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HomeMy WebLinkAbout04-08-13 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday , April 8 , 201 3 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16 ) City Council: Mayor Reinert , C ouncil Members O’Donnell , Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson CITY C OUNCIL MEETING, 6:30 P.M.  Call to Order – 6:30 p.m.  Roll Call - Council Members Stoesz, Roeser & Rafferty, and Acting Mayor O’Donnell were present; Mayor Reinert was absent  Pledge of Allegiance  Open Mike / Public Comment none  Setting the Agenda: Additio n or deletion of agenda items The agenda was amended to remove Item 6A. 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 8 , 20 13 (Check No. 95379 through 95465 in the amount of $125,237.07 ; B) Consider approval of March 25, 2013 Work Session Minutes C) Consider approval of March 25 , 2013 Council Meeting Minute s D) Consider Resolution No. 13 -41, Peddler License for Elite Home Services of MN, Inc., Lisa Hogstad -Osterhues E) Consider Tavern on Main P atio E xpansion, Lisa Hogstad -Osterhues Action Ta ken: Motion by Rafferty, seconded by Stoesz , to approve the Co nsent Agenda, Items 1A through 1D as presented, was adopted 2. FINANCE DEPARTMENT No Report 3. ADMINISTRATION DEPARTMENT A) Consideration of Resolution No. 13 -41, Establishing the 2013 Com pensation Plan for Non -Union Employees, Jeff Karlson Action Taken: Motion by Roeser, seconded by Rafferty , to approve Resolution No. 13 -41 as presented, was adopted Council Agenda -2 - April 8, 2013 EXPANDED AGENDA B) Consideration of Resolution No. 13 -42, Resolution Supporting Street Improvement Legis lation, Jeff Karlson Action Taken: Motion by Roeser, seconded by Rafferty , to approve Resolution No. 13 -42 as presented, was adopted 4. P UBLIC SAFETY DEPARTMENT No Report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Cons ideration of Resolution No. 13 -38 , Approving an Amended Civic Complex Lease Agreement, Mary Alice Divine Item pulled from agenda 7. UN FINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Roeser , to adjourn at 6:43 , was adopted Following adjournment of the regular meeting, the council will reconvene to a closed session to discuss assessment mediation Closed meeting cancelled Community Calendar – A Look Ahead April 8 , 201 3 through April 22 , 20 1 3 Wednesday, April 10 6:30 pm, Council Chambers Planning & Zoning Thursday, April 11 6:30 pm , Community Room Charter Commission Monday, April 22 5:30 pm, Community Room Council Work Session Monday, April 22 6:00 pm, Council Chambers Board of Appeal Monday, April 22 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION March 25, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : March 25, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : N one 9 10 11 Staff members present: City Administrator Jeff Karlson; Community Development 12 Director Michael Grochala; Public Safety Director John Swenson; Economic 13 Development Coordi nator Mary Alice Divine; City Planner Katie Larsen; City Engineer 14 Jason Wedel; City Clerk Julie Bartell 15 16 2. Review Regular Council Agenda of March 25, 2013 – The agenda was 17 reviewed and summarized comments follow. 18 19 Item 3A, Two -Year Labor Agreement with IUOE Local 49 – Administrator Karlson 20 reviewed the terms of the proposed agreement covering 2012 and 2013. Council Member 21 O’Donnell urged staff to begin negotiating t he 2014 agreements early so they can be in 22 place at the beginning of the year they cover. When the mayor suggested holding off on 23 this agreement so as to include 2014, Administrator Karlson recommended against 24 holding up this agreement. Council Member Roeser indicated that he still has questions 25 about providing cash for a waiver on health in surance; that is a practice not seen in the 26 private market. Administrator Karlson explained that the waiver amount was awarded as 27 part of the arbitration in this case but it doesn’t necessarily affect the future. 28 29 When the mayor suggested that the coun cil have a conversation about the process for 30 labor agreements with an understanding that they’d like to have them in place for budget 31 consideration, Administrator Karlson stated that he’s like to include a discussion of the 32 Public Employees Labor Relation s Act (PELRA) in an upcoming priority setting session. 33 Council Member Roeser noted that employees should be aware of how their union 34 represents them in negotiations and that delayed agreements can result in less value 35 (inflation) in wage increase. 36 37 Item 6 A, Resolution No. 13 -36, Execution of Anoka County Agreement for 2013 38 Residential Recycling Program – Community Development Director Grochala reviewed 39 the terms of proposed contract and added that staff is hopeful of getting some extra 40 funding based on in creased tonnage (the now monthly recycling day in the city has helped 41 a lot). 42 43 1. Outdoor Storage in Industrial Zones - Mayor Reinert announced that he and 44 Council Member Roeser agreed to add this discussion. There is an industrial property in 45 CITY COUNCIL WORK SESSION March 25, 2013 DRAFT 2 the ci ty that is of interest to Lorenz Bus Company but there could be an issue for them 46 with bus parking. Community Development Director Grochala explained that staff has 47 met with t he property owner who indicates that the bus company is interested in taking 48 over t he site, including storage of 20 -40 buses, with the future possibility of moving the 49 company to the site. He noted that the council recently amended the zoning ordinance to 50 allow limited outdoor storage. There is an issue with some vacated land there al so. Mr. 51 Grochala suggested that if the council were to amend the zoning regulations, it would 52 probably require a conditional use permit and he isn’t sure that would be acceptable to the 53 interested party . He added his concern about allowing a conditional use that would no 54 doubt become a permanent heavy industrial use. Mayor Reinert remarked that it is 55 somewhat obvious that the current use won’t continue so, if not the proposed use, what i s 56 the vision for use of the facility ? Mr. Grochala explained that t he location is guided for 57 industrial use but the kind that is there now (manufacturing) that is more compatible with 58 the area (schools and residential). 59 60 The owner of the property addressed the council. He is losing the property to foreclosure 61 and if th e council eliminates the possibility of use, the value becomes zero. Mayor 62 Reinert suggested that the council should have a broad discussion on outdoor storage and 63 include this property in the discussion. Council Member Roeser suggested that if it’s 64 done right outdoor storage can work; the building could actually become a vacant blight if 65 it isn’t usable. 66 67 The council concurred to extend the city’s cease and desist order pending a council 68 discussion within the next 60 days. 69 70 The meeting was adjourned a t 6:25 p.m. 71 72 These minutes were considered, corrected and approved at the regular Council meeting held on 73 April 8, 2013 . 74 75 76 77 78 Julianne Bartell, City Clerk Jeff Reinert , Mayor 79 80 COUNCIL MINUTES March 25, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : March 25, 2013 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:10 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty, 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff m embers present: City Administrator Jeff Karlson; Community Development Director Mi chael 12 Grochala; City Planner Katie Larsen; City Engineer Jason Wedel; Environmental Coordinator Marty 13 Asleson; Chief of Police John Swenson; and City Clerk Julie Bartell 14 15 PU BLIC COMMENT 16 17 James Langford, 7849 Main Street, thanked the council for their role in the recently approved trail 18 improvements in the area of his home. He also thanked the council for their good work in the area of 19 city budgeting. 20 21 SETTING THE AGENDA 22 23 The agenda was approved as presented. 24 25 CONSENT AGENDA 26 27 Council Member O’Donnell moved to approve the Consent Agenda, Items 1A through 1D, as 28 presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 29 30 ITEM ACTION 31 32 Consideration of Expenditures: 33 34 March 25, 2013 (Check No. 95307 – 35 95378, $204,783.55) Approved 36 37 Centennial Fire District (Check No. 5720 - 38 5742, $23,835.67) Approved 39 40 March 4, 2013 Work Session Minutes Approved 41 42 March 11, 2013 Council Meeting Minutes Approved 43 44 Charter Commission Expenses for Secretarial Services Approved 45 COUNCIL MINUTES March 25, 2013 DRAFT 2 Council Member Roeser, regarding Item 1D (Charter Commission expenses) noted that he agrees 46 with the city paying for these services. He would like to ensure that the added expenses are clearly 47 shown as an increase in their budget. 48 49 Mayor Reinert explained that the council has concurred that the city will pay for minute services for 50 two meetings of the commission and that the cost for that will be in addition to the $1,500 th at the 51 commission receives annually . 52 53 FINANCE DEPARTMENT REPORT 54 55 There was no report from the Finance Department. 56 57 ADMINISTRATION DEPARTMENT REPORT 58 59 3A) Two -Year Labor Agreement with IUOE Local 49 – Administrator Karlson reviewed the 60 terms of the agreeme nt, noting that those terms are identical to what the police officers received for 61 the same period. Wages would increase by one percent for 2012 and one and half percent for 2013. It 62 includes a Memorandum of Understanding regarding implementation of a vo luntary Personal Time 63 Off (PTO) program. Council Member Roeser noted that retroactive pay caused by the union’s slow 64 negotiation process reduces the value of those funds to employees (through inflation). 65 66 Council Member O’Donnell moved to approve the agre ement as presented. Council Member 67 Rafferty seconded the motion. Motion carried on a voice vote; Council Member Roeser voted “no”. 68 69 PUBLIC SAFETY DEPARTMENT REPORT 70 71 There was no report from the Public Safety Department. 72 73 PUBLIC SERVICES DEPARTMENT REPORT 74 75 There was no report from the Public Services Department. 76 77 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 78 79 6A) Resolution No. 13-36, Execution of Anoka County Agreement for 2013 Residential 80 Recycling Program – Environmental Coordinator Asleson explained that ea ch year the city runs its 81 recycling program through this County program. It allows for reimbursement of costs for certain 82 elements of the program. The total amount requested for reimbursement in 2013 is approximately 83 $74,000. Council Member Roeser complimented staff for doing a good job in improving the 84 recycling program. Mr. Roeser asked if the city is participating in any water conservation efforts and 85 Mr. Asleson noted a well-head protection group that meets regularly. 86 87 Council Member Roeser moved to approve Resolution No. 13-36 as presented. Council Member 88 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 89 90 COUNCIL MINUTES March 25, 2013 DRAFT 3 6B) Resolution No. 13-27, Development Agreement for Forest View Acres 2 nd Addition – 91 Community Development Director Groch ala reported that this development agreement has been 92 negotiated with the developer and includes appropriate consideration cost s to the city’s agreement. It 93 includes conditions of approval for the development. 94 95 Council Member Roeser moved to approve Resolution No. 13-27 as presented. Council Member 96 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 97 98 6C) Resolution No. 13-35, Plans and Specifications for the 2013 Street Seal Coat Project – City 99 Engineer Wedel explained that as pa rt of the city’s pavement management process originating in 100 2005, a seal coat project is undertaken in the city each year. The area to be completed this year was 101 reviewed. This year’s project is approximately $50,000, less than in recent years but more will be 102 spent on overlay. He reviewed the project schedule and noted that the city may combine projects with 103 the City of Circle Pines to try and get a better price for a small project. Council Member Stoesz 104 asked if there is a striping element and Mr. W edel said that process is normally done separately but 105 showed on a map a small area that would be striped. 106 107 Council Member Rafferty moved to approve Resolution No. 13-35 as presented. Council Member 108 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 109 110 6D) Resolution No. 13-34, Preparation of Plans and Specifications for the 2013 Street Overlay 111 Project – City Engineer Wedel showed the project area on a map. The work is based on street 112 ratings and an ultimate ranking. The schedule is identical to the previously considered seal coat 113 project. 114 115 The mayor asked Mr. Wedel to speak briefly about the city’s pavement program. He explained that 116 mill and overlay is a limited paving operation that includes removal of the top layer and re placement 117 wh ere there is good sub-base; existing curb is normally left in place. Mr. Wedel added that there is 118 one gravel road (74 th Street) included and staff is checking with the adjacent property owners to see if 119 they are interested in getting the road pave d while work is being done in the area. 120 121 Council Member Roeser moved to approve Resolution No. 13-34 as presented. Council Member 122 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 123 124 6E) Resolution No. 13-37, Construction Services Contract for the Otter Lake Road Extension 125 Project – Community Development Director Grochala noted that the construction contract for the 126 project was previously awarded and WSB will be providing construction services for the project. 127 Staff is recommending that the council authorize execution of this contract for those services. 128 129 Council Member Roeser moved to approve Resolution No. 13-37 as presented. Council Member 130 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 131 132 UNFINISHED BUSINESS 133 134 There was no Unfinished Business 135 COUNCIL MINUTES March 25, 2013 DRAFT 4 136 NEW BUSINESS 137 138 There was no New Business. 139 140 COMMUNITY EVENTS 141 142 CHAIN OF LAKES ROTARY CLUB 2 ND Annual “Chain of Giving” Fundraising Event, Saturday, 143 April 6 at 6:00 p.m. social hour, 7 p.m. dinner, at St. Joseph’s Parish. Providing scholarships to kids 144 attending YMCA Camp Heritage. 145 146 RICE LAKE ELEMENTARY will host their annual carnival and silent auction on April 7, 2013 . 147 148 COMMUNITY CALENDAR 149 150 Community Calendar – A Look Ahead 151 March 25 , 2013 through April 8, 2013 152 Wednesday, March 27 6:30 pm, Council Chambers Environmental Board 153 Monday, April 1 5:30 pm, Community Room Council Work Session 154 Thursday, April 4 8:00 am, Community Room EDAC 155 Monday, April 8 6:30 pm, Council Chambers City Council Meeting 156 157 ADJOURN 158 159 There bei ng no further business, Council Member Rafferty moved to adjourn at 7:05 p.m. Council 160 Member Stoesz seconded the motion. Motion carried unanimously. 161 162 These minutes were considered and approved at the regular Council Meeting, April 8, 2013. 163 164 165 166 167 Julianne Bartell, City Clerk Jeff Reinert , Mayor 168 169 CITY COUNCIL AGENDA ITEM 1 D STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy City Clerk MEETING DATE: April 8 , 201 3 TOPIC: Resolution No. 1 3 -4 0 , Approving a Peddler License for Elite Home Services of MN, Inc. VOTE REQUIRED: 3/5 BACKGROUND A representative from Elite Home Services of MN, Inc., 217 Old Highway 8 SW, New Brighton, has submitted a peddle r’s license application to the C ity C lerk's office. The company representative s who would be working in Lino Lakes are Mr. Christopher Bromen and Mr. Adam Wheeler. They p lan to travel through the Lino Lakes’ neighborhoods going door to d oor offering free estimates on possible weather damage and window restoration. The City has received all the necessary forms required to issue this company a license and indicates no reason to deny the application. The application and all other required information is on file in the C ity C lerk's office for review. RECOMMENDATION Approve Resolution No. 13 -4 0 , A pproving the issuance of a Peddler License for a si x month period commencing April 8 , 201 3 . Council Member ___________________ introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 13 -4 0 APPROVING A PEDDLER LICENSE FOR ELITE HOME SERVICES OF MN, INC. WHEREAS, E l ite Home Services of MN, Inc. has submitted a peddlers license application to the city clerk's office; and WHEREAS, Elite Home Services of MN, Inc. has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necess ary license for a for -profit business; and WHEREAS, the Lino Lakes Police Department is conduct ing a background check on the company representative s that would be working in Lino Lakes, Mr. Christopher Bromen and Mr. Adam Wheeler ; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Elite Home Services of MN, Inc. to sell ser v ic es door to door for a period of six - months beginning April 8th , 2013 and ending October 8 th , 2013. Adopted by the Council of the City o f Lino Lakes this 8th day of April , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert , Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: April 8, 201 3 TOPIC : Approv e Ex p ansion of Outdoor Patio Located at 8001 Lake Drive, Tavern on Main VOTE REQUIRED: 3/5 INTRODUCTION Mr . Chad Wagner, owner of Tavern on Main , 8001 Lake Drive, is requesting a premise change to his current liquor license to expand the patio service area located on the west side of the building to the north. BACKGROUND Mr. Wagner has contacted the City for approval to expand the current outdoor seating area by 17 ’ to the north of current patio. Staff has contacted the Minnesota Alcohol & Gambling Division and been advised that the statue only requires that an outdoor serving area be contiguous to the main building. There are no requirements on fencing and therefore no restrictions. Mr. Wagner must follow all building and fire codes to comply with the expansion of the patio and be covered by liability insurance. RECOMMENDATION Authoriz e the expansion of the outdoor patio located 8001 Lake Drive, Tavern on Main. ATTACHMENT 1. Drawing of proposed patio addition. 2. Aerial of property. CITY COUNCIL AGENDA ITEM 3A STAFF ORIG INATOR: Jeff Karlson MEETING DATE: April 8, 2013 TOPIC: Non -Union Compensation VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider a resolution establishing the 2013 compensation plan for non-union employees. BACKGROUND The non -union employees include the city administrator, department directors, police captains, and city clerk. These positions have not had a salary adjustment since 2009. The 2013 compensation plan includes a 2 % salary adjustment, which would be retroactive to January 1, 2013, with the exception of the city administrator, who received a step increase last August. All non -union employees have had a performance apprais al within the last year with ratings that met expectations or exceeded expectations based on the established criteria. RECOMMENDATION Approve Resolution No. 13 -41, establishing the 2013 compensation plan for non -union employees, effective January 1, 201 3. ATTACHMENTS Resolution No. 13-41 CITY OF LINO LAKES RESOLUTION NO. 13-41 RESOLUTION ESTABLISHING 2013 COMPENSATION PLAN FOR NON -UNION EMPLOYEES WHEREAS , Section 207.04 of the Code of Ordinances requires the City Administrator to establish and maintain a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council; and WHEREAS , this plan is in compliance with Minnesota Statute 471, which is referred to as the Pay Equity Law; and WHEREAS , the compensation plan for non-union employees was re vised to include a two percent (2 %) wage increase retroactive to January 1, 2013. NOW, THEREFORE , BE IT RESOLVED by the City Council of The City of Lino Lakes that the following salary schedule by adopted. City of Lino Lakes 2013 Compensation Plan Effect ive January 1, 2013 Position Minimum Monthly Step 2 Step 3 Step 4 Step 5 Maximum Monthly City Administrator 8,617 9,048 9,479 9,909 10,340 10,771 Public Safety Director 7,510 7,885 8,261 8,636 9,012 9,387 Finance Director 7,264 7,627 7,990 8,353 8 ,716 9,080 Public Serv. Director 7,041 7,393 7,745 8,097 8,449 8,801 Comm. Dev. Director 6,797 7,102 7,476 7,816 8,156 8,496 Police Captain 6,209 6,519 6,830 7,140 7,451 7,761 City Clerk 4,674 4,907 5,141 5,375 5 ,608 5,842 Adopted by the Lino Lakes City Council this 8th day of April 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member ________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________________ Jeff Reinert , Mayor ATTEST: ______________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3B STAFF ORIG INATOR: Jeff Karlson MEETING DATE: April 8, 2013 TOPIC: Resolution Supporting Street Improvement Legislation VOTE REQUIRED: 3/5 INTRODUCTION The Council is bein g asked to consider the adoption of a R esolution No. 13 -42, supporting legislation establishing municipal street improvement districts. BACKGROUND There is currently state legislation being proposed that would allow cities to create street improvement di stricts. This authority would allow cities to collect fees from property owners within a district to fund municipal street maintenance, construction, and reconstruction. It is modeled after Minn. Stat. 435.44, which allows cities to establish sidewalk im provement districts. This authority would establish a clear relationship between who pays fees and where projects occur. Fees would also be deductible just as property taxes are. If enacted, this legislation would provide cities with an additional tool to build and maintain city streets. Property owners would fund expensive projects by paying relatively small fees over time. The proposal at the Legislature is enabling legislation, which means cities can decide whether or not to use this type of funding mechanism. Existing funding mechanisms for street maintenance and reconstruction are inadequate. Special assessments can be onerous to property owners and are difficult to implement, which is especially true in Lino Lakes. Timely maintenance is essen tial to preserving streets and thereby protecting taxpayer investments. If the Council elects to approve this resolution, staff would send a letter of support from the M ayor to the League of Minnesota Cities, which would be presented to legislators during the testimony for this proposed legislation. RECOMMENDATION Adopt Resolution No. 13 -42 , supporting legislation authorizing the establishment of municipal street improvement districts. ATTACHMENTS Resolution No. 13 -42 CITY OF LINO LAKES RESOLUTION NO. 13 -42 A RESOLUTION SU PPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS WHEREAS, Minnesota contains over 135,000 miles of roadway and over 19,000 miles are owned and maintained b y Minnesota’s 853 cities; and WHEREAS, 84 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), propert y taxes and special assess ments , have limited applications, leaving cities under -eq uipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age , the City is not spending enough on roadway capital improvements to maintain a 50 -year lifecycle; and WH EREAS, for every one dollar spent on maintenance, the City saves seven dollars in repairs; and WHEREAS, the Lino Lake City Council finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance pr ograms; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for municipal street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes supports enabling legislation that would authorize cities to establish street improvement districts to fund municipal street maintenance, construction and reconstruction . ADOPTED by the City Council of the City of Lino Lakes this 8th day of April 2013 . The motion fo r the adoption of the foregoing resolution was introduced by Council Member _______________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ___________________________________ Jeff Reinert, Mayor ATTEST: ____________________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6 -A STAFF ORIG INATOR: Mary Alice Divine MEETING DATE: April 8, 2013 TOPIC: Co nsideration of Resolution No. 13 -38 , Approving an Amended City Council Lease Agreement VOTE REQUIRED: 3/5 INTRODUCTION On March 11, 2013 the City Council approved a lease agreement wi th Veritas Academy for 9,635 sq. ft. in the former ECFE facility, which was signed by the tenant. The tenant is requesting an amendment to the lease to take approximately one -third of the space for the school year 2013 -2014, with the intent of taking the entire space in the 2014 -2015 school year. BACKGROUND The lease agreement would be amended as follows: Months Net Rent RSF RSF Per Period Net Rent Monthly Net Rent CAM RSF Gross Rent Gross Rent Per Period Gross Rent Monthly 1 to 12 $2.50 3,851 $9,627.50 $1,604.58 $3.00 $5.50 $21,180.50 $1,765.04 13 to 24 $7.00 9,635 $67,445.00 $5,620.42 $3.00 $10.00 $96,350.00 $8,029.17 25 to 36 $7.50 9,635 $72,262.50 $6,021.88 $3.00 $10.50 $101,167.50 $8,430.63 37 to 48 $7.75 9,635 $74,671.25 $6,222.60 $3.00 $10.75 $103,576.25 $8,631.35 49 to 60 $8.00 9,635 $77,080.00 $6,423.33 $3.00 $11.00 $105,985.00 $8,832.08 61 to 72 $8.25 9,635 $79,488.75 $6,624.06 $3.00 $11.25 $108,393.75 $9,032.81 In addition, t he lease agree ment will require a $5,000 security deposit due at execution of the lease that is non -refundable unless the tenant completes the full term of the lease. The tenant is asked to provide further i nformati on regarding its formation of a board of directors, its marketing plan, and updates twice monthly until July 1, 2013 regarding recruiting and fundraising efforts. The C ity will h ave the option of terminating the lease if these goals are not met. RECOMMEN DATION Approve Resolution No. 13 -38 Approving the Amended Civic Complex Lease Agreement ATTACHMENTS 1. Resolution No. 13 -38 CITY OF LINO LAKES RESOLUTION NO. 13 -38 RESOLUTION APPROVING AMENDED CIVIC COMPLEX LEASE AGREEMENT WHEREAS , the City Council of the City of Lino Lakes determined to lease the portion of the Lino Lakes Civic Complex formerly occupied by the Centennial E a rly Childhood Education program (the “Facility ”), and ; WHER E AS, Veritas Academy, a new private, not -for -profit school has expressed its interest in leasing a portion of the Facility for its location, and; WHEREAS, The City Council approved a Lease Agree ment with Veritas Academy on March 11, 2013, and; WHEREAS, Veritas Academy signed the approved Lease Agreement on March 12, 2013, and; WHEREAS, Veritas has requested a revised Lease Agreement with new terms and conditions . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes approves the Amended Civic Complex Lease Agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City o f Lino Lakes that City staff and consultants are authorized and directed to take all other actions required to carry out the intent of this Resolution. Adopted by the Council o f the City of Lino Lakes this 8 th day of April , 2013 . The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and w as duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert , Mayor ATTEST: ________________________ Julianne Bartell, City Clerk