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
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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
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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
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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
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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.
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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.
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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
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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
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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