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HomeMy WebLinkAbout06-23-2003 EDA PacketAGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY JUNE 23, 2003 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of April 8, 2002 3. Consideration of Annual Appointments A. EDA Officers: President, Vice President, Treasurer, Assistant Treasurer, Executive Director and Secretary B. Official Newspaper C. Official Depositories 4. Public Hearing: Consideration of Resolution No. 03-01, Adopting Revised Business Subsidy Criteria 5. Public Hearing: Consideration of Resolution 03-02, extending the Compliance date for the Wage and Job Goals for Marmon Keystone. 6. Consideration of Resolution No. 03-03, Authorizing the Preparation of a Plan to Modify Development District No. 1 and to Establish Tax Increment Financing District No. 1-10 (Lakes Business Park) 7. Consideration of powerline easement to Northern States Power Company on city land 8. Adjourn CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT : April 8, 2002 : J. Bergeson, D. Carlson, C. Dahl, J. O'Donnell, J. Reinert : None : Ann Blair, Mary Divine, Michael Grochala, and Linda Waite Smith CONSIDERATION OF MINUTES OF MONDAY, DECEMBER 17, 2001 EDA Member Dahl moved to approve the December 17, 2001, minutes, as presented. EDA Member Carlson seconded the motion. Motion passed unanimously. CONSIDERATION OF ANNUAL APPOINTMENTS A. EDA Officers: President, Vice President, Treasurer, Assistant Treasurer, Executive Director, and Secretary Ms. Divine advised according to Lino Lakes EDA by-laws, the EDA selects a President, Vice President, Secretary, Treasurer and Assistant Treasurer each year. The offices of President and Vice President and Treasurer must be held by EDA members. In 2001 the officers were as follows: President: Mayor John Bergeson Vice President: Caroline Dahl Treasurer: Donna Carlson Secretary: Mary Divine Assistant Treasurer: Finance Director Executive Director: City Administrator Ms. Divine advised staff requests that the Authority elect members for these positions for 2002. EDA President Bergeson recommended that the positions of Secretary, Assistant Treasurer and Executive Director continue to be filled by staff members. EDA Member Dahl noted Ms. Divine has been serving as Secretary to the EDA but does not take the minutes of the meetings. EDA President Bergeson called for a nomination for President of the EDA. EDA Member Dahl moved to elect Donna Carlson as President of the EDA. EDA Member O'Donnell seconded the motion. EDA Member Reinert noted he has not held an official position on the EDA and asked what the duties and responsibilities are of each position. EDA President Bergeson explained the President of the EDA presides over the meetings, the Vice President serves only in the absense of the President, and the Treasurer has not had any responsibilities to date. EDA Member Reinert questioned whether there was specific protocol regarding who should serve as the President of the EDA. Ms. Divine indicated the by-laws of the EDA do not specify who should serve as the President. Motion passed unanimously. EDA President Bergeson called for a nomination for Vice President of the EDA. EDA Member Carlson moved to elect J. O'Donnell as Vice President of the EDA. EDA Member Dahl seconded the motion. Motion passed unanimously. EDA President Bergeson called for a nomination for Treasurer of the EDA. EDA Member O'Donnell moved to elect Caroline Dahl as Treasurer of the EDA. EDA Member Carlson seconded the motion. Motion passed unanimously. EDA President Bergeson noted there had been a discussion during the last EDAC meeting regarding the EDA being made up of members other than the City Council. He suggested that this issue be discussed in the future. EDA Member Carlson requested a copy of the minutes from the last EDAC meeting and the survey of local cities. EDA Member Reinert stated he had given some thought to the question of why the EDA is made up of City Council Members. He felt because the EDA deals with taxpayer's money, it makes sense for the members of the EDA to be elected officials. EDA President Bergeson called for a motion to appoint a Secretary, Assistant Treasurer and Executive Director for the EDA. EDA Member Carlson moved to appoint the City's Economic Development Assistant as the Secretary; the City's Finance Director as the Assistant Treasurer; and the City Administrator as Executive Director of the EDA. EDA Member Dahl seconded the motion. Motion passed unanimously. B. Official Newspaper Ms. Divine advised the EDA is required to publish public notices regarding its meetings. In the past, the EDA has designated the official newspaper to be the same as the City's official newspaper. She advised staff is recommending appointment of the Quad Community Press as the EDA official newspaper. EDA Member Dahl moved to appoint the Quad Community Press as the EDA official newspaper. EDA Member O'Donnell seconded the motion. Motion passed unanimously. C. Official Depositories Ms. Divine advised the list of legal depositories approved for 2002 by the City Council were as follows: Wells Fargo First Bank, NA Firstar Bank Dain Bosworth Lino Lakes State Bank Solomon, Smith, Barney Prudential Bache Community National Bank Merrill Lynch Juran & Moody LMC 4M Fund Others as needed Ms. Divine indicated these depositories are used for checking, savings and investing City dollars. On occasion the EDA and the City have financial transactions that will require the EDA to have designated legal depositories. Ms. Divine advised staff recommends approval of the list of legal depositories. EDA Member Carlson moved to approve the above list of legal depositories, as approved for 2002 by the City Council. EDA Member O'Donnell seconded the motion. Motion passed unanimously. CONSIDERATION OF RESOLUTION NO. 02-01, APPROVING THE ELIMINATION OF A PARCEL FROM TAX INCREMENT FINANCING DISTRICT NO. 1-9 WITHIN DEVELOPMENT DISTRICT NO. 1 OF THE CITY OF LINO LAKES Ms. Divine advised in 1998, the EDA created Tax Increment Financing (TIF) District No. 1-9 for the purpose of providing TIF assistance to industrial prospects in the Apollo Business Park and the Lakes Business Park. At that time the landowner had interest in developing Lakes Business Park on Lake Drive as a light industrial park. Ms. Divine indicated since that time the landowner has sold a piece of the site to Centennial School District for its new elementary school and the City approved a minor subdivision for the school parcel. The School District wishes to combine the elementary school and the adjacent middle school into one tax exempt parcel. To do so, Anoka County requires the parcel to be removed from the TIF District. Ms. Divine advised staff recommends adoption of Resolution No. 02-01, Approving the Elimination of a Parcel from TIF District No. 1-9. EDA Member O'Donnell moved to adopt Resolution No. 02-01, Approving the Elimination of a Parcel from TIF District No. 1-9. EDA Member Dahl seconded the motion. Motion passed unanimously. Resolution No. 02-01 can be found in the City Clerk's office. ADJOURNMENT EDA Member O'Donnell moved to adjourn. EDA Member Reinert seconded the motion. Motion passed unanimously. Meeting adjourned at 6:22 p.m. Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc. 4 AGENDA ITEM 3A STAFF ORIGINATOR: Mary Alice Divine DATE: 6/23/03 TOPIC: Consideration of annual appointments Vote required: Simple majority BACKGROUND: According to Lino Lakes EDA by-laws, the EDA elects a president, vice president, secretary, treasurer and assistant treasurer each year. The offices of president, vice president and treasurer must be held by EDA members. In 2002 the officers were as follows: President: Donna Carlson Vice President: Jeff O'Donnell Treasurer: Carolyn Dahl Secretary: Economic Development Assistant Assistant Treasurer: Finance Director Executive Director: City Administrator RECOMMENDATION: The Authority consider the election of members for these positions for 2003. This can be completed in one motion, or each position can be voted upon separately. AGENDA ITEM 3B STAFF ORIGINATOR: Mary Alice Divine DATE: 6/23/03 TOPIC: Consideration of EDA Official Newspaper Vote Required: Simple majority BACKGROUND: The EDA is required to publish public notices regarding its meetings. In the past, the EDA has designated the official newspaper to be the same as the city's official newspaper. RECOMMENDATION: Appoint the Quad Community Press as the EDA official newspaper Option 1 AGENDA ITEM 3C STAFF ORIGINATOR: Mary Alice Divine DATE: 6/23/03 TOPIC: Consideration of Official Depositories Vote Required: BACKGROUND: Simple Majority The list of legal depositories approved for 2003 by the City Council is as follows: Wells Fargo Prudential Bache First Bank, NA Community National Bank US Bank Merrill Lynch Dain Rauscher Solomon, Smith, Barney Lino Lakes State Bank LMC 4M Fund Others as needed These depositories are used for checking, savings and investing city dollars. On occasion the EDA and the city have financial transactions that will require the EDA to have designated legal depositories. RECOMMENDATION: Approve the list of legal depositories. AGENDA ITEM 4 STAFF ORIGINATOR: Mary Alice Divine DATE: 06/23/03 TOPIC: Public Hearing: Revised Business Subsidy Criteria BACKGROUND: The Business Subsidy Act (Minnesota Statutes 116J.993-995) became effective on August 1, 1999. The Act required grantors to adopt business subsidy criteria prior to granting business subsidies. Both the EDA and the city adopted criteria in 1999. The Act required that criteria include a policy for wages on jobs created by subsidies. Each business receiving a subsidy had to establish how many jobs it would create and at what wage. Recognizing that not all subsidies were for the purpose of creating jobs, the Minnesota Legislature amended the Act in 2000, but delayed the effective date of those changes until 2003. Among the changes at the Legislature are the following: • The number of new jobs may be set at zero if the grantor determines that job creation is not the intent of the subsidy. A public hearing is required prior to setting the requirement at zero. • Retained jobs may be considered only if job Toss is "specific and demonstrable." The old requirement was "imminent and demonstrable." • Criteria may not be set on a case by case basis. • Wage levels must be specific, either in dollar amount or by reference to an index or formula, which can be translated into a dollar amount. • Grantors may extend by up to one year the time recipients have to meet the job and wage goals. • The grantor may deviate from the criteria in specific cases but must document the reasons for doing so and report to the state. • Recipients are required to remain within the jurisdiction for five years after receipt of the grant, but that may be waived by the grantor following a public hearing. The previous requirement was to remain at the site for five years with no provision for waiver. • The criteria must articulate the standards by which requests will be evaluated. All of these amendments have been incorporated into the attached revised Business Subsidy Criteria. If adopted, the criteria will comply with state law and be a concise statement of relevant statutory requirements. RECOMMENDATION: Open the public hearing LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 03-01 RESOLUTION ADOPTING REVISED BUSINESS SUBSIDY CRITERIA WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 called the Business Subsidy Act (the "Act") which became effective on August 1, 1999, required the adoption of criteria for the granting of business subsidies as defined in the Statutes; and WHEREAS, the Economic Development Authority of the City of Lino Lakes (the "Authority") adopted Business Subsidy Criteria on November 8, 1999; WHEREAS, requirements of the Act were amended by the Minnesota Legislature in 2000, with an effective date of 2003; WHEREAS, The Authority has determined that it is necessary and appropriate to adopt revised business subsidy criteria pursuant to the amended Statutes; and WHEREAS, The Authority has performed all actions required by law to be performed prior to the adoption and approval of the proposed revised business subsidy criteria, including the holding of a public hearing upon published notice as required by law on June 23, 2003. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Lino Lakes, Minnesota, that the revised business subsidy criteria, contained in Exhibit A of this resolution are hereby approved, ratified, established, and adopted and shall be placed on file at the City Hall. Dated: June 23, 2003 President ATTEST: Executive Director ATTACHMENT A LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY BUSINESS SUBSIDY CRITERIA (Revised June 23, 2003) LSection 1. Purpose ; Statutory Compliance 1.01 ThisThe purpose of this document insludesis to establish the criteria to be considered by the Lino Lakes Economic Development Authority (EDA)to teethe "EDA") in processing, evaluating and reviewing requests for business subsidies. It is the intent of the EDA in adopting these revised criteria to comply with Minnesota Statutes, Sections 1165.993 1 165.995116J.993 through 116J.995 (the "Act "). The EDA hereby adopts the definitions contained in the Act for application in the criteria. 1.02. Business subsidy criteria were adopted by the EDA on and are hereby revised. The EDA has the option to amend these criteria again in the future if doing so is determined necessary or appropriate. Amendments to these criteria are subject to the public hearing requirements of the Act. 1.03. These criteria are intended to set specific minimum requirements which recipients must meet to be eligible to receive business subsidies. The EDA will not adopt business subsidy criteria on a case by case basis. 1.04. In accordance with the Act, all business subsidy requests must comply with the Act and other applicable Minnesota statutes. The EDA's ability to grant business subsidies is subject to the limitations established in the Act. lELSection 2. 2.01 Goals and Objectives It is the EDA's intent to advance the following goals and objectives in granting business subsidies: (a) All projectsProjects must be consistent with Lino Lakes' comprehensive plan and any other similar plan or guide for development of the community. (b) Business subsidies will not be provided for projects which have the financial feasibility to proceed without a public subsidy. (c) Potential recipients will be required to provide such studies, reports, appraisals, financial information or other data as may be requested by the EDA prior to consideration of a request for a business subsidy. b)2.02 Business subsidies must be justified by evidence that the project cannot proceed without the benefit of the subsidy. If tax increment financing is used to grant a subsidy, the granteerecipient must demonstrate compliance with all statutory RHB 232372v2 LN 140-12 1 requirements of the TIF Act, including the "but for" test, and any TIF policy adopted by the EDA. The grenteerecipient will be required to provide all documentation necessary for the EDA to make the requisite fundings under the TIF Act and the Act. Grantee:,2.03 Recipients will be required to enter into an agreement with the EDA which is consistent with statutory requirements, including and which contains measurable, specific and tangible goals. The agreement must include a commitment to remain in business at the sitein Lino Lakes for a minimum of five years after the benefit date and compliance, unless waived by the EDA, and a requirement to comply with the specific jobskb and wageswage goals established for the projectAll, if any. The agreement must also be approved by the Lino Lakes City Council. Section 3. Business Subsidy Criteria 3.01 The EDA recognizes that every proposal is unique. Nothing in these criteria shall be deemed to be an entitlement or shallto establish a contractual right to a subsidy. The EDA reserves the right tomay modify these criteria from time to time and reserves the right to evaluate each project criteria shall be utilized in evaluating a request for a business subsidy: on its individual merits. The EDA may deviate from these criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Minnesota state agency charged with administration thereof. 3.02 The following criteria shall be utilized in evaluating a request for a business subsidy: - _ _- - (a) Public purpose. A business subsidy must meet a public purpose, including but not limited to increasing the tax base. Job retention may only be considered a public purpose if the loss of jobs is specific and demonstrable. ath) big) RH B232372v2 LN I40-12 Increase in tax base. While an increase in the tax base cannot be the sole greundsrounds for granting a subsidy, the EDA believes it is a necessary condition for any subsidy. Jobs and Wages.4t In instances in which job creation is determined to be a goal, it is the EDA's intent that the grantee createsrecipient create the maximum number of livable wage jobs at the site. Guaranteed job:, created must meet, asThis may include jobs to be retained but only if retention is specific and demonstrable. The job and wage goal must be attained within two years of the benefit date. The EDA may , after a public hearing. extend for up to one year the period for meeting the job and wage goal. Qualifying 'obs are those which .a at a minimum, 110 percent of the federal minimum wage requirements plus benefits. This 2 -ed) may include jobs to be- retained but only if job retention is imminent and demonstrable. , plus benefits. Any deviation from the established wage level must be documented in conformity with the requirements set forth in the Act. If the EDA, following a public hearing, determines that job creation or retention is not part of the public purpose of the subsidy, the wage and job goal may be set at zero. Economic Development. Projects should promote one or more of the following: 1. Encourage economic and commercial diversity within the community; 2. Contribute to the establishment of a critical mass of commercial development within an area; 3. Provide basic goods and services, incrcasclncrease the range of goods and services available or encourage fast- growing or other desirable businesses to locate or expand within the community; 4. Promote redevelopment objectives and removal of blight, including pollution cleanup; 5. Promote the retention or adaptive usereuse of buildings of historical or architectural significance; 6. Promote additional or spin-off development within the community; or 7. Encourage full utilization of existing or planned infrastructure improvements. Section 4. Minimum Requirements 4.01. In order for a recipient to be eligible for a business subsidy, the following minimum requirements must be met:, (a) Compliance with Sections 2.01 a, b, and c; (b) Compliance with Section 3.02 b; and (c) Compliance with Sections 3.02 c or d. IVSection 5. Compliance and Reporting Requirements a)5.01 Any subsidy granted by the EDA will be subject to the requirement of a public hearing, if necessary, and must be approved by the Lino- Lakes City Council. S b)5.02 It will be necessary for both the granteerecipient and the EDA to comply with RHB232372v2 LN 140-I 2 3 reporting and monitoring requirements of the Act. 5.03 A recipient may be authorized to move from Lino Lakes within five years of the RHB232372v2 LN 140-12 benefit date only if, after a public hearing, the EDA approves the request to move. 4 AGENDA ITEM 6 STAFF ORIGINATOR: Mary Alice Divine DATE: 06/23/03 TOPIC: Resolution No. 03-03 Authorizing Preparation of a Plan to Modify Development District No. 1 and to establish TIF District No. 1-10 BACKGROUND: The developers of the Lakes Business Park north of the Blue Heron Elementary School on 35W have proposed to plat the 30-acre park into sites for light industrial users. In conjunction with the plat, the developers are working with a potential light industrial user that is proposing to construct a 265,000 sq. ft. facility on approximately 13 acres in the park. It is anticipated that development of the business park may justify some public expenditure for infrastructure improvements to Lake Drive. In addition, the business park has not developed solely through private efforts and may require public participation to develop in a manner consistent with the city's goals for commercial and industrial development. The establishment of a new Tax Increment Financing (TIF) District that incorporates the business park is a part of the overall schedule that also includes an EAW, site plan reviews and a public improvements process. This resolution authorizes the preparation of the plan to remove three parcels from TIF District No. 1-9 and establish TIF District No. 1-10. The process includes sending Anoka County and Centennial School District a draft TIF plan, and review by the Planning and Zoning Board, as required by Minnesota statute. The date for consideration of the plan is scheduled for August 11. The City Council will also hold a public hearing that night. RECOMMENDATION: Adopt Resolution No. 03-03 authorizing preparation of a Plan to modify Development District No. 1 and establish TIF District No. 1-10 AGENDA ITEM 6 STAFF ORIGINATOR: Mary Alice Divine DATE: 06/23/03 TOPIC: Resolution No. 03-03 Authorizing Preparation of a Plan to Modify Development District No. 1 and to establish TIF District No. 1-10 BACKGROUND: The developers of the Lakes Business Park north of the Blue Heron Elementary School on 35W have proposed to plat the 30-acre park into sites for light industrial users. In conjunction with the plat, the developers are working with a potential light industrial user that is proposing to construct a 265,000 sq. ft. facility on approximately 13 acres in the park. It is anticipated that development of the business park may justify some public expenditure for infrastructure improvements to Lake Drive. In addition, the business park has not developed solely through private efforts and may require public participation to develop in a manner consistent with the city's goals for commercial and industrial development. The establishment of a new Tax Increment Financing (TIF) District that incorporates the business park is a part of the overall schedule that also includes an EAW, site plan reviews and a public improvements process. This resolution authorizes the preparation of the plan to remove three parcels from TIF District No. 1-9 and establish TIF District No. 1-10. The process includes sending Anoka County and Centennial School District a draft TIF plan, and review by the Planning and Zoning Board, as required by Minnesota statute. The date for consideration of the plan is scheduled for August 11. The City Council will also hold a public hearing that night. RECOMMENDATION: Adopt Resolution No. 03-03 authorizing preparation of a Plan to modify Development District No. 1 and establish TIF District No. 1-10 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 03-03 RESOLUTION AUTHORIZING PREPARATION OF A MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND A PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-10 WHEREAS, on January 26, 1987 the city council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and adopted a program ("The Program") for same; and WHEREAS, the area of the city within the Development District and previously established as that portion of Tax Increment Financing District No. 1-9, generally known as Lakes Business Park has not developed solely through private efforts in a manner consistent with its prominence within the city; and WHEREAS, it appears that it will be necessary to utilize tax increment financing to assist in the area to achieve the purpose for which the business parks were established; and WHEREAS, it has been proposed that the following parcels: 17-31-22-23-0012 17-31-22-32-0006 currently within Tax Increment Financing District No. 1-9 be deleted from the District and incorporated into a new tax increment financing district ("TIF District No. 1-10") pursuant to Minnesota Statutes, sections 469.174 through 469.179 ("The TIF Act"). WHEREAS, it has been proposed that the following parcel: 17-31-22-32-0003 also be incorporated into TIF District No. 1-10 pursuant to the TIF Act. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority ("The EDA") of the City of Lino Lakes, Minnesota, as follows: 1. Springsted, Inc. is hereby authorized and directed to prepare a modified program for Development District No. 1 and a tax increment financing plan ("the Plan") for TIF District No. 1-10. 2. The executive director of the EDA is authorized and directed to schedule a meeting on Monday, August 11, 2003 at 6 p.m. in the council chamber at city hall, at which time the EDA will consider adoption of the modified Program for the Development District and a Plan for TIF District No. 1-10. 3. The staff and consultants are authorized and directed to take any and all steps necessary to bring the modified Program and the Plan before the EDA at the August 11, 2003 meeting. 4. The City is urged to schedule a public hearing on the modified Program and the Plan to be held as soon after consideration of these matters by the EDA as reasonably possible. Dated: June 23, 2003 President ATTEST: Executive Director Development District No. 1 City of Lino Lakes Anoka County, Minnesota AGENDA ITEM 7 STAFF ORIGINATOR: Mary Alice Divine DATE: 06/23/03 TOPIC: Consideration of power line easement to Northern States Power Company BACKGROUND: Attached is an Electric Distribution Easement that has been prepared by Northern States Power Company pertaining to property that the city acquired from George Reiling on the corner of Lake Drive and Hodgson Road. There is an electrical utility line that traverses the property, however, there never has been a specific easement granted to the power company to locate the poles. As a part of the title registration proceeding, Northern States Power Company agreed to define the limits of their easement over the property. RECOMMENDATION: Approve the Electric Distribution Easement from Northern States Power Company ELECTRIC DISTRIBUTION EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor", in consideration of the sum of $1.00 and other good and valuable consideration in hand paid by NORTHERN STATES POWER COMPANY, a Minnesota Corporation, the receipt and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and assigns, hereinafter called "Grantee", an easement with the right, privilege and authority to excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its facilities for the transmission and distribution of electrical energy, including the necessary poles, wires, guys, stubs, electric cables, conduits, vaults, pedestals, manholes and facilities related and appurtenant thereto, over, across, under and upon said easement on the following described land situated in the County of Anoka, State of Minnesota, to -wit: That part of the north 650 feet of Government Lot 1, Section 30, Township 31, Range 22, Anoka County, Minnesota, lying southeasterly of a line parallel with and distant 75.00 feet southeasterly of Line A as described below, lying northeasterly of a line parallel with and distance 64.00 feet northeasterly of Line B as described below and lying northeasterly of a line parallel with and distant 74.00 feet northeasterly of Line C as described below: Line A: Beginning at a point on the west line of Section 25, Township 31, Range 23, distant 944.55 feet north of the southwest corner thereof; thence northeasterly at an angle of 48 degrees 18 minutes 00 seconds from said west section line (measured from north to east) 247.30 feet, thence northeasterly deflecting to the right 09 degrees 52 minutes 00 seconds a distance of 9120.00 feet and said line there terminating. Line B: Commencing at the northwest corner of said Section 30; thence on an assumed bearing of South 89 degrees 54 minutes 18 seconds East along the north line of the Northwest Quarter of Section 30 a distance of 1596.26 feet to the point of beginning of the line to be described, said north line of the Northwest Quarter also being the north line of said Government Lot 1; thence South 40 degrees 01 minutes 05 seconds East 109.40 feet; thence southeasterly 429.10 feet along a tangential curve concave to the southwest having a central angle of 30 degrees 02 minutes 14 seconds and a radius of 818.51 feet and said line there terminating. Line C: Beginning at the terminus of Line B as described above; thence South 09 degrees 58 minutes 51 seconds East and tangent to last above described curve 393.10 feet and said line there terminating. 04/02/02 SMP S:\General-Offices-GO\Legal\Rechek\LandTitle\Anoka\2002\Lino Lakes Easement.doc 1 of 4 That part of Government Lot 3 of Section 19, Township 31, Range 22, Anoka County, Minnesota lying southeasterly of a line parallel with and distant 75 feet southeasterly of Line A described above and lying westerly of the following described line: Commencing at the southwest corner of said Section 19; thence on an assumed bearing of South 89 degrees 54 minutes 18 seconds East, along the south line of said Section 19, a distance of 2129.27 feet to the actual point of beginning of the line to be described; thence North 23 degrees 08 minutes 57 seconds East a distance of 20.43 feet; thence northeasterly a distance of 412.73 feet along a tangential curve concave to the southeast having a central angle of 21 degrees 14 minutes 54 seconds and a radius of 1112.92 feet to said parallel line, and said line there terminating. Said easement shall be limited to: 1. A 20 foot wide strip of land being 10 feet on each side of the following described centerline and sideline extensions thereof Commencing at the Northeast corner of the NW 1/4 thence west on an assumed bearing of North 89 degrees 53 minutes 53 seconds West a distance of 583.19 feet to a point hereinafter referred to as "Point A" and also the point of beginning of the centerline to be described; thence North 21 degrees 01 minutes 17 seconds East a distance of 54.61 feet to a point hereinafter referred to as "Point B"; thence North 26 degrees 13 minutes 01 seconds East a distance of 185.06 feet to a point hereinafter referred to as "Point C"; thence North 17 degrees 14 minutes 49 seconds East to the Northwesterly line of the above described property and there terminating. Returning to "Point C" described above, thence North 62 degrees 36 minutes 15 seconds East a distance of 147.94 feet to a point hereinafter referred to as "Point D"; thence South 01 degrees 41 minutes 20 seconds West to the Southeasterly line of the above described property and there terminating. Returning to "Point A" described above; thence South 21 degrees 01 minutes 17 seconds West a distance of 115.94 feet; thence South 21 degrees 12 minutes 03 seconds West a distance of 172.76 feet to a point hereinafter referred to as "Point E"; thence South 18 degrees 29 minutes 58 seconds West to the southwesterly line of the above described property and there terminating. 2. Four Anchor Tracts which lie within a 10 foot wide strip of land being 5 feet on each side of the following described centerline and sideline extensions thereof: a. Beginning at "Point B" described in No. 1 above; thence North 66 degrees 27 minutes 11 seconds West a distance of 19 feet and there terminating. b. Beginning at "Point C" described in No. 1 above; thence South 77 degrees 22 minutes 51 seconds East a distance of 18 feet and there terminating. c. Beginning at "Point D" described in No. 1 above, thence South 39 degrees 15 minutes 55 seconds East a distance of 13 feet and there terminating. d. Beginning at "Point E" described in No. 1 above, thence North 71 degrees 56 minutes 36 seconds West a distance of 12 feet and there terminating. 04/02/02 SMP S:\General-Offices-GO\Legal\Rechek\LandTitle\Anoka\2002\Lino Lakes Easement.doc 2 of 4 The grant of easement herein contained shall also include the right of reasonable access to said easement across said lands for the purpose of exercising the rights granted herein, together with the right to remove from said easement any structure, trees, shrubbery, or other object or obstruction which in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary for the construction or maintenance thereof. Except as otherwise provided herein in any Underground Distribution Agreement between the Grantor and Grantee covering the above described premises, Grantee shall, after installation of the above described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject to this easement to as near their original condition as is reasonably possible and remove therefrom all debris, spoils, and equipment resulting from or used in connection with said installation. Grantor further agrees that no structure or obstruction will be erected or permitted or any trees planted on or within said easement, that he will not change the ground elevation thereof without the written consent of Grantee, or perform any act which will interfere with or endanger said electrical facilities. Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. This instrument and the covenants and agreements contained herein are binding upon the Grantor, his personal representatives, heirs, successors and assigns. The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the transmission lines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of , 2002. By: Its: By: Its: Lino Lake Economic Development Authority 04/02/02 SMP S:\General-Offices-GO\Legal\Rechek\LandTitle\Anoka\2002\Lino Lakes Easement.doc 3 of 4 STATE OF 1VIINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by and , the and of Lino Lakes Economic Development Authority, a body corporate and politic under the laws of the State of Minnesota on behalf of the corporation. NOTARY PUBLIC This instrument was Drafted by: SMP Northern States Power Company 414 Nicollet Mall, Minneapolis, MN 55401 Distribution 2002.057 04/02/02 SMP S:\General-Offices-GO\Lega1\Rechek\LandTitle\Anoka\2002\Lino Lakes Easement.doc 4 of 4 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 03-02 RESOLUTION EXTENDING THE COMPLIANCE DATE FOR THE WAGE AND JOBS GOALS FOR MARMON/KEYSTONE WHEREAS, Marmon/Keystone Corporation (the "Developer") entered into a Contract for Private Development (the "Agreement") with the Lino Lakes Economic Devel Authority (the "Authority") on August 17, 2000; opment WHEREAS, the Business Subsidy Act requirements in the Agreement state that two years after the issuance of the Certificate of Completion on June 1, 2001 the within Developer shall create at least four new full-time equivalent jobs; WHEREAS, the Developer has created two new full-time equivalent compliance date of June 1, 2003 and has requested an extension of the compliance date to June 1, 2004; WHEREAS, the Agreement provides that the Authority may, after a ubli extend the compliance date by up to one year; P c hearing, NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority the City of Lino Lakes, Minnesota, that the Wage and Job Goal compliance d teof Marmon/Keystone has been extended to June 1, 2004. Dated: June 23, 2003 President ATTEST: Executive Director AGENDA ITEM 5 STAFF ORIGINATOR: Mary Alice Divine DATE: 06/23/03 TOPIC: Public Hearing: Consideration of Resolution No. 03- 02 extending Compliance Date for Wage and Job Goals for Marmon/Keystone BACKGROUND: In August of 2000 the Lino Lakes Economic Development Authority (EDA) entered into a Development Agreement with Marmon/Keystone Corporation. As a part of that agreement, the company was required to create four new jobs by June 1, 2003 at a wage no less than $15.00 per hour. Marmon/Keystone has requested that the compliance date for meeting its goal be extended to June 1, 2004. The request noted that the general economy has limited their growth since 2001 and they were only able to hire two new employees. They were able to maintain their employment levels during the past two years in Lino Lakes while they reduced staff at most other facilities. The development agreement states that the EDA may, after a public hearing, extend the compliance date by up to one year. If Marmon/Keystone is not given an extension, the tax increment financing would be withheld according to a formula that is based on a pro rata share of the number of jobs created versus the number required. RECOMMENDATION: Open the public hearing