 Sources and Uses at Closing Total Series A Series B Series C Sources Series A Gross Revenue $300,000.00 300,000.00 Series B GO Hsg $3,240,000.00 3,240,000.00 Series C Limited Tax $1,470,000.00 1,470,000.00 Underwriter's Discount ($64,875.00) (6,000.00) (40,500.00) (18,375.00) Accrued Interest $10,195.79 638.26 6,527.53 3,029.99 Interest Earnings $87,519.92 5,240.71 56,599.71 25,679.50 Other $0.00 0.00 0.00 0.00 $5,042,840.71 299,878.98 3,262,627.24 1,480,334.49 Uses Construction Cost $3,758,115.00 234,197.31 2,082,977.37 1,440,940.32 Design Cost $254,417.00 0.00 254,417.00 0.00 Development Cost $232,983.00 690.00 232,293.00 0.00 Subtotal Project Fund $4,245,515.00 $234,887.31 $2,569,687.37 $1,440,940.32 Debt Service Reserve Fund $304,625.00 30,000.00 274,625.00 0.00 Operating Reserve Fund $68,938.69 0.00 68,938.69 0.00 Bond Fund-Capitalized Interest $298,552.51 23,566.67 247,016.67 27,969.17 Costs of Issuance $114,250.00 11,425.00 91,400.00 11,425.00 Contingency $10,959.51 0.00 10,959.51 0.00 Other $0.00 0.00 0.00 0.00 $5,042,840.71 $299,878.98 $3,262,627.24 $1,480,334.49 Prepared by: Springsted Inc.(9/15/97 11:15 AM) Housing-Page 13 I V'` _ - ► � N � Nf'7A00 V' � U NINA NA INA INA INA co _ 7 0 iiinii:ii E / 7 U .. 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Ihfl Y?> z2• o = 0g zJii u — cc ai421 tAi- < OUOW Oar e Ci ij t- N m :- u > a I --,P eject Name: Shakopee Senior Housing and Retail Location: Shakopee,Minnesota Issuer Name: Scott County HRA troject Type: Retail-Master Lease-Capture of TIF Developer: Dunbar Development Type of Financing: Tax Exempt Date: 09/15/97 Square Apartment Units Number Footaas Monthly Rent Family A. 1 Bedroom 0 0 $0 B. 1 Bedroom o 0 $0 C. 1 Bedroom&Den o o $0 D. 2 Bedroom 0 0 $0 E. 2 Bedroom 0 0 $0 F. 2 Bedroom&Den 0 0 $0 Total 0 Senior A. 1 Bedroom(std) 0 0 $0 B. 1 Bedroom(std) 0 0 $0 C. 1 Bedroom(large) 0 0 so D. 1 Bedroom(large) 0 0 $0 E. 1 Bedroom&Den 0 0 $0 F. 1 Bedroom&Den 0 0 $0 G. 2 Bedroom(standard) 0 0 $0 H. 2 Bedroom(large) 0 0 $0 Total • 0 Parkins Spaces 0 $40 Storage Units 0 $0 Guest Room Nights 0 $0 • Commercial 25,373 s.f. $8.50 -$10.00 thher 0 $0 Trending Assumptions /r 1st ar Revenue Increase Factor-Retail 0.00% Expenditure Increase Factor 0.00% yacancy Factors Apartments 7.00% Parking 7.00% Storage 7.00% Commercial 0.00% Other 7.00% Milestones Project Start(Fiscal Year Start) 2/1/97 Bond Closing 10/14/97 Construction Start 10/15/97 Occupancy Start 6/1/98 End of First Fiscal Year 2/1/98 Financing Dates Series D Series E Series F Series C Dated Date 10/01/97 10/01/97 10/01/97 10/01/97 Settlement Date 10/14/97 10/14/97 10/14/97 10/14/97 1st Interest Payment Date 02/01/98 02/01/98 02/01/98 02/01/98 Principal Payment Date 02/01/98 02/01/98 02/01/98 02/01/98 Type of Financing Temporary Loan oo 1 F To oo TIF T.Er Limited Tax Coverage Investment Rates RestrictedUnrestricted Debt Service Reserve Fund 5.75% 5.75% Project Fund-(Construction Period) 5.20% Bond Fund-(Float Earnings) 4.00% Operating Reserve Fund 4.00% Annual Fees Trustee $2,500 Arbitrage&Rebate $1300 Secondary Market Disclosure $1,500 Rating Surveillance $0 $5,300 Reserves Funded With Bond Proceeds Decision Funding Level Debt Service Reserve Fund Yes 100.00% Operating Reserve Fund Yes 50.00% Repair and Replacement Fund No 0.00% Prepared by:Springsted Inc.(9/15/97 5:50 PM) Retail-Page 1 O$0 o�oo� $ ���0 SR PA8•8• oAf0g8 RR g� Y : ea N C7 N O1 Q�p y' N {� ,Q„ N CND �_ I�fp H' N see g �NN N �y N1 N N "0�01111H�� Oiy00.A S m.^-IO�ONV El, - tis � • QO � QTS O� N fOv O.� O-O N d(yp g w H O I0 S tfypQ. d! 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'i C NSfMO82SSS122SM02888(012228SO8 (M0IMO YN � C LL C A L L 0 001; - (00 N N N w az O Q EI-6N 8§ &§ §01 §§ §8§§ § & § § P § §§ 0. 85388 a § z v44444 .i40MtO1AOW Oo Omio 0OttiviviviOO � o .. Z ° § §§ §§ § wvie W6- 2 .15i ? W V N N N N N X a N N U a a a aao� y p6 01g6NN88r8000 " N '" V """' NNN " a � a § ., a0 0000000 �000000000000000o a } 2cg y u N W C A ti. N 5. a a. 0 DEVELOPMENT BUDGET I- PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 9/15/97 RETAIL TAXBLE GO LIMITED TAX TEMPORARY TAX-EXEMPT BUDGET BUDGET BUDGET LOAN TIF BUDGET LAND COST: Land Acquisition/Demolition $0 $0 $0 $0 $0 Property taxes $0 $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 $0 IMPROVEMENTS COST: A. Housing Construction $213,945 $0 $0 $0 $213,945 HVAC $0 $0 $0 $0 $0 Elevator $0 $0 $0 $0 $0 B. Underground Parking Ramp $294,840 $0 $0 $0 $294,840 C. Retail Construction $1,179,822 $42,314 $232,849.19 $904,659.13 $0 HVAC $86,000 $86,000 $0.00 $0 $0 Tenant Improvements $253,730 $253,730 $0 $0 $0 D. Standard Sidewalks $22,814 $22,814 $0 $0 $0 E. Plaza/Surface Lot $224,400 $0 $0 $0 $224,400 F. Standard Landscaping $5,000 $5,000 $0 $0 $0 G. Plaza/Lot Landscaping $40,000 $0 $0 $0 $40,000 H. Other $0 $0 $0 $0 $0 I. Other $0 $0 $0 $0 $0 Subtotal Hard Costs: $2,320,551 $409,858 $232,849 $904,659 $773,185 Construction Related Costs: Soft Costs $175,064 $116,735 $0 $0 $58,329 Other $0 $0 $0 $0 $0 Other $0 $0 $0 $0 $0 Subtotal Related Costs: $175,064 $116,735 $0 $0 $58,329 •wCT -,- - •.-:,,,,w1,- ,R,47,...g.,:z7f,..mi,,... „: ,.7,,,,,„,:,,„1::, ,rm,4.,,..„ir7A0,‘; ,,-. 12,112.-11,# Design Costs: Architectural Design $100,884 $63,466 $0 $0 $37,418 Architectural Supervision $0 $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 $0 Interior Design $0 $0 $0 $0 $0 Surveys&Staking $0 $0 $0 $0 $0 Soil Borings&Perc. Tests $0 $0 $0 $0 $0 Environmental Review $1,198 $800 $0 $0 $398 Contingency $0 $0 $0 $0 $0 Subtotal Design Costs: $102,082 $64,266 $0 $0 $37,816 :-`itiagn > '.-• x� IS_ ,fit.SA • ; DEVELOPMENT COSTS: Mortgage Reg. Tax($2.30/$1,000) $0 $0 $0 $0 $0 Title and Recording $14,000 $9,336 $0 $0 $4,664 R. E. Taxes-During Construction $1,935 $1,291 $0 $0 $644 Prepared by: Springsted Inc. (9/15/97 5:50 PM) Retail-Page 7 ' EVEL•OPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail 'LOCATION : - Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 9/15/97 RETAIL TAXBLE GO LIMITED TAX TEMPORARY TAX-EXEMPT BUDGET BUDGET BUDGET LOAN TIF BUDGET R. E. Taxes-During Construction $1,935 $1,291 $0 $0 $644 Utilities -During Construction $0 $0 $0 $0 $0 Insurance -First Year $3,592 $2,396 $0 $0 $1,196 Developer's Legal $3,991 $2,662 $0 $0 $1,329 Developer's Accounting $0 $0 $0 $0 Developer's Fees $20,796 $13,867 $0 $0 $6,929 Market Feasibility Study $21,190 $14,130 $0 $0 $7,060 Development-Other $0 $0 $0 - $0 $0 Development Consultant(s) $0 $0 $0 $0 $0 Commercial Lease Commissions $0 $0 $0 $0 $0 Commercial Consultant $15,000 $15,000 $0 $0 $0 Marketing $0 $0 $0 $0 $0 Startup Expenses: $0 $0 $0 $0 $0 Initial Equipment $0 $0 $0 $0 $0 R.E. Taxes $0 $0 $0 $0 $0 Insurance $0 $0 $0 $0 $0 Working Capital $0 $0 $0 $0 $0 Project Coordinator $20,796 $13,867 $0 $0 $6,929 Administration $20,796 $13,867 $0 $0 $6,929 FINANCING COSTS: Bond Financing : Bond Counsel $25,000 $16,671 $0 $0 $8,329 Agency Counsel $5,000 $3,335 $0 $0 $1,665 Underwriter Fee $29,375 $12,188 $2,938 $0 $14,250 Underwriter's Counsel . •$15,000 $10,002 $0 $0 $4,998 Rating Agency Fee $15,000 $10,002 $0 $0 $4,998 Issuance Fees(Municipal) $0 $0 • $0 $0 $0 Credit Enhancement Fee- $0 $0 $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 $0 Trustee&Counsel Fees $4,000 $2,668 $0 $0 $1,332 Printing $5,000 $3,334 $0 $0 $1,666 Financial Advisor $26,250 $17,504 $0 $0 $8,746 Miscellaneous/Fees $40,000 $26,672 $0 $0 $13,328 Subtotal Bond Financing : $164,625 $102,376 $2,938 $0 $59,312 Capitalized Interest(Gross) $284,908 $105,767 $4,442 $87,300 $87,400 .v RESERVES : Capital Replacement Reserve $0 $0 $0 $0 $0 Operating Deficit Reserve $0 $0 $0 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 $0 Debt Service Reserve $210,648 = • $97,500 $0 $0 $113,148 4 .lf:* • iv,,,,:..:. ,:i�\<+L<ii•::p:,.:..,,:: :iv,'•<::i: ...•C`t,,,w:.w:•.„•,vnx•., .nk:n:..,: .}:•,iii;. .'•\ Prepared by: Springsted Inc. (9/15/97 5:50 PM) Retail-Page 8 bEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 9115/97 RETAIL TAXBLE GO LIMITED TAX TEMPORARY TAX-EXEMPT BUDGET BUDGET BUDGET LOAN TIF BUDGET tgaMS ` lis ' i' t" 2 . AIRMOSACOY #Sr 24St : :: . ..;`'¢" ;:° . . 1.• ..:.....k+ Prepared by: Springsted Inc. (9/15/97 5:50 PM) Retail-Page 9 SOURCES&USES PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 9/15/97 Annual Public Contribution-Pooled NO( Sources Series D Temporary Loan $970,000.00 Series E GO TIF Txbl $975,000.00 Series F GO TIF T-Ex $1,140,000.00 Series E Limited Tax $235,000.00 Underwriter's Discount ($29,375.00) Accrued Interest $8,077.15 Other $0.00 Interest Earnings $67,066.57 $3,365,768.72 Uses Construction and Design of Project $2,719,793.00 Deposit to DSRF $210,647.68 Costs of Issuance $135,250.00 Operating Reserve Fund $0.00 Capitalized Interest $284,908.34 Contingency $15,169.70 $3,365,768.72 Sources and Uses at Closing Series D Series E Series F Series E Sources Total Temporary Loan GO TIF Txbl GO TIF T-Ex Limited Tax Par Amount of Bonds $3,320,000.00 970,000.00 975,000.00 1,140,000.00 235,000 Underwriter's Discount ($29,375.00) 0.00 (12,187.50) (14,250.00) (2,937.50) Interest Earnings $67,066.57 19,594.75 19,695.76 23,028.88 4,747.18 Accrued Interest $8,077.15 2,364.38 2,864.51 2,367.08 481.18 Other $0.00 0.00 0.00 0.00 0.00 Other $0.00 0.00 0.00 0.00 0.00 Other $0.00 0.00 0.00 0.00 0.00 $3,365,768.72 $991,959.13 $985,372.77 $1,151,145.97 $237,290.86 Uses Construction Fund $2,495,615.00 904,659.13 526,592.68 831,514.00 232,849.19 Design Cost $102,082.00 0.00 64,266.00 37,816.00 0.00 Development Cost $122,096.00 0.00 86,416.00 35,680.00 0.00 Subtotal Project Fund $2,719,793.00 $904,659.13 $677,274.68 $905,010.00 $232,849.19 Debt Service Reserve Fund $210,647.68 0.00 97,500.00 113,147.68 0.00 Operating Reserve Fund $0.00 0.00 0.00 0.00 0.00 Capitalized Interest $284,908.34 87,300.00 105,766.67 87,400.00 4,441.67 Costs of Issuance $135,250.00 0.00 90,188.00 45,062.00 0.00 Other $0.00 0.00 0.00 0.00 0 Contingency $15,169.70 0.00 14,643.42 526.28 0.00 $3,365,768.72 $991,959.13 $985,372.77 $1,151,145.97 $0.00 Prepared by: Springsted Inc.(9/15/97 5:50 PM) Retail-Page 10 l ' PROJECT REVENUES PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 9/15/97 'RENTAL INCOME: I RENT UNIT NUMBER % SQ.FT. MONTHLY PER SQ.FT. TOTAL. TOTAL TYPE DESCRIPTION OF UNITS OF TOTAL PER UNIT REVJUNIT PER MONTH PER MONTH ANNUAL 'APARTMENT UNITS: I Family A. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 D. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 i0 E. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 F. 2 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 S0 Senior A. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 $0 D. 1 Bedroom(large) 0 0% 0 $0.00 50.000 $0 $0 E. 1 Bedroom&Den 0 0% 0 $0.00 50.000 $0 $0 F. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 G. 2 Bedroom(standard) 0 0% 0 $0.00 $0.000 $0 $0 H. 2 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 50.000 $0 $0 TOTAL FOR ALL UNITS: 0 0% 0 $0.00 $0.000 $0 $0 'OTHER RENTAL INCOME: I OF PARKING STALLS: 0 RENT PER MONTH: $0.00 $0.00 $0 $0 COMMERCIAL GROSS RENT Yr 1-10: 25,373 RENT PER S.F. $0.00 $8.50 $17,973 $215,671 COMMERCIAL GROSS RENT Yr 11-20: 25,373 RENT PER S.F. $0.00 $9.50 $20,087 $241,044 COMMERCIAL GROSS RENT Yr 21-30: 25,373 RENT PER S.F.: $0.00 $10.00 $21,144 $253,730 OTHER RENTAL INCOME: 'VACANCIES: I APARTMENTS 0.00% $0.00 $0.000 $0 $0 PARKING 0.00% $0.00 $0.000 $0 $0 STORAGE 0.00% $0.00 $0.000 $0 i0 COMMERCIAL 0.00% $0.00 $0.000 50 $0 TOTAL VACANCIES: $0.00 $0.000 $0 $0 NET RENTAL INCOME: $0.00 $0.000 $0 $0 'OTHER INCOME: I (Annual) 'SERVICE INCOME: I LAUNDRY $0 50.00 S0.000 S0 $0 OTHER $0 $0.00 50.000 $0 $0 TOTAL SERVICE INCOME: $0.00 $0.000 $0 $0 (FINANCIAL INCOME: I DSRF INTEREST $0 $0.00 50.000 $0 $0 OTHER INTEREST $0 $0.00 $0.000 $0 $0 TOTAL FINANCIAL INCOME: $0.00 50.000 $0 $0 'MISCELLANEOUS INCOME: I DRAWS FROM RESERVES $0 $0.00 $0.000 $0 $0 GRANTS AND LOANS $0 $0.00 50.000 i0 SO PILOT REFUND $0 $0.00 50.000 $0 $0 OWNER CONTRIBUTIONS $0 $0.00 $0.000 SO SO OTHER $0 $0.00 $0000 $0 $0 TOTAL MISC.INCOME: $0.00 $0.000 SO SO TOTAL OTHER INCOME: $0.00 $0.000 $0 $0 'TOTAL PROJECT INCOME: $0.00 $0.000 varies varies' Prepared by:Springsted Inc.(9/15/97 5:50 PM) Retail-Page 11 River City Centre Project Summary of Development Agreement Project • 52 units of rental housing for seniors • Underground ramp for housing, surface parking available to the public • Approximately 25,000 square feet of retail space • All-brick exterior, flat roofs, bay windows and French balconies. Ownership • EDA retains ownership of Blocks 3 and 4. • Ground Lease to the HRA • Project constructed in accordance with the City's design criteria • The retail space will be leased to a master tenant under a 30-year lease with 12 month (18 months in first year) rental guarantee from partners of tenant. Financing Housing: • $300,000 (estimate) HRA Gross Revenue Bonds • $3,240,000 HRA Revenue Bonds (Shakopee General Obligation) • $1,470,000 (estimate) HRA Special Benefit Tax Bonds Retail: • $970,000 (estimate) HRA Gross Revenue Note issued to the City of Shakopee • $2,115,000 HRA Tax Increment Revenue Bonds (Shakopee G. 0.) • $235,000 (estimate) HRA Special Benefit Tax Bonds Repayment to City, if necessary: • Any payments made by the City pursuant to its general obligation pledge would be repaid, with interest, from Surplus Revenues or certain available amounts from the HRA's special benefits tax levy. 1574505 .., z $. wi � tF, a I 40 �` $p. aet 4 ft u 8 r i 11.1 Iv to a ,... 1 P.Z' .6 o r 111 s ,g ' 1 ig 1...glz1 t ,244 8 ii 1 ill Gp�r O $ I rmi UI il 1 vi52 P'� (Xt.1 Beigz ;Z:V4Ig Ei Z aV i W.; t.) t IA Is V I F;, V i NA3 gN ,` F, k � F y e+ R. Q iSco ... � i 0 ii ci, ..& V tbi I for Aa 1 a m il g§ ege 1 a A a- V.r:. g 1 ri 1 Ii -• X„ieh Q r .. I1II 44.4 jiff i t A- M g It uht trip 11 I I Jilttlii tc4 w iii u i E a 98SEEtO9Zt 'ON/OE:L 1 '1,S/ZE:L1 L6 ,S1 '6 (NOW) GUN I3I V J23HIS 'I VNOS'I ?IOBa TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 16, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda • 5] Approval of Consent Business-(All items noted by an* are anticipated to be routine. After a discussion by the Mayor, there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: August 7, 1997, and August 19, 1997 *10] Approve Bills in the Amount of$1,275,483.45 11] Communications 12] 7:00 P.M. public hearing regarding the proposed issuance of$3,544,900 Scott County HRA Revenue Bonds/City of Shakopee General Obligation Bonds, Series B to finance the acquisition and construction of a 52-unit senior housing facility to be located on Blocks 3 & 4; Resolutions: a. No. 4744, Approving City general obligation pledge to Series B bonds b. No. 4745, Approving development agreement with County HRA c. No. 4746, Approving TIF Plan for District No. 10 13] Recommendations from Boards and Commissions A] Text Amendment to Zoning Chapter Regarding Home Occupations - Ord. No. 501 TENTATIVE AGENDA September 16, 1997 Page -2- 14] General Business A] Community Development *1. Extension of Preliminary Plat Approval for Dominion Hills 2. Park Dedication Fees for Minor Subdivisions in Valley Park 12th Addition *3. Variance to Cul-de-sac Right-of-way Requirement- Res.No. 4742 B] Engineering *1. Authorize Advertisement for Bid for 16 Foot Rotary Mower *2. Purchase of Box, Hoist, Plow, Wing and Sander for Two Single Axle Dump Trucks *3. Relocation of Stop Signs at Horizon Drive and Muhlenhardt Road Intersection *4. Setting Assessment Hearing for Valley Park 13th Addition Improvements, Project No. 1996-8 -Res. 4738 *5. Setting Assessment Hearing for Lateral Sanitary Sewer Extension East of French Trace, Project No. 1996-9 - Res.No. 4739 6. Setting Assessment Hearing for Sarazin Street,Roundhouse Street and 4th Avenue, Project No. 1994-10 -Res.No. 4740 *7. Setting Assessment Hearing for Fuller Street Improvements from 10th Avenue to Vierling Drive, Project No. 1995-8 - Res.No. 4741 8. Settlement of Claims for Upper Valley Drainageway, Project 1993-3 C] Police and Fire *1. Minn. Dept. of Public Safety Grant for Car Prowl Reduction- Res.No. 4743 D] Park and Recreation 1. Agreement for the Preserve Golf Course Tunnel E] General Administration 1. City Administrator's Annual Salary Adjustment 2. Amending the Personnel Policy Relating to the Family and Medical Leave Act Policy- Res. 4736 3. City Code Amendment Relating to Licensing Massage Centers and Therapists *4. Pawnbroker License- DRM LLC of Shakopee *5. First November Meeting - Date Change -Res. No. 4737 *6. Exemption from Lawful Gambling License - Shakopee Chamber of Commerce 15] Other Business 16] Adjourn to Tuesday, September 30, 1997, at 5:00 P.M. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 19, 1997 Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator; and Jim Thomson, City Attorney. A recess was taken at 7:03 P.M. for the Economic Development Authority meeting. The meeting re-convened at 8:24 P.M. The following item was added to the agenda: 14.C.3. Approving the Final Plat for South Parkview 3rd Addition. The following item was deleted from the agenda: 13.D.) Text Amendment to Zoning Chapter Regarding Shoreland District- Ordinance No. 500. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the consent agenda: 14.D.2.) Supplemental Work on Maras Street Improvement Project 1996-4, 14.D.3.) Change Order on 1997 Street Overlay Project 1997-2, 14.E.1.) Acquisition of Property Interests by Eminent Domain for Lots 1-8, Block 1, Riverview Estates 2nd Addition. The following items were deleted from the consent agenda: 14.B.1.) Dasher Board Advertising (Arena), 14.E.4.) Joint Powers Agreement-Coalition of Utility Cities Committee, and 14.E.8.) Resignation of Trisch Gross from Shakopee Community Access Corporation Board. Sweeney/DuBois moved to approve the consent agenda as modified. Motion carried unanimously. Zorn/DuBois moved to amend the agenda by adding 15.A.) Area Code Split Proposal, to the agenda. Motion carried 4-1 with Cncl. Sweeney opposed. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. A recess was taken at 8:38 P.M. The meeting re-convened at 8:51 P.M. Mayor Henderson asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. There was no response. Official Proceedings of the August 19, 1997 Shakopee City Council Page -2- Sweeney/DuBois moved to approve the minutes of July 15, 1997, Adjourned Regular Session. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve bills in the amount of $747,334.74. (Motion carried under the Consent Agenda). The following item was taken out of the regular order on the agenda: 14.C.2.) Best Western Canterbury Inn Appeal of the BOAA's Denial of a 45 Foot Sign Variance. Mr. Leek explained that Canterbury Inn's request for a 45 foot variance for a 65 foot sign was reviewed by the Board of Adjustments and Appeals and was denied. He said the applicant has appealed the denial and requested that staff be directed to prepare a resolution consistent with findings in favor with the Board's determination or in favor of the appeal. John Roach, on behalf of the Best Western Canterbury Inn, approached the podium and expressed concerns relating to the identification of the business since the construction of the bypass. He said because the highway is higher than the building, the visibility and location of the present sign are indistinguishable to travelers on the highway. It is for this reason that Best Western Canterbury Inn has requested a 45 foot variance to the 20 foot maximum free standing sign to erect a 65 foot sign. The Board of Adjustments and Appeals reviewed and denied the request because it did not meet all the requirements for granting a variance. Mr. Roach explained that travelers have repeatedly complained that they could not fmd the hotel and canceled reservations after passing by. He presented an argument that reasonable use includes a place that can be found and that the need for a height variance is unique to the property, as it predates the bypass, and is the only property in the area that cannot clearly be seen from the highway. He discussed the spirit and intent of the sign ordinance, stating that the road was brought to the Canterbury Inn. He suggested a narrowly drawn variance that would be unique to the property by allowing for a sign that would be no higher than the highest point of the highway. Zorn/Link moved to deny Resolution No. PC97-76 (A resolution denying a 45 foot variance for a 65 foot free standing sign for Best Western Canterbury Inn) and directed staff to draft a resolution of approval, granting a 45 foot variance from the 20 foot maximum free standing sign height within the Major Recreation(MR) Zone. A discussion ensued relating to other options and the possibility of setting precedence. Mayor Henderson recommended that the Planning Commission initiate an ordinance change. Official Proceedings of the August 19, 1997 Shakopee City Council Page -3- Jon Albinson, Valley Green Business Park, approached the podium and assured all, being the owner of the other three developable corners, that no signs higher than 20 feet will be permitted when the remaining three property areas are sold because of protective covenants on the properties. He said he would not support a higher sign for this sight. A discussion ensued relating to County Road 83 signage and similar MnDOT signage relating to the "next exit." Motion carried 3-2 with Cncls. Henderson and Sweeney opposed. The following item was taken out of the regular order on the agenda: 14.C.3.) Approval of Final Plat for South Parkview 3rd Addition. Sweeney/DuBois offered Resolution No. 4725, A Resolution of the City of Shakopee Approving the Final Plat for the South Parkview 3rd Addition, and moved its adoption. Cncl. Link stated he would be abstaining from the vote. Cncl. Link approached the podium and requested a legal opinion relating to storm water trunk charges and asked that it be included with the motion. Sweeney/Zorn moved to table the motion until a later time in this meeting (to give the City Attorney time to review the request). Motion carried with Cncl. Link abstaining. A recess was taken at 9:31 P.M. for the purpose of conducting an Executive Session to discuss matters permitted under attorney-client privilege. The meeting re-convened at 10:10 P.M. The regular order of the agenda was resumed, beginning with 13.A.) Bernhagen, Hauer, Breeggemann, Kerkow rezoning request from Agricultural (AG) to Multiple Family (R-3) and Highway Business (B-1) zones for property located south of Highway 169, east of Marschall Road, and north of St. Francis Hospital. Michael Leek stated that the request for rezoning is consistent with Shakopee's Comprehensive Plan. The Planning Commission has reviewed the request and recommends approval. Cncl. Sweeney stated he would be abstaining from discussion and the vote. DuBois/Zom offered Ordinance No. 499, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located South of Highway 169 and East of County Road 17 (Marschall Road) From Agricultural Official Proceedings of the August 19, 1997 Shakopee City Council Page -4- Preservation (AG) Zone to Highway Business (B1) Zone and Multiple Family Residential (R3) Zone, and moved its adoption. Motion carried with Cncl. Sweeney abstaining. Sweeney/Zom offered Ordinance No. 497, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, to Amend the Defmition of "Sign Area", and moved its adoption. Motion carried unanimously. Sweeney/DuBois offered Ordinance No. 498, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.40 (Central Business Zone), Subd.3.E., and moved its adoption. (Motion carried under the Consent Agenda.) A discussion ensued relating to selling and displaying advertising on the dasher boards in the Community Center hockey arena and utilizing wall space first. Zom/DuBois moved to table discussion of dasher board advertising for the Community Center hockey arena. Motion carried unanimously. Sweeney/DuBois moved to authorize the appropriate City officials to purchase a water treatment system for the Community Center Arena from Fremont Industries at a cost of $1,854.45. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4719, A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to remove Resolution No. 4725, Approving the Final Plat of South Parkview Addition, from the table. Motion carried unanimously. Jim Thomson stated that he reviewed the resolution from which the stormwater trunk charges were adopted and that the resolution states that charges will not be applied to any development if it received preliminary plat approval prior to September 17, 1996, with the exception that if the property is replatted after September 17, 1996, the stormwater charges would apply. Cletus Link approached the podium and stated that Mr. Thomson is right on the replatting. This is a question of fairness, and he explained that he was forced to replat because the State took 30 feet of his property and that the property was rezoned. Mr. Thomson stated that the City Council can make changes to the resolution. Sweeney/Zom moved to amend Resolution No. 4725 by removing condition No. 10 (which requires the developer shall pay storm water trunk charges). Motion carried with Cncl. Link abstaining. Official Proceedings of the August 19, 1997 Shakopee City Council Page -5- Resolution No. 4725, as amended, carried unanimously with Cncl. Link abstaining. Sweeney/DuBois offered Resolution No. 4720, A Resolution Requesting the Realignment of Vierling Drive From Presidential Lane to County Road 69 (Old T.H. 169), and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to authorize a purchase order for supplemental work on Maras Street for the screening, processing and disposal of contaminated soil to Clean Sweep ($19,000). (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to authorize a change order to the 1997 Street Overlay, Project No. 1997-2 for the Dominion Hills paving work, with costs to be reimbursed to the City from escrow funds on Dominion Hills. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4724, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing The Acquisition of Interests in Certain Properties by Proceedings in Eminent Domain for Lots 1 through 8, Block 1, Riverview Estates 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Judith Cox explained that staff was previously directed to research the ordinances of other city's relating to licensed massage therapists and certified therapists. Information from ten communities has been gathered and a comparison of their regulations prepared. She said that three of the ten communities do not regulate therapeutic massage, nor do they have anyone in their community practicing therapeutic massage. Staff suggests continuing with the existing educational requirements outlined in the City Code. Also recommended is the removal of language requiring photographing and fmger printing of applicants and adding additional language to allow the application for a conditional use permit for a home occupation as opposed to requiring a massage center license in the general commercial district, and adding language allowing a bona fide health and sports establishment to apply for a conditional use permit as opposed to requiring a massage center license in the general commercial district. Zorn/Sweeney moved to accept staff recommendations with the exception of language allowing for the application of a conditional use permit for a home occupation, as opposed to requiring a massage center license in the general commercial district. A discussion ensued relating to education and City Code requirements. Sweeney/DuBois moved to amend the motion to include language allowing the application for a conditional use permit for a home occupation as opposed to requiring a massage center license in the general commercial district. Motion carried 4-1 with Cncl. Zorn opposed. Official Proceedings of the August 19, 1997 Shakopee City Council Page -6- Staff was also directed to review Subdivision 5 of Section 6.42 of the City Code when drafting the code amendments. The main motion, including all four recommendations, carried 4-1 with Cncl. Zorn opposed. Mark McNeill stated that the issue of liability insurance needs addressing in relation to the Artrain visit. In addition to Shakopee Community Arts Council (SCAC) providing $1 million in general public liability insurance, ConAgra has requested that the City indemnify and defend it from any liability claims in exchange for use of the siding. The SCAC does not currently have its own liability insurance. He said that the City has insurance, however, provisions would need to be made to be able to extend coverage to ConAgra. He also noted that the City's coverage is capped at $600,000 and extra coverage would need to be purchased. Options include entering into contracts with the Arts Council and ConAgra, with the City agreeing to indemnify and defend both parties from liability coverage. The cost of providing extra coverage is $500.00 and can be taken from the existing budget. Sweeney/Link moved to authorize the appropriate City officials to sign the agreements between the Shakopee Community Arts Council and the City of Shakopee and ConAgra and the City of Shakopee; and, purchase the additional liability insurance for the upcoming Artrain visit. Motion carried unanimously. Mr. McNeill noted that there will be some assistance needed from the Public Works Department for the Artrain visit along with costs for grading and signs. A discussion ensued relating to a request that the City consider entering into a joint powers agreement with a group of other cities, who will be lobbying the Legislature regarding property tax issues. Zorn/Sweeney moved to participate in the joint powers agreement for the Coalition of Utility Cities Committee, and direct the Mayor and City Clerk to execute the joint powers agreement. Motion carried unanimously. Zom/Sweeney offered Resolution No. 4723, Establishing the Date for a Public Hearing Regarding the Issuance by Scott County Housing and Redevelopment Authority of its Housing Development Revenue Bonds (City of Shakopee General Obligation), Series 1997, in an Aggregate Principal Amount Not To Exceed $3,44,900 (scheduled for September 16, 1997), and moved its adoption. Motion carried unanimously with Cncl. DuBois abstaining and Cncl. Link opposed. Sweeney/DuBois offered Resolution No. 4721, A Resolution Relating to General Obligation Improvement Bonds, Series 1993B; Authorizing Redemption and Defeasance of Bonds, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the August 19, 1997 Shakopee City Council Page -7- Sweeney/DuBois moved to accept, with regrets, the resignation of Jon Brekke from his position on the Planning Commission/BOAA; and offered Resolution No. 4722, A Resolution Filling A Vacancy On the Board of Adjustment and Appeals and on the Planning Commission, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to direct staff to research other city's and how they operate their Cable Access; and whether they use employees of the City or independent contractors, and to bring this information to the Council at a future date. Motion carried 3-2 with Cncl. Sweeney and Mayor Henderson opposed. DuBois/Zom moved to accept, with regret, the resignation of Trish Grose from the Shakopee Cable Community Access Corporation. Motion carried unanimously. Cncl. Zorn withdrew item 15.A. relating to the area code split proposal because the City Attorney answered his questions during the break. Sweeney/Link moved to adjourn to August 21, 1997, Budget Worksession at 4:00 P.M. The meeting was adjourned at 10:55 P.M.gA Z ith S. Cox • tAltE(i J . OfF • ty Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE,MINNESOTA AUGUST 7, 1997 Mayor Henderson called the meeting to order at 4:05 P.M.with Councilmembers DuBois,Zorn, Sweeney,and Link present. Also present: Mark McNeill, City Administrator; Gregg Voxland,Finance Director;and Judith S. Cox,City Clerk. Sweeney/Zorn moved to approve the agenda as printed. Motion carried unanimously. Mr. McNeill explained that Mr. Leek,along with the help of the City Attorney,has prepared the resolution approving the Perry Dental Office's request for variances. Zorn/DuBois offered Resolution No.4718,A Resolution of the City of Shakopee, Minnesota,Approving Perry Dental Office's Appeal of the Board of Adjustments and Appeals Denial of Requested Variances,and Approving; 1)An 8 Foot Variance to the Required 30 Foot Rear Yard Setback to Permit A Rear Yard Setback of 22 Feet; 2) A 5 Foot Variance to the Required 5 Foot Parking Setback to Allow A 0 Foot Setback, and 3) A 2 Parking Space Variance to the Required 40 Parking Spaces to Allow 38 Parking Spaces; and moved its adoption. Motion carried unanimously. Zorn/Sweeney moved to adjourn to Tuesday,August 19, 1997,at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 4:13 P.M. at which time the Councilmembers met in a worksession to begin discussions on the proposed general fund budget for 1998. totdit S. Cox • lerk Recording Secretary CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 11, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 09/11/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control _ of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $86 .49 . Action Requested - Move to approve the bills in the amount of $1, 275, 483 .45 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/11/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 -118 31,846 36 12 CITY ADMINISTRATOR 249,980 5,331 117,604 47 13 CITY CLERK 166,720 7,358 106,711 64 15 FINANCE 322,780 7,447 212,153 66 16 LEGAL COUNSEL 217,320 282 103,204 47 17 COMMUNITY DEVELOPMENT 451,290 12,945 234,754 52 18 GENERAL GOVERNMENT BUILDINGS 146,940 6,980 87,727 60 31 POLICE 1,703,140 63,267 1,139,464 - 67 32 FIRE 448,990 12,203 230,153 51 33 INSPECTION-BLDG-PLMBG-HTG 245,070 6,926 158,223 65 41 ENGINEERING 425,780 16,448 233,184 55 42 STREET MAINTENANCE 781,860 15,697 464,493 59 44 SHOP 126,540 6,418 78,471 62 46 PARK MAINTENANCE 350,420 10,221 192,932 55 91 UNALLOCATED 622,630 322 682,111 110 TOTAL GENERAL FUND 6,348,870 171,728 4,073,028 64 17 COMMUNITY DEVELOPMENT 496,770 36,838 277,866 56 TOTAL TRANSIT 496,770 36,838 277,866 56 19 EDA 140,580 1,870 76,174 54 TOTAL EDA 140,580 1,870 76,174 54 H CurtS a KC a a a a as a a a a a a a Cu a as a s as a a a a a a a a a a as a s H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H Z W w 0m a2 z 0 z N w 01 U CV H r W N a) rnrnrnrnrnrnrnrnrnrnrnrnrn ,„ r4r+r4 r4r4r4r4r+r4r+r4r4r4 '4 o r l0 \o O TP t0 O Tr 10 TP 10 O TV to TV TV TN TV TN O w w ar.r-r-arrant'crrNarrdrTV Tr TPNNN r- Z> ON ON 01 LO w TP TP Ul un in in Ln TP LnwCw V'drwuo un in ul un ill unLn H N CD 0 0 0 TP 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 N t0 r.l 0 rl H H ri r4 1-4 ri H H H H ri H CO N H r1 H H H H H H r-I rl H H r1 O M H Ey N N 00 H 01 M M M 01 on M M M M M M M r r 01 M M M M M M M MM M MMr a0 a) Za. 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CO# 1DK 1D4t LO it Lfl* LD 'a 41 Ln V Ln V U) V Ln V Ln V Ul V Ul V Ln V U) V U) V LO V U) V Ln V Ln O x U U N 11) • th RI LL • 0 0000000 0 0 z C4 14 0 a aZ D z 0 z C4 U H H 0 M M M M M M M O\ 0 • LD LD LD AO LO LD LD CO M CO N LO LO LD l0 LD L.D 1.0 M W N V V'V'V C V'V H V' H 0 0 0 0 0 0 0 0 ri O r-I 0000000 lO 0 0 0 0 0 0 0 0 0 0 0 E4 1-1 ri r1 ri r-1 H rl H v m Z a m N N N N N N N N M X r27 V V V V V'V'V V' V' w 0 C0 1 1 1 I 1 1 1 I 1 I C3 N MHNHHHH H H o X V In r1N w NN-1 d' H Iy'Z LD N M LO V'V'M V' V' r1 10 0 0 0 0 0 0 0 0 0 Cr) W W U U O 00 9 ECO WWcn WWWW Z U ri H OS HHHHHHH W Z E w aaaaaaa E rIl m as CO aaaaaaa Z E 0 H a a a a(1.1 a a H C/) -- D: a X X X X X X X FC H U 4 CO CA c/a CA En al al X En rn CO Z an C7 C7 C7 C7 C7 C7 C7 E A 01 A H ZZZZZZZ Z CO H CA HHHHHHH ri) 1 CO E E E E E E E a a W 4444444 a W ' 0 aaaaaaa a a r-i a 0000000 w E H 0 z _ H Cl) C4 0 O z 0000000 3 UUUUUUUQ H X Z O xxxxxxX m a CO• 0000000 x m COO Cn C4 al al CA C1) E `.1 0000000 z z 0:1 CLC4C41:41:4W1:4 C4 C4 3 >+}i 7+'+'+>+'+ N 0 * * * LI/0 MO V'N In NO1 Lott/ 0101 111 E Nin O r4MO,V'NHN 00 V V V Z • CA 1--1 1,1O1COLf N L.0NH NIS NN M O riH t?rl+?N+1}vO L?M N N k lO CO LD N ih +/1. ri N N N -4 H V C/1- VI- i?t? t?t/} NN Lf1 • CO N N o N W ri Ix U W E CO W 0 0000000 0 0 H E H i H 1 ri rr1HHH H r C9 ,: \ \\\\\\\ \ \ W (Z1 CA 01 01 01 01 01 01 O1 CA rn x 0 0000000 0 0 �,,,,,,,,,,,, U• N N N N N N N N N N W 01 01 O1 O1 O\O1 O1 O1 61 rn W x O1 O1 O\O1 OI O1 O1 O1 O1 01 x C) H H H H ri rl -4 H H H U I-1 0 N M w t11 H V' d C .44 O x a A w A V A V A Z U LO* A.0 * LD* AD * .J W to V to V Lf1 V UI V O x C2_ _ U H 1) , en m 0 H rn 0 N 0) 01 H a W H H Ln N 01 l0 f') M N N D1 141 l0 01 0 111 H 01 d' r l0 a0 O 01 H H N 0 41 d' V' L0 o N l0 L11 N H H 0 N O f"1 N CO 0 LO H H 00 0\ N N CO 01 CO N 41- M H CO N 0 H N d' Lfl LO C' 01 M N O 1.11 O O 0 CO LO Lf1 CO C') t? M 01 L? +? 0 H U1 H N N N444 H N L? i/} t? 1? N t? LT V> 4.1 • C.) ] h E' F 0 H H Z Z H H Z• X z F 0 0 w w x Cr) z O 0 Z W C7 D rrl• a w z w Z 0 w >4 Ct. w H H OH 4 00- 0 w a 4 Y' a W H X a H Cr) 4 0) H m a ° w a a E• Z m w 0 £ a < a H 0 0" H 00 w U C.) Cr) CY .0 44 01 01 H Z E' W W U] C7 H W a C.) H H [T. of U) Lx a W C.) W 444 U) o H N o H 0 0 0 0 0 U 0 H H ' d d' d' st' N N N N CO d itk 3>: it 3t 3>: 3t it 3t it tk it 3t C.) 00 0 0 0 0 0 0 0 0 0 0 ZZZZZZ Z Z Z Z Z ZZ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C.) w Cr.. w w w w w w w C. w w I. #! CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator I i SUBJECT: Blocks 3/4 City Council Actions - September 16th DATE: September 11, 1997 INTRODUCTION: At its meeting of September 16th,the City Council will be asked to hold a public hearing, and to take action on other issues relating to the Blocks 3 and 4 development. BACKGROUND: Over the past several weeks,the City and the Scott County HRA have been negotiating provisions of documents which would facilitate the construction of a development on Blocks 3 and 4. The development known as"River Center", would consist of 25,300 sq. ft. of retail on the ground level, and 52 market rate senior apartment units on two floors above. Earlier that evening,the EDA is expected to consider action on other issues, some companion to the following actions to be taken by the City Council: 1. Public Hearing- City general obligation pledge to Series B bonds. MSA 469.034 requires a City to hold a public hearing on the issuance of$3,240,000 of G.O. housing bonds(Series B). While the actual issuance will be by the Scott County HRA, and was approved at their September 9th meeting, the City of Shakopee is being asked to provide full faith and credit backing of these bonds. The City would be involved should the primary source of repayment(housing rents)prove to be insufficient to repay these 30 year bonds. A debt service reserve fund would be created, in addition to operating and replacement reserve accounts. The security to the City would be the second lease hold mortgage on the housing portion of the project. After taking input at the public hearing, should the City Council choose to proceed, a resolution approving the City's general obligation pledge to the Series B bonds will be needed. This would be subject to final ratification of financing documents (as defined in the Development Agreement), and would be available for consideration at a special meeting,which would be held September 30th. 2. Resolution Approving Development Agreement A development agreement will be considered between the City, EDA, and Scott County HRA. This was presented in some detail at the September 2nd EDA meeting. Revisions as a result of that meeting, and subsequent negotiations between the parties is attached. A copy of the most recent draft, dated September 11th, is attached. If acceptable to the Council, a resolution approving the agreement will be necessary. 3. Resolution Approving TIF Plan Modification In order for Blocks 3 and 4 to utilize tax increment revenues, modifications to the existing TIF plan will be required. The TIF plan when originally established had only general financial information, and anticipated such things as demolition and land acquisition. With the River Center proposal, the TIF plan must be modified to reflect the use of tax increment to repay portions of the financing program dependent upon TIP revenues. Ron Langness of Springsted will be in attendance at the meeting to answer questions on this. DISCUSSION: Negotiations have continued between the three parties, even as of the writing of this memo. One of the issues still being discussed is the treatment of the TIF pledge agreement, as it appears that there is more TIP money available now than originally anticipated. The best way to utilize this for City/EDA purposes is being pursued. As a result, there will not be action taken on a TIP pledge agreement, or action relating to TIF/G.O. bonding which will need to be deferred until the special City Council meeting which had been scheduled for other purposes on September 30th. In addition, it appears to be merit in returning to the concept of a City loan to the project, rather than a variable rate bank loan for the retail portion. This is after receiving some preliminary recommendations from consultant Mark Ruff of Ehlers. It is likely that$50,000 which the City had budgeted to be contributed to the project(in order to comply with fiscal disparities local contributions)might be better as a loan to the retail portion of the project. That can then be returned with interest to the City, along with proceeds from other sources. The advantage to the City is that it will then be first mortgage holder, rather than a second mortgage holder. If necessary, public hearings convened at the September 16th,meeting can be continued until September 30th. ACTION REQUIRED: There will be a special delivery on Monday to the Council. Action to be taken at the Tuesday night meeting will be described therein. Other action will be necessary at a special meeting on September 30th. CC `1,2 ,r;t.,1,4A6 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Loan to Scott County HRA DATE: September 12, 1997 Introduction & Background Under discussion is the option of the City loaning money to the Scott County HRA for the Blocks 3 & 4 instead of an HRA bond issue or a bank loan. This memo addresses the potential source of the money if Council decides to make such a loan. The loan would be repaid in the 7 year time frame . The approximate amount of the loan would be about $950, 000 with the final number set with the bonding package. Equipment Fund: This fund has the cash available for the next five years based on the 5 year equipment list . General Fund: Taking the loan out of the General Fund would leave the fund balance at 10% instead of the 25% lower end of the target range set by council (after reservations and designations) . 10% is slightly lower than previous target balances . With some anticipated surplus from 1997 operations, there should not be a problem maintaining cash flow for operations. There are some potential problems existing with possible repayments of TIF monies, probably from the General Fund, for previous years activity. Those issues have been quiet for a year but I am not aware of official closure . Storm Drainage Fund: Based on the CIP, there cash available . Sewer Fund: Based on the CIP, there cash available within the base account and within the total fund. Not Available - Capital Improvement Fund: The City Attorney has advised that the CIF could not be used as a source of money to loan to the EDA or HRA for this project . Staff is researching removing the restrictions on the use of this fund. Comment Council has historically not used enterprise funds for any other purposes. )1) Gregg Voxland Finance Director I:\finance\docs\gregg\3&41oan DRAFT: A September 12, 1997 J DEVELOPMENT AGREEMENT BETWEEN SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, CITY OF SHAKOPEE, MINNESOTA AND ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA This document was drafted by: Leonard, Street and Deinard Professional Association 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402 TABLE OF CONTENTS Page ARTICLE I - Definitions 2 Section 1.1. Definitions 2 ARTICLE II - Representations 5 Section 2.1. Representations by the HRA. 5 Section 2.2. Representations and Warranties by the EDA. 5 Section 2.3. Representations and Warranties by the City. 5 ARTICLE III - Project; Ground Lease; Retail Lease; Development Committee 7 Section 3.1. General 7 Section 3.2. Ground Lease 7 Section 3.3. Financing of Site Improvements. 7 Section 3.4. Development Committee 7 ARTICLE IV- Project Financing 8 Section 4.1. General. 8 Section 4.2. Local Contribution. 8 Section 4.3. Housing Facility Bonds. 8 Section 4.4. Special Benefit Tax Bonds. 8 Section 4.5. Retail Facility Bonds 8 Section 4.6. Surplus Revenues, Reimbursement to City 9 Section 4.7. Project Management. 10 ARTICLE V- Insurance 11 Section 5.1. Insurance. 11 ARTICLE VI - Property Taxes; PILOT 13 Section 6.1. Real Property Taxes. 13 Section 6.2. Use of Tax Increments. 14 ARTICLE VII - Events of Default 15 Section 7.1. Events of Default Defined 15 Section 7.2. Remedies on Default. 15 1571051 i 9/12/97,11:57 AM Development Agreement Section 7.3. No Remedy Exclusive 15 Section 7.4. No Additional Waiver Implied by One Waiver. 15 ARTICLE VIII - Additional Provisions 16 Section 8.1. Conflict of Interests; HRA Representatives Not Individually Liable 16 Section 8.2. Equal Employment Opportunity 16 Section 8.3. Restrictions on Use. 16 Section 8.4. Provisions Not Merged With Deed 16 Section 8.5. Titles of Articles and Sections 16 Section 8.6. Notices and Demands 16 Section 8.7. Counterparts. 17 Section 8.8. Recording. 17 Section 8.9. Supersedes Joint Powers Agreement. 17 Exhibit A- Bond Term Sheet A-1 Exhibit B - Description of Project B-1 Exhibit C -Legal Description; Permitted Encumbrances C-1 Exhibit D - Summary of Ground Lease Terms D-1 Exhibit E - Summary of Retail Lease Terms E-1 1571081 11 9/12/97,11:57 AM Development Agreement DEVELOPMENT AGREEMENT THIS AGREEMENT, made this_day of October 1997, by and between the SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (the "Authority"), a public body corporate and politic and political subdivision of the State of Minnesota (the "State"), the CITY OF SHAKOPEE, MINNESOTA (the "City"), a municipal corporation and political subdivision of the State, and the ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA (the "EDA"), a public body corporate and politic and political subdivision of the State, WITNESSETH: WHEREAS, the EDA has heretofore created, with the approval of the City, as required by law, its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Redevelopment Project") in an area(the "Redevelopment Project Area"), located within the City; and WHEREAS, the EDA has heretofore created within the Redevelopment Project Area, with the approval of the City, as required by law, its Tax Increment Financing District No. 10 (the "TIF District"); WHEREAS, the Authority and the EDA are each authorized by Minnesota Statutes to undertake redevelopment projects and housing development projects, as described in Minnesota Statutes, Section 469.001 through 469.047 (the "Act'); and WHEREAS, pursuant to that certain Joint Powers Agreement, dated as of August 1, 1996, the Authority and the EDA propose to jointly undertake a mixed-use project (the "Project") on the 100 and 200 blocks of East First Street, which is within both the Project and the TIF District; and WHEREAS, the Project will be comprised of 52-units of multifamily rental housing, and related parking facilities (the "Housing Facility"), an approximately 25,000 square foot retail facility (the "Retail Facility") and a public plaza and a public parking facility(the "Public Facilities"); and WHEREAS, the Authority- will issue certain bonds described herein to finance the acquisition and construction of the Project; and WHEREAS,the parties hereto desire to more specifically detail the rights and obligations of each of them in connection with the Project; NOW, THEREFORE, in consideration of the mutual covenants and obligations of the Authority, the EDA and the City, each party does hereby represent, covenant and agree with the other as follows: 1571081 1 9/12/97,11:57 AM Development Agreement ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes. Sections 469.001 to 469.047, as amended. "Agreement" means this Development Agreement, as the same may be from time to time modified, amended, or supplemented. "Assignment of Pledge Agreement" means the Assignment of Pledge Agreement, dated as of October 1, 1997,pursuant to which the City assigns to the Authority the Pledge Agreement. "Authority" means the Scott County Housing and Redevelopment Authority, a public body corporate and politic and political subdivision of the State, and its successors and assigns. "Bonds"means the Series A Bonds, Series B Bonds, Series C Bonds, Series D A Note, Series E Bonds and Series F Bonds, designated on Exhibit A attached hereto, to be issued by the Authority pursuant to this Agreement and the related Financing Documents. "City"means the City of Shakopee, Minnesota, a municipal corporation and political subdivision of the State, and its successors and assigns. "Closing"means the closing of the Bonds and the date of delivery of the Ground Lease. "County" means the County of Scott, Minnesota. "EDA" means the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic and political subdivision of the State, and its successors and assigns. "Event of Default" means an action described listed in Article VII of this Agreement. "Financing Documents" means the documents so designated on Exhibit A for each series of Bonds. "General Obligation Note" means the General Obligation Tax Increment Note of the City made to the Authority to secure the Series E and F Bonds. "Ground Lease''means the Ground Lease described in Section 3.2 and Exhibit E hereof, from the EDA as lessor to the Authority as lessee. "Housing Facility"means the 52-unit multifamily rental housing development to be located on a portion of the first floor, and all of the second and third floors of the Project, the 52-stalls of underground parking, and other improvements functionally related and subordinate thereto. 1571081 2 9/12/97,11:57 AM Development Agreement • "Maturity Date" means the date that the Bonds, and any debt of the Authority issued to refund the Bonds, have been paid in full in accordance with the terms thereof, and the City has been repaid in full any amounts advanced by the City to pay debt service on the Series B, E and F Bonds as provided in Section 4.6 hereof. "Payment Obligation"shall have the meaning given such term under Section 4.6. "Pledge Agreement" means the Pledge Agreement between the City and the EDA pursuant to which the EDA pledges certain Tax Increment to the City as further provided in Section 4.5 hereof. "Project" means the multi-use project identified on Exhibit B attached hereto, to be constructed by the Authority on the Site, comprised of the Housing Facility, the Retail Facility and the Public Facilities. "Property" means the real property upon which the Project will be constructed, a legal description of which property is attached as Exhibit C to this Agreement. "Public Facilities" means the surface parking lot and the plaza identified on Exhibit B to be constructed on the Property, which will be owned and operated by the Authority, and made available to the general public. "Redevelopment Plan" means the EDA's Project Plan for the Minnesota River Valley Housing Development and Redevelopment Project No. 1, adopted on January 2, 1979, as amended from time to time. "Redevelopment Project Area" means the real property located within the boundaries of the Redevelopment Project. "Redevelopment Project" means the EDA's Minnesota River Valley Housing and Redevelopment Project No. 1, created pursuant to the Project Plan for the Minnesota River Valley Redevelopment Project No. 1, adopted on January 2, 1979, and as from time to time amended. "Retail Facility" means the approximately 25,000 square feet of retail space to be located on a portion of the first floor of the Project, and improvements functionally related and subordinate thereto. "Retail Lease" means a lease by the Authority, as landlord, to a master tenant of the Retail Facility, as described in Section 3.3. "Series A and B Indenture" means the indenture of trust pursuant to which the Series A Bonds and the Series B Bonds, or any bonds issued to refund the Series A Bonds or the Series B Bonds, are issued. "Series D. E and F Indenture" means the indenture of trust pursuant to which the Series D A Note, the Series E Bonds and the Series F Bonds, or any bonds issued to refund the Series D A Note, Series E Bonds or Series F Bonds, are issued. 1571081 3 9/12/97,11:57 AM Development Agreement "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Property and which is remitted to the EDA as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "TIF District"means the EDA's Tax Increment Financing District No. 10. "TIF Plan" means the EDA's Tax Increment Financing Plan No. 10, adopted on November 8, 1995, as from time to time amended. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the Commissioner of Revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit(other than the entity seeking to be excused), which directly result in delays. 1571081 4 9/12/97,11:57 AM Development Agreement ARTICLE II Representations Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is a body public corporate and politic and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Authority is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2.2. Representations by the EDA. The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is a body public corporate and politic and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the EDA is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. (c) The EDA is the owner of the Property in fee simple. The Property is currently subject only to those encumbrances listed on Exhibit C hereto. (d) The Property is within the Redevelopment Project Area and the TIF District. The Redevelopment Project and the TIF District have been validly established pursuant to the laws of the State. Section 2.3. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a municipal corporation and political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,the terms, conditions or 1571081 5 9/12/97,11:57 AM Development Agreement • provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. 1571081 6 9/12/97,11:57 AM Development Agreement ARTICLE IIIDeve Project, Ground Lease, Retail Lease, lopmentCommittee Section 3.1. General. The EDA has acquired the Property pursuant to the Redevelopment Plan, and has demolished the buildings thereon. The EDA is currently the owner of fee simple title to the Property. Subject to the terms and conditions of this Agreement, including all exhibits hereto, the EDA will lease the Property to the Authority pursuant to the Ground Lease;the Authority will issue the Bonds, as described in Article IV, and will use the proceeds to construct and equip the Project (pursuant to the description of the Project and the schedule attached hereto as Exhibit B), which will be owned and operated by the Authority, subject to the Ground Lease; and the Authority will enter into a Retail Lease with respect to the Retail Facility as more full described in Section 3.3. Section 3.2. Ground Lease. The EDA will enter into a Ground Lease with the Authority, with substantially the terms set forth in Exhibit D attached hereto. Section 3.3. Retail Lease The Authority will enter into a 30 year lease of the Retail Facility (the "Retail Lease") with substantially the terms set forth in Exhibit E attached hereto, with a single tenant who will sublease the Retail Facility to individual retail tenants. The Retail Lease will be subject to the Ground Lease. Section 3.4. Waiver of Certain Fees The City shall waive the following fees otherwise chargeable in connection with the construction of the Project: Permit Fee, C.O. Charge, Plan Check^ and Grade/Survey Check A. Section 3.5. Development Committee. The parties hereby create a Development Committee which shall be comprised of the following 5 members or their designees: the President of the EDA, the Mayor and City Administrator of the City, and the Chair and Executive Director of the Authority, and which shall be and remain in effect as long as any of the Bonds for which the full faith and credit of the City is pledged remain outstanding. During the construction of the Project, the HRA shall submit to the Development Committee for review and approval any change orders which materially adversely affect any design elements of the Project expressly described in Exhibit B hereto. Following completion of the Project, the HRA shall submit to the Development Committee for review annual budgets for the Project prepared by or on behalf of the Authority in accordance with the requirements of any of the Financing Documents. Section 3.6. Notices. The Authority shall send to the EDA a copy of each and any report required to be made regarding the Project pursuant to the Financing Documents, and copies of all material notices to and from the Retail Tenant. 1571081 7 9/12/97,11:57 AM Development Agreement ARTICLE IV Project Financing Section 4.1. General. The Authority, with the cooperation of the EDA and the City will provide for the financing of the Project as provided in this Article IV, contingent on final approval of the Financing Documents,the Ground Lease and the Retail Lease by each of the parties hereto following any public hearings required by law. Section 4.2. Local Contribution. Pursuant to the TIF Plan, the City has elected to make a local contribution in lieu of the governmental aids penalty. The A issuance by the Authority of the Series C Bonds satisfies the local contribution requirement. Section 4.3. Housing Facility Bonds. The Authority will issue the Series A Bonds and the Series B Bonds to finance the construction and equipping of the Housing Facility. The Series A Bonds will be gross revenue bonds secured by a first lien on the gross revenues of the Housing Facility and by a leasehold mortgage on the Housing Facility granted by the Authority in favor of the bondholders. The Series B Bonds will be issued following completion of the procedural requirements of Minnesota Statutes. Section 469.034, Subd. 2, including the approval following a public hearing by the City, and will be secured by a lien on net revenues of the Housing Facility and by a pledge of the full faith and credit of the City. The Authority will grant a second leasehold mortgage in favor of the City to secure repayment to the City of any Payment Obligation as to the Series B Bonds. Section 4.4. Special Benefit Tax Bonds. The Authority will issue its Series C Bonds to finance the construction and equipping of a portion of the Housing Facility and a portion of the Retail Facility. The Series C Bonds will be secured solely by a pledge by the Authority of $123,000 of its special benefits tax in each year from 1998 through 2028. Section 4.5. Retail Facility and Public Facility Bonds. The Authority will issue the Series D A Note and the Series E Bonds to finance the construction and equipping of the Retail Facility and will issue the Series F Bonds to finance the construction and equipping of the Public Facilities. The Series D A Note will evidence a loan made to the Authority by the City pursuant to Minnesota Statutes, Section 469.041, subd. 10, and will be secured by a first lien on the A revenues generated by the Retail Lease(but not by Tax Increment). The Series E Bonds and Series F Bonds will be secured by a second lien on A revenues A generated by the Retail A Lease and by a pledge by the Authority of all of its right, title and interest in and to a General Obligation Note (the "General Obligation Note") and an Assignment of Pledge Agreement made by the City in favor of the Authority. The Authority will grant a A leasehold mortgage on the Retail Facility and the Public Facilities in favor of the City to secure repayment to the City of the Series D Note and any Payment Obligation as to the Series E and Series F Bonds. To secure the General Obligation Note, the EDA will execute and deliver to the City a Pledge Agreement in a form reasonably acceptable to the parties hereto, pursuant to which it will pledge to the City Tax Increment generated by the District, in an amount equal to not less than twenty percent (20%) of debt service on the Series E Bonds and Series F Bonds in each year during the terms thereof. 1571081 8 9/12/97,11:57 AM Development Agreement Section 4.6. Surplus Revenues, Reimbursement to City. (a) Surplus Revenues. Any amounts authorized to be released to the Authority in any year from the surplus funds established by the Series A and B Indenture or the Series D, E and F Indenture, and any net operating income received by the Authority from the Project following the date on which the Series A, B, D, E and F Bonds have been paid in full and the Series A and B Indenture and the Series D, E and F Indenture have been discharged (together, "Surplus Revenues") shall be applied by the Authority in the following order of priority: First, to the extent pledged to any series of the Bonds, to the trustee or paying agent for such series; Second, to repay to the City any and all advances that the City shall have made from its own resources (other than Tax Increment pledged pursuant to the Pledge Agreement)pursuant to either(i) the pledge by the Authority of the City's full faith and credit to the Series B Bonds, or(ii)the City's General Obligation Note: in each case together with interest thereon from the date of any such advance until repaid, at a variable rate of interest equal to the Reference Rate of First Bank National Association, in Minneapolis, Minnesota, as in effect and modified from time to time; Third, to fund any separate operating or other reserve established by the Authority for the Project from time to time; and Fourth, (i) as long as A any Bonds remain outstanding, (1) Surplus Revenues attributable to the Retail Facility will be used by the Authority within the City for housing or redevelopment purposes, with the prior approval of the EDA, and (2) Surplus Revenues attributable to the Housing Facility will be used by the Authority within the City, subject to any approvals of the EDA or the City which are required by law; and (ii) A when all of the Bonds have been discharged or defeased (at which time lease payments under the Ground Lease will be fair market lease payments as provided in the Ground Lease), the Authority shall retain all Surplus Revenues and shall apply the same for any purpose authorized by law. The Authority's obligation to repay the City pursuant to paragraph "Second" above shall be referred to in this Agreement as the "Payment Obligation". (b) Surplus Levy. To the extent that in any year that Surplus Revenues are not sufficient to satisfy any Payment Obligation the Authority will apply to such Payment Obligations that part of its special benefit tax received by it in that year which described as follows: (i) the portion of the special benefits tax allocable to Shakopee, (ii) less a A portion of the reasonable administrative and other fixed costs of the Authority allocable to Shakopee which are payable from the special benefits tax, (iii) which is A not restricted to any other bond contract or obligation for a project within the City of Shakopee. For purposes of this provision, the special benefits tax shall be deemed to be unrestricted to the extent that it is not pledged to the payment of a specific obligation, and the Authority is not obligated by contract, or otherwise, to use the special levy for a specific purpose in such year. Section 4.7. Proiect Management. The Authority will either manage the Project itself or will cause the Project to be managed only by established, experienced professional management companies that have continuously managed at least 200 units of multifamily rental housing units during the five year period prior to first being engaged to manage the Project. 1571081 9 9/12/97,11:57 AM Development Agreement Notwithstanding the foregoing, during any period when there is an outstanding Obligation from the Authorityto the City, Payment or during any period for which cash flows prepared by the Authority pursuant to the Financing Documents project that revenues available to pay debt service on the Series B, E or F Bonds will not be at least 105%of the amount required therefore, the City shall have the right upon prior written notice to the Authority and the trustees for the Series A, B, D, E and F Bonds (the "Trustees"), to direct the control, management and operation of the Project, subject only to any superior rights which any Trustee may have and enjoy pursuant to the terms of the Financing Documents. 1571081 10 9/12/97,11:57 AM Development Agreement • ARTICLE V Insurance Section 5.1. Insurance. (a) The Authority will provide and maintain at all times during the construction of the Project an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the EDA or the City, furnish the EDA or the City with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the EDA and the City shall be protected in accordance with a clause in form and content satisfactory to the EDA and the City; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1.000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and (iii) Workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Project, and during the term of the Ground Lease, the Authority shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the EDA or the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Project under a policy or policies covering such risks as are ordinarily insured against by similar businesses; (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the EDA and the City as additional insureds; and (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Authority, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Authority may, if permitted by law, be self-insured with respect to all or any part of its liability for workers' compensation . (c) All insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Authority which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Authority will deposit annually with the EDA 1571081 11 9/12/97,11:57 AM Development Agreement policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement, each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Authority, the EDA and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Authority may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Authority shall deposit with the EDA a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Project. (d) To the extent permissible under the Financing Documents, proceeds of insurance or a condemnation award for the Project shall be applied by the Authority to repair or rebuild the Project, but only as long as such insurance proceeds or condemnation award,together with other moneys available to the Authority for such purpose, are sufficient to complete such repair or rebuilding. 1571081 1 2 9/12/97,11:57 AM Development Agreement ARTICLE VI Property Taxes, PILOT Section 6.1. Real Property Taxes. The Housing Facility will be subject to a payment in lieu of taxes based on actual shelter rents charged for units in the Project (regardless of any subsidies provided to individual tenants) pursuant to Sections 469.040 and 272.01, as provided by law, and at least until the Maturity Date. The Retail Facility will subject to real property taxation as and to the extent provided in Section 469.040, Subd. 2. The Retail Facility Lease will require that the lessee agrees that prior to the Maturity Date it will not do any of the following to the extent that doing so would reduce the estimated market value of the Retail Facility below$ (the "Minimum Value"): (1) seek administrative review or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Retail Facility or such lessee or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (2) seek administrative review or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Retail Facility or such lessee or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) request to the assessor to reduce the market value of all or any portion of the Retail Facility below the Minimum Value; (4) petition the board of equalization of the County to reduce the Minimum Value of all or any portion of the Retail Facility; (5)petition the board of equalization of the State or the Commissioner of Revenue of the State to reduce the Minimum Value of all or any portion of the Retail Facility; (6) take any action in a district court of the State or the tax court of the State pursuant to Minnesota Statutes, Chapter 278, seeking a reduction in the Minimum Value of the Retail Facility; (7) make application to the City, County or Commissioner of Revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270 or Sections 469.1812 to 469.1815; or (8) pursue any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government. The Authority shall not transfer or permit the transfer of the Retail Facility, or any part thereof, to an entity exempt from the payment of real property taxes under State law. The Authority shall not, prior to the Maturity Date, apply or permit any tenant of the Retail Facility to apply for a deferral of property tax on the Retail Facility pursuant to any law or regulation. Section 6.2. Use of Tax Increments. Except for its obligations under the this Agreement regarding the Pledge Agreement to the City, described in Section 4.5 and 4.6, the EDA shall be free to use any tax increment received from the Property or the Project for any purpose for which such increment 1571081 13 9/12/97,11:57 AM Development Agreement may lawfully be used, pursuant to the provisions of Minnesota law, and the EDA shall have no obligations to the Authority with respect to the use of such increment. 1571081 14 9/12/97,11:57 AM Development Agreement ARTICLE VII Events of Default s Section 7.1. Events of Default Defined. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, the non-defaulting party, after providing thirty (30) days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible, may take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VII. Section 7.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 1571 081 15 9/12/97,11:57 AM Development Agreement ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests; Representatives Not Individually Liable. The Authority, the EDA and the City, to the best of their respective knowledge, each represent and agree that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority,the EDA or the City shall be personally liable with respect to any other party, or any successor in interest, in the event of any default or breach by the Authority, EDA or City or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. Section 8.2. Equal Employment Opportunity. The Authority, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations Section 8.3. Restrictions on Use. The Authority agrees for itself and its successors and assigns: (a) it shall use the Housing Facility as a '`qualified housing development project" for elderly persons, pursuant to the Act, as long as any Series B Bonds remain outstanding; and (b) it shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease or rental, or in the use or occupancy of the Project or any improvements erected or to be erected thereon, or any part thereof. Section 8.4. Provisions Not Merged With Ground Lease. None of the provisions of this Agreement are intended to or shall be merged by reason of the Ground Lease and such Ground Lease shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally; and (a) in the case of the Authority, is addressed to or delivered personally to the Authority at 16049 S.E.Franklin Trail, Suite 104,Prior Lake,MN 55372; and (a) in the case of the EDA, is addressed to or delivered personally to the Authority at 129 Holmes Street S., Shakopee, MN 55379; and (a) in the case of the City, is addressed to or delivered personally to the Authority at 129 Holmes Street S., Shakopee. MN 55379; and 1571081 16 9/12/97,11:57 AM Development Agreement or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 8.6. Section 8.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.8. Recording. The Authority may record this Agreement and any amendments thereto with the County recorder. Section 8.9. Supersedes Joint Powers Agreement. This Agreement shall supersede and replace the Joint Powers Agreement in all respects. 1571081 17 9/12/97,11:57 AM Development Agreement IN WITNESS WHEREOF, the Authority, the EDA and the City have each caused this Agreement to be duly executed in their respective names and behalf and their respective seals to be hereunto duly affixed as of the date first above written, with actual execution on the dates set forth below. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By Its Chair By Its Secretary STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1997 by and ,the and of the Scott Housing and Redevelopment Authority, a public body corporate and politic, on behalf of the Authority. Notary Public 1571081 18 9/12/97,11:57 AM Development Agreement ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA By Its President By Its Executive Director STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this_day of , 1997 by and ,the and of the Economic Development Authority for the City of Shakopee, Minnesota, a public body corporate and politic, on behalf of the Authority. Notary Public 1571081 19 9/12/97,11:57 AM Development Agreement CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this_day of , 1997 by and ,the and of the City of Shakopee, Minnesota, a public body corporate and politic, on behalf of the City. Notary Public 1571081 20 9/12/97,11:57 AM Development Agreement Exhibit A to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Bond Term Sheet (Attached) 1571081 A-1 9/12/97,11:57 AM Development Agreement Exhibit B to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Description of Project General. The Project will consist of two - three story buildings, connected by sky-ways on the second and third levels, which will function as a single facility. The second and third floors, and A a portion of the first floor will be comprised of a 52-unit housing facility containing one and two bedroom units. A Approximately 25,000 square feet of the first floor will be retail space. There will be constructed under the A east building a 52-space below grade parking facility, intended to benefit and be available only for the housing facility. There will be constructed adjacent to the buildings a A surface parking lot to be owned and operated by the Authority as public parking. The following schedules are attached hereto: Schedule 1 - Site Plan Schedule 2 - Preliminary floor plans for each floor of each building Schedule 3 - Elevations Schedule 4 - Construction Schedule Required Design Elements. The Project shall be all-brick exterior; flat roofs; bay windows and French balconies as shown in Schedule 3 attached hereto. 1571081 B-1 9/12/97,11:57 AM Development Agreement Exhibit C to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Legal Description, Permitted Encumbrances Legal Description. Permitted Encumbrances. 1571081 C-1 9/12/97,11:57 AM Development Agreement Exhibit D to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee, Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Summary of Ground Lease Terms Term: Commencing on the Closing Date, ending on October 1, 2037 Ground Lease Payments: $1 per year until October 1, 2027=but only as long as the Authority owns the Project. Fair market value thereafter, to be determined by independent appraisers following the Maturity Date. D-1 1571081 9/12/97,11:57 AM Development Agreement Exhibit E to that certain Development Agreement by and between the Scott County Housing and Redevelopment Authority, City of Shakopee,Minnesota and Economic Development Authority for the City of Shakopee,Minnesota Summary of Retail Lease Terms Tenant: A partnership or corporation to be created by Suntide Realty, , and Term: Approximately 30 years, ending on October 1, 2027 Lease Payments (per square foot First ten years: $8.50 per year): Second ten years: $9.50 Third ten years: ^ $10.00 Right of First Refusal: The tenant will have a right of first refusal to purchase all or any part of the Authority's leasehold interest in the Project(including the Housing Facility) in the event the Authority receives a bona fide purchase offer that the Authority wants to accept. Assignment to Tenant: Following the lease term, the Authority will assign its leasehold interest in the Retail Facility to the tenant. Triple Net Lease The retail lease will be a triple net lease. Guarantee The partners or shareholders of the tenant (the "Guarantors") shall guarantee Lease Payments required to be made by the tenant, subject to a cap equal to one and one-half year's Lease Payments for the first year, and one year's Lease Payments for subsequent years. Partner Net Worth The ^ Guarantors shall submit to the Authority in each year during the term of the lease a statement of an account to the effect that the net worth of such partners equals or exceeds $5,000,000. E-1 1571081 9/12/97,11:57 AM Development Agreement taga CITY OF SHAKOPEE, MINNESOTA Resolution No. 4744 Approving the issuance by the Scott County Housing And Redevelopment Authority of its Housing Development Revenue Bonds (City of Shakopee, Minnesota, Unlimited Tax General Obligation - River Center Development Project) Series 1997B in the aggregate principal of$3,2400,000 and pledging the full faith and credit of the City of Shakopee thereto. WHEREAS, housing and redevelopment authorities and economic development authorities are authorized by Minnesota Statutes, Sections 469.001 to 469.047 (the "Act") to undertake redevelopment projects and housing development projects, and pursuant to Minnesota Statutes, Section 471.59, to undertake any common powers jointly; and WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota (the "EDA"), with the approval of the City of Shakopee, Minnesota (the "City"), has established its Minnesota River Valley Housing and Redevelopment Project No. 1, as amended from time to time (the "Project"), and its Tax Increment Financing District No. 10 (the "TIF District"); and WHEREAS, the EDA has acquired and cleared certain property known as blocks 3 and 4 (the "Site"), within the Project and the District; and WHEREAS, the City, the EDA and the Scott County Housing and Redevelopment Authority (the "Authority") propose to jointly exercise certain powers to develop a mixed-use retail and senior housing facility (the "Project") on the Site pursuant to that certain Development Agreement(the "Development Agreement") between such parties; and WHEREAS, pursuant to the Development Agreement, the Authority proposes to issue its $3,240,000, Housing Development Revenue Bonds (City of Shakopee, Minnesota, Unlimited Tax General Obligation - River Center Development Project), Series 1997B (the "Series B Bonds") to finance the housing component of the Project, which constitutes a "qualified housing development project" under the Act; and WHEREAS, on the date hereof, the City has conducted a public hearing following publication of notice pursuant to Minnesota Statutes, Section 469.034, subd. 2, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, as follows: 1. That the City hereby approves the issuance by the Authority of the Series B Bonds, and the pledge by the Authority of the full faith and credit of the City thereto. 1573341 2. That such approval is subject to (a) ratification of the Financing Documents by the City and (b) a final determination by the Authority to be made in the Authority's resolution approving the sale of the Bonds that the projected revenues pledged to the payment of the Bonds will equal or exceed 110% of the principal and interest due on the Bonds for each year of their term. 3. That the City hereby approves the uses of the proceeds of the Bonds to acquire and construct the housing component of the Project. Passed and adopted on this 16th day of September, 1997. ATTEST: 1573341 2 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: City Code Amendment Relating to Licensing Massage Centers and Therapists DATE: September 12, 1997 INTRODUCTION: Attached is Ordinance No. 502 which amends portions of the licensing section of the City Code relating to massage centers and massage therapists (masseur/masseuse) . BACKGROUND: At their regular meeting on August 19, 1997, City Council discussed the City regulations relating to licensing massage centers and massage therapists. After discussion, City Council authorized staff to prepared the appropriate ordinance to make changes to the current regulations: 1) removal of language requiring the photographing and finger printing of applicants for a massage therapist license, 2) add language to allow a massage therapist to operate a home occupation with a conditional use permit as opposed to requiring a massage center license in the general commercial district, 3) add language to allow a bona fide health and sports establishment to operate with a conditional use permit as opposed to requiring a massage center license in the general commercial district . Council also asked staff to look at making changes to Section 6 .42, Subd. 5 . I . relating to the clothing of the massage therapist . The City Attorney has prepared the attached Ordinance No. 502 incorporating these changes along with two additional changes . (If City Council does not wish to include these two additional changes, the Ordinance will need to be amended. ) 1) Section 2 . Subd. 4 .D. Exceptions. on page one of Ord. No. 502 eliminates the - need for a bona fide sports and fitness establishment to obtain a Licensing Massage Centers and Therapists September 12, 1997 Page -2- massage center license as well as a conditional use permit as long as the massage is performed by a licensed massage therapist . It was felt that it was more appropriate that the zoning ordinance address where such an establishment should be located and whether or not it needed a conditional use permit . 2) Section 4 . Subd. 2 . License Required. on page two of Ordinance No. 502 allows the City Clerk to issue massage therapist licenses as opposed to each license application going before City Council . This is similar to City Council direction relating to the licensing of employees at pawn shops. If Council prefers that each license be approved by City Council, the ordinance as drafted could be amended by deleting Section 4 of Ordinance No. 502 . ALTERNATIVES : 1 . Approve ordinance as drafted 2 . Amend ordinance to add language requiring a bona fide sports and fitness establishment to obtain a conditional use permit to operate as a massage center 3 . Amend ordinance to require that the City Council approve each application for a massage therapist (masseur/masseuse) license as opposed to the City Clerk 4 . Other RECOMMENDATION: Staff recommends alternative no. one to approve the ordinance as drafted. RECOMMENDED ACTION: Offer Ordinance No. 502, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Pertaining to the Requirements of Obtaining a Massage Center License and Masseuse License and Amending Portions of Sections 6 .40 and 6 .41 of the City Code, and move its adoption. kictrtik. j.- Jud' S. Cox, Ci y Clerk SEP 11 '97 16:01 KENNEDY & GRAVEN P.2 ORDINANCE NO. 502; FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, PERTAINING TO THE REQUIREMENTS OF OBTAINING A MASSAGE CENTER LICENSE AND MASSEUSE LICENSE AND AMENDING PORTIONS OF SECTIONS 6.40 AND 6.41 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Section 6.41, Subd. 3, paragraph C of the City Code is amended to read as follows: C. Initial Applications. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. All initial applications also shall be accompanied by such other information as required by the Shakopee Police Department, including releases of information. Section 2 - Section 6.40, Subd. 4 of the City Code is amended to read: Subd. 4. Exceptions. This Section shall not apply to the following establishments or people: A. A health care facility licensed by the State of Minnesota. B. A health care facility owned by the State of Minnesota or any of its agencies. C. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor, osteopath,P p podiatrist, or nurse working under the direction of such person. q( D. A physical therapy clinic._bona fide sports and fitness establishment, or athletic facility, so long as the massage is performed by a physical therapist, athletic director, person licensed under Section 6.41 of this Codes or trainer. E. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. F. A per,son who has obtained a license under Section 6.41 of this Code and who has obtained a home occupation permit pursuant to Section 11.81. Subd. 6 of this Code. JJT129716 a uss-as SEP 11 '97 16:02 KENNEDY & GRAVEN P.3 Section 3 - Section 6.41, Subd. 5, paragraph I of the City Code is amended to read as follows: Subd. S. Restrictions and Regulations. All licensees shall: I. At all times .. _ _ . : . . oanspiwest during the performance of a massage remain fully clothed in non- transparent clothing. Section 4 - Section 6.41, Subd. 2 is amended to read: Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City Clerk. ,Section 5 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1997. JJT129716 1f' NOTE: Not cALscuSsev3 oar gucvST l9, / ?7 130T SUCCFSTED 3y 57k FF TO bZ /'ic Utj ea. See s7jgp AiZAND Pok t- X y L*IY Pi 'ICN - . bi CITY OF SHAKOPEE, MINNESOTA Resolution No. 4745 Approving the Execution and Delivery of a Development Agreement by and between the City, the EDA and the Scott County Housing and Redevelopment Authority WHEREAS, housing and redevelopment authorities and economic development authorities are authorized by Minnesota Statutes, Sections 469.001 to 469.047 (the "Act") to undertake redevelopment projects and housing development projects, and pursuant to Minnesota Statutes, Section 471.59, to undertake any common powers jointly; and WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota (the "EDA"), with the approval of the City of Shakopee, Minnesota (the "City"), has established its Minnesota River Valley Housing and Redevelopment Project No. 1, as amended from time to time (the "Project"), and its Tax Increment Financing District No. 10 (the "TIF District"); and WHEREAS, the EDA has acquired and cleared certain property known as blocks 3 and 4 (the "Site"), within the Project and the District; and WHEREAS, the City, the EDA and the Scott County Housing and Redevelopment Authority (the "Authority") have entered into a Joint Powers Agreement (the "Joint Powers Agreement") dated as of August 1, 1996, pursuant to which they propose to jointly exercise certain powers to develop a mixed-use retail and senior housing facility (the "Project") on the Site; and WHEREAS, there has been prepared a Development Agieetnent (the "Development Agreement" by and between the City, EDA and Authority, a draft of which is on file with the City Administrator on the date hereof, which is intended to superscede the Joint Powers Agreement and which details the proposed development of the Project and the manner in which the joint powers of the parties thereto relating to the Project will be exercised; and WHEREAS, the housing component of the Project constitutes a "qualified housing development project" under the Act, for the financing of which the Authority is authorized to issue its housing revenue bonds secured primarily by revenues generated by such housing component and secondarily by a pledge of the full faith and credit of the City, subject to the satisfaction of certain procedural requirements and the approval of the City; and WHEREAS, as required by the Act, the City has scheduled a public hearing (the "Public Hearing") regarding the issuance by the Authority of its $3,240,000, Housing Development Revenue Bonds (City of Shakopee, Minnesota, Unlimited Tax General Obligation - River Center Development Project), Series 1997B (the "Series B Bonds"); 1573323 c.v.Approval of Development Agreement NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota: 1. That the the Development Agreement is hereby approved in substantially the form on file with the City Admistrator on the date hereof, with such changes or modifications which are not materially adverse to the City and which are approved by the Mayor and the City Administrator. 2. That the Mayor, City Administrator and City Clerk, or in their absence or unavailability, any other officers of the City, are authorized and directed to execute and deliver the Development Agreement on behalf of the City. Passed and adopted on this 16th day of September, 1997. ATTEST: 1573323 2 ebA �• , MODIFICATION NO. 1 TO TAX INCREMENT FINANCING PLAN FOR C C 1 ; C TAX INCREMENT FINANCING DISTRICT NO. 10 September 16, 1997 I. Background The City of Shakopee("City")and its Economic Development Authority("Authority")established Tax Increment Financing District No. 10 (the "TIF District") on November 8, 1995. The City and Authority have determined a need to modify the Tax Increment Financing Plan ("TIF Plan") for the TIF District in order to clarify and update the development plans and proposed expenditures. The modification does not increase the total expenditures or bonded indebtedness authorized in the original TIF Plan. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modifications The following sections of the TIF Plan are modified as shown: 4. Statement of Objectives. Modified to add the following: While the initial objectives called for sale of the property to a private developer for mixed retail and commercial use, the current objective is to work cooperatively with the Scott County Housing and Redevelopment Authority ("County HRA") to develop a senior housing and commercial facility to be owned by the County HRA. The primary objective is to provide mixed housing and commercial use at this site, correct blighted conditions, stabilize the downtown, expand housing opportunities for elderly persons in the City. 5. Development Program. Modified to add the following: Notwithstanding previously identified actions to accomplish the objectives of the TIF Plan, the City and Authority intend to ground lease the property (acquired by the Authority) to the County HRA, which will construct and own a mixed use facility. The senior housing portion will be operated by the County HRA (or a designated manager), and the commercial portion will be leased to a master tenant for sublease to commercial users. The project is expected to be financed through bonds issued by the County HRA in a number of series, secured by a variety of sources, including housing revenues, commercial lease revenues, County HRA tax levies, tax increments from the TIF District, and the City's general obligation pledge. The City, Authority and County HRA will into an agreement describing their respective responsibilities in exercising their joint powers under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 6. Development; Timing. Modified to read as follows: Development of the property with the TIF District for mixed housing and commercial use is expected to occur in 1997 and 1998. 7. Project Cost. Modified to read as follows: The Authority intends to finance various costs in connection with development of the housing and commercial facility in the TIF District owned by the County HRA, which constitutes both a "housing development project" under Section 469.002, Subd. 15 of the HRA Act and a publicly-owned "redevelopment project" under Section 469.002, Subd. 14. Such costs include: Land acquisition Demolition, Clearance Relocation County HRA-owned housing and commercial facility Site improvements Sidewalks Parking facilities Landscaping Public utilities Administration Costs of bond issuance Capitalized interest (as necessary) Bonded indebtedness secured by tax increments may be incurred to finance such costs in an amount not to exceed $2,750,000 (as specified in the original TIF Plan). The Authority and City currently expect to pledge tax increments and the City's general obligation to pay bonds issued by the County HRA, provided that the principal amount of bonds secured by such pledge will not exceed the amount specified above. The overall budget will be allocated to categories at the time of bond issuance. Total administrative costs (including costs of bond issuance) will not exceed 10% of total tax increment expenditures. The City and Authority specifically find that all identified costs constitute costs of correcting the conditions that allow designation of redevelopment districts, within the meaning of Minnesota Statutes, Section 469.176, subd. 4j. All buildings in Blocks 3 and 4 met the requirements for inclusion in a redevelopment district at the time the TIF Plan was approved in 1995. The entire joint-powers effort between the City, Authority and County HRA constitutes correction of the blighted conditions, including acquisition, demolition, clearance, and development of the public housing and commercial facility needed to revitalize this critical site in downtown Shakopee. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys may be used to finance costs identified 2 above, either on a temporary basis to be repaid with tax increments from the TIF District, or permanently; provided that any repayments from the TIF District will be made within the total bonded indebtedness budget described above. Besides tax increment expenditures as described in this plan budget, the project will be financed with proceeds of bonds secured by other sources, including project revenues, the County HRA tax levy, and the City's general obligation pledge toward the housing portion of the facility under Section 469.034 of the HRA Act. 8. City Contribution to Project Cost. Modified to read as follows: The City reconfirms its election to make a qualifying local contribution to the cost of the project in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d). As provided under amendments to such statute since adoption of the original TIF Plan, the amount of the local contribution is 5% of the annual tax increment from the TIF District. The City may make such contribution from unrestricted City funds. In addition, contributions from any local government entity may constitute qualifying contributions under the statute. Therefore, the City reserves the right to report project costs paid by general funds of the County HRA (such as proceeds of bonds secured by the County HRA levy) as meeting the local contribution requirement. 3 CITY OF SHAKOPEE RESOLUTION NO. 4746 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 BE IT RESOLVED by the City Council ("Council") of the City of Shakopee, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City approved the creation of Tax Increment Financing District No. 10 ("TIF District") and a Tax Increment Financing Plan ("TIF Plan") for that district, by resolution No. 4326 approved November 8, 1995, all in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority and City have determined a need to modify the description of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan, and a need to clarify and modify the plan objectives and specific development activities. 1.04. The City has reviewed a document titled "Modification No. 1 to Tax Increment Financing Plan for Tax Increment Financing District No. 10," dated September 16, 1997. Section 2. TIF Plan Modified. 2.01. The TIF Plan modification as presented to the Council is approved. 2.02. Authority staff are authorized and directed to maintain a copy of the TIF Plan modification with Authority's files for the TIF District, and to transmit a copy of the modification to the Scott County Auditor and to the Department of Revenue, for information purposes. SJB129871 SH235-2 Approved by the City Council of the City of Shakopee this 16th day of September, 1997. Mayor ATTEST: City Clerk SJB129871 SH235-2 2 CITY OF SHAKOPEE RESOLUTION NO. 4746 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 BE IT RESOLVED by the City Council ("Council") of the City of Shakopee, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City approved the creation of Tax Increment Financing District No. 10 ("TIF District") and a Tax Increment Financing Plan ("TIF Plan") for that district, by resolution No. 4326 approved November 8, 1995, all in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the TIF Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority and City have determined a need to modify the description of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the TIF Plan, and a need to clarify and modify the plan objectives and specific development activities. 1.04. The City has reviewed a document titled "Modification No. 1 to Tax Increment Financing Plan for Tax Increment Financing District No. 10," dated September 16, 1997. Section 2. TIF Plan Modified. 2.01. The TIF Plan modification as presented to the Council is approved. 2.02. Authority staff are authorized and directed to maintain a copy of the TIF Plan modification with Authority's files for the TIF District, and to transmit a copy of the modification to the Scott County Auditor and to the Department of Revenue, for information purposes. SJB129871 SH235-2 Approved by the City Council of the City of Shakopee this 16th day of September, 1997. Mayor ATTEST: City Clerk SJB129871 SH235-2 2 15 . A, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Home Occupations DATE: September 16, 1997 INTRODUCTION The City of Shakopee has initiated a text amendment regarding the criteria for granting and the review process of home occupations. At its September 4, 1997 meeting, the Planning Commission reviewed the proposed text amendment. A copy of the September 4, 1997 staff memo has been attached for your reference. DISCUSSION Staff is proposing to delete the current criteria for granting a home occupation listed in SEC 11.86 Subd. R.3 (Conditional Use Permit Standards for Residential Zones) and to add the following to SEC 11.81 (General Provisions): Subd. 6. Criteria for Granting a Home Occupation. Application for a home occupation shall be made to the Zoning Administrator. An application, meeting all of the following criteria, shall be granted approval upon administrative review by the Zoning Administrator. 1. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site; 2. The home occupation may be carried on by persons residing in the dwelling unit and not more than one employee who does not reside in the dwelling unit; 3. Shall provide off-street parking for the employee; 4. All material or equipment shall be stored within an enclosed structure; 5. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors shall not be discernible at the property line; 6. The home occupation shall not create excessive automobile traffic within the neighborhood; 7. Shall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton; and 8. May have outside off-street parking of no more than one(1) commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. In doing this, home occupations would become a permitted accessory use contingent upon approval of a home occupation permit and would be required to meet all of the above criteria. Thus, staff is proposing to delete the following conditional uses: SEC 11.22 (AG) Subd. 3.B (home occupations) SEC 11.24 (RR) Subd. 3.B (home occupations) SEC 11.26 (R1A) Subd. 3.B (home occupations) SEC 11.28 (R1B) Subd. 3.B (home occupations) SEC 11.30 (R1C) Subd. 3.B (home occupations) SEC 11.32 (R2) Subd. 3.B (home occupations) SEC 11.34 (R3) Subd. 3.B (home occupations) and proposing to add the following permitted accessory uses: SEC 11.22 (AG) Subd. 4.J(home occupations contingent upon approval of a home occupation permit) SEC 11.24 (RR) Subd. 4.L (home occupations contingent upon approval of a home occupation permit) SEC 11.26 (R1A) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.28 (R1B) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.30 (R1C) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.32 (R2) Subd. 4.I(home occupations contingent upon approval of a home occupation permit) SEC 11.34 (R3) Subd. 4.I (home occupations contingent upon approval of a home occupation permit) ALTERNATIVES 1. Approve the proposed text amendment (Ord. No. 501) as presented. 2. Approve the proposed text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment with revisions. ACTION REQUESTED Offer Ordinance No. 501, and move its approval. ‘ -filiktitd/(4-b(/' eth Handrich Planning Intern i:\commdev\c61997\cc0916\txthmocp.doc ORDINANCE NO. 501, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11, ZONING, REGARDING THE CRITERIA FOR GRANTING AND THE REVIEW PROCESS OF HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, SEC 11.86 Subd. R.3 (Conditional Use Permit Standards for Residential Zones) shall be deleted and the following shall be added to SEC 11.81 (General Provisions): Subd. 6. Criteria for Granting a Home Occupation. Application for a home occupation shall be made to the Zoning Administrator. An application, meeting all of the following criteria, shall be granted approval upon administrative review by the Zoning Administrator. 1. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site; 2. The home occupation may be carried on by persons residing in the dwelling unit and not more than one employee who does not reside in the dwelling unit; 3. Shall provide off-street parking for the employee; 4. All material or equipment shall be stored within an enclosed structure; 5. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors shall not be discernible at the property line; 6. The home occupation shall not create excessive automobile traffic within the neighborhood; 7. Shall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton; and 8. May have outside off-street parking of no more than one (1) commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. Section 2 - That City Code Chapter 11, Zoning, is amended by deleting the following conditional uses: SEC 11.22 (AG) Subd. 3.B (home occupations) SEC 11.24 (RR) Subd. 3.B (home occupations) SEC 11.26 (R1A) Subd. 3.B (home occupations) S . ) SECEC 11.3011.28 (RiB)(RIC) SuSubdbd. 3.B 3.B (home(home occupationoccupationss) SEC 11..32 (R2) Subd. 3.B (home occupations) SEC 11.34 (R3) Subd. 3.B (home occupations) and by adding the following permitted accessory uses: SEC 11.22 (AG) Subd. 4.7(home occupations contingent upon approval of a home occupation permit) SEC 11.24 (RR) Subd. 4.L (home occupations contingent upon approval of a home occupation permit) SEC 11.26 (R1A) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.28 (R1B) Subd. 4.H (home occupations contingent upon approval of a home occupation permit) SEC 11.30 (RIC) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.32 (R2) Subd. 4.I (home occupations contingent upon approval of a home occupation permit) SEC 11.34 (R3) Subd. 4.I (home occupations contingent upon approval of a home occupation permit) Section 3 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Home Occupations DATE: September 4, 1997 INTRODUCTION A home occupation is defined in City Code SEC 11.02 as any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit or an accessory building. Staff believes that this definition along with the criteria for granting a home occupation are vague when addressing what types of home occupations may be practiced. Staff did ask the Commission for direction on this matter at its August 7, 1997 meeting. Since that time, staff has prepared draft criteria for granting a home occupation and has proposed a revised review process. DISCUSSION Staff is of the opinion that by revising the current criteria for granting a home occupation, the City will be better able to control the types and practices of home occupations. The current criteria are listed in SEC 11.86 Subd. R. 3. Staff is proposing to amend the City Code by deleting those criteria listed in SEC 11.86 (Conditional Use Permit Standards for Residential Zones) Subd. R.3 and by adding the following to SEC 11.81 (General Provisions): Subd. 6. Criteria for Granting a Home Occupation. Application for a home occupation shall be made to the Zoning Administrator. An application, meeting all of the following criteria, shall be granted approval upon administrative review by the Zoning Administrator. 1. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site; 2. Shall have a maximum of one sign not to exceed two (2) square feet; 3. The home occupation may be carried on by persons residing in the dwelling unit and not more than one employee who does not reside in the dwelling unit; 4. Shall provide off-street parking for the employee; 5. All material or equipment shall be stored within an enclosed structure; 6. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors shall not be discernible at the property line; 7. The home occupation shall not create excessive automobile traffic within the neighborhood; 8. Shall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton; and 9. May have outside off-street parking of no more than one(1) commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. The current review process of home occupations requires application, notification of property owners within 350 feet, and a public hearing. The Commission did concur at the above mentioned meeting that it would be more efficient to change this process to an administrative review. In doing this, home occupations would become a permitted accessory use contingent upon approval of a home occupation permit. The home occupation, as a permitted accessory use, would be required to meet all of the above draft criteria. Thus, staff proposes amending the following sections of the City Code by deleting the following conditional uses: SEC 11.22 (AG) Subd. 3.B (home occupations) SEC 11.24 (RR) Subd. 3.B (home occupations) SEC 11.26 (R1A) Subd. 3.B (home occupations) SEC 11.28 (RIB) Subd. 3.B (home occupations) SEC 11.30 (RIC) Subd. 3.B (home occupations) SEC 11.32 (R2) Subd. 3.B (home occupations) SEC 11.34 (R3) Subd. 3.B (home occupations) and by adding the following permitted accessory uses: SEC 11.22 (AG) Subd. 4.J(home occupations contingent upon approval of a home occupation permit) SEC 11.24 (RR) Subd. 4.L(home occupations contingent upon approval of a home occupation permit) SEC 11.26 (R1A) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.28 (R1B) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.30 (R1C) Subd. 4.H(home occupations contingent upon approval of a home occupation permit) SEC 11.32 (R2) Subd. 4.I(home occupations contingent upon approval of a home occupation permit) SEC 11.34 (R3) Subd. 4.1 (home occupations contingent upon approval of a home occupation permit) Applicants are currently required to provide the City with a list of property owners within 350 feet of the subject property for notification purposes. Staff believes that notification is a necessary component of the review process, but feels that notification need only be sent to those property owners who are adjacent to the subject property. This is an issue that the Commission may wish to discuss in more detail and make a determination upon. Section 11.83, Subd. 2 of the City Code states that"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings: Criteria #1 That the original zoning ordinance is in error; Finding#1 The original zoning ordinance is in error. The current definition of home occupation along with the criteria for granting a home occupation are vague; therefore, making the review process difficult. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in development patterns have not occurred. Criteria #4 That the Comprehensive Plan requires a different provision. Finding#4 The Comprehensive Plan does not require a different provision, but the proposed amendment is not in conflict with the Comprehensive Plan. ALTERNATIVES 1. Recommend the proposed text amendment to the City Council. 2. Recommend the proposed text amendment, with revisions, to the City Council. 3. Do not recommend the proposed text amendment to the City Council. 4. Table the matter for additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer and pass a motion recommending approval of the proposed text amendment to the City Council. Beth Handrich Planning Intern is\commdev\boaa-pc\1997\sep04\homocpta.doc CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat for Dominion Hills DATE: September 16, 1996 INTRODUCTION The City has received a request from John Coulter Peterson of C.E. Coulter and Associates Land Surveyors, representing the property owners of Dominion Hills, to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of 12 months in which to complete the final plat of the remaining portion of this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached as Exhibit A is a letter from John Coulter Peterson. BACKGROUND On March 17, 1992, the City Council approved the Preliminary Plat for Dominion Hills. The Final Plat for the first addition was approved on May 19, 1992. City Code Section 12.03, Subd. 3.G states the following: 'Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period" On July 12, 1994 and August 20, 1996, the City Council approved a one year time extensions for the Preliminary Plat approval of Dominion Hills. The applicant indicated, per attached Exhibit A, that the extension of the Preliminary Plat is being requested in order to determine any changes that may be necessary to the plat. The applicant has discussed with staff the possibility of vacating portions of right-of-way within the plat and is analyzing the possibility of pursuing the vacation process. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Dominion Hills, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months, and move its approval. ' C <ft ulie Klima Planner II is\commdev\c619971cc0916\exdmhls.doc EXHIBIT A High Rise Construction C. E. COULTER & ASSOCIATES, INC. Construction Layout Platting LAND SURVEYORS Lot Surveys - C Professionally Registered in Minnesota,Iowa and Wisconsin ALTA Surveys Section Subdivisions JOHN COULTER PETERSON Topographic Mapping P.O. Box 8900 / MINNEAPOLIS,MN 55408-0900 Shopping Centers (612)824-0370 /(612)891-5407 / FAX(612)953-3074 August 26, 1997 Cityof Shakopee, Minnesota 129 Holmes Street South AUG 2 7 1997 Shakopee, Mn. 55379-1351 ATTN: Julie Klima, Planner II Dear Julie: .As we discussed this morning, Mr. Gary Bergquist is going to finalize the plat of DOMINION HILLS SECOND ADDITION. We are currently reviewing the plat to determine any changes that,. are necessary to bring it up to date. We have had discussions with Mr. Joel Rutherford, Assistant City Engineer regarding the possibility of vacating a portion of Dominion Avenue and Peace Avenue as they tie in to the most easterly property line of the plat. We are investigating the timing - and procedure to accomplish this as the preliminary plat was approved without those extensions. • We would at this time request an extension so that we may deal with these matters and finalize the plat drawings for submittal. We appreciate you attention to this matter. Since y yours, n Coulter Peterson President, CEO President Minnesota Society of Professional Surveyors cc: Mr. Gary Bergquist CITY OPEE MOFemoranSHAKdum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Park Dedication Fees for Minor Subdivisions in Valley Park 12th Addition MEETING DATE: September 16, 1997 Introduction: Jon Albinson of Valley Green Business Park approached the City with a concern that the amount of dedication required for commercial and industrial plats was based on property values that were too high. The author of this report and the City Attorney met with Mr. Albinson to discuss the concern and alternatives. The park dedication ordinance recently adopted provides in part as follows; Required land dedication and/or payment of fees in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat, the Council may, at it's exclusive discretion, determine the amount of the cash payment required to be made by the developer at the time of the final plat approval, and may enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. (underline added) Minor subdivisions, while administrative, amount to final plats under the City's subdivision code, and therefore park dedication is applicable. The Council is asked to determine an amount other than that provided in the recently adopted amendments to the fee schedule. The request is supported by the documentation submitted on behalf of Valley Green, and attached hereto for the Council's information. Alternatives: 1. Approve park dedication fees in Valley Park 12th Addition in the amount of$2,500 per acre. 2. Approve park dedication fees in Valley Park 12th Addition in the amount of$4,500 per acre as provided in the current fee schedule. 3. Approve park dedication in some other amount determined by the Council. 4. Table the matter for additional information. VPPARKDE.DOC/BH 1 Staff Recommendation: After review with the City Attorney, staff recommends Alternative No. 1. Requested Action: Offer and pass a motion approving a park dedication fee of$2,500 per acre, payable at the time of building permit application, for minor subdivisions occurring in Valley Park 12th Addition. Based on the information submitted Council may also wish to direct staff to prepare an amendment to the fee schedule for payment of park dedication fees for commercial and industrial property. R. Michael Leek Community Development Director VPPARKDE.DOCBH 2 SEF? 11 '97 16:57 KENNEDY & GRAVEN P a N• • • , Valley Green • • ', AUG 25 riffl7 BUSINESS PARK' Asst 22„ 1997 • M .Michael Lock HAI D�-ivp,>:F,n Ccaumnity Development Directoar CITY OF SHAKOPEE Fax Sate VI 129 South Holmes Street lie ShAtopee,MN 55379 •Re Minor Subdivision Application Quommum_ii__mmu Park Dedication Fee Analysis Dear Michael: _... • Valley Green Business Park Limited Partnentriplias _..,,, entered into two transactions for the sale of portions of Lot 3,Blcck'Z,Valley Park .•• Ate. We are enclosing*hiss letter with our appy to better explain the request for • • • ,'. ,.but more importantly,to assist the City in arriving ata determination of fair ate , , .,e Park Dedication Fees for the two awaller lots that are a put of this tle+cc lot split -. At the time this parcel was planed,no Foes were payable on Lot 3.Blvd 2.This request • &subdivision will create two new parcels vilest than five acres for which a Fee will be -. . .The following is additional background that maybe • value to you in oirr mufti of Staff for a determination of a fair and equitable valuation for F- - for the two parcels that are less than five arra: On lime 18, 1996,the City Council granted approval iror the Proal Plat of Valley Parc Twelfth Addition(VP 12')by Resolution No.4453. VP 12*lean nehtetrial plat of appundmately 64.721acres,originally platted into&ter lots: Lot 1 Block 1: 21.367 nares Lot 1,Block 2: 25.411 acres Lot 2,Block 2: 2.332 acres Lot 3.Black 2: 15.611 acres The Developer's required Park itt ees to be paid on Lot 2,Block 2 in the amount of$895.00($384 per acre). Since the otherwere lager them wee es in sine,no ParkFees ware payable. We understoodthe re-subdivision.of say of these larger parcels into panels less than-five acres would requires forthose parcels. At question is what sato Industrie;coolavara South*Shakopee,MN 55379•=pephone:lift)4 . 9286*For(8129044575.5 M jakiewroneVoteyC;ireein.corn SEP 11 '97_1$:57 KENNEDY & GRAVEN P.3 P.02 .K . 1111 Mr.Michael Leek, Page Two August 22, 1997 will be the appropriate Park Fes payable ,m anb d v�parcels of less than gave ' acres. Section 12.07,subd.5 of the City Code deals '•• Dedications. The general requirements related to Parkons�within this portion of•• Code define bow to d velem for dedication purposes tetive to die • ,• oftl , a Since the maw sale price for these properties is forte :;. • ,we need to determine what the current prediagigawneawin would be and use that vale •. o the Fee. One approach would be to use the Park Fee payable on Lot 2.Block 2(13: . Per acre)to a deblieeh the re- development value- Based on our rpt .., • . t , •, you beam the fee paid oa Lot 2.Block 2 is somewhat on the`light"side,so a • •; •'• .,, needs to be made that eatables a revised prolevelopmemt value for these parcels. Enclosed is information Motive to a number of zoningand MUSA �sales of undeveloped land. The vary from parcelto pa cel,but this provides a generalized understanding of pre-developed land values in the Shakopee area. Based on this information,the pradeveloped value f the land in VP 12e Addition today is somewhere in the range from 515,000 to$25.000 acre. In the spirit of compromise.we would be agreeable to establish a primirveloped 0(525,000 per acre to the VP 12'b Addition land. If you are agreeable to this number, ' would equate to a S2.500 per acre Park Dedication Pee payable at the time of building ' on the re-subdivided parcels for which a fee is required • We hope the information provided assists you in • zug our request,concluding as we do that this per subdivision is best handled with the • • . • •.• ccenpreenise earlier defined. We . . understand that additional efforts are being made by • - City to commercial/industrial al Park Dedication Fees for future subdivision. If you • there is additional information we can provide you in your review of our request,please let us know. lM • • It.Albinos Project Director JRA:,cmc Enclosures • cc: Bob Gage—Gee and Gage Bill Katz—Kat Analytical Services QerilWiAV.i.,w...tirr+R+emfte•r..r.lw+:.Iti..ali..an • TOTAL P.02 CONSENT CITY OF SHAKOPEE Memorandum /9. 3 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Variance to Cul-de-sac right-of-way requirement. DATE: September 16, 1997 ATTACHMENTS: EXHIBIT A, Preliminary Planning Commission Minutes from 9/4/97. EXHIBIT B, 9/4/97 Staff Report to Planning Commission. INTRODUCTION At its September 4th, 1997 meeting, the Shakopee Planning Commission voted 6-1 to approve and recommend to the City Council a 20 foot variance to the 120 foot required right-of-way of a cul-de-sac proposed at the west end of Monnens Avenue. A copy of the preliminary minutes of this item has been attached as well as the Planning Commission staff report. ALTERNATIVES 1. Approve Variance Resolution#4742 as recommended by Planning Commission 2. Approve Variance Resolution#4742 with revised conditions 3. Deny Variance Resolution#4742 4. Table this item requesting more information RECOMMENDATION Staff recommends Alternative#1, approving Resolution#4742 as recommended by Planning Commission. ACTION REQUESTED Offer a motion to approve Resolution#4742 and move its approval. J red D. Andrews Planner I RESOLUTION NO. 4742 A RESOLUTION TO THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A 20 FOOT VARIANCE TO THE 120 FOOT REQUIRED DIAMETER OF A CUL-DE-SAC RESULTING IN A 100 FOOT DIAMETER CUL-DE-SAC IN THE URBAN RESIDENTIAL (R-1B)ZONE. WHEREAS, J&J Developing, Applicant, has filed an application dated August 11, 1997, for said variance; and WHEREAS, the property upon which the request is being made is legally described as: Westwind 1st Addition WHEREAS, notice was provided and on September 4, 1997, the Planning Commission conducted a public hearing regarding this application, and has recommended its approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That a 20 foot variance to the 120 foot diameter of a cul-de-sac is hereby Granted, based on the following findings with respect to City Code Section 12.13, Subd. 1: A. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Finding A. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property. Finding B. The conditions upon which this request is based are unique because of short distance of the cul-de-sac street and the need to allow access to the property to the west for possible future development. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Finding C. Literal interpretation of the provisions of this Chapter would have a negative impact on lots at the west end of Monnens Avenue. Homes would most likely be set in an undesirable location at the time when the culde sac would be taken out for future development to the west. D. The special conditions and circumstances do not result from the actions of the applicant. Finding D. The conditions and circumstances are not entirely the result from the actions of the applicant. Due to the desire to provide future access to the property to the west, the property was platted with Monnens Avenue extending to the west property line. E. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Finding E. Because of the width of the property, the drainage ditch to the south, and the desire to provide access to the west, a hardship to the owner would result if the strict letter of the regulations were carried out. And subject to the following conditions: 1. Applicant must submit revised plans as well as a revised temporary easement form to the City Engineer addressing the proposed change. 2. The applicant must notify in writing the potential property owners of lots 6 and 7, Block 4, Westwind 1st Addition of the temporary cul-de-sac situation before the lots are sold. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION A Regular Session Shakopee,Minnesota September 4, 1997 MEMBERS PRESENT: Brekke, Joos,Mars, Meilleur,Nummer, Romansky, Stoltzman MEMBERS ABSENT: None STAFF PRESENT: R. Michael Leek, Community Development Director Jared Andrews, Planner I Beth Handrich,Planning Intern 1. ROLL CALL Chair Brekke called the meeting to order at 9:00 p.m. 2. APPROVAL OF AGENDA The agenda was approved as written. 3. RECOGNITION OF INT. ' D CITIZENS There were no citi . wished to address the Commission regarding non- agenda items. 4. APP' OF THE AUGUST 21, 1997 MEETING MINUTES - following changes were noted to the minutes: Commissioner Brekke noted that on page 10,the motion carried 4-2 with Commissioner Nummer abstaining and on page 11,the motion carried 5-1 with Commissioner Nummer abstaining. Commissioner Romansky noted that she abstained from Item 10 of the Consent Agenda regarding the plat of Eagle Ridge 1st Addition. The minutes then stood as modified. I. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO THE DIAMETER OF A CUL-DE-SAC IN THE URBAN RESIDENTIAL (R-1B)ZONE. Mr. Andrews noted that J&J Developing was requesting a 20 foot variance from the 120 foot required diameter of a cul-de-sac which would result in a 100 foot diameter cul-de-sac at the west end of Monnens Avenue. The proposal would reduce the amount of unpaved right-of-way from 15 feet to 10 feet for every lot adjacent to the cul-de-sac allowing houses to be built five feet closer to the paved roadway. Mr. Andrews stated that Staff recommended approval with the condition that the developer would submit a revised plan to the City Engineer with the proposed changes. Commissioner Mars noted that in a normal cul-de-sac this would effect four lots and questioned whether in this case,the change would only effect one lot to which Mr. Loney replied that the variance would mainly impact two lots. Mr. Leek noted that the setback requirements would not change. Commissioner Nummer questioned whether the City was acquiring a right of way or an easement to which Mr. Leek replied that the City was acquiring an easement. Jim Monnens, 1504 Monarch Street, Shakopee, MN approached the podium and stated he was in agreement with Staff regarding the additional grading and believed the development will be an asset to the neighborhood and the City.. MOTION: Mars/Romansky moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Nummer(with intent to vote against)/Mars moved to recommend to the City Council the approval of the variance with a condition that homeowners be notified. Mr. Leek noted that the Commission does need to find that criteria for variances and variations are met in order to approve the request. Commissioner Nummer stated that he disagreed with some of staff's findings in that he did not feel the conditions upon which the request was made were unique and as to the issue of lesser width, did not feel it met the criteria. He also noted that if granted, under Staff Finding C, others would be deprived. With regard to Staff Finding D, Commissioner Nummer stated that the City did not create the stub street;that the developer did that on his own. Commissioner Mars stated that if the City were to require the developer go to the normal situation,that it would ruin the lot. Mr. Monnens reproached the podium and stated it would have an impact on him if he were denied the variance and would also require him to deal with a power line easement. Commissioner Nummer stated that he was concerned about a future problem for others and noted that other developers have had to deal with problems and cannot develop until roads are put through. Mr. Leek stated that the City did not want to create lots which are unbuildable. Commissioner Joos stated that he tends to agree with Commissioner Nummer but also noted that the Planning Commission did create the need for this problem to happen by requesting that the street go through. He also noted the uniqueness of the trail and power lines on the property. Mr. Loney stated the property to the west is a cemetery and there are no plans at this time to develop it. Mr. Monnens stated from the podium that he did not think the lot would be un buildable but it would be undesirable. Mr. Leek again noted that the Commission would have to find undue hardship or particular difficulties. VOTE: Motion carried, 6 to 1,with Nummer voting against the motion. 6. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER, FOR A TEXT AMENDMENT REGARDING HOME OCCUPATIONS. Ms. Handrich asked the Commission for its recommendations and input res " g the definition and review process for home occupations. Ms. Handrich • 1 at Staff came up with new criteria for granting home occupations and • the review process from current status to permitted accessory use w •uires that home occupations meet all criteria. Ms. Handrich further sta : it may not be necessary to notify all property owners within 350 feet but .e sufficient to notify adjacent properties only. Commissioner Meilleur stated that he believed it cessary to apply the 350 foot rule because he had heard complaints abo problem in the past. Mr. Leek noted that the business owners, -quired to go to an abstractor and obtain a certified list of property o - thin 350 feet. He also noted that a lot of cities do not require permits. Commissioner Joos stated '" •e prudent to not only obtain a list of property owners, but also anyo : ay be renting the property. Commissioner ' raised a question regarding signage. Commissi' ars stated that a home occupation is selling a service or product. Co • oner Joos stated his concern regarding a high volume of retailing and • e problems with products. ommissioner Stoltzman stated a worst case scenario would be a daycare center. Commissioner Nummer added another worst case scenario may be a deer processing mini-rendering plant. Commissioner Romansky stated it is less costly to run a business out of a home and thought it would be unfair to those who pay for commercial space Exhibit B CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Jared D. Andrews, Planner I SUBJECT: Variance of 20 foot from the 120 foot diameter of a cul-de-sac MEETING DATE: September 4, 1997 ITEM NO.: SITE INFORMATION Applicant: J& J Developing Location: Western most end of Monnens Avenue, Westwind First Addition Current Zoning: Urban Residential Zone(R-1B) Adjacent Zoning: North: Urban Residential Zone(R-1B) South: Urban Residential Zone(R-1B) East: Urban Residential Zone (R-1B) West: Urban Residential Zone (R-1B) Comp. Plan: Single Family Residential Attachments: Ft Exhibit A, Location Map PC Exhibit B, Survey for 120 foot required diameter PL Exhibit C, Survey for 100 foot requested diameter INTRODUCTION J&J Developing is requesting a 20 foot variance from the 120 foot required diameter of a cul-de-sac resulting in a 100 foot diameter cul-de-sac right-of-way at the west end of Monnens Avenue in Westwind 1st Addition. CONSIDERATIONS Although a 20 foot variance to the cul-de-sac right-of-way is requested, the applicant has proposed an 80 foot paved surface diameter which varies only 10 feet from the Engineering Department's standard policy of 90 foot diameter paved surface. Therefore, this proposal reduces the amount of unpaved right-of-way(boulevard) from 15 to 10 feet for every lot adjacent to the cul-de-sac, allowing houses to be built 5 feet closer to the paved road way. FINDINGS Staff finds that the application for variance, meets Section 12.13 of the subdivision ordinance as follows: SEC. 12.13. VARIATIONS AND EXCEPTIONS. Subd. 1. Hardships. Where the Planning Commission finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this Chapter; and further provided the Planning Commission shall not recommend variations or exceptions to the regulations of this Chapter unless it shall make findings based upon the evidence presented to it in each specific case that: A. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. StaffFindingA. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property. Staff Fincfing B. The conditions upon which this request is based are unique because of short distance of the cul-de-sac street and the need to allow access to the property to the west for possible future development. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Staff Finding C. Literal interpretation of the provisions of this Chapter would have a negative impact on lots at the west end of Monnens Avenue. Homes would most likely be set in an undesirable location at the time when the cul-de-sac would be taken out for future development to the west. D. The special conditions and circumstances do not result from the actions of the applicant. Staff Finding D. The conditions and circumstances are not entirely the result from the actions of the applicant. Due to the desire to provide future access to the property to the west, the property was platted with Monnens Avenue extending to the west property line. E. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Staff Finding E. Because of the width of the property, the drainage ditch to the south, and the desire to provide access to the west, a hardship to the owner would result if the strict letter of the regulations were carried out. ALTERNATIVES 1. Recommend approval of the variance with findings as recommended by staff 2. Recommend approval of the variance with revised findings. 3. Recommend denial of the variance 4. Table the decision for additional information. 5. Continue the Public Hearing for additional information STAFF RECOMMENDATION Staff finds that this application meets the requirements for a variance due to hardship and recommends Alternative#1. ACTION REQUESTED Offer a motion recommending approval to City Council of the variance, resulting in a 100 foot diameter cul-de-sac. Jared D. Andrews Planner I swi y., , 110.4 ' a x• 1 - � _ a' � 116 41- t x17ibi ntAij I31Gi\ '� 7 ,y . 1111 a'- ,j01...10.44. 1:1 1 ;, M., .;: z ,1 . ` 1 � l„ 4i ; .1 '� - ' ft- Ea . r a r :; :', .-. ..,s4.';::: :ail a � -a '� ! .iia ” a ."iii �' ;iiil 4; * 'c + i ;' as- 1u1, __ C72 I� . l i7 }1111 f 'a � �il'....-=.:1111=.11;a rs •t .1r 1, .. 1�.7I 'iii :moi, — 1■Q M ■ iii ape 7- tunii • 1 j i"� ®.. :; ill® S�1�- �1♦ i:7 if' -j ,.ler^_'y >•1af�i i4Q■ v rim xi e� us�, 3ii da:`�INIII INN MR ®lops fir. .71.-%-= z.in Uri a a�'i 4•r..i ia��w aYyf♦e♦eer„""'"'m _, yyrt. weep�� r'"""4 e• a I II' ■ 4 iffi 9F ? s J old L� .i9 ooi i•off; it t• ;III' "III _____ i........._. i .r1 -r:3.: VO :r w a�arii zm11'� Ail id �Li. i :l1!fy ,."'ice. rw : ..�+lao ani" " ' ®'iEf ,"mini rim fa. wa tee' '� ,. ` .. �_�114,0 year'-',d-.im pno SW MN MIS _in_ ' .. a . ..., ,,:ria � s ��...:. 61 i♦ ®• ® 1111111111F ono= ` u gni iT • r.,�, e ...... iR a ti O O MEMNW IIIIIII MN MOM�A Wu Mt; f : ,. iD:hili; . . .- ;w ®iiti/i/a® © 111.1. ,..... , . . litritti- -11111111111111111 . 00' 441r4VIIIIIII illailtiliairl' IR ')'. s ten, MOIL'S!'" M ���a�va MI IR es, ElINtL 0 Q i, s �� tea 10 -•- 49 wirgb new r iii i Vii► q ♦! �� •. . -.- .i im.� 'mom „jig� �, LEGEND R 1 B • l.1.— — ii�� ■1" i. a.i Underlying Zones e x, 1•'' ••II, AG Agriculture . ' airat IN'SO.,' p �. RR Rural Residential r#r )�� R1A Low Density Residential \J i R 1 B Urban Residential PYA.. i N„ �M�� l R1C Old Shakopee Residential R2 Medium Density Residential F " R3 Multiple Family Residential 81 Highway Business „' 82 Office Business 83 Central Business ' t tern 11 Light Industrial � !,' 12 Heavy Industrial MR I Major Recreation a Overlay Zones .•• F-S-{Shorelanc f�f E--F-{Flood Icir. k * , P District ,- • s� : i 4 „ ' ®" ming Overlay • V.209 PUD Overlay tee' a t�P ."�.c. - ._ ^r !,+'^.1r7`s> - 1 r 0 fRRwiK1G Fc_)Zo J ,4oELoP►NG,L-k Scal.Q,A4 t.rcch =30� 24- eel) c.d.-) L_rD I- (0 ; 1 .---,-0 i ( K /\ is: I, 2 I . Hill.... 3 ,.--- - —, Bi co A?SAT 35+E 5959 b MCN NENS (00.00 0.44Ateik-alt7 - --N- y 3 ce Rk)E01uE. V 85.1s N ei°4 1 IS"F_ 1 / I � / ____ — I � I 1._____c_ L L(J r 2 Proposed Description: A 60.00 foot circle for road purposive which has the center described as follows: Commencing at the west line of WESTWIND FIRST ADDITION and the center line of Monnens Avenue, thence N 89° 47' 35" E (assumed bearing) along said center line of Monnens Avenue a distance of 60.00 feet to the center of said circle. I hereby certify that this is a true and correct description of the above after the plat of WESTWIND FIRST ADDITION has been file for record. • • 7.-------) 1\ Dated: May 9, 1996 Urn\ik ' Allan R. Hastings Minnesota Registration No. 17009 ^JJiI 121 Lewis Street S. Suite No. 102 y r Shakopee, Minnesota <- U�+�, 55379 —62 ' v (� Phone 612 445-4027 [77 �J _x cr co FG Exhibit C 'SUN-10—. 1, 997 1. 4:37 VALLEY SURVEYING CO. 612 447 2571 P.01 SKETCH a DESCRIPTION PRroValleyEPANCO R: Surveying Co., P.A. J15 DEVELOPING SUITE 120-C, 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 68372 TELEPHONE (612)M7-2070 F la La (r t L '7 2 41 . / —$9,---e„—)\ ‘v... _____—.2..)i I g eo.00-• •.t - 8 8 1 MONNENS AVENUE ti itit F----- rot_--- I 1, I I I DESCRIPTION,: Amusement for public roadway purposes war,undo;and across Mat part off ots A 4 7,Block 4,WestwInd First Addition,Scott County,Minnesota,contained within a envie ` having a radio V50.00,141,the radius point described at follows: C.ommeneing at the intersa ctIon sfthe centerline of Mi'miens Avenue and the west line of said Westwind First Addition;thence easterly along said centerline a distance of50.00 fiat;thence nnrther(y at right angles to said centerline a distance of 20,00 fact to said melba point and there term mating. NEVIEINIED AUG 111991 Tc)1ry) VC-AriCth1 to O30r.�' /J / 1 h.....,entity ten the views.ee wesasd ITnenC�eC i t G M uMr my OM,eyerngien ON net I SCALE• IN 'FEET • duly aeennt setae..man PM 0 a•ae.,or +w �e�, /. DM - Lias,..Ne.1010$ • awns wan'mimes tame O Oee11M P.N.tau eel ler•„• O$7/ •.,n. •..• TOTAL P.01 ,"r . I g:171.71...1111/0--- CITY OF SHAKOPEE NOTICE OF ADVERTISEMENT FOR BIDS FOR ONE (1) NEW 16 FOOT ROTARY MOWER BIDS CLOSE OCTOBER 14, 1997 NOTICE IS HEREBY GIVEN: The City of Shakopee will receive bids at the office of the City Clerk until 10:00 A.M., on October 14, 1997, at which time they will be publicly opened in the Council Chambers of the City Hall, 129 South Holmes Street, Shakopee, Minnesota 55379, by the City Clerk and Public Works Director or their designees and will then be tabulated and will be considered by the Council for: ONE (1) NEW 16 FOOT ROTARY MOWER according to the specifications on file in the office of the City Clerk, 129 South Holmes Street, Shakopee, Minnesota 55379 or the office of the Public Works, 500 Gorman Street. Each bid must be accompanied by cash, certified check, or bid and performance bond acceptable to the City in an amount equal to at least five (5%) percent of the total amount of the bid, payable without condition to the City of Shakopee. The security shall be subject to forfeiture in the event the equipment is not furnished by the date specified, if the bidder is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities herein as they deem to be in the best interest of the City. By order of the City Council: JUDITH S. COX CITY CLERK Published in the Shakopee Valley News on: September 25, 1997 INSTRUCTION TO BIDDERS 1. GENERAL A. INTENT OF CONTRACT It is the intent of these specification to describe a new 16 Foot Rotary mower as furnished. It is the intent of the City not to be restrictive to any one manufacturer, however, the unit desired must meet the enclosed standard and any unit furnished which does not comply with the specifications will be rejected and returned to the bidder. All units bid shall be current production model machines furnished as specified and ready to operate. All parts required for a complete unit and necessary for safe operation shall be furnished. It shall be equipped with the equipment and published literature for the unit. The complete unit as furnished shall meet all current federal highway safety standards and all current OSHA requirements. Catalog information showing the make, model and complete specifications of the unit the bidder proposes to furnish shall accompany the bid. If the bidder's proposal is not in strict accordance with these specifications, the bidder must so indicate and describe any deviations in his proposal. Bidder shall supply the City with names and address to other Cities or construction companies, preferably in the 7 County Metro area, who have the type of machine that is being bid so the City can inspect a similar unit and possibly drive it before bid opening day. B. WARRANTY The successful bidder shall guarantee the unit and appurtenances for a period of at least 1 (one) year from the date of delivery. Any manufacturers warranties which exceed the 1 year period shall also apply. All warranties proposed by these specification and proposal shall apply where applicable. The supplier shall guarantee the machine against defective - materials and/or workmanship. Any material found defective within the guarantee period shall be replaced at the manufacturer's expense including labor. C SERVICE The bidder shall state in his proposal the location of the nearest stock of repair parts or servicemen who may be called if required. D. DELIVERY The successful bidder shall deliver the complete unit ready for operation to the Public Works Dept., 500 Gorman St., Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within ninety (90) days following contract award. E. PAYMENT Payment will be made within 30 days following the acceptance of the equipment received. The trade-in machine will be available at the time of delivery of the new machine, with 24 hours notice. F. NON-DISCRIMINATION The contractor shall be in compliance with all applicable federal and state statutes regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let, the cancellation of such contract. G. TAX EXEMPTION The City of Shakopee is subject to State sales tax only. H. IN SERVICE TRAINING A trained factory representative shall provide the City with training and instruction in the operation and maintenance of the unit at no cost to the City. L MANUALS The successful bidder shall furnish the City with: • Two (2) Operator's Manuals • Lubrication Chart • Two (2)Parts Manuals • Two (2) Complete Service and Repair Manuals J. AWARDS Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors of (1) Price; (2) Parts and service; (3) Analysis and comparison of specifications details; (4) Delivery date; and (5) Past experience with similar or related equipment. D. DELIVERY The successful bidder shall deliver the complete unit ready for operation to the Public Works Dept., 500 Gorman St., Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within ninety (90) days following contract award. E. PAYMENT Payment will be made within 30 days following the acceptance of the equipment received. The trade-in machine will be available at the time of delivery of the new machine, with 24 hours notice. F. NON-DISCRIMINATION The contractor shall be in compliance with all applicable federal and state statutes regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let, the cancellation of such contract. G. TAX EXEMPTION The City of Shakopee is subject to State sales tax only. H. IN SERVICE TRAINING A trained factory representative shall provide the City with training and instruction in the operation and maintenance of the unit at no cost to the City. L MANUALS The successful bidder shall furnish the City with: • Two (2) Operator's Manuals • Lubrication Chart • Two (2)Parts Manuals • Two (2) Complete Service and Repair Manuals J. AWARDS Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors of (1) Price; (2) Parts and service; (3) Analysis and comparison of specifications details; (4) Delivery date; and (5) Past experience with similar or related equipment. It is the intent of the City of Shakopee to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements. The City reserves the right to waive any informality or irregularity in any bid received; and to award the bid which is in the best interest of the City. The City Council reserves the right to reject any or all bids. Bids will be opened at 10:00 A.M.. on October 14, 1997 at which time they will be reviewed, tabulated, and then considered by the Council for at award the following scheduled Council meeting date. K TRADE-IN The City will trade-in one used Jacobsen HR-15, Serial No. 70520 1793, which may be inspected at the Public Works building at 500 Gorman Street, Shakopee, Minnesota, Phone No. (612)445-2211. This unit is considered to be in good condition. L. BIDS Proposals or bids must be written and conform to the form hereto attached and directed to the City of Shakopee, Minnesota. All bids must be sealed and marked "BID ON ROTARY MOWER" and must be accompanied by a certified check, cash or bid and performance bond payable to the City of Shakopee, for not less than five (5%) percent of the total bid price. In case the successful bidder fails to furnish the equipment by the time frame desired by the City, the security (certified check, cash or bond) shall be forfeited to the City as liquidated damages. The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for ninety (90) days. CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT BID SPECIFICATION FOR ONE (1) NEW 16 FOOT ROTARY MOWER INTENT OF CONTRACT: Furnish and deliver to the City of Shakopee, Public Works Department one (1) new 16 FOOT ROTARY MOWER meeting or exceeding the specifications in this proposal. GENERAL SPECIFICATIONS: Units bid shall be currently advertised and produced models with all the latest changes and features offered as standard whether called for in these specifications or not, except where specifications call for a substitute feature or item in lieu of manufacturer's standard. ENGINE: • Displacement: Not less than 180 C.I.D. • Cylinders: Not less than 4 cylinders • Cycles: Four(4) • Horsepower: Not less than 80 H.P. • Fuel: #2 diesel fuel • Fuel Tank Capacity: Minimum full 8 hour work day • Muffler: Double wrapped with insulation TRANSMISSION: • Hydrostatic with dual range, low mow and high transport, with one foot pedal operating forward and reverse. BRAKES: • Dynamic braking through hydrostatic drive • Brakes on both front wheels and may act emergency brake or have independent emergency brake. STEERING: • Steering Column: Adjustable • Steering: Full power • Turning Radius: Maximum twenty-four(24)inches FILTRATION: • Engine Oil: spin on replaceable type • Engine Air Filter: Heavy duty Turbo II pre-cleaner with secondary replaceable element • Fuel Filter and Water Separator: Can be combined, spin on replaceable type filter • Hydraulic Filter: Minimum 10 micron TIRES: • All season traction, floatation turf type COOLING SYSTEM: • Radiator: Heavy duty type with pre-screen for debris for easy cleaning • Anti-Freeze: to (-40 degrees F.) • ELECTRICAL SYSTEM: • System: 12 volt • Alternator: 35 amp minimum • Battery: Heavy duty, shock resistant • Lights: Two headlights, front and rear turning signals with four-way flashers, tail lights, stop lights • HornInstrument Panel Light: • Back up Alarm: Electric • • All electrical function Dshall turn off with key CUTTING • Rotary deck drive shall be totally hydraulically driven and distributed by belts • DecECKS: ks shall have individually controlled up/down levers • Decks shall have anti-scalp devices • Bidder shall provide one additional set of castor wheels of each size • Bidder shall provide one additional set of blades OPTIONS: • Two (2) post roll over protective structure(BOPS), built-on canopy/sunshade • Heavy duty steel construction with acoustical roof insulation MANUALS: • Two (2) operator's manuals • One(1) complete shop manual of all components • One(1) parts book • All manuals to be delivered to the City before payment will be made. GUARANTEED MAINTENANCE: The vendor contractor hereby agrees to furnish all parts and labor required to keep each unit in good operating condition for two (2) years or 1,500 hours, whichever comes first. In addition, the warranty repairs shall be handled as follows: There will be no charge for the first two (2) years except for normal day to day consumed items. If warranty exceeds 1 year or 1000 hours all shall apply. MAINTENANCE: The Shakopee Public Works Department agrees to provide such preventative maintenance and daily and monthly services as described by the manufacturer. SERVICE FACILITIES-DOWN TIME: The bidder will certify that he maintains an adequate stock of parts and employs qualified servicemen within the area available. TRAINING PERIOD: • The successful bidder agrees to provide a training program for City employees, at time of delivery in sufficient scope to assure efficient and economical performance and maintenance of the equipment. • The successful bidder shall perform the first scheduled maintenance at 50 to 75 hours. Checking over machine which will include the training program for the maintenance persons at the City Maintenance Department. CITY OF SHAKOPEE BID PROPOSAL FORM 1. MAKE & MODEL OF EQUIPMENT BEING BID: COST:$ 2. LESS TRADE-IN TOTAL TRADE VALUE $ 3. PURCHASER PAYS ONLY THIS AMOUNT $ This total will determine the best total bid available to the City for a contract. DELIVERY DATE: DAYS AFTER AWARD Note: Bidder must bid on all items and will be paid only Item#3. Failure to bid on all items will disqualify bid. Respectfully submitted, Printed Name of Bidder: Signature of Bidder: Address of Bidder: Telephone Number: State whether bidder is: Individual: Firm: Partnership: By: Names of Partners: Titles: Address: Corporation: Telephone Number: State in which incorporated: Bid and performance security in the amount of 5% of the base bid accompanies this proposal, the same being subject to forfeiture in the event the equipment is not furnished by the date specified, if the undersigned is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. CONSENT 1Y- 3 . / CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Advertisement for Bids for a 16 Foot Rotary Mower DATE: September 16, 1997 INTRODUCTION: On May 20, 1997, City Council approved a motion directing staff to proceed with the 1997 equipment acquisitions, which included a large rotary mower to replace the existing large mower for the Public Works Department. This item is for Council to consider approving the specifications for a 16 foot rotary mower and authorizing advertisement for bids for this piece of equipment. BACKGROUND: One of the equipment items approved by City Council to be purchased is a large rotary mower to replace the existing Jacobsen mower which is over ten years old. This existing large mower is utilized extensively in the park system to mow the athletic fields and large flat areas of the City's park areas. Attached to this memorandum are the specifications for a large mower, which has been prepared by staff. Specifications need to be prepared for this item, since neither the State nor Hennepin County had a large mower on their bid list. Thus, the City must advertise for sealed bids on this particular piece of equipment since it will be over $25,000.00. The budget amount for a large rotary mower was estimated to be $60,000.00 including trade-in of the 1987 Jacobsen mower. The requested action is for Council to approve the specifications for a 16 foot rotary mower and authorize advertisement for bids for this piece of equipment. ALTERNATIVES: 1. Authorize staff to advertisement for bids as per the attached specifications. 2. Do not authorize purchase at this time. 3. Revise the specifications and authorize the bid. 4. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the specifications for a 16 foot rotary mower and authorize advertisement for bids for this piece of equipment. ACTION REQUESTED: Move to authorize staff to advertise for bids, as per the attached specifications for a 16 foot rotary mower. Bruce Loney Public Works Director BL/pmp MOWER CITY OF SHAKOPEE NOTICE OF ADVERTISEMENT FOR BIDS FOR ONE (1) NEW 16 FOOT ROTARY MOWER BIDS CLOSE OCTOBER 14, 1997 NOTICE IS HEREBY GIVEN: The City of Shakopee will receive bids at the office of the City Clerk until 10:00 A.M., on October 14, 1997, at which time they will be publicly opened in the Council Chambers of the City Hall, 129 South Holmes Street, Shakopee, Minnesota 55379, by the City Clerk and Public Works Director or their designees and will then be tabulated and will be considered by the Council for: ONE (1) NEW 16 FOOT ROTARY MOWER according to the specifications on file in the office of the City Clerk, 129 South Holmes Street, Shakopee, Minnesota 55379 or the office of the Public Works, 500 Gorman Street. Each bid must be accompanied by cash, certified check, or bid and performance bond acceptable to the City in an amount equal to at least five (5%) percent of the total amount of the bid, payable without condition to the City of Shakopee. The security shall be subject to forfeiture in the event the equipment is not furnished by the date specified, if the bidder is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities herein as they deem to be in the best interest of the City. By order of the City Council: JUDITH S. COX CITY CLERK Published in the Shakopee Valley News on: September 25, 1997 INSTRUCTION TO BIDDERS 1. GENERAL A. INTENT OF CONTRACT It is the intent of these specification to describe a new 16 Foot Rotary mower as furnished. It is the intent of the City not to be restrictive to any one manufacturer, however, the unit desired must meet the enclosed standard and any unit furnished which does not comply with the specifications will be rejected and returned to the bidder. All units bid shall be current production model machines furnished as specified and ready to operate. All parts required for a complete unit and necessary for safe operation shall be furnished. It shall be equipped with the equipment and published literature for the unit. The complete unit as furnished shall meet all current federal highway safety standards and all current OSHA requirements. Catalog information showing the make, model and complete specifications of the unit the bidder proposes to furnish shall accompany the bid. If the bidder's proposal is not in strict accordance with these specifications, the bidder must so indicate and describe any deviations in his proposal. Bidder shall supply the City with names and address to other Cities or construction companies, preferably in the 7 County Metro area, who have the type of machine that is being bid so the City can inspect a similar unit and possibly drive it before bid opening day. B. WARRANTY The successful bidder shall guarantee the unit and appurtenances for a period of at least 1 (one) year from the date of delivery. Any manufacturers warranties which exceed the 1 year period shall also apply. All warranties proposed by these specification and proposal shall apply where applicable. The supplier shall guarantee the machine against defective materials and/or workmanship. Any material found defective within the guarantee period shall be replaced at the manufacturer's expense including labor. C SERVICE The bidder shall state in his proposal the location of the nearest stock of repair parts or servicemen who may be called if required. D. DELIVERY The successful bidder shall deliver the complete unit ready for operation to the Public Works Dept., 500 Gorman St., Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within ninety (90) days following contract award. E. PAYMENT Payment will be made within 30 days following the acceptance of the equipment received. The trade-in machine will be available at the time of delivery of the new machine, with 24 hours notice. F. NON-DISCRIMINATION The contractor shall be in compliance with all applicable federal and state statutes regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let, the cancellation of such contract. G. TAX EXEMPTION The City of Shakopee is subject to State sales tax only. H. IN SERVICE TRAINING A trained factory representative shall provide the City with training and instruction in the operation and maintenance of the unit at no cost to the City. L MANUALS The successful bidder shall furnish the City with: • Two (2) Operator's Manuals • Lubrication Chart • Two (2)Parts Manuals • Two (2) Complete Service and Repair Manuals J. AWARDS Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors of (1) Price; (2) Parts and service; (3) Analysis and comparison of specifications details; (4) Delivery date; and (5) Past experience with similar or related equipment. It is the intent of the City of Shakopee to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements. The City reserves the right to waive any informality or irregularity in any bid received; and to award the bid which is in the best interest of the City. The City Council reserves the right to reject any or all bids. Bids will be opened at 10:00 A.M.. on October 14, 1997 at which time they will be reviewed, tabulated, and then considered by the Council for at award the following scheduled Council meeting date. K TRADE-IN The City will trade-in one used Jacobsen HR-15, Serial No. 70520 1793, which may be inspected at the Public Works building at 500 Gorman Street, Shakopee, Minnesota, Phone No. (612) 445-2211. This unit is considered to be in good condition. L. BIDS Proposals or bids must be written and conform to the form hereto attached and directed to the City of Shakopee, Minnesota. All bids must be sealed and marked "BID ON ROTARY MOWER" and must be accompanied by a certified check, cash or bid and performance bond payable to the City of Shakopee, for not less than five(5%) percent of the total bid price. In case the successful bidder fails to furnish the equipment by the time frame desired by the City, the security (certified check, cash or bond) shall be forfeited to the City as liquidated damages. The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for ninety (90) days. CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT BID SPECIFICATION FOR ONE (1) NEW 16 FOOT ROTARY MOWER INTENT OF CONTRACT: Furnish and deliver to the City of Shakopee, Public Works Department one (1) new 16 FOOT ROTARY MOWER meeting or exceeding the specifications in this proposal. GENERAL SPECIFICATIONS: Units bid shall be currently advertised and produced models with all the latest changes and features offered as standard whether called for in these specifications or not, except where specifications call for a substitute feature or item in lieu of manufacturer's standard. ENGINE: Shall have the following preferred specifications: • Displacement: Not less than 180 C.I.D. • Cylinders: Not less than 4 cylinders • Cycles: Four(4) • Horsepower: Not less than 80 H.P. • Fuel: #2 diesel fuel • Fuel Tank Capacity: Minimum full 8 hour work day • Muffler: Double wrapped with insulation TRANSMISSION: Shall have the following preferred specifications: • Hydrostatic with dual range, low mow and high transport, with one foot pedal operating forward and reverse. BRAKES: Shall have the following preferred specifications: • Dynamic braking through hydrostatic drive • Brakes on both front wheels and may act emergency brake or have independent emergency brake. STEERING: Shall have the following preferred specifications: • Steering Column: Adjustable • Steering: Full power • Turning Radius: Eighteen(18) inches FILTRATION: Shall have the following preferred specifications: • Engine Oil: spin on replaceable type • Engine Air Filter: Heavy duty Turbo II pre-cleaner with secondary replaceable element • Fuel Filter and Water Separator: Can be combined, spin on replaceable type filter • Hydraulic Filter: Minimum 10 micron TIRES: Shall have the following preferred specifications: • All season traction, floatation turf type COOLING SYSTEM: Shall have the following preferred specifications: • Radiator: Heavy duty type with pre-screen for debris for easy cleaning • Anti-Freeze: to (-40 degrees F.) ELECTRICAL SYSTEM: Shall have the following preferred specifications: • System: 12 volt • Alternator: 35 amp minimum • Battery: Heavy duty, shock resistant • Lights: Two headlights, front and rear turning signals with four-way flashers, tail lights, stop lights • Instrument Panel Light: • Back up Alarm: Electric • Horn • All electrical function shall turn off with key CUTTING DECKS: Shall have the following preferred specifications: • Rotary deck drive shall be totally hydraulically driven and distributed by belts • Decks shall have individually controlled up/down levers • Decks shall have anti-scalp devices • Bidder shall provide one additional set of castor wheels of each size • Bidder shall provide one additional set of blades OPTIONS: Shall have the following preferred specifications: • Two (2) post roll over protective structure (ROPS), built-on canopy/sunshade • Heavy duty steel construction with acoustical roof insulation MANUALS: • Two (2) operator's manuals • One(1) complete shop manual of all components • One(1) parts book • All manuals to be delivered to the City before payment will be made. GUARANTEED MAINTENANCE: The vendor contractor hereby agrees to furnish all parts and labor required to keep each unit in good operating condition for two (2) years or 1,500 hours, whichever comes first. In addition, the warranty repairs shall be handled as follows: There will be no charge for the first two (2) years except for normal day to day consumed items. If warranty exceeds 1 year or 1000 hours all shall apply. MAINTENANCE: The Shakopee Public Works Department agrees to provide such preventative maintenance and daily and monthly services as described by the manufacturer. SERVICE FACILITIES-DOWN TIME: The bidder will certify that he maintains an adequate stock of parts and employs qualified servicemen within the area available. TRAINING PERIOD: • The successful bidder agrees to provide a training program for City employees, at time of delivery in sufficient scope to assure efficient and economical performance and maintenance of the equipment. • The successful bidder shall perform the first scheduled maintenance at 50 to 75 hours. Checking over machine which will include the training program for the maintenance persons at the City Maintenance Department. CITY OF SHAKOPEE BID PROPOSAL FORM 1. MAKE & MODEL OF EQUIPMENT BEING BID: COST:$ 2. LESS TRADE-IN TOTAL TRADE VALUE $ 3. PURCHASER PAYS ONLY THIS AMOUNT $ This total will determine the best total bid available to the City for a contract. DELIVERY DATE: DAYS AFTER AWARD Note: Bidder must bid on all items and will be paid only Item#3. Failure to bid on all items will disqualify bid. Respectfully submitted, Printed Name of Bidder: Signature of Bidder: Address of Bidder: Telephone Number: State whether bidder is: Individual: Firm: Partnership: By: Names of Partners: Titles: Address: Corporation: Telephone Number: State in which incorporated: Bid and performance security in the amount of 5% of the base bid accompanies this proposal, the same being subject to forfeiture in the event the equipment is not furnished by the date specified, if the undersigned is designated by the City Council as the lowest responsible bidder and a purchase order is executed by the Public Works Director. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Purchase of Box, Hoist, Plow, Wing and Sander for Two Single Axle Dump Trucks DATE: September 16, 1997 INTRODUCTION: On May 20, 1997, City Council approved a motion directing staff to proceed with 1997 equipment acquisitions, which include a box, hoist, plow, wing and sander for a complete truck assembly. This item is for Council to consider the authorizing the purchase of the box, hoist, plow wing and sander for two single axle dump trucks. BACKGROUND: The City did utilize the State bid for purchasing of two single axle dump trucks, cab and chassis at a price of$45,995.00 each. Attached to this memorandum are the State bid prices for purchase of a box, hoist, plow, wing and sander for a complete truck assembly to be utilized by the City in snow plowing. The budget amount for a complete assembly was estimated previously at $90,000.00 per truck. Staff utilized the different State bid vendors to obtain the lowest cost for the remaining equipment attachments. The costs for the attachments are as follows: Vendor Equipment Attachments Price Crysteel Truck Equipment Box, hoist, hydraulics, underbody $22,210.23 scraper and sander per truck * J-Craft, Inc. Plow&wing $12,845.79 per truck * Includes labor for installation and sales tax. The total cost of these items per truck is $35,056.02. With this purchase and the previous purchase of the truck, cab and chassis, the total price per truck is $81,051.02 and payment for these trucks is to be expended from the Internal Service Equipment Fund. ALTERNATIVES: 1. Authorize the purchase of a box, hoist, plow, wing and sander at $35,056.02 each using the State bid for a complete truck assembly. 2. Do not authorize purchase at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the purchase of a box, hoist, plow, wing and sander for two single axle dump trucks using the State bid price. ACTION REQUESTED: Move to authorize the purchase of a box, hoist and sander for two single axle dump trucks at a purchase price of $22,210.23 per truck from Crysteel Truck Equipment and the purchase of a plow and wing assembly at a purchase price of$12,845.79 per truck from J- Craft, Inc., with the purchases to be paid from the Internal Service Equipment Fund. ra 4ruce Loney d Public Works D rector BL/pmp PURCHASE 09/10/1997 15:33 6125 50- 3 -. ' - CtYSTEEI' TRUCK 612-571-1902 1130 73 AVENUE 612-571-1902 EQUIPMENT FRIDLEY,MN. 55432 FAX 612-571-5091 September 4, 1997 Mr, Mike Hullander Mr. Gene Jeurissen City of Shakopee Public Works Department 500 Gorman Street Shakopee, MN 55337 Reference: Cooperative Purchase of Equipment From State Solicitation if 2006106 Dear Gene and Mike: We are pleased to submit the hollowing detail of our proposal as per your request for quotation and Specifications, State Cooperative Pricing from Sequence#7133 Item# Description Pricing 18.02 Basic Hydraulics 3.12 3,575.00 Change Pump to Cessna Load sawing 425.00 Change valve to V-20 Loadsensing N/C Change Morse controls to Joy stick for Plow Wing, Hoist and Sander,Scraper N/C Total of 4 (see sketch) Mount Return line filter with stand pipe and One way check valve NIC 1 09/10/1997 15:33 61257150' -� �� - .■n 19.02 RC-750 Hoist 2,050,00 Standard Hoist assembly 20,01 Body to MN DOT Drawing 3,504.00 Change Body to 5 to 6 yard style N/C Delete front tool body N/C Add 1/2 Style Cab Shield 390.00 Add Quick Drop Lever to Upper Tailgate Pine 425.00 Add Additional Tailgate brackets per Gene N/C Rework Factory brackets as required Add Full length walls rails on both sides 125.00 Add Pull Out ladder on driver's side front N/C .Add Aero Pull Tarp 593.00 Add Black Poly Fenders over rear Wheels 390.00 Wire Body To meet FMVSS 108 Lights 137.50 20.08 Air Tailgate Mechanism 370.00 21.02 Underbody Scraper Fixed angle 3,576.00 22.06 Paint Base Body 1,050.00 22.14 Sander MS-966-RF-DD 2,682.00 Hansen Quick Couplers N/C Add two pair of quick couplers under trough for spinner attachment 45.00 Self Leveling Spinner Assembly N/C One Piece Poly Spinner N/C Optional 9"Auger Sander (Add $ 713.00) 22.16 Basic Whelen Lights 1,746.00 Subtotal $ 21,083.50 Pricing Breakdown Equipment $ 17,303.50 Installation $ 3,780.00 MN Sales Tax $ 1,124.73 Total Each $ 22,210.23 X2 TOTAL $ 44,420.46 2 F� 70127-3301n s1. PAGE OF Kimball,MN 55353 (320)398-6122•Fax(320)398-6123 ❑ ORDER Zit QUOTATION CUST.P.O. DATE TERMS F.O.B. DELIVERY • 0 /09/97 INVOICE SHAKOPEE An nAYS APfl 3 6 9 7 9 TRUCK MAKE YEAR MODEL W.B. CA-CT TRANS. COLOR CODE REQ COMPLETE NAME SHAKOPEE PUBLIC WORKS DEPT ATTENTION MIKE/GENE • ADDRESS 500 GORMAN STREET PHONE NUMBER 612-496-3179 CITY SHAKOPEE STATE MN ZIP 55379 FAX NUMBER 612-445-6718 (1) SNOW REMOVAL EQUIPMENT PACKAGE REF: MN-DOT SOLICITATION #2006106 SNOWPLOW: FALLS Model 312-R ONE-WAY CONFIG. POWER REVERSIBLE SNOWPLOW complete with all standard equipment, H.D. TRIP SPRINGS, LESS STD SHOES, with plow push unit for FALLS #41-B (29") MODIFIED HUSTING hitch system. Painted (1) FALLS standard LEAD-FREE paint color. Shipped loose in dump body. PLOW HITCH: FALLS Model #41-B heavy duty hitch system, complete with all standard features. All mounting hardware, FRONT WING POST PROVISION, plumbing, & SINGLE ACTING lift cylinder. Installed and painted gloss black. SNOW WING: FALLS Model TDL-9 heavy duty DIRECT HYDRAULIC, DIRECT LINK, PATROL snow wing, FRONT mounted, complete with all standard features, HYD SIDE SHIFT W/MAN SELECTOR VALVE, HYD PUSH BAR EXTENSION, all mounting hardware & plumbing, installed complete, and painted (1) FALLS standard LEAD FREE paint color. (SEE REQUIREMENTS BELOW) NOTE : FALLS standard LEAD-FREE paint color choices are: HIGHWAY ORANGE, SAFETY YELLOW, EARTH GOLD, RED, AND BLACK. These colors may not match all chassis colors 100%. Other LEAD-FREE colors may be available at extra charge, but must be quoted on an individual basis. RELOCATION OF MAJOR EQUIPMENT such as FUEL TANKS, EXHAUST MUFFLERS, EXHAUST OUTLETS, ETC to provide proper mounting of snow removal equipment is not included in price. If such work is required, you will be advised as to the extent of relocation necessary, and the charges for such work. It is advised to consult with our factory for possible suggestions to avoid this work. NET PACKAGE PRICE $12,190.00 *6.5% MN SALES TAX $ 655.79 TOTAL PRICE $12,845.79 *material goods (only) are taxable under MN statutes, installation labor is non-taxable. EQUIPMENT REQUIREMENTS: Snowplow (2) hydraulic valve sections must be available for usage. (1) SINGLE acting for plow lift, (1) DOUBLE acting for plow angle. Wing (3) DOUBLE acting valve sections must be available for usage. (1) for toe, (1) for heel (must have 1500 psi reliefs in both A & B ports), & (1) for hyd extendable push bar (must have a 1500 psi relief in A port). ACCEPTED BY: PRICES VALID FOR 30 DAYS UNLESS NOTED OT : . ISE e---- BY en=�f J-CRAFT, INC. DATE: WHITE-CUSTOMER YELLOW-SHOP PINK-SALES GOLD-W-P BLUE-FILE CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Relocation for Horizon Drive and Muhlenhardt Road Intersection DATE: September 16, 1997 INTRODUCTION: At the September 2, 1997 City Council meeting, Council directed staff to perform a stop sign warrant study for the intersection of Horizon Drive and Muhlenhardt Road. This item is for Council consideration to relocate the stop signs located at the intersection of Horizon Drive and Muhlenhardt Road. BACKGROUND: Horizon Drive is now a bituminous surfaced road connecting to County Road (C.R.) 18 which was recently reconstructed to a four lane divided urban arterial. Muhlenhardt Road is a gravel surfaced road which connects C.R. 18 to C.R. 16. Attached are traffic counts for this intersection after the road was recently paved and C.R. 18 was opened to traffic. Traffic counts show that Horizon Drive is now the major route over Muhlenhardt Road. Currently, at this intersection, the stop signs are placed so that traffic stops on Horizon Drive. As mentioned previously in the September 2nd memo, the site distance along Muhlenhardt Road is worse than the Horizon Drive east-west route. Staff believes with the majority of traffic using Horizon Drive to C.R. 18, it is appropriate to relocate the stop signs at this intersection. ALTERNATIVES: 1. Direct staff to remove the stop signs on Horizon Drive and to install stop signs on Muhlenhardt Road at the intersection of Horizon Drive and Muhlenhardt Road. 2. Direct staff to leave the traffic signs as is. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, for the reason previously stated in this memo. ACTION REQUESTED: Direct staff to remove the stop signs on Horizon Drive and install the stop signs on Muhlenhardt Road at the intersection of Horizon Drive and Muhlenhardt Road. ruce Loney/ Public Works Director BL/pmp STOP CITY OF SHAKOPEE Daily Traffic Volume Report NORTH O DATE PREPARED: 09-03-97 N Horizon Dr 1431-111w— 149 85 Total Daily Volume Entering Intersection: 437 Southbound — 13.7% Northbound — 19.5% Westbound — 34.0% Eastbound — 32.7% INTERSECTION Horizon Dr & Muhlenhardt Rd IN SHAKOPEE FROM 08-27-97 TO 08-29-97 SOURCE Traffic Counts ,CONSENT /Y. 6. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Valley Park 13th Addition Improvements Project No. 1996-8 DATE: September 16, 1997 INTRODUCTION: Attached is Resolution No. 4738, declaring the cost to be assessed and ordering the preparation of proposed assessments for Valley Park 13th Addition Improvements, Project No. 1996-8. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4519 on September 17, 1996, based upon 100% of the property owners petitioning the improvements. The improvements for this project includes streets, storm sewer, sanitary sewer, watermain and street lights. The trunk water fees will be assessed as well. On December 3, 1996, the City Council approved Resolution No. 4572, awarding the contract to Richard Knutson, Inc. of Savage, Minnesota for$1,093,063.60. The improvements have been substantially completed and the projected total construction costs for the project to be $1,121,438.57. Costs associated with administration and engineering for the project are projected to be $176,586.18. Trunk water charges to be assessed are $88,816.26. The attached resolution shows how these costs are being paid and the total cost to be assessed. The City needs to assess this project this year according to the bond repayment schedule. The project is substantially completed with bituminous wear course paving and restoration items remaining. The final quantities have not been agreed upon by the Contractor, however, staff is using the Contractor's quantities for assessment purposes. This procedure was agreed upon by the developer in order to expedite the assessment hearing and begin paying the assessments. Staff will be working with the Contractor to finalize the quantities before the assessment hearing. ALTERNATIVES: 1. Adopt Resolution No. 4738. 2. Deny Resolution No. 4738. 3. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4738, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Valley Park 13th Addition Improvements, Project No. 1996-8 and move its adoption. ruce Loney• 0 Public Works Director BL/pmp MEM473 8 RESOLUTION NO. 4738 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Valley Park 13th Addition Improvements Project No. 1996-8 WHEREAS, a contract has been let for the improvement of Valley Park 13th Addition Improvements by installation of streets, storm sewer, sanitary sewer, watermain and street lights and the contract price for such improvements was $1,093,063.60, and the final contract price for such improvement is $1,121,438.57, and the expenses incurred or to be incurred in the making of such improvements amounts to $265,402.83, so that the total cost of the improvements will be $1,386,841.01. Of this cost the City of Shakopee will pay$107,843.92 as its share of the cost and the Shakopee Public Utilities Commission will pay$48,782.20 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $1,230,214.89. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of October, 1997, in the Council Chambers of City Hall at 7:15 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks lrior to the hearing and she shall state in the notice the total cost of the improvements. She also shall 'se mailed notice of such hearing to be given the owner of each parcel described in the assessment 't less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk • CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Lateral Sanitary Sewer Extension East of French Trace, Project No. 1996-9 DATE: September 16, 1997 INTRODUCTION: Attached is Resolution No. 4739, declaring the cost to be assessed and ordering the preparation of proposed assessments for the installation of sanitary sewer laterals east of French Trace, Project No. 1996-9. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4499 on August 20, 1996 for a lateral sanitary sewer extension through the property east of French Trace. On January 21, 1997, the City Council approved Resolution No. 4604, awarding the contract to Bonine Excavating, Inc. of Elk River, Minnesota for$124,917.60. The improvements have been completed and the total construction costs for the project are $127,165.35. Costs associated with administration, engineering and land acquisition for the project totaled $74,755.68. The attached resolution shows how these costs are being paid and the total cost to be assessed. This project was petitioned by the property owners who signed a waiver of hearing and appealing of assessments. ALTERNATIVES: 1. Adopt Resolution No. 4739. 2. Deny Resolution No. 4739. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4739, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 and move its adoption. 1 nice Loney Public Works Director BL/pmp MEM4739 RESOLUTION NO. 4739 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Installation of Sanitary Sewer Laterals In The NE1/4 Of The NW1/4 Of The NW1/4 Of Section 17, Township 115, Range 22; And The NW 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 WHEREAS, a contract has been let for the improvement of extending sanitary sewer laterals through France Trace and the property east of French Trace and the original contract price for such improvements was$124,917.60, and the final contract price for such improvement is $127,165.35, and the expenses incurred or to be incurred in the making of such improvements amounts to$74,755.68, so that the total cost of the improvements will be $201,921.03. Of this cost the City of Shakopee will pay$176,794.34 as its share of the cost and the Shakopee Public Utilities Commission will pay$ -0-as its share of the cost. NOW, 'THEREFORE, BE IT RESOLVED BY 'DIE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be$25,126.69. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall,upon the completion of such proposed assessment, notify the City Council thereof BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of October, 1997, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk /y 3 . b . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Sarazin Street, from 4th Avenue to C.R. 16; Roundhouse Street, from 4th Avenue to C.R. 16; and Shawnee Trail to Sarazin Street Improvements, Project No. 1994-10 DATE: September 16, 1997 INTRODUCTION: Attached is Resolution No. 4740, declaring the cost to be assessed and ordering the preparation of proposed assessments for Sarazin Street, from 4th Avenue to County Road (C.R.) 16; Roundhouse Street, from 4th Avenue to C.R. 16; and 4th Avenue, from Shawnee Trail to Sarazin Street, Project No. 1994-10. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4025 on June 21, 1994 for the above project. The project improvements are on Sarazin Street, from 4th Avenue to C.R. 16;Roundhouse Street, from 4th Avenue to C.R. 16; and 4th Avenue, from Shawnee Trail to Sarazin Street by street, sanitary sewer, watermain, storm sewer and sidewalk improvements. On April 14, 1995, the City Council approved Resolution No. 4201, awarding the contract to Ryan Contracting, Inc. of Shakopee, Minnesota for $1,180,772.25. The improvements have been completed and the total construction costs for the project are $1,399,097.67. Costs associated with administration, engineering, right-of-way and trunk water charges for the project totaled $485,217.58. The attached resolution shows how these costs are being paid and the total cost to be assessed. The project costs to complete this project are over the feasibility report estimate by $866,677.65 for the following reasons: • Initial bid on April 4, 1995 was $366,662.25 over the feasibility report estimate for construction. Council and the developers who signed the petition for improvements were aware of this fact. • A jury awarded the Contractor an additional $288,939.21, in which $279,052.89 is the initial judgment, interest being$496.94 and taxable costs being $9,389.38. • The interest cost for project financing for the project construction cash flow and for interest on the bonds from date of bond sale to assessment roll adoption is $145,718.55. • Land acquisition costs of $104,426.28, plus engineering and legal/administration costs. • Trunk water fees of$71,137.48. This project was initiated by the Prairie Bend development and the developer did sign a petition waiving the right for a hearing and appealing assessments. The court judgment is under appeal to District Court, however, staff believes it is prudent to conduct the assessment hearing now since the appeal is at least six months away. If the judgment is reduced in the future, a reduction in the assessments will be given. ALTERNATIVES: 1. Adopt Resolution No. 4740. 2. Deny Resolution No. 4740. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4740, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Sarazin Street, between 4th Avenue and County Road 16; Roundhouse Street, between 4th Avenue and County Road 16; and 4th Avenue , between Shawnee Trail and Sarazin Street, Project No. 1994-10 and move its adoption. 4641-e- Bruce Loney Public Works Director BL/pmp MEM4740 RESOLUTION NO. 4740 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Sarazin Street, Between 4th Avenue And County Road 16; And Roundhouse Street, Between 4th Avenue And County Road 16; And 4th Avenue, Between Shawnee Trail And Sarazin Street Project No. 1994-10 WHEREAS, a contract has been let for the improvement of Sarazin Street and Roundhouse Street between 4th Avenue and County Road 16 by street, sanitary sewer,watermain, storm sewer and sidewalks and construction of sanitary sewer and watermain on 4th Avenue, between Shawnee Trail and Sarazin Street and the contract price for such improvements was $1,180,772.25, and the final contract price for such improvement is $1,399,097.67 and the expenses incurred or to be incurred in the making of such improvements amounts to $485,217.58, so that the total cost of the improvements will be$1,884,315.25. Of this cost the City of Shakopee will pay$193,982.48 as its share of the cost and the Shakopee Public Utilities Commission will pay$18,362.52 as its share of the cost. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $1,671,970.24. 2. The City Clerk,with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall,upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of October, 1997, in the Council Chambers of City Hall at 7:45 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT 1 %6. 1X CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Fuller Street Improvements, from 10th Avenue to Vierling Drive Project No. 1995-8 DATE: September 16, 1997 INTRODUCTION: Attached is Resolution No. 4741, declaring the cost to be assessed and ordering the preparation of proposed assessments for Fuller Street Improvements, from 10th Avenue to Vierling Drive, Project No. 1995-8. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4211 on May 16, 1995 for Fuller Street Improvements, from 10th Avenue to Vierling Drive. On August 15, 1995, the City Council approved Resolution No. 4277, awarding the contract to Richard Knutson, Inc. of Savage, Minnesota for$493,526.94. The improvements have been completed and a settlement agreement agreed upon by the Contractor and the total construction costs for this project are $557,868.53. Costs associated with administration and engineering for the project totaled $121,694.50. Trunk charges to be assessed are $11,001.90. The attached resolution shows how these costs are being paid and the total cost to be assessed. Total construction costs include $507,230.53 for the Richard Knutson, Inc. contract, $24,088.00 for grading work on Fuller Street by Civic Center grading contractor and $26,550.00 for storm sewer work on the Civic Center project to be assessed. The feasibility report estimate for construction, including 10% contingency, was $623,941.79 with a total project cost estimated at $892,261.30. 4 ALTERNATIVES: 1. Adopt Resolution No. 4741. 2. Deny Resolution No. 4741. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer Resolution No. 4741, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4741 RESOLUTION NO. 4741 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8 WHEREAS, a contract has been let for the improvement of Fuller Street, from 10th Avenue to Vierling Drive by grading, curb & gutter, street, storm sewer, sidewalk, sanitary sewer, watermain and appurtenant work and the contract price for such improvements was $493,526.94, and the final contract price for such improvement is$507,230.53, and the expenses incurred or to be incurred in the making of such improvements amounts to $183,334.40, so that the total cost of the improvements will be $690,564.93. Of this cost the City of Shakopee will pay $217,098.52 as its share of the cost and the Shakopee Public Utilities Commission will pay$8,868.76 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '1'111; CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $464,597.65. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FUR 1'H1:R RESOLVED: 1. That a hearing shall be held on the 21st day of October, 1997, in the Council Chambers of City Hall at 7:30 .M. or thereafter,to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Miinnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk /y a. 8, CITY OF SHAKOPEE Memorandum TO: Mayor City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Upper Valley Drainage Project No. 1993-3 Settlement of Claims DATE: September 16, 1997 INTRODUCTION: Staff has reached a settlement agreement on the Upper Valley Drainage Project No. 1993- 3 on final claims from the Contractor for Council consideration. BACKGROUND: The Upper Valley Drainage Project was awarded to Ryan Contracting, Inc. on August 17, 1993 for an original amount of $2,088,468.00. This project was a cooperative effort between Mn/DOT and the City to provide a drainage system for the Shakopee Bypass and land within the City limits. With this project, Council authorized a 5% contingency for minor change orders and quantity adjustments. The authorized amount for this project with contingency is $2,192,891.40. The last pay estimate on July 31, 1997 for this project including Change Orders 1 through 5 is $2,168,870.51. Included with this memo is Attachment No. 1, which lists the claim items and settlement amounts. The total agreed amount is $57,250.00 on extra work claims by the Contractor. The Contractor was claiming an additional compensation amount of $179,112.15. Since this amount would be over the authorized contingency amount and is a major change order to resolve contract disputes, City Council needs to approve this change order. The proposed Settlement Agreement contains five items for additional compensation as follows: • Staking Errors • Lions Park Pond Regrading • Extra grading work on Hauer property and Hauer Trail and Jasper Road • Mobilization due to gas main conflict • Extra work for storm sewer cleaning and repair of ditch erosion and sediment removal. Staff has met with Tom Ryan of Ryan Contracting, Inc. along with Councilor Clete Link to resolve the five claims. In discussing the claims, staff along with Councilor Link and the Contractor have agreed to the following amounts: Item Amount Staking Error $ 2,500.00 Lions Park Pond Regrading $ 4,750.00 Extra Grading Work on Hauer Property and $ 4,000.00 Hauer Trail and Jasper Road Mobilization Cost Due to Gas Main Conflict $ 1,500.00 Extra Work for Storm Sewer Cleaning $44.500.00 Repair of Ditch Erosion and Sediment Removal Total $57,250.00 Of these costs staff has received a verbal commitment from OSM & Associates, Inc. to pay the $2,500.00 staking error claim. Also, staff will be requesting cost participation from Mn/DOT as part of the Cooperative Agreement with the City. A portion of the settlement costs may be eligible for Mn/DOT participation. The staking error and Lions Park Pond regrading will not be eligible, however, staff believes the other three items are eligible for cost participation from Mn/DOT. Regardless of MnDOT's position, staff believes that the proposed settlement is reasonable. In the Capital Project Drainage Fund account, $69,000.00 exists as of this date and is sufficient funding to final the project. Staff is recommending approval of this settlement agreement and would also recommend that Council approve a motion to authorize the appropriate City officials to execute the necessary documents to accomplish the settlement agreement. The City Attorney has been involved in this process as well and is feels the settlement agreement is acceptable. The other option is to deny the settlement for claims and risk going to court to resolve the compensation amount. ALTERNATIVES: 1. Approve a motion to authorize the appropriate City officials to execute the necessary documents to accomplish the settlement of claims in an amount not-to-exceed $57,250.00. 2. Do not approve a motion to execute a settlement agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to settle the claims as per the negotiated amount of $57,250.00. ACTION REQUESTED: Make a motion to authorize the appropriate City officials to execute the necessary documents to accomplish the settlement of claims, in an amount not-to-exceed $57,250.00 with Ryan Contracting, Inc., on the Upper Valley Drainage Project No. 1993-3. Siuta • • Bruce Loney Public Works Director BL/pmp C06 SEP-15-1997 11:59 P.01 1 .1/' 3 . 8 September 15, 1997 ONSX Mr. Bruce Loney City Engineer, City of Shakopee S .-b,v,(iotas City Hall 129 Holmes Street South Engineers Shakopee, MN 555379-1376 Architects Planners Surveyors RE: Shakopee City Project 1993-3 OSM Project No. 4765.11 Dear Mr. Loney: This letter will confirm our agreement. The City of Shakopee and Ryan Contracting have reached a final settlement of claims arising from the above referenced project. In response to your request,OSM will contribute$2,500 toward this final settlement. In return,the City of Shakopee will release all claims against OSM arising from this project,and protect OSM from any claims by Ryan Contracting. If there is a formal settlement agreement and release between the City and Ryan Contracting,then the City should include OSM in its release and settlement agreement with Ryan Contracting. This will assure that Ryan Contracting does not come back after the fact to make claims against OSM for these same . 4 • • issues. : .. - I understand that you will discuss this matter with the City Council and obtain authority c, +i : '' •' from the Council for the final closeout on this project. Please sign this letter at the bottom j. . lir to confirm the City CounciFs approval of our agreement,and provide me with a copy of the • J Council minutes confirming the City's agreement. Our legal counsel would also like to %,, . ._ Iii, .) review any formal settlement with Ryan Contracting. ., ' • Please contact me if you have any questions. f F y J Sincerely, _ Orr-Schelen-Mayeron ,,,: "� ales, inc. 1A1 I I D. Edward Ames, L.S. I 1l Vice President I ,1 1 I AGREED: 1922-1991 For the City of Shakopee HASU RV\DEA\L ETTERS\C91597.81 300 Park Place East 5775 Waw II culenard Mien apolls,MN 55416-1228 612-595-5775 FAX 612-595-5773 1400-753-5775 TOTAL P.01 CONSENT CITY OF SHAKOPEE I I C • / , Memorandum TO: Honorable Mayor and City Council City Administrator, Mark McNeill FROM: Tom Steininger, Chief of Police SUBJECT: $10,000 Grant DATE: September 9, 1997 INTRODUCTION: The Police Department is requesting Council approval to accept a $10,000 Grant from the Minnesota Department of Public Safety. BACKGROUND: Recently, the Police Department was awarded a 1997 Omnibus Crime Bill - Community Oriented Policing Grant for Overtime in the amount of$10,000. The grant is to be administered through the Minnesota Department of Public Safety. No local match is required. The purpose of the grant is to address the excessive number of incidents in which cars are broken into and the contents removed. The strategy is to deploy overtime officers in plain clothes during selected hours of darkness during the next 12 months. The project will be called"Operation CPR" (Car Prowl Reduction). Officers assigned to work Operation CPR will employ non-traditional patrol methods to identify and apprehend the people committing these crimes. In order for the Police department to receive the grant, the attached Resolution Authorizing Execution of Agreement must be passed. Upon receipt of this resolution, the Minnesota Department of Public Safety will send the City a grant agreement to be executed by the appropriate city official(s). ALTERNATIVES: 1. Accept the grant. 2. Do not accept the grant. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer and pass resolution#4743 authorizing the appropriate city officials to enter a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation CPR(Car Prowl Reduction) from October 1, 1997 through October 1, 1998. RESOLUTION NO. 4743 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE PROJECT ENTITLED OPERATION CAR PROWL REDUCTION BE IT RESOLVED, that the Shakopee Police Department enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation CPR(Car Prowl Reduction) during the period from October 1, 1997 to October 1, 1998. BE IT FURTHER RESOLVED that the proper City officials be and hereby are authorized to execute such agreement and amendments, as are necessary to implement the project on behalf of the Shakopee Police Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 16th day of September, 1997. Mayor of the City of Shakopee ATTEST: City Clerk /q. C , c.. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Surplus Property DATE: September 15, 1997 INTRODUCTION: Unclaimed property including recovered bicycles and property which has no value to the City has accumulated at the police department and should be sold. BACKGROUND: Throughout the year, the Police Department comes into possession of items which cannot be returned to an owner. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time to time,this property must be disposed of because of the room it takes up. In the past, such disposal has been accomplished by auction which was deemed to be the simplest way to deal with this property. A county wide auction is scheduled to take place at the Scott County Warehouse on October 4, 1997. This sale presents a good opportunity to dispose of property which cannot be returned to an owner and items of city property such as obsolete office equipment and unserviceable furniture. Before any of this property can be disposed of, it must be declared surplus by action of the City Council. A list of these items is attached to this memo. ACTION REQUESTED: Move to declare items listed herein as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. Sheet1 BICYCLES TREK 79019671000107 PYTHON -C2J04140 PEUGEOT- 2692101 THUNDER- 136A7923809 UNK, WHITE IN COLOR, NO SERIAL# UNK,CHROME -A8507 APOLLO - UNKNOWN SERIAL# PERFORMER- 1087458 MURRY- 8200X92-100292 SCHWINN (COPPER) -UNKNOWN SERIAL# HUFFY, GIRLS, - 81608HUFFYK6838 GLACIER POINT- SERIAL 97TDS13675 SCHWINN (BLACK) 20 "- UNKNOWN SERIAL# HUFFY- K4534-9158522F9899 NISHIKI, 26"WHITE IN COLOR, UNKNOWN SERIAL# HUFFY- 80306HUFFY23845 SCHWINN - GE322774 MAGNA- SP001536 PROSPECTOR- C70448C0693T SCHWINN 20", WHITE IN COLOR, UNKNOWN SERIAL# SURPLUS PROPERTY FROM EVIDENCE ROOM 2 PAIR FUSION ROLLER BLADES 1 GRAN PRIX KARAOKE PARTY MACHINE, MODEL C1040, SER#472311040 1 SPARKOMATIC EQUALIZER, MODEL ge50, ser#00005969 1 GREEN AMMO BOX, METAL 1 GUITAR, 6 STRING, WOODEN IN CASE, MODEL K280 1 SMALL ELECTRIC AIR HEATER, MODEL hr10b, ser#199075 1 GREEN STEBCO SUITCASE INITIALS DWB 1 BLACK LEATHER PORTFOLIO CASE 1 TWO-TONE BROWN VINYL SUITCASE 1 REALISTIC SPEAKER cat#12-1713 1 LARGE DUAL SPEAKER AUDIOPHILE-THE PUNCH , NO MODEL OR SERIAL# 1 GOLF SET DUNLOP MAX100 1 GOLF SET DUNLOP TQPLUS 1 DATREK GOLF PULL CART 1 PAIR ROLLER BLADE SKATES 1 KRACO AUTOMOBILE TAPE PLAYER, MODEL KF111, SER#405001280 1 MAJESTIC AM/FM CASSETTE FOR AUTOMOBILE, MOD MCR4100HP, SER#21105922 1 AUDIO CONTRON CROSSOVER SUBSONIC FILTER, MOD 2XS, NO SER NUMBER 1 NINTENDO SUPER NES CONTROL BOX WITH 2 PADDLES, SER#UN806033073 1 NINTENDO POOL GAME OFFICE EQUIPMENT 386 PC WITH AMBER MONITOR AND KEYBOARD, CITY#2404 TYPING TABLE TYPEWRITER CITY# 1487 TYPING TABLE MISCELLANEOUS COMPUTER CABLES AND ACCESSORIES 6 MICROCASSETTE RECORDERS 386SX PC, MONITOR, KEYBOARD, CITY#2343 CPU'S, CITY#2344, 2296,1783 PC, KEYBOARD AND ACCESSORIES, CITY#2266 AND 2265 Page 1 TO AUCTION Item Serial i City I PC - Epson with keyboard 068567 002133 PC - Blue Star 2298 Monitor - Amdek 6030600 1801 Monitor MC-00500 484 Monitor - Packard Bell 85473326 none MISC ITEM - none none Tandy portable computer accoustic coupler 2 MISC ITEM - none none computer/cassette recorder, model 26-1208a CCR-81 Software none 2137 2 copies of Multimate Advantage II Software 1749 Learning/Using DBASE III Plus Programming W/DBASE III Plus Software none 2137.001 Multimate II LAN ARCNET Cards none none (Box of 11) Camera 1023 Polaroid (20 - 30 years old) Camera 1439740 Minolta Weathermatic CAmera 1427542 0969 Minolta Weathermatic Camera none Kodak Ektralight 10 MISC ITEM none none parts for printer stand MISC ITEM 0916 Time card holder A 1 o.. /, CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: The Preserve Golf Course Tunnel Date: September 9, 1997 INTRODUCTION At the September 2, 1997 City Council Meeting, Council directed staff to draft a lease agreement which allows The Preserve Golf Course to construct a tunnel and bituminous trail on park property. BACKGROUND The proposed tunnel and trail will be located in O'Dowd Lake Park. Scott County has already granted approval to The Preserve Golf Course to build the tunnel under County Road 79. See Attachment A. The Parks and Recreation Advisory Board reviewed the tunnel proposal at their July 28 and August 25 meetings. They suggested, as did Councilor Zorn on September 2, the lease agreement address the following items: 1. Maintenance of the tunnel and trail; 2. An annual fee be considered; 3. The City of Shakopee be included on the Preserve Golf Course's $1 million liability insurance package as an additional insured; 4. The conditions of the lease agreement be extended and honored by its successors and/or assigns; 5. The agreement be no more than 99 years and 6. The public be allowed unrestricted access through the tunnel. The Preserve Golf Course has also agreed to extend, at their expense, an 8 foot wide trail to the road which enters the park. STAFF RECOMMENDATION Staff recommends there be a one-time lease fee of$1.00 and an annual Administrative Fee of$50.00 per year. The Administrative Fee will cover staff's time to review the insurance policy each year. Staff recommends the practice of including an annual Administrative Fee on any future agreements which require annual reviews by staff The $1 lease fee is consistant with the agreement the City has with Stonebrooke Golf Course, and it also eliminates the need of having to annually file tax forms on revenues collected by the agreement. ALTERNATIVES 1. Authorize the appropiate City officials to execute the Tunnel Agreement with The Preserve Golf Course. 2. Do not enter into the Tunnel Agreement with The Preserve Golf Course. 3. Table for further information from staff ACTION REQUESTED Move to authorize the appropiate City officials to execute the Tunnel Agreement with The Preserve Golf Course. / Mark . McQuillan Parks and Recreation Director Scott County Highway Department 600 Country Trail East Jordan, MN 55352 APPLICATION FOR PERMIT FOR INSTALLATION OF UTILITIES OR FOR PLACING OF OBSTRUCTIONS ON ROADS Name of Applicant: Address: Contact Person: Phone % Contractor: 1. Nature of Work: 2. Location: 3 . Size and Kind of Structure: 4. Depth of Structure from Road Surface: 5. Work to Start on or after: 6. Will detouring of traffic be necessary: 7. Roads involved: 8. Include sketch of site plan with application. ( I ) (We) the undersigned, hereby apply for a permit from Scott County for the above. (I ) (We) understand that the approval of the County Engineer must be obtained for issuance of this permit and that ( I ) (We) herewith accept the terms and requirements of the Scott County Board of Commissioners. Date: Applicant' s Signature Permit # This application is hereby approved for granting the work to be done as described in the above application with the following requirements: DATE: County Engineer REGULATIONS Safety 1. Flags, flares and barricades shall be erected to protect traffic and persons. 2. Traffic to be allowed to pass at all times. If it is not possible to allow traffic to pass a suitable detour must be provided. 3. All necessary municipal permits must be obtained. 4. Underground constrqction must not destroy root growth of trees or shrubs. Roadway 1. Installation of pipe under certain roads may require boring or jacking if so requested by the Engineer. 2. All backfilling to be 3/4 minus Limestone placed in 6" layers and thoroughly tamped and must be flush with road surface when finally in place. 3. Bituminous surfaced roadway shall be restored to original condition. 4. No tractors or equipment with lugs shall be driven on bituminous surfaced roads without planking to prevent damage to that mat. Limitations 1. Roadside to be cleaned up after completion of work. 2. If the County shall make any improvement or change on all or any part of its right-of-way upon, over, under or along the County Road, then and in every case, the applicant herein named shall after notice from Scott County proceed to alter, change, vacate or remove from the County Road said works necessary to conform with said changes without cost whatsoever to Scott County. 3. After work on a project is completed said persons doing work must notify the County engineer's office that such work has been completed and ready for final inspection and acceptance. js-w:\permit\utility SCOTT COUNTY PERMIT AGREEMENT FOR INSTALLATION ON COUNTY ROAD RIGHT-OF-WAY The County of Scott, by and through its Highway Engineer, hereby grants Preserve-Stonebrooke Golf Course, hereinafter referred to as the Permittee, a permit to install and maintain an installation upon, over and across that portion of the right-of-way of County Road 79, at the location shown on the map attached hereto as Exhibit"A", hereinafter referred to as the"premises", upon the following terms and conditions: 1. The sole purpose of this Permit is to allow Permittee to install and maintain a golf cart underpass (hereinafter referred to as the installation) as shown on the plans submitted to the Scott County Highway Department and described in detail on Exhibit"B" attached hereto, and for no other purpose, upon, over and across the premises. This is a grant of permission to use the premises under the terms and conditions stated herein only, and does not vest any interest in the premises to Permittee. 2. This permit is for the benefit of Grantee and its members, which collectively and separately own the property described in Exhibit"C" attached hereto. This permit shall run with and be appurtenant to the land which is described in said Exhibit"C". 3. The use of the premises allowed by this Permit shall be under the general supervision of the Scott County Highway Engineer, who may require Permittee to temporarily or permanently remove or relocate any part of the installation at any time and for any reason, which the Permittee shall perform at its own expense according to a reasonable schedule established by the Highway Engineer. If the Permittee fails to remove or relocate the installation as required by the Highway Engineer, Scott County may remove or relocate the installation, or permit others to do so, without liability to Scott County, and Permittee shall promptly pay to Scott County any sum which may be expended on such removal or relocation. 4. The exercise of this Permit shall be without cost or expense to Scott County. 5. Scott County reserves the right to improve, use, and maintain the premises in any manner. Scott County reserves the right to install utilities upon and under the surface of the premises, and to allow others to do so. This Permit is specifically subject to all other Permits granted, or which may be granted in the future, by Scott County for the use of the premises. 6. Permittee shall keep the installation in good order and in a clean, safe condition at Permittee's expense. Permittee shall be responsible for any damage that may be caused to property of Scott County by activities of Permittee under this permit, and shall exercise due diligence in the protection of all property owned by others which is located on the premises. Permittee shall promptly repair or replace any property of Scott County damaged or destroyed by Permittee incident to the exercise of the privileges granted herein to a condition satisfactory to the Scott County Highway Engineer, or at the election of the Engineer, make reimbursement in an amount necessary to restore or replace the property. 1 7. Scott County shall not be responsible for damages to propertyor injuries to persons which may arise from or be incident to the exercise of the privileges granted by this Permit, or for damages to the property of the Permittee or others, and the Permittee shall hold Scott County harmless from any and all such claims. Specifically, Permittee shall save and hold Scott County harmless from any claim of damage or injury caused by motor vehicle accidents involving the installation. 8. Permittee shall not commence work under this Permit until it has obtained at its own cost and expense all insurance required herein. All insurance coverage is subject to approval of the County and shall be maintained by the Permittee as long as the improvement is located on the premises. The insurance shall cover personal injury, with a minimum limit of$1,000,000 per occurrence, and property damage, with a minimum limit of$1,000,000 per occurrence. All applicable deductibles shall be the responsibility of the Permittee. Scott County shall be named as an additional insured to the coverage. Insurance certificates evidencing that the above insurance is in force with companies acceptable to Scott County and in the amounts required shall be submitted to Scott County for examination and approval prior to the commencement of construction of the installation. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled, or non-renewed except upon 30 days prior written notice to Scott County. Permittee shall provide replacement certificates to Scott County if such notice is issued. Neither the County's failure to require or insist upon certificates or other evidence of insurance changes the Permittee's responsibility to comply with these insurance requirements. Failure to provide such insurance, or to keep such insurance in force, shall be cause for cancellation of this Permit. 9. Scott County may terminate this Permit upon 90 days written notice to Permittee for any reason. This Permit shall terminate 30 days after Permittee ceases to use the premises for the purpose set forth in Paragraph 1. This Permit may be terminated by Permittee upon 30 days written notice to Scott County. If this Permit is terminated, Permittee shall immediately vacate the premises and restore the premises to the satisfaction of the County Engineer. If the Permittee fails to do so, Scott County may restore the premises and Permittee shall pay to Scott County any sum which may be expended on such restoration. 10. Permittee shall obtain all permits and licenses which are required by Federal, state, and local laws in connection with Permittee's use of the premises. Permittee's use of the premises and the actions allowed by this Permit shall comply with all applicable Federal, state, county, and municipal laws, ordinances and regulations. Permittee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from Permittee's activities,the Permittee shall be liable to restore the damaged resources. 11. Scott County makes no representation or warranty whatsoever as to the condition of the premises, and will not undertake any obligation regarding the condition of the property. Scott County makes no warranty of its title to the premises whatsoever, and this Permit only applies to the interest owned by Scott County in the premises. 2 12. If any present or future action by Scott County interferes with Permittee's use of the premises as set forth in Paragraph 1, or if Permittee's use of the premises interferes with any present or future use of the premises by Scott County, or if Scott County requires Permittee to temporarily or permanently remove its installation for any reason, Permittee shall be responsible for all costs of repair, removal and reinstallation. COUNTY OF SCOTT Date: by: Bradley J. Larson, Highway Engineer The terms and conditions of this Permit are understood and accepted by the undersigned Permittee. PRESERVE-STONEBROOKE GOLF COURSE Date: by: its: Hugh Kramber, Owner Please attach to this Permit a copy of the Resolution of Permittee accepting all the terms and conditions contained herein, and authorizing the acceptance of this Permit. jf-w:\word\agrmt\rowpend.doc 3 1 i - 6 .. C , , . �, "EXHIBIT A" i A J C djt 16 \ 4r)30010thAVE. co s;,, Jvc 5th " e4 " 169— � ST. \�G DR c 13th AVE.W DR. _-....../ C�LBURN DR. J C ui cc t5th0 Q Shakopee 3 iiiST.W. v JACKSON z W4, 126THSTWco a 128TH T W 130TH ST. W. LINK DR. 944� 41* ST. w VIEW RD. E kKLAWN DDR_ 130th1 ST. W 1.tr. CREEKSIDE LN. L 1 IrkOAK CIR. 2.NORTH SHANNON DR. 3.SOUTH SHANNON DR. BROOKHAVEN im DR. OAK RD ROSEWOOD z CIR. 3 — — ANN PL. O ! ( p STEVE DR WILD ANN CR. ROSE 0 CT. CLEARVIEW DR. Y ` d m . INIIIMINNIMIN VILLE � << , MOONLIGHT ■ f fJ P1 4 14511, 145th ST. V 1. ST.W. 1.TYROL DR. 1. .. , N 2.TYROL CIR 3.e 2 1.HIGHLAND DR. 3.TYROL LA. 2 2 .• .BRENNER 4 Thole , 2.LAKEVIEW CIR Lake / -{� "y • 3.=' 3.MALLARD DR. MYS I IC f 150th - 7 4.RIDGE CT. _ i 4. "I ® LAKE p Schneider ' o '-s�, Laked I CASINO I EXHIBIT "CI PROPERTY DESCRIPTION FOR PROPOSED CART UNDERPASS The South 50.00 feet of the North 710.31 feet of the East 60.00 feet of Government Lot 1, Sec. 24, T. 115,R 23. also, The North 50.00 feet of the South 650.00 feet of the West 60.00 feet of the Southwest 'A of Sec. 19, T. 115, R 22. Scott Co., MN i, 7{ SEP-12-97 09:51 FROM KENNEDY 8 CRAVEN ID:6123379310 PACE 2/7 LIMITED USE AGREEMENT THIS LIMITED USE AGREEMENT ("Agreement") is made as of September 16, 1997 by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation ("City"), and THE PRESERVE AT STONEBROOKE, INC., A Minnesota Corporation ("User"). RECITALS A. The City is the owner of property known as O'Dowd Lake Park("Park Property"). B. The User is the owner of the Preserve Golf Course and the Stonebrooke Golf Course. C. The User desires to construct a tunnel under County Road 79 to allow golfers to use both golf courses without crossing County Road 79 at grade level. The User would like to construct a trail across the Park Property from the tunnel to Stonebrooke Golf Course. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of this Agreement,the City and the User agree that User may construct a tunnel under County Road 79 and a trail on the Park Property from the tunnel to Stonebrooke Golf Course, subject to the following conditions: (a) The construction of the tunnel and trail on the Park Property will be at User's sole cost and expense_ (b) The User shall be responsible for the maintenance of the tunnel and trail. (c) The User shall provide and post the necessary signs to insure safe usage of the tunnel and trail. (d) The User shall be responsible for preventing and correcting any erosion problems caused by water run-off from the tunnel or trail. (e) The User shall be responsible for providing adequate lighting at the tunnel's entrance. (1) The public shall have unrestricted access to and through the tunnel and trail. (g) The User shall obtain permission from Scott County to construct the tunnel. (h) The User shall construct the trail from the property line on the north side of the Park Property to the road entering into the Park Property which is located south of the tunnel. The portion of the trail on the north side of the tunnel shall have a minimum JJP129863 SH1SS-23 SEP-12-97 09;51 FROM:KENNEDY & GRAVEN 1D:6123379310 PAGE 3/7 width of 12 feet, and the portion of the trail on the south side of the tunnel shall have a minimum width of 8 feet. (i) The User shall be responsible for the regular maintenance and upkeep of the trail on the north side of the trail along County Road 79. (j) The public shall have full access and usage of the trial. (k) Golf carts shall be limited to using the 12 foot wide trail north of the tunnel along County Road 79. 2. Consideration. In consideration for the right to construct and maintain the trail and tunnel on the Park Property,the User has paid to the City one dollar(51.00)upon execution of this Agreement. 3. Construction, Maintenance, and Repair of trail and tunnel. The User shall construct the trail and tunnel in accordance with plans approved by the City. The User shall reasonably maintain and repair the trail and tunnel. The City shall have no responsibility for the maintenance or repair of the trail and tunnel. 4. Indemnification. The User, on behalf of itself and its employees, agents, or invitees,releases, indemnifies,and holds harmless the City from any and all claims for damages to the person or property of the User,including costs and attorney fees,arising from or by reason of the User's design,construction,maintenance,use,or removal of the trail and tunnel;provided, however, that nothing in this Agreement shall be construed to waive any rights that the City has against the developer under this Agreement. Nothing in this Agreement cell be construed as a waiver by the City of any immunities,defenses,or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 5. Encumbrances. At no time shall the User permit or suffer any liens or encumbrances to be placed against the Park Property. 6. Nonexdusivity. The User's use of the trail shall be nonexclusive. The City has the right to grant other persons the right to use the trail, and the User shall have no right to exclude the City or any other person from entry onto the trail at any time. 7. Administrative Costs. The User shall pay the City an annual administrative fee of$50.00. 8. Environmental warranty_ The User warrants that the Park Property will not be used for production, storage, deposit, or disposal of any toxic or hazardous waste or substance, petroleum product, or asbestos product during the term of this Agreement. 9. Termination. Subject to the parties rights of termination set forth below, this Agreement will remain in effect until September 16, 2037. JJT1298$3 2 SK15S-23 SEP-12-97 09:52 FROM KENNEDY 8. GRAVEN ID.6123379310 PAGE 4/7 • (a) The User may terminate this Agreement upon 90 days' written notice to the City. (b) The City may terminate this Agreement upon 30 days'written notice to the User if the User has breached any term of this Agreement and failed to cure such breach within 30 days of receiving written notice of the breach. (c) The City may terminate this Agreement upon 90 days' written notice to the User if: (i) The City, in its sole judgment, determines that a proposed use of the Park Property, by the City or others, is a more appropriate use of the Park Property and conflicts with or is impeded by the trail and tunnel; (ii) The City sells or otherwise conveys title to the Park Property, (iii) Either of User's golf courses ceases to be used or operated as a golf course. (d) Upon termination of this Agreement for any reason, and upon written request by the City,the User shall return the Park Property to the condition it was in prior to construction of the trail and tunnel, at the User's sole cost. 10. Assignability of Agreement. The User may assign its rights under this Agreement to any purchaser of the golf course, provided that such purchaser agrees in writing to accept the User's obligations and responsibilities under this Agreement by executing an assignment substantially in the form set forth at Exhibit A. User shall give the City 30 days' advance notice of any proposed sale or conveyance of either golf course, including a conveyance by operation of foreclosure or cancellation of the User's contract for deed. The City may assign its rights under this Agreement to any person at any time, subject only to the User's right to terminate this Agreement. 11. Insurance. User shall maintain at its expense at all times during the term of this Agreement policy or policies of public Iiability insurance with respect to the trail and tunnel,with limits of not less than$1,000,000 combined single limit. Such insurance policy chs11 be placed with companies qualified to do business in the State of Minnesota,provide for at least thirty(30) days prior written notice to the City before cancellation or amendment, name the City as an additional insured thereon, and current, endorsed copies thereof shall be provided to the City at all times during the term of this Agreement. 12. Miscellaneous Provisions. (a) Any titles of the several Paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. JSr129863 3 SHIES-23 SEP-12-97 09:52 FROM:KENNEDY & CRAVEN ID:6123379310 PACE 5/? • (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by first- class mail, postage prepaid, or delivered personally; and (i) in the case of the User, is addressed to or delivered personally to the User at ; and (ii) in the case of the City,is addressed to or delivered personally to the City at City of Shakopee, 129 Holmes Street South, Shakopee,MN 55379,Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between the User and the City and supersedes any other written or oral agreements between the parties. This Agreement can be modified only in a writing signed by the parties. (e) This Agreement is to be interpreted under the laws of the State of Minnesota. JJT129263 4 58155-23 SEP-12-97 09:53 FROM:KENNEDY & GRAVEN ID:6123379310 PACE 6/7 • IN WITNESS WHEREOF, User and City have executed this limited use agreement this day of , 1997. CITY OF SHAKOPEE By Its Mayor Its Administrator Its Clerk USER THE PRESERVE AT STONEBROOKE, INC., A Minnesota Corporation By Its JJT129$63 5 SMaSS-23 SEP-12-97 09: 53 FROM:KENNEDY & GRAVEN ID:6123379310 PAGE 7/7 • EXHIBIT A • ASSIGNMENT OF LIMITED USE AGREEMENT FOR VALUABLE CONSIDERATION, The Preserve at Stonebrooke, Inc.,A Minnesota Corporation("Assignor"),hereby assigns and transfers to ("Assignee"), all of Assignor's right, title, and interest in the Limited Use Agreement dated September 16, 1997, between Assignor and the City of Shakopee, Minnesota, and Assignee assumes Assignor's obligations thereunder. Dated: ("Assignee") B y And ASSIGNOR THE PRESERVE AT STONEBROOKE, INC., A Minnesota Corporation By Its =1.2,863 A-1 S11155-23 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Annual Salary Adjustment DATE: September 12, 1997 INTRODUCTION: The Council is asked to consider a salary adjustment for City Administrator Mark McNeill. BACKGROUND: An evaluation committee made up of Councilor Sweeney and Mayor Henderson met with me on September 11th to review performance during my first year as City Administrator for Shakopee. As part of that evaluation,there is also a decision of a salary adjustment. When the salary plan was adopted by the City Council earlier this year,the City Administrator position was not made part of that plan. This would so be that the Council would have greater flexibility,and not have that position tied to a set step and range system, or be affected by the collective bargaining process. I was hired at $70,525. After review, Mayor Henderson and Councilor Sweeney are recommending that a salary be set for the upcoming year at$72,900. This represents a 3.36% increase. However, given the fact that there is no set step increase, or annualized cost of living adjustment at the being of the year,they are comfortable with making this recommendation. That recommendation is satisfactory to me. I would ask that it be retroactive to July 22, my anniversary date. RECOMMENDATION: Mayor Henderson and Councilor Sweeney recommend that the salary for the City Administrator position be set at$72,900. If acceptable,this would be for the year starting July 22, 1997. ACTION REQUIRED: If the Council concurs, it should, by motion, approve a salary adjustment for the City Administrator to $72,900 effective July 22, 1997. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum / C TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Family and Medical Leave Act Policy DATE: August 21. 1997 INTRODUCTION: The Council is asked to consider modifications to the City's personnel policy,to incorporate changes necessitated by the Family and Medical Leave Act(FMLA). BACKGROUND: The FMLA was adopted in 1993 by Congress, it is applicable to all employers with more than 50 employees. The City's personnel policy has previously been modified to incorporate some of the changes,but there still remain some sections in conflict to other portions of the personnel policy which have not been adopted. Four major areas which have not been included, and should be are: • The employee's right to elect to use accrued paid leave for unpaid FMLA leave, and whether the employer will require the use of paid leave, and the conditions relating to using paid leave; • Any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments; • The employees potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and • Whether the employee qualifies as a key employee, and the circumstances under which the employee may not be restored to his or her job following leave. DISCUSSION: Staff has contacted other cities to see what policy they have adopted. The attached resolution incorporates language taken from the personnel policy of the City of Shoreview. For the first issue above, it would allow the employee to make his or her own decision in terms of how they wish to take their up to 12 weeks off- vacation, unpaid, sick leave, or a combination thereof. The FMLA policy also needs to incorporate a State law regarding "parenting leave". This requires up to six weeks of unpaid parental leave upon the birth or adoption of a child. Employees may choose to use accrued sick leave, vacation leave, or compensatory time, but are not required to do so. This is provided for in Section 4.F. contained herein. Regarding the second issue, an employee on FMLA may continue existing health care benefits if they so chose, and at the same level of City contribution as before the employee goes on leave. The employee would be required to continue payment of the employee portion. For potential liability of reimbursement of premiums, the employee would be required to reimburse the City for any premiums that it pays during the leave if the employee does not return to work for a minimum of 30 calendar days, subject to certain exceptions. For the fourth issue, a"key"employee is defined as a salaried employee who is in the highest 10% of all employees. The key employee may be denied reinstatement to the same or equivalent position after leave if the denial is necessary to prevent"substantial economic injury to the City's operation". There are some other housekeeping sorts of changes which are included in the attached resolution. Deletions from the City's current personnel policy are shown in strikeouts in the resolution; additions are underlined. RECOMMENDATION: We recommend that the attached FMLA policy be adopted, in resolution form, and be incorporated into the City's Personnel Policy. ACTION REQUIRED: If the Council concurs, it should, by motion, Mark McNeill City Administrator MM:tw RESOLUTION NO. 4736 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,AMENDING RESOLUTION NO. 4213 ,ADOPTING A PERSONNEL HANDBOOK, TO REVISE THE PROVISIONS RELATING TO FAMILY& MEDICAL LEAVES, PARENTING LEAVES AND UNPAID LEAVES. WHEREAS, on May 2, 1995,the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, the City is covered by provisions of the Family and Medical Leave Act(FMLA) and the Parental Leave Law; and WHEREAS,the City needs to adopt amendments to its leave policies to summarize and clarify policy entitlements as they specifically relate to City of Shakopee employees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended as follows: 1. By deleting Section IV BENEFITS,A. Eligibility and B. Insurance and replacing it with the following: IV. BENEFITS. A. Eligibility. All regular employees shall become eligible for and may receive certain benefits, as set forth below. An employee suspended without pay for more than one pay period, or on a left regular unpaid leave of absence out pay, shall not be eligible for any benefits and shall not be allowed to use any benefits other than group health insurance, life or long term disability insurance as provided for in the insurance policies. An employee on an unpaid sick leave of more than 10 hours must pay the leave-is-approved, Part-time employees who do not regularly work 25 hours or more per week and temporary employees are not eligible for City benefits other than the continuing education benefit. B. Insurance. Long term disability insurance is provided to all employees. Life insurance is provided to all employees after thirty (30) days of continuous service. Major medical and hospitalization insurance are offered to all qualified regular employees after thirty (30) days of continuous service. An employee may select individual, two-party, or family coverage. The City shall make a specified contribution per month toward the cost of the coverage, and this contribution may differ depending on the type of coverage selected. The difference between the actual cost of the selected coverage and the City's contribution shall be deducted from the employee's biweekly paycheck. For those employees selecting individual, two-party, or no coverage, the City may return to the employee some of the money saved by the City in not having to make its full contribution to family coverage. The City may choose to segregate retired employees from other employees for pooling purposes in determining the premium for insurance as allowed by state law. Part-time employees who regularly work 25 hours or more per week shall receive pro rata insurance benefits. Suspended employees and employees on a short leave of absence without pay shall receive insurance benefits as if they were not suspended or on leave. Employees on a leng regular unpaid leave of absence eut-pay shall receive insurance benefits in accordance with the insurance policy only if the employee pays the full cost of the insurance. Employees or dependents may elect to continue life, hospital or medical insurance coverage beyond the date that it would otherwise terminate as provided by federal or state law. 2. By deleting Section V. HOLIDAYS & LEAVES, D. Sick leave.Paragraph 4. Family&Medical Leave and replacing it with the following: 4. Family and Medical Leave. - . _ • • .., _• Y-.• _ . . - - • -_ _. _• - . Y . . • .. ..• ... . F dT A l e.,ve begi„ c. Certifications. Certification by the employee's physician may be -- •.. _. - „1_ - _. _ . . _ _ - -I - - • -.. d. Return to Work. An employee must restate the employee's intent _ .. ., _ - _. Y. _ _• - . _. .,, - . a. Purpose. The Family Medical Leave Act(FMLA)is intended to balance the demands of the workplace with the needs of families.to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended to benefit employees as well as employers by providing up to twelve(12)weeks of unpaid.job protected leave for the birth of a child,adoption.foster care and certain family and medical reasons. b. Eligible Employees. Eligible employees are those who have: 1. Been employed by the City of Shakopee for at least one year; and 2. Have worked a minimum of 1250 hours within the previous twelve(12)month period. c. Circumstances Covered by Family Leave. FMLA leave will be granted to an eligible employee for any of the following reasons: 1. To care for their child(birth. or placement for adoption or foster care with the employee): 2. To care for their spouse, son or daughter.or parent.who had a serious health condition:or 3. For a serious health condition that makes an employee unable to perform their job duties. d. Serious Health Condition. A serious health condition is defined as any illness,injury,impairment. or physical or mental condition that requires: 1. Inpatient care in a hospital.hospice or residential medical care facility: or 2. Prenatal care: or 3. Any period of incapacity requiring absence from work. school or other regular activities, of more than three calendar days.that also involves continuing treatment by,or under the supervision of. a health care provider: or 4. Continuing treatment by. or under the supervision of. a health care provider for a chronic or long-term condition that is incurable or so serious that. if not treated would likely result in a period of incapacity of more than three calendar days. e. Length of Leave. Family/Medical Leave shall be taken simultaneously with the Minnesota Parenting Leave. The length of FMLA leave is not to exceed twelve(12)weeks in any twelve(12) month period. The entitlement of FMLA leave for the birth or placement of a child expires twelve(12)months after the birth or placement of the child. f. Leave Year. The leave year will begin the first day the employee is absent from work on FMLA leave. g. Notice. Employees must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than 3 days,the employee should give as much notice as is practicable. h. Medical Certification. Employees must provide a medical certification if the employee will be using unpaid leave and the leave is for the serious health condition of a child, spouse,parent or the employee. A"Certificate of Physician of Practitioner"form can be obtained from the Payroll/Benefits Coordinator. It is to be completed by the attending physician or practitioner. A"Certificate of Physician or Practitioner"is not required if the employee will be using paid leave for the duration of the FMLA leave, or the employee is on workers' compensation. The City may require a second or third medical opinion at the City's expense. Use of Accrued Sick Leave,Vacation Leave& Compensatory Time. Employees may choose to use accrued sick leave,vacation leave and/or compensatory time while on FMLA leave,but will not be required to do so by the City. The use of sick leave,vacation leave and/or compensatory time occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. Use of approved FMLA leave-whether paid or unpaid-will not constitute a break in service for purposes of computing years of service. j. Both Spouses Employed by City.When both spouses are employees of the city.each spouse may take up to 12 weeks of FMLA leave per leave year. The leave may run simultaneously. k. Insurance Continuation. During a period that an eligible employee takes leave under this Section.the City shall maintain coverage under the City's group health plan for not more than a total of 12 weeks . These benefits will be maintained under the same conditions. and at the same level of City contribution,as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave,those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health care and/or other insurance coverages they choose to continue. During such time as FMLA leave is paid, the City of Shakopee will continue to collect the employee's share of the premium through payroll deductions. The employee may choose not to retain health care or other insurance coverages during FMLA leave. When the employee returns from leave,they will be reinstated on the same terms as prior to taking leave,without any qualifying period.physical examination, exclusion of preexisting conditions.or other requirement. 1. Premium Reimbursement. The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work for a minimum of 30 calendars days.unless the employee cannot return to work due to the continuation of a serious health condition of the child. spouse.parent or employee,or due to other circumstances beyond the control of the employee. m. Status of Benefits. The employee will not accrue benefits such as vacation and sick leave while on unpaid FMLA leave. Employees using a combination of paid and unpaid leave,or intermittent unpaid leave,will accrue benefits on a pro-rated basis. Employees using paid leave will continue to accrue benefits. n. Key Employees/Return to Work. A key employee is defined as a salaried employee who is in the highest 10%of all employees. Key employees may be denied reinstatement to the same or an equivalent position after a leave if the denial is necessary to prevent substantial economic injury to the City's operations. o. Intermittent Leave. Leave may be taken intermittently or on a reduced schedule if medically necessary. If not medically necessary, department head and City Administrator approval is required. The City may require the employee to transfer to an alternative position of like status and pay while on intermittent leave. If leave is taken intermittently,it will not effect the status of an exempt employee under the Fair Labor Standards Act. All requests for intermittent leave will be evaluated on a case-by-case basis. p. Return to Work. An employee returning to work from FMLA leave is.entitled to the same position he/she held when the leave began.or to an equivalent position.with equivalent benefits,pay and other terms and conditions of employment. The employee will be required to submit a fitness for duty report prior to returning to work if FMLA leave was for the employee's own serious health condition. q. Affect on the Unpaid Leave of Absence Policy. This policy is not intended to conflict with the City's Unpaid Leave of Absence policy. That policy will continue to apply in situations which are not addressed by the FMLA. r. When Policies Conflict. Where provisions of other city policies are in conflict with the Family Medical Leave Act,those policies which are most beneficial to the employee will apply. s. General Summary. This policy is to be a general summary of the law. Each situation will be evaluated on a case-by-case basis. 3. By deleting Section V. HOLIDAYS & LEAVES, F. Parenting Leaves, Paragraph 1. Birth or Adoptive Leaves and replacing it with the following: F. Parenting Leaves. 1. Birth or Adoptive Leave. As prescribed by Minn. Stat. Sec. 181.910 181.911, and 29 U.S.C.A. Sec. 2611 et seq.,certain employees are eligible to take an unpaid 1. Birth or Adoptive Leave Policy. As prescribed by Minn. Stat. Sec 181.940 - 181.944 certain employees are provided with up to six(6)weeks of unpaid parental leave upon the birth or adoption of a child. a. Eligible Employees. Eligible employees are those who have: 1. Been employed by the City of Shakopee for at least one year; and 2. Have worked an average of 20 hours or more per week. b. Notice. Employees must give the City at least 30 days advance notice if the leave is foreseeable. If leave must be taken in less than three(3)days.the employee should give as much notice as is practicable. c. Start of Leave. The leave begins at the time requested by the employee and may not begin more than six weeks after the birth or adoption. In cases where the child must remain in the hospital longer than the mother,the leave may not begin more than six weeks after the child leaves the hospital. d. Length of Leave. The length of leave is determined by the employee,but may not exceed six(6)weeks. If the employee has any FMLA Leave eligibility remaining at the time this commences.this leave will also count toward FMLA Leave. The two leaves will run concurrently until the 12 week FMLA eligibility is exhausted. e. Use of Accrued Sick leave,Vacation Leave&/or Compensatory Time. Employees may choose to use accrued sick leave,vacation leave or compensatory time while on Parenting Leave,but are not required to do so. The use of accrued sick-vacation and/or compensatory time occurs simultaneously with Parenting Leave and Family Medical Leave Act (FMLA)leave and does not extend the length of the Parenting or FMLA leaves(See Section V. D.4 in this handbook for further information on FMLA.) f. Insurance Continuation. Employees on Parenting Leave may choose to continue existing health care benefits at their own expense.unless the leave also qualifies as FMLA leave. In which case,the provisions of the FMLA policy will apply. g. Status of Benefits. Employees will not accrue benefits such as sick and vacation leave while on unpaid Parenting Leave. Employees using a combination of paid and unpaid leave will accrue benefits on a pro-rated basis. Employees using paid leave will continue to accrue benefits. h. Return to Work. Employees returning from Parenting Leave will reinstated to their same position or an equivalent position of comparable duties,number of hours and pay. Impact of Family Medical Leave Act(FMLA). In most cases the Family Medical Leave Act(FMLA)policy will be applied to employees at the time of a birth or adoption because the provisions of FMLA are more beneficial to the employee. However,employees working between 20-24 hours per week are not eligible for FMLA and are eligible for Parenting Leave. In addition.employees who have already used their twelve(12)week allotment under FMLA.would be entitled to parenting Leave for the birth of adoption of a child. 4. By deleting Section V. HOLIDAYS &LEAVES, J. Leaves Without Pay, Paragraph 2. Long Leave and replacing it with the following: 2. Long-Leave.Regular Unpaid Leave of Absence. The City Administrator may grant an unpaid leave of absence to any regular employee upon written request . . . . - - -- • - . ,. for a period not exceeding 90 days for career advancement, or for personal or family situations. Under no circumstances may an employee use a leave of absence to work for another employer or to pursue self-employment. Prior to requesting a leave under this section.an employee must first exhaust all available paid leave. The employee must request a leave of absence in writing and forward it to their immediate supervisor,who will then direct the request to the department head or the City Administrator with the supervisors/department head's recommendation. An unpaid leave of absence requires the advance written approval of the City Administrator. The City Council may extend such leave to a maximum period of one year if the employee is disabled or where the City Council finds extraordinary circumstances warrant such extension. : :: _ _ - . . __ absence- eut-pa Benefits including vacation leave, sick leave,holidays or other forms of indirect compensation will not accrue during an unpaid leave of absence. • - , - __ _ . .. . _. - • _. _ . . . _ _- - . . . _ , _ , _ _ , - t. _ ' _ . The employee may continue to be covered by group health. life and disability insurance,but will be responsible for paying one hundred percent(100%)of the premium costs. During the first calendar month.the employee will be responsible for paying the pro-rated portion of their monthly insurance premiums for the days they are on unpaid leave. Subsequent payments are due to the City by the 15th of each month. Note: The sttieken language is deleted;the underlined language is inserted. Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney CONSENT CITY OF SHAKOPEE I Y. Memorandum 4/, TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker License - DRM LLC of Shakopee DATE: September 8, 1997 INTRODUCTION & BACKGROUND On April 19, 1994, the City Council adopted an ordinance requiring the licensing of pawnbrokers, precious metal dealers, secondhand dealers, pawnshops, and their employees. The City has received a application from DRM LLC of Shakopee for a license. DRM LLC of Shakopee is a new corporation consisting of Daryl Shiber, Robert Hartshorn Jr. , and Mark Pearson. DRM LLC of Shakopee desires to purchase American Pawn Brokers at 450 West 1st Avenue. They have completed the application for a license and the customary background investigation has been conducted. The Chief of Police has advised that his investigation disclosed nothing to preclude issuing the license as requested; a copy of his memo is attached. ALTERNATIVES: 1. Approve license 2 . Deny license 3 . Table application for additional information RECOMMENDATION: Staff recommends Alternative #1. RECOMMENDED ACTION: 1. Approve the application and grant a Pawnshop License to DRM LLC of Shakopee dba American Pawn Brokers, 450 West 1st Avenue. 2 . Approve the application and grant a Pawn Broker, Precious Metal Dealer and Secondhand Dealer's License to Daryl Harry Shiber, Robert Charles Hartshorn Jr. , and Mark Andrew Pearson, DRM LLC of Shakopee dba American Pawn Brokers, 450 West 1st Avenue.J0 • th S. Cox, City Clerk Sep-05-97 01 :42P SHAKOPEE POLICE 612 445 2313 P-02 CITY OF SHAKOPEE Memoraigiwn TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Background Investigation DATE: September 5, 1997 Detective Forberg conducted a background investigation into the pawn shop license application submitted by Daryl Harry Shiber, Robert Charles Hartshorn Jr. and Mark Andrew Pearson. His investigation disclosed nothing to preclude issuing the license as requested. CONSENT CITY OF SHAKOPEE -4 Memorandum Es" TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: First November Meeting -Date Change DATE: September 9, 1997 INTRODUCTION: The Council is asked to consider a date in which to have the first regular City Council meeting in November. BACKGROUND: The first regular meeting of November would normally be Tuesday,November 4th. However, that is also the day of the City election, and, by State Law, Council would be prohibited from meeting prior to 8:00 PM on that day. In addition, by State Law the Council must meet within two days of the election to canvass results. Therefore,there is some merit in delaying the first meeting to either Wednesday, November 5th, or Thursday,November 6th. RECOMMENDATION: While it would conflict with a Cable Television meeting normally scheduled for that time, we recommend designating the first meeting in November to be Wednesday,November 5th. (The first Thursday would conflicts with the Planning Commission.) ACTION REQUIRED: If the Council concurs, it should, by motion, adopt Resolution No. 4737 changing the November 4, 1997 Council meeting to Wednesday,November 5, 1997, and move its adoption. The meeting would begin at 7:00 PM. Mark McNeill City Administrator MM:tw RESOLUTION NO. 4737 A RESOLUTION CHANGING THE NOVEMBER 4, 1997 COUNCIL MEETING DATE WHEREAS,the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS,the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the November 4, 1997 regularly scheduled City Council meeting be changed to November 5, 1997 at 7:00 p.m. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 16th day of September, 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT I Y. E. MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Exemption from Lawful Gambling License - Shakopee Chamber of Commerce DATE: September 11, 1997 INTRODUCTION AND BACKGROUND: The City has been asked to waive the 30 day review in conjunction with an application from the Shakopee Chamber of Commerce for an exemption from the lawful gambling license. The 30 day review period, afforded municipalities by the Gambling Control Commission, begins the day the application is signed by the City. (This 30 day period gives a municipality an opportunity to advise the Commission if the municipality desires the activity to be prohibited. ) The Chamber of Commerce will be conducting a raffle during their annual Gala on October 23, 1997. Their application was presented to the city clerk for execution on September 11, 1997. The City Council is being asked to waive the 30 day review period in order that their exemption application may be considered by the Commission as soon as possible so that they can begin selling raffle tickets. Proceeds from the gambling activities will be spent within the City' s trade area, in compliance with the City Code. RECOMMENDED ACTION: Move to waive the 30 day review period for the application for exemption from lawful gambling license by the Shakopee Chamber of Commerce for a raffle on October 23, 1997, at Best Western Canterbury Inn, 1244 Canterbury Road, Shakopee, Minnesota. 4110 WDIA Clerk