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Home My WebLink AboutMay 28, 1996 RegularADMINISTRATION Mayo~' Joseph Sturdevant Donald O. Jolly Meg Jones ~ L. Petemon Mark ~ Wi~on May 24, 1996 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Tuesday, May 28, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the adrrdasion or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabili6es to participate in all City of Columbia Heights' services, programa, arm activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER AND ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS ~DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the Regular City Council Meeting Minutes of May 13, 1996. 2) Make Appointment to the Economic Development Authority MOTION: Move to appoint Don Jolly to the Economic Development Authority Board to fill the term vacated by Don Murzyn, Jr. This term will expire January 8, 1998. 3) Establish Joint Meeting with City Council and Cable Commission MOTION: Move to establish a joint meeting with the Cable Communications Commission on August 15, 1996, to review information in regards to the transfer of ownership. 4) Approve License Applications MOTION: Move to approve the 1996 license applications as listed upon payment of proper funds. 5) Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia HeChts does not discriminate on the b~is of disability in employment or the provision of services Equal Opportunity Employer Page 2 CITY' COU-NC2L AGENDA FOR M. EBT1NG OF MAY' 28, 1996 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Resolutions~Ordinances 1) First Reading of Ordinance No. 1325, an Ordinance Expanding the Role of the Cable Commission RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1325, for the Council meeting of Monday, June 10, 1996. First Reading of Ordinance No. 1326, an Ordinance Regarding Possession of a Toxic Substance by a Minor RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to Schedule a Second Reading of Ordinance No. 1326, Being an Ordinance Pertaining to the Regulation of the Possession of Toxic Substances as Listed in Minnesota Statutes Chapter 609.684 by Persons Under the Age of 18, for June 10, 1996. First Reading of Ordinance No. 1327, an Ordinance Regarding Loud Music from Vehicles RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to Schedule a Second Reading of Ordinance No. 1327, Being an Ordinance Pertaining to the Regulation of Sound Amplification from a Parked, Stopped, Standing, or Moving Vehicle Which can be Heard From a Distance of 75 feet or more, for June 10, 1996. First Reading of Ordinance No. 1328, an Ordinance Calling for Abandonment of the City Charter RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish June 10, 1996, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1328, an Ordinance Calling for the Abandonment of the City Charter. Resolution 96-47, Resolution Appointing Walter Fehst as City Manager RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-47, a Resolution Appointing Walter Fehst as City Manager of the City of Columbia Heights, Effective July 8, 1996. Other Resolutions / Ordinances Page 3 CITY COUNC]_L AGENDA FOR MEET~'G OF MAY 28, 1996 Bid Considerations 1) Award of 1996 Miscellaneous Concrete Repairs Project #9600 RECOMMENDED MOTION: Move to Award the 1996 Miscellaneous Concrete Repairs and Installations, Municipal Project #9600, to Advanced Concrete, Inc. of Richfield, Minnesota, Based Upon Their Low, Qualified, Responsible Bid in the Amount of $21,956.00, With Fund to be Appropriated from Fund 401-59600-4000; and, Furthermore, to Authorize the Mayor and City Manager to Enter Into a Contract for the Same. Reject Bids for 1996 Street Rehabilitation Project RECOMMENDED MOTION:. Move to Reject all Bids for the 1996 Street Rehabilitation - Zone I Project, as All Bids Exceed the Available Funding, and Furthermore, Direct Staff to Re-Evaluate the Plans and Specifications and Report Back to the Council on the Feasibility of Rebidding the Project. 3) Other Bid Considerations C. Other Business 1) Leasing of Water Tower as Site for Communication Antenna RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter into a Lease Agreement with Sprint Spectrum, L.P., for Use of the Water Tower for the Installation of Up to Twelve Antenna Elements, Contingent on the Following: 1. An Initial Lease Rate of $10,000 Per Year; 2. An Annual Increase to the Lease Rate of 4% Per Year; 3. Final Lease Language Acceptable to the City Manager and City Attorney. 2) Additional Other Business 8. ADMINISTRATIVE REPORTS A~ Report of the City Manager B. Report of the City Attorney GENERAL C05UVCIL COMMUNICATIONS A. Minutes of the April 16, and May 14, 1996, Economic Development Authority Meetings B. Minutes of the May 16, 1996, Cable Communications Commission Meeting C. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT 96/65 Mark A. Winson, Acting City Manager CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPART~fENT: CITY MANAGER'S NO: 4 CITY MANAGER' S APPROVpL///,~//~ ITEM: APPOINTMENT TO THE ECONOMIC DEVELOPMENT~ BY: M. WINSON 4~'~ BY:E~ AUTHORITY ~ ~ DATE: 5-21-96 DAT NO: ~ , · Don Murzyn, Jr. has resigned from the Economic Development Authority due to personal reasons. As a portion of the process of converting the former HRA to the new EDA, the Council had discussed having up to five members of the EDA Board be Councilmembers. When the EDA was formed, three members of the Council, (Jones, Paterson, Ruettimann), were appointed to the Board. As the terms of those Board members who are not on the Council expired, a Councilmember was to be appointed to fill the position until all five Councilmembers were on the seven member board. By having a majority of the Boardmembers as Counci!members, the finances of the EDA can be more effectively managed through the City Finance Department. It would be appropriate to appoint a Councilmember to the EDA Board to fulfill the unexpired term of Mr. Murzyn. This term ends January 8, 1998. RECOMMENDED MOTION: Move to appoint Don Jolly to the Economic Development Authority Board to fill the term vacated by Don Murzyn, Jr. This term will expire January 8, 1998. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : May 28, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: 4 C I TY MANAGER ~ S APPROVAL ITEM: ESTABLISH A JOINT MEETING BY: L. MAGEE~ ~B~K: NO: CABLE COMMISSION ~)Cx/~ ~ ~/~ ~.~, ~,3 DATE: MAY 22, 1996 Meredith Cable is in the process of being purchased by Continental Cable, which is being purchased by US West. Under State Law and the Cable Franchise, the City of Columbia Heights has the authority to approve or deny the transfer of ownership. Action to approve or deny these purchases must be made by early September, so the Cable Commission is requesting that we set up a joint meeting with the City Council for the August Cable Commission Meeting which is Thursday, August 15, 1996, so the presentation of the financial and technical reports can be made to both bodies at the same time. RECOMMENDED MOTION: Moved to establish a joint meeting with the Cable Communications Commission on August 15, 1996, at 7:30 pm to review information in regards to the transfer of ownership. COUNCIL ACTION: TO CITY COUNCIL MAY~ 28, 1996 *Signed Waiver Form Accompanied Appllcatlon APPROVED BY POLICE DEPT. 1996 BUSINESS LICENSE AGENDA SINGLE EVENT CLUB ON SALE BEER *Col.Hgts. Lions Club C/O Kevin F. Doty LICENSED AT Huset Park for Jamboree June 26-30, 1996 FEES REQUEST FEES BE WAIVED PER ATTACHED BUILDING INSPECTOR II II II II I1 II CONTRACTORS *Bituminous Roadways Century Plumbing *Lino Lakes Blacktop*Schwarz Construction 9050 Jefferson Trail W. 320 Front Ave. 502 Lilac St. 10961 - 32nd St. N. $ 40.00 4O.OO 4O.OO 4O.OO POLICE DEPARTMENT II I1 II I1 PEDDLERS/SOLICITORS Gerald Johnson 1298 N.E. 52nd Ave. Jennifer Lyn 'Carlson 4605 Merrywood Lane Excelsior, Mn. Erik R. Johnson 1298 N.E. 52nd Ave. within the City along $ 50.00 parade route 6/28 and prior to fireworks Huset Park 6/29 II 11 REQUEST FEES BE WA I VED II II REQUEST FEES BE WAIVED POLICE DEPT., FIRE DEPT. SECONDHAND HERCHANT *Joseph Warren Schmidt Budget Computers 4024 Central Avenue .S 50.00 JERRY JOHNSON MATT MILNER SALES 1298 52ND ~VENUE N.E. FRIDLEY, MINNESOT/% 55421 April 24, 1996 City Council City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear City Council Members: I respectfully request authorization to sell novelties at the Columbia Heights Jamboree Parade and Firework's Display June 28th and 29th. For the Jamboree Parade my intention is to sell toys and balloons along the parade route the evening of June 28, 1995. We usually use 2 or 3 grocery carts for this purpose. We will only be selling 1 hour before the parade and until the parade is completed, a total of 2 to 3 hours. For the June 29th Firework Display I request permission to sell novelties, such as Glow Necklaces and Silly String, starting a couple of hours before the firework display. I am a active Columbia Heights Lion's member and participation in many community functions. I would appreciate speCial consideration on a blanket permit, totaling $50.00; to cover the 2 or 3 selling units at the Jamboree Parade and consent to sell novelties at the Firework Display. A $100.00 permit for each unit would cost me $200 or $300 and would be prohibitive, because of the cost and nature of the business, i.e. weather conditions, etc. ~ Thank you for any consideration you can give me in this matter. Sincerely, Jerry Johnson Matt Milner Sales BRC FINANCIAL SYSTE~ 05/25/96 14:2B:47 FUND RECAP: FUND DESCRIPTION t0I GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKV!EW VILLA NORTH 205 SECTION 8 2t2 STATE AID ~AINTENA~CE 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVIS!O~ 250 PARA TRANSIT 235 RENTAL HOUSING 240 LIBRARY 280 PROJECT PRIDE 40! CAPITAL !MPROVEME~TS 406 MEDTRO~!C DEVELOPMENT 412 CAPITAL iMPROVEMENT PARKS 4!5 CAPITAL !MPROVE~E~T - PIP 450 INFRASTRUCTURE FUND CAP EQUIP REPLACE-~ATER 60! WATER UTILITY 602 SEWER UTILITY 605 REFUSE FUND 609 LIQUOR 65i WATER COnSTRUCT!ON FUND 70I CEETRAL GARAGE 7t0 ENERGY MANAGEMENT 720 DATA PROCESSING 88i CONTRIBUTED PROJECTS-REC 884 INSURANCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND 88B POLICE/FiRE CONT RESERVE TOTAL ALL FUNDS Check History DISBURSEMENTS 45,439.08 2~002.52 8~057.07 941.00 2~85!.52 225.58 20,00 2,104.16 3,!68.66 60.00 24:647.25 3~168.00 387,48 ~71.04 !0,647.67 67~61B.53 49,243.77 87,956.~2 2~529.50 !2,014.!9 8~52!.09 210.00 749.54 65,393.00 i97,0~5.18 441.06 756,00 600~639.73 CITY OF COLU~B!A HEIGHTS GLO6OS-V04.30 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 600~63%73 600~639.73 DRC FINANCIAL SYSTEN 05123196 14:2 Check History 5/28/96 COUNCIL LIST VENDOR CHECK NUMBER BANK CHECKING ACCOUNT RADIO SHACK RAPID GRAPHICS & MAILING RAPIT PRINTING - FRIDLEY RiME AUCTiONEER/MARK ROACH DBA CODE ADVOCATE/ SAM GIBSON SEWER COMPANY GCHERER BROS LUKBER SCOTT/VERNON SOFTWARE TAILORS SOKKIA MEASURING SYSTEMS STAR TRIBUNE STREICHER GU~'S INC/DON SUBURBAN RUBBER STAKP SUBURBAN SPORT CENTER SYSTEMS SUPPLY INC. TAPE DISTRIBUTORS DF MN TAUTGES, ~curA..: & CO., TECHNICAL REPRODUCTIONS, THOMPSOK/LEONA TOWN & COUNTRY OFFICE CL TRANSPORT TRUCK CENTER TR!ARCO ARTS & CRAFTS TRUGREEN CHEKLAW~ U S POSTMASTER U S WEST CELLULAR U S WEST COMMUNICATIONS UNIFORMS UNLIMITED INC VAN-O-LITE VIKING SAFETY PRODUCTS VISIONARY SYSTEM LTD W W GRAtNGER WEATHERAMA WILLIAM MATTSON CONSTRUC WODDLAKE SANITARY SERVIC 3M TRAFFIC CONTROL DIVtS 593~2 59338 59339 59340 59341 59342 59344 59345 59346 59347 59348 59349 59350 59351 59352 59353 59354 59355 59356 59357 59358 5%59 59360 59361 59362 59363 59564 CITY OF COLUMBIA HEIGHTS GL540R-V04.30 PAGE 5 AMOUNT 5.34 274.23 30.68 700,00 2,700.00 53.00 84.00 149.10 60.00 159.70 52.39 276.28 22.96 40.45 788.85 217.!5 2,I88.00 387.48 20.00 298.20 !44.15 494.44 92.02 ~.00 t3.08 2,582.98 209.27 143.78 54.95 709.00 .589.25 89.70 2,947.20 48~977.0I I78.02 600,639.73 BRC FINANCIAL SYSTEM 05/25/96 14:2 Check History 5/28/96 COUNCIL LIST BANK VENDOR BANK CHECKING ACCOUNT 600DROAD/TtNA GOPHER STATE ONE-CALL IN GUTKAES/KARE~,~ HACH COMPANY HASSAN SAND & GRAVEL HEIGHTS ELECTRIC INC. HILLTOP TRAILER SALES tN INDUSTRIAL DOOR CO tNC !NFORKATION TECH~OLOGY P ITL PATCH COMPANY !NC J B D!STRIBRUTING K MART KAL!NA~WtLLS~WOODS~GISVO KELLY PRO~OT!ONS KEN BRAY SPECIALTY SCREE KODAK/EASTMAN LAGERQUtST CORP, LA,~GE TANK~ !NC LEE COLLINS LI~!TED LEEF BROS, MAC QUEE,~ EQUIPMENT CO. MCC BEHAVIORAL CARE tNC ~EDTOX LABORATORIES: !f,~C MENARDS CASHWAY LUMBER-F MERCURY TOOL & E!~GINEER! MICROFILM OPTICAL STORAG MIDWEST BUSINESS PRODUCT M!N~EAPOLIS SAW CO. M!NNEGASCO MINNESOTA COACHES MINNESOTA POLICE RECRUIT MINNESOTA REAL ESTATE 90 MINNESOTA SUN PUBLICATIO MIRACLE RECREAHON MO~.~TAGUE/.JAMES NSP NELSON/PATRICK ODDITIES GARMENT OLYMPIC ELECTRIC CO INC OSi ENVtROMENTAL PAM OIL tNC PARTNERS CLEANING & PATTON !ND. PRODUCTS PEACHTREE BUSi~ESS PRODU PLETCHERS POSTAGE BY PHONE SYSTEM ?ROEX ?HOTO SYSTEM CHECK NUMBER 5928~ 59284 59285 59286 59287 59288 59289 59290 59291 59292 5929~ 59294 59295 59296 59297, 59298 59299 59.3.00 5950! 59.302 59~04 .~. 59306 59307 59~08 5930~ ~9g!2 59~!4 59~i5 59~16 59~!7 5~t8 595!9 59~20 59~2I 59~22 59~2~ 59~24 59~25 59526 59~27 59~28 59329 CITY OF COLUMBIA HEIGHTS AMOUNT 6%60 !80.25 1~259.77 67.41 !,081.94 9!.85 8.74 34.3.26 !50.00 205.85 84.43 .34,67 338,90 I14,59 54.50 700,00 547,04 153..63 25.56 114.93 9!7.84 47i .42 !!4.00 259.56 57.66 215.77 575.87 56,I0 825.00 965.00 69.00 I42.80 !~835,58 65.00 7~487.99 52.72 t ~ 940,00 260.00 50.00 !28.79 286,78 !39,4~ 70.00 l ~ 462,50 2~700.00 BRC FINANCIAL SYSTEM 05/25196 t4:2 Check History 5/28/96 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V04.50 PAGE 3 VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PERA 59255 20,713.t3 PERA - DEFINED CONTRtBUT 59256 94.62 PERA - FIRE RELIEF 59257 589.55 PERA LIFE INSURANCE 59258 138.00 PERA POLICE RELIEF CONGO 59259 !,t76.59 PRUDENTIAL LIFE tNSURANC 59240 625.85 RAMGDELL SCHOLARSHIP FU~ 59241 56.25 STANDARD INSURANCE COMPA 59242 495.58 STATE CAPITOL CREDIT UN! 59243 1,245.00 UN~O~ 49 59244 580.00 U~!TED WAY 59245 118.00 AAA AWARDS 59247 92.85 ACE HARDWARE 59248 105.50 AEC ENGINEERING 59249 2~529.50 ALEXANDER & ALEXANDER, I 59250 25.80 ALFAX WHOLESALE FURN!TUR 59251 80.90 AMERICAN LINEN SUPPLY CO 59252 36.26 ANOKA COUNTY COURT ADMIN 59253 540.00 ARAMARK 59254 356.88 ATD-AMERICA 59255 I~97%70 B ~ F DISTRiBUTiNG 59256 8,049.92 BAKER/PHIL 59257 322.09 BARNA GUZY & STEFFE~ LTD 59258 84.00 BAUER BUILT TiRE & BATTE 59259 t01.58 BIFF'S~tNC. 59260 454.74 BITUMINOUS ROADWAYS, INC 59261 56.!7 BRAKE & E~UiPNENT WAREHO 59262 154.48 BUSINESS RECORDS CORP. 59263 t94.41 CATCO PARTS SERVICE 59264 1!5.46 u.~,n.L STORES 59265 217.95 CHENSEARCH 59266 2t6.60 CITY WIDE LOCKSMITHING 59267 808.it CLARK FDDDSERVICE tNC 59268 41.40 COCA-COLA BOTTLING NtDWE 59269 1t4.75 COLLOVA/CARNELD 59270 468.00 CONTINENTAL SAFETY EQUIP 59271 88.69 CURTIS INDUSTRIES INC 59272 !08.53 D C HEY COMPANY 59273 i70.67 D ROCK CENTER 59274 77.69 DAKOTA COUNTY TECHNICAL 59275 !50.00 DAVIES WATER EQUIP CO. 59276 !20.12 DEMARS SIGNS 59277 2!5.00 ENED CO ONC 59278 72.02 FASTENAL COMPANY 59279 79.68 FORLINE/WES 59280 25.00 GEOMATIC 59281 764.82 GOOD ND/ DR GARY 59282 140.00 BRC FINANCIAL SYSTEM 0~!2~,!% 14:2 Check History 5/28196 COUNCIL LIST CITY OF COLUMBIA HEIGHTS G.540R-V04.50 PAGE 2 BANK VENDOR CHECK NUMBER AHOUNT BANK CHECKING ACCOUNT HERBERT/JOHN 59184 19.17 JENSEN/RtTA 59185 !15.00 JOHNSON BROS. LIQUOR CO, 59186 KAUTH/MARY E 59187 4.00 LA VALLE/ELIZABETH 59188 31,87 LINCOLN DELL 59189 396,00 METRO ATHuET~ SUPPLY 59190 239.63 MINNEGASCO 59191 %509.93 MINTER-~E!SMAN 59192 538!6.0! MN ~n~ 59193 ~i,l'~ PAGING 171.08 MN DEPT OF REVENUE 59194 8,650.(;0 MN RECREATION & PARK ASS 59195 848.00 HDORE/~AY 59196 76.00 MPLS FIRE DEPT RELIEF AS 59197 200.00 MUSIC WORKS/THE ~9~98~ ~ 60~00 N S P 59199 2,436.56 NELSOn/PATRICK 5920(t ~.~ NORTHERN STATES POWER ~o~Ol~..~.. 8,279.07 O'REt~LY/M!KE 59202 400.00 PARTS PLUS 59203 39.3! PETT!P!ECE/DARA 59204 76.00 PETTY CASH - GARY BRAATE 59205 39.i8 PETTY CASH - JAN!CE MCGH 59206 87.88 PETTY CASH - KAREN MOELL 59207 69.14 p~"':~ ~9~0~ 33838.89 ,.~,o WINE & SPIRTS PRIOR WiNE 59209 1,!69,73 QUALITY WiNE & SPIRITS 59210 SHA~ LUMBER CO, 5~2i! SHiELY CO 59212 2~994.05 STAR TRIBUNE 59215 58.40 SURBROOK/ROBERT 59214 WARNER/BETTY 59225 200,00 WORLD CLASS WINE 59216 2,215.20 AFSCME 59221 775.40 ANOKA COUNTY SOCIAL SERV 59222 586.50 BECKER COUNTY CHILD SUPP 59223 146.47 DCA INC. 59224 2~t74,20 DENT!CARE 59225 224.40 FIRST COMMUNITY CREDIT U 59226 1~703.78 GREAT WEST LIFE & ANNU!T 59227 4,785.50 tCMA RETIREMENT TRUST 45 59228 63662.!7 tSANTI COUNTY FAMILY SER 59229 llO.O0 MtCKELSON,TRUSTEE/J ~ 59=~ 350.00 MINNESOTA MUTUAL LIFE 59231 744.50 MN STATE nct.n=.,.*~ SYST NORTHEAST STATE BANK 592.5.5 37~602.52 BRC FINANCIAL SYSTEH 05/23/96 14:2 Check History 5/28/96 COUNCIL LIST VENDOR CHECK NUMBER BANK CHECKING ACCOUNT A T & T CONSUMER PRODUCT ANDERSON/LINDA ANDERSON'S NEW CARPET DE ANOKA COUNTY MOTOR VEHtC BELLBOY BAR SUPPLY BERGFORD TRUCKING CITY WIDE W!NDDW SERVICE CUMM!NGS/DIANNE DELEGARD TDDL CD. EAGLE WINE COMPNAY GENUINE PARTS/NAPA AUTO GRISGS-CODPER & CO JOHNSON BROS. LIOUOR CO. JOHNSON PAPER & SUPPLY C KEWATT/CHARLES KLAUSMANN/JOYCE k'UEHN/JEAN METRO EMERGENCY MANAGER' METROPOLITAN COUNCIL WAS MINNESOTA CLE MiNTER-WEISMAN MN DEPT OF PUBLIC SAFETY NSP NEW FOGEY FOLLIES OSTENBERG/MOLLY PARTS PLUS PEPSI-COLA-7 UP PETER LOWE INTERNATIONAL PETTY CASH - JANtCE MCGH PRIOR WINE PROE× PHOTO SYSTEM REX DISTRIBUTING CO SAMS ~6310 TMt COATINGS INC NE GROUNDS MAINTENANCE AARP AMERICAN AGENCY BELLBOY BAR SUPPLY BELLBOY CORPORATION COL HSTS FIREFIGHTERS AS DELEGARD TOOL CO. FEARON/JOHN FISCHER/TED FUERST/BRYON GENUINE PARTS/NAPA AUTO GRiGGS-COOPER & CO HATTOUNI/R!TA 591~6 59137 59138 59139 59140 59141 59142 59143 59144 59145 59146 59147 59148 59149 591~! 59152 59154 59155 59~56 59157 5915B 59160 59161 ~9!62 5916~ 59164 ~9!65 59166 59167 59168 59169 59170 59172 59173 ~9!74 ~917~ 59176 59177 59178 59179 59181 59182 ~9183 CITY OF COLUMBIA HEIGHTS GL540R-V04.30 PAGE ! AMOUNT 47.82 46.20 2,995.60 1,073.54 !59.50 514.80 49.00 173.00 !36.80 671.39 11,7~ 197.79 591.61 405.96 378.00 t2.00 50.99 30.00 66,247.00 385.00 !~5~i.B7 !50.00 54.28 417.96 200.00 Ii.60 649.0t i~0.52 50.38 356.24 7.46 25,065.88 30.59 24,647,25 275.50 264.00 65,309.00 466.45 o4,075.4~ 1,195.43 I76.69 378.00 7.29 23.58 56.28 2,711.36 6.00 CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S.~r.//! NO: 4 CITY MANAGER'S APPROV7 , . / / ,, / //,~// / ITEM: ESTABLISH WORK SESSION DATES FOR JUNE, BY: M. WINSON BY:~ 1996 ~' A 6) DATE: 5-28-96 DAT NO: ~ Work session dates need to 1 and June 17, both at 7 p.m. -,nth of June. Dates suggested are June 3 RECOMMENDED MOTION: Move to establish Monday, June 3, 1996, at 7 P.M. and Monday, June 17, 1996, at 7 P.M. as work session dates for June, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S/ NO: 7 Resol utions/0rdinances CITY MANAGER'S ~/; APPROVAL~//~j// NO: ~. ~, I DAT~,: 5-20-96 ./~/~ ' T Recently, the Acting City Manager requested that the Cable Commission consider expanding its role to include telecommunications. As a result, staff drafted an ordinance change to expand the role of the Cable Commission. At their meeting of May 16, the Cable Commission reviewed the draft ordinance. Attached is an ordinance that the Cable Communications Commission is recommending the City Council adopt. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 132~ for the Council meeting of Monday, June 10, 1996. COUNCIL ACTION: ORDINANCE NO. 1325 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO CABLE COFISgJNICATIONS COFIMISSION The City of Columbia Heights does ordain: Section 1: Section 3 of Ordinance No. 853, City Code of 1977 which currently reads as follows, to wit: CAELE CCI.~-g~IIC~,TIC~IS COM~ISSi0N is hereby amended to read as follows: TELECOMI4LrNICATIONS COM~ISSION Section 2: Section 3.315 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315 (1) A Columbia Heights Cablc ~.,~..~..-~--~^~-~..~ .Commission is hereby established which shall consist of seven (7) members to be organized as follows: is hereby amended to read as follows: 3.315 (1) A Columbia Heights Telecommunications Commission is hereby established which shall consist of seven (7) members to be organized as follows: Section 3: Section 3.315 (2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315 (2) The Commission shall serve in an advisory capacity to the Council and the administrative service of the City. The duties and responsibilities of the Commission shall be as follows: a. Study, investigate and make written recommendations to the City Council on all matters pertaining to tkc ~ ~ ...... ~^~ ~ .... ~ on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished by the Cable Communications System. (2) Rate adjustments. (3) Actions of Crantcc which may be grounds revocation of the. Franchise. for (4) Crantoe's performance regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. (6) Renewal or extension of the ~ranchise. (7) Channel allocation and programming. (8) Compliance of Crantae with terms and conditions of ~ranchise. (9) Possible sanctions against Crantcc. (b) Prepare and submit an annual report to the City assessing the Grantee's performance according to the terms of the franchise and make written recommendations to the City. (~) Three months prior to the fifth year of operation and every five years thereafter, the Commission shall submit a report to the City, which report shall include a written appraisal of the performance of the Grantee over the entire length of the franchise with regard to the provisions of the franchise. The report shall include recommendations for revised or additional provisions of the franchise, considering at least the following items: channel capacity, channels for access, cable casting; facilities and staff assistance available for access cable casting; two-way capability, and the need for further service to be extended within the franchise area based upon a reassessment of the communications needs of the City in relation to the services generally offered by the cable industry. is hereby amended to read as follows: 3.315 (2) The Commission shall serve in an advisory capacity to the Council and the administrative service of the City. The duties and responsibilities of the Commission shall be as follows: a. Study, investigate and make written recommendations to the City Council on all matters pertaining to the provision of telecommunication services within the City on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished by the ....... ~ -, telecommunication service providers. (2) Rate adfustments. (b) (c) (3) Actions of a Crantcc provider which may be grounds for revocat--ion of its thc ~f_ranchise, permit, license, or other right to do business in the City. (4) Crantcc's Provider's performance regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. (6) Renewal or extension of the ~f_rancise, permit, licenser or other right to do business in the City. (7) Channel, spectrum, or capacity allocation and programming. (8) Compliance of Crantcc provider with terms and conditions of the ~franchise, permit, license, or right to do business in the City. (9) Possible sanctions against Cr~ntcc the Provider. Prepare and submit an annual report to the City assessing the Grantee's performance according to the terms of the cable television franchise and make written recommendations to the City. Three months prior to the fifth year of operation and every five years thereafter, the Commission shall submit a report to the City, which report shall include a written appraisal of the performance of the Grantee over the entire length of the cable franchise with regard to the provisions of the cable franchise. The report shall include recommendations for revised or additional provisions of the franchise, considering at least the following items: channel capacity, channels for access, cable casting; facilities and staff assistance available for access cable casting; two-way capability, and the need for further service to be extended within the franchise area based upon a reassessment of the communications needs of the City in relation to the services generally offered by the cable industry. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roi1 Call: Joseph Sturdevant Jo-Anne Student, Council Secretary CiTY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAG~ER'S/ NO: 7 Resolutions/Ordinances CITY MANAGER'S ! APPROVAL~//~//~ NO:ITEM: ~. ~!, ~F DATE: 5-2 0-9 6 /~"~/ ;' ~AT Recently, the Acting City Manager requested that the Cable Commission consider expanding its role to include telecommunications. As a result, staff drafted an ordinance change to expand the role of the Cable Commission. At their meeting of May 16, the Cable Commission reviewed the draft ordinance. Attached is an ordinance that the Cable Communications Commission is recommending the City Council adopt. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1325, for the Council meeting of Monday, June 10, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEHS FOR NO. '~ CONS 1 DERAT I ON-Ord ~ nances ITEM: Proposed Ordinj}nce No. 1326 -2. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: May 22, 199~ CITY MANAGER APPRf~ V~/~,,,[? Attached is a proposed ordinance which would regulate the possession of toxic substances as listed in Minnesota Statutes Chapter 609.684 by persons under the age of 18. Minnesota State Statute 609.684 makes it unlawful to sell toxic substances to persons under the age of 18. This ordinance would enhance this taw by making the possession of a toxic substance by a person under the age of 18 a petty misdemeanor. This law is intended to assist our officers in combating the graffiti problem in our city. Based on discussion at a recent work session, this is being brought forth for a first reading. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to schedule a second reading of Ordinance No. 1326, being an ordinance pertaining to the regulation of the possession of toxic substances as listed in Minnesota Statutes Chapter 609.684 by persons under the age of 18, for June 10, 1996. TMJ:mld 96-235 Attachment COUNCIL ACTION: ORDINANCE NO. 1326 BEING AN ORDINANCE CREATING SECTION 10.108 (7) OF THE COLUMBIA HEIGHTS CITY CODE WHICH MAKES UNLAWFUL THE POSSESSION OF TOXIC SUBSTANCES LISTED IN MINNESOTA STATUTES CHAPTER 609.684 BY PERSONS UNDER THE AGE OF 18 WHEREAS, state law makes it unlawful to sell certain toxic substances to persons under the age of 18: and WHEREAS, it is logical that persons under the age of 18 should not possess these same toxic substances. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Columbia Heights that section of the Columbia Heights Code be created to read as follows: Section Possession of Toxic Substances: Subd. 1. For purposes of this section "toxic substance" means: (1) glue, cement, or aerosol paint containing toluene, benzene, xylene, amy1 nitrate, butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does not include glue, cement, or paint contained in a packaged kit for the construction of a model automobile, airplane, or similar item; (2) butane or a butane lighter or (3) any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the commissioner of health under chapter 14. Subd. 2. It shall be unlawful for any person under the age of 18 years to possess any toxic substance except while these persons are under the direct supervision of a parent or guardian; or, are engaged in employment or educational activities that require the use of these toxic substances. Subd. 3. A violation of this section is a petty misdemeanor and violators may be required to participate in a community service proiect in addition to a fine. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: May 28, 1996 CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: I TE~S FOR NO. "~ CONS I DERAT I ON-Ordi nances ITEM: Proposed Ordinj}nce No. 1326 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: May 22, 199~ CITY MANAGER Attached is a proposed ordinance which would regulate the possession of toxic substances as listed in Minnesota Statutes Chapter 609.684 by persons under the age of 18. Minnesota State Statute 609.684 makes it unlawful to sell toxic substances to persons under the age of 18. This ordinance would enhance this law by making the possession of a toxic substance by a person under the age of 18 a petty misdemeanor. This law is intended to assist our officers in combating the graffiti problem in our city. Based on discussion at a recent work session, this is being brought forth for a first reading. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to schedule a second reading of Ordinance No. 1326, being an ordinance pertaining to the regulation of the possession of toxic substances as listed in Minnesota Statutes Chapter 609.684 by persons under the age of 18, for June 10, 1996. TMJ:mld 96-235 Attachment COUNCIL ACTION: , ORDINANCE NO. 1326 BEING AN ORDINANCE CREATING SECTION 10.108 (7) OF THE COLUMBIA HEIGHTS CITY CODE WHICH MAKES UNLAWFUL THE POSSESSION OF TOXIC SUBSTANCES LISTED IN MINNESOTA STATUTES CHAPTER 609.684 BY PERSONS UNDER THE AGE OF 18 WHEREAS, state law makes it unlawful to sell certain toxic substances to persons under the age of 18: and WHEREAS, it is logical that persons under the age of 18 should not possess these same toxic substances. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Columbia Heights that section of the Columbia Heights Code be created to read as follows: Section Possession of Toxic Substances: Subd. 1. For purposes of this section "toxic substance" means: (1) glue, cement, or aerosol paint containing toluene, benzene, xylene, arnyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does not include glue, cement, or paint contained in a packaged kit for the construction of a model automobile, airplane, or similar item~ (2) butane or a butane lighter or (3) any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the commissioner of health under chapter 14. Subd. 2. It shall be unlawful for any person under the age of 18 years to possess any toxic substance except while these persons are under the direct supervision of a parent or guardian; or, are engaged in employment or educational activities that require the use of these toxic substances. Subd. 3. A violation of this section is a petty misdemeanor and violators may be required to participate in a community service proiect in addition to a fine. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CO{q- NO. 7 S I DERATI ON/Ord | nantes ITEM: Proposed Ordinance #1327 '7_. ORIGINATING DEPARTMENT POLICE BY: Thomas M. John~ DATE: May 22, 1996 CITY MANAGER APPR ~OV~/yS~,. ? .//'~ Attached is a proposed ordinance which would make it unlawful to emit radio or other electronic sound amplification from a parked, stopped, standing, or moving vehicle which can be heard from a distance of 75 feet or more. A very common complaint we received is from citizens frustrated by the loud music emitted from vehicles passing or sitting in front of their homes. Vehicles equipped with amplification equipment powerful enough to shake your home is very common. In order to keep the peace and regulate these sounds, we propose this ordinance. Based on discussion at a recent work session, this is being brought forth for a first reading. RECOMMENDED MOTION: "Move to waive the reading of the ordinance, there being ample copies for the public." RECOMMENDED MOTION: "Move to schedule a second reading of Ordinance No. 1327, being an Ordinance pertaining to the regulation of sound amplification from a parked, stopped, standing, or moving vehicle which can be heard from a distance of 75 feet or more, for June 10, 1996." TMJ:mld 96-234 Attachment COUNCIL ACTION: ORDINANCE NO. 1327 BEING AN ORDINANCE CREATING SECTION 10.108 (8) OF THE COLUMBIA HEIGHTS CITY CODE WHICH MAKES IT UNLAWFUL TO EMIT RADIO OR OTHER ELECTRONIC SOUND AMPLIFICATION FROM A PARKED~ STOPPED~ STANDING, OR MOVING VEHICLE WHICH CAN BE HEARD FROM A DISTANCE OF 75 FEET OR MORE. Sec.8 Radios or other electronic sound amplification devices. Subd. 1 No person may operate or park, stop, or leave standing a motor vehicle while using a radio or other electronic sound amplification device emitting sound from or around the vehicle that is audible from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following: 1. the operator of an authorized emergency vehicle when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire call. 2. The operator of a vehicle of a public utility. 3. The operator of a vehicle that is being used for advertising purposes. 4. The operator of a vehicle that is being used in a licensed or permitted event or celebration, procession, or assemblage. 5. The activation of a theft alarm signal device. Subd. 2. A violation of this section is a petty misdemeanor. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading:. Date of Passage:. CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: I TEHS FOR CON- NO. 7 S I DERAT1 0N/0rdinances ITEM: Proposed Ordinance #1327 ORIGINATING DEPARTMENT POLICE / BY: Thomas M. John~'x'~ DATE: May 22, 1996 '~ q CITY MANAGER APPR ~O~r/-///~ Attached is a proposed ordinance which would make it unlawful to emit radio or other electronic sound amplification from a parked, stopped, standing, or moving vehicle which can be heard from a distance of 75 feet or more. A very common complaint we received is from citizens frustrated by the loud music emitted from vehicles passing or sitting in front of their homes. Vehicles equipped with amplification equipment powerful enough to shake your home is very common. In order to keep the peace and regulate these sounds, we propose this ordinance. Based on discussion at a recent work session, this is being brought forth for a first reading. RECOMMENDED MOTION: "Move to waive the reading of the ordinance, there being ample copies for the public." RECOMMENDED MOTION: "Move to schedule a second reading of Ordinance No. 1327, being an Ordinance pertaining to the regulation of sound amplification from a parked, stopped, standing, or moving vehicle which can be heard from a distance of 75 feet or more, for June 10, 1996." TMJ:mld 96-234 Attachment COUNCIL ACTION: ORDINANCE NO. 1327 BEING AN ORDINANCE CREATING SECTION 10.108 (8) OF THE COLUMBIA HEIGHTS CITY CODE WHICH MAKES IT UNLAWFUL TO EMIT RADIO OR OTHER ELECTRONIC SOUND AMPLIFICATION FROM A PARKED, STOPPED, STANDING, OR MOVING VEHICLE WHICH CAN BE HEARD FROM A DISTANCE OF 75 FEET OR MORE. Sec.8 Radios or other electronic sound amplification devices. Subd. 1 No person may operate or park, stop, or leave standing a motor vehicle while using a radio or other electronic sound amplification device emitting sound from or around the vehicle that is audible from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following: 1. the operator of an authorized emergency vehicle when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire call. 2. The operator of a vehicle of a public utility. 3. The operator of a vehicle that is being used for advertising purposes. 4. The operator of a vehicle that is being used in a licensed or permitted event or celebration, procession, or assemblage. 5. The activation of a theft alarm signal device. Subd. 2. A violation of this section is a petty misdemeanor. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: May 28, t996 CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions/Ordinances CITY MANAGER'S APPROV~ //~/~ ~/ NO: 7 ITEM: FIRST READING OF ORDINANCE NO. 1328, BY: M. WINSON AN ORDINANCE CALLING FOR THE DATE: 5-23-96 DA _ARANDONMENT OF THE CITY CHARTER NO: The City Council has been reviewing the issue of whether the City should remain a home rule city under its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City government, the powers available to the City, and the responsibilities of the principally elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government is that afforded by the State Statutes. If a city does not have a home rule charter, the City is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. The attached comparison of the two prepared by the City Attorney would indicate that there are only two major items in the Charter that are not available in statutes. These are: - Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to initiate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. - Mayoral control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions of the City Charter are covered by or superseded by provisions of the State Statutes, the City Council has expressed the desire to place the issue of abandoning the Charter for statutory rule on the upcoming general election ballot. To place the question on the ballot, the attached ordinance must be passed. The ordinance proposing abandonment of the Charter is then submitted to the Charter Commission for review, with the commission having 60 days to either approve or reject the proposal. Upon receipt of the Commission's recommendation, the Council submits the issue to the voters. If 51% of the votes cast on the proposal favor abandonment, the Charter is considered abandoned thirty days from the date of election, or as otherwise provided for in the proposal. The City would then operate under the statute. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOM/&ENDED MOTION: Move to establish June 10, 1996, at approximately 7:00 P.M. as the second reading of Ordinance No. 1328, an Ordinance calling for the abandonment of the City Charter. COUNCIL ACTION: ORDINANCE NO. 1328 AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS RELATING TO THE ABANDONMENT OF THE COLUMBIA HEIGHTS CITY CHARTER The City of Columbia Heights does ordain: Section 1: That the City Council of the City of Columbia Heights hereby proposes the abandonment of the Columbia Heights City Charter. Section 2: That the abandonment of the City Charter shall be completed in compliance with Minnesota Statute 410.12, Subd. 5. Section 3: Commission. That the City Council shall submit this proposed ordinance to the Charter Section 4: That within sixty (60) days after submission by the Council, the Charter Commission shall review the proposed abandonment and shall approve or reject the proposal. Section 5: That upon prompt notification of the Charter Commission's action, the Council shall submit the proposed abandonment to the people in the manner as provided by Minnesota Statute 410.12, Subd. 4. Section 6: That the City will select and operate as an Optional Plan Statutory City if the charter abandonment is approved by the City electors. Section 7: That this Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary May 24, 1996 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gary L. Peterson Mark A. Wir~on Dear Charter Commission Member: The Council will be considering at their May 28, 1996, meeting an ordinance proposing abandonment of the City Charter. Should the Council approve this ordinance, the issue will be forwarded to the Charter Commission for review. As you are no doubt aware, the City and the Charter will celebrate its 75th anniversary this year. The Charter has served the needs of the City well over this time. Over the past several months, the Council has been reviewing the provisions of the Charter as they relate to the powers and responsibilities afforded by State Statute. Many of the provisions contained in the Charter are either matched or superseded by provisions of the State Statute. It would appear that the two most obvious differences are in the areas of initiative, referendum, and recall and control of the police department. The decision to start the process of putting the question as to whether the City should continue under home rule is not based on any dissatisfaction with the efforts of the Charter Commission. The Commission has tackled many tough tasks over the years in order to protect the integrity of our Charter, while keeping it current with the changes that have occurred in governance and society. I suggest that during the review period specified by the attached ordinance, that the Commission and Council meet jointly to discuss the future of the City and its Charter. If you have any questions regarding the intentions and reasoning of the Council in starting this process of putting the Charter issue on the November ballot, please feel free to contact myself or other Councilmembers. Sincerely, Mayor cb 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia He~hts does not discriminate on the bosis of disability in employment or the provision of services Equal Opportunity Employer CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S RESOLUTIONS/ORDINANCES CITY MANAGER'S APPROVAL NO: 7 ~ ITEM: APPOINTTIENT OF WALTER FEHST AS CITY BY: L. MAGEE.~~ BY: _MANAGER OF THE CITY OF COLUMBIA HEIGHTS DATE: 5-24-96/~ ~, DATE: NO: ~ 7 A 5) · --~ Since the resignation of Patrick Hentges as City Manager in February of 1996, the City Council, with the assistance of The Brimeyer Group, has conducted an extensive search for candidates. After conducting interviews, an offer was made to Walter Fehst. We were notified the evening of May 23 that Mr Fehst accepted the position. Mr. Fehst will begin employment as City Manager for the City of Columbia Heights on July 8, 1996. He will be spending about a week to ten days in the City of ColunLbia Heights, beginning June 3, to become familiar with the organization and allow for a smooth transition. Attached is a resolution which highlights the terms and conditions of his employment. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOF/MENDED MOTION: Move to adopt Resolution 96-47, a resolution appointing Walter Fehst as City Manager of the City of Columbia Heights, effective July 8, 1996. COUNCIL ACTION: RESOLUTION NO. 96- /47 WHEREAS, the position of City Manager became vacant on February 2, 1996, due to the resignation of Patrick Hentges; and, WHEREAS, the City Council has, with the assistance of a consultant, conducted an extensive search for candidates for City Manager; and, WHEREAS, after a thorough process to select a finalist from among a group endorsed by the consultant, the Council has selected Walter Fehst; and, WHEREAS, discussions with Walter Fehst have provided mutually acceptable terms and conditions of employment; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby appoint Walter Fehst, City Manager, of the City of Columbia Heights, effective July 8, 1996, under the following terms and conditions of employment: t. The City Manager shall be compensated at the annual salary of $72,000. The City Council will conduct a performance evaluation at six months. Subject to satisfactory performance evaluation, the salary could increase to $75,000. A performance evaluation will be conducted at 12 months, and the Council will consider an additional salary increase at that time. Thereafter, performance evaluations will occur at 12 month intervals. Thereafter, salary adjustments will take place at the same time as other management employees. In the event the City reduces the salary or other benefits of the City Manager any time during the term of the agreement in a greater percentage than for all other management employees, or in the event the City suggests (whether formally or informally) that the City Manager resign, the City Manager may be deemed terminated at the date of reduction or such notice within the context of the severance provision. The City Manager has the option to participate in the State's Public Employees Retirement Association or in a deferred compensation plan through the City. In the event the City Manager decides to opt out of PERA, the City will contribute an amount to a deferred compensation plan in the same percentage as the City would have contributed to PERA. In addition, the City Manager is eligible to participate in the City's deferred compensation plan wherein the City will match up to a $500 contribution made by the employee. The City Manager may also participate in other qualified pension or deferred compensation plans subject to future negotiations with the City Council. The City Manager will participate in the City's medical, dental, and life insurance program on the same basis as other management employees. It is understood that should there be any change in these benefit provisions for other employees, that the City Manager is also eligible to participate in the benefit package. The City Manager will receive the same number of holidays as granted to other management employees. The vacation schedule will allow for three weeks during the first year of employment and four weeks the second year and thereafter. The City Manager will be granted a 60 day bank of sick leave upon employment. Thereafter, the City Manager will earn one day per month against the sick leave bank. 7. Alt accumulations of sick leave and vacation time will be in accordance with City policy. The City Manager will receive a car allowance of $250 per month for the use of his personal automobile on behalf of City business within the Twin Cities metropolitan area. Any travel on behalf of the City outside of the area will be reimbursed on a per mile basis per City policy and IRS regulations. o 10. The City will pay transportation, lodging, and related expenses for the City Manager and his spouse to visit the City for purposes of finding permanent housing. The City will also pay the cost of relocating the City Manager's family and household goods from Mountlake Terrace to Columbia Heights. In recognition of the fact that the City Manager will assume employment prior to relocating his f,rnily and household goods to Columbia Heights, the City will provide him with temporary living expenses at the rate of $1,000 per month not to exceed three months. 11. The City will pay all dues and related expenses, including conferences, to participate in the appropriate professional organizations including the International City/County Management Association, Minnesota City/County Management Association, League of Minnesota Cities, and other related professional and municipal organizations. The City will also reimburse the City Manager for business expenses related to the cost of doing business for the City. 12. Upon employment, the City Manager is employed for a period of one year. He is subject to removal by City Council with or without cause. He will be employed for additional one year periods of employment, subject to the right of the Council to provide notice that they intend not to renew the automatic one-year renewal. If the Council decides to exercise that option, they must give the City Manager notice per the following schedule: Within the fkst year - five months; Within the second year - four months; Within the third year - three months; and thereafter, three months notice. Should the City Manager be found guilty of a felony, malfeasance, misfeasance, or nonfeasance while in office, the terms and conditions of the severance provision shall not apply. If the City Manager decides to leave employment with the City, he must give at least a 30 day notice of his intent to resign. 13. The City will defend, save harmless, and indemnify the City Manager against any negligence or professional liability claim, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties as City Manager. The City will compromise and settle any such claims or suit, and pay the amount of any settlement or judgment rendered thereon. The City will not indemnify the City Manager for deliberate acts in violation on his part such as assault, theft, etc. Passed this 28th day of May, 1996. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 5/28/96 AGENDA SECTION: I TENS FOR CONS I D ERAT I ON ORIGINATING DEPARTMENT: CITY MANAGER NO. 7 Bid Considerations PUBLIC WORKStJL'~ ITEM: AWARD OF 1996 MISCELLANEOUS BY: M. Winson r,-,~,,, BY: NO. CONCRETE REPAIRS PROJECT #9600 DATE: 5/20/96'lt'V DATE: On January 22, 1996, Council authorized staff to seek sealed bids for the 1996 Miscellaneous Concrete Repairs and Installations, Municipal Project #9600. Specifications were sent to four companies. Three sealed bids were received for the bid opening on May 16, 1996, at 9:00 A.M. Staff is recommending award of the work to Advanced Concrete. RECOMMENDED MOTION: Move to award the 1996 Miscellaneous Concrete Repairs and Installations, Municipal Project #9600, to Advanced Concrete, Inc. of Richfield, Minnesota, based upon their low, qualified, responsible bid in the amount of $21,956.00 with funds to be appropriated from Fund 401-59600-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW:jb 96-210 COUNCIL ACTION: ~--CO O0 O0 oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo oo v- co oo oo oo oo e- oo oo o~0 OLD Ob- O0 O0 O0 O0 O0 O0 O0 oo oo oo oo o o OO oo oo oo oo oo oo oo oo ~- o o o o o o o o o co o o o o o o CITY COUNCIL LETTER Meetinq of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVA~ ITEM: REJECTION OF BIDS FOR 1996 STREET BY: M. WINSON NO: ~ __ Bids were opened for the 1996 Street Rehabilitation Project on May 17. Plans an specifications were requested by nine firms, eight of which would be considered prime contractors for this project. Only one bid was received. The bid was submitted by Midwest Asphalt Corporation in the amount of $649,882.95. The Engineer's Estimate presented at the April 1, 1996, I~provement Hearing was $497,034. Without raising the assessments, an additional $152,849 of City funding would be needed of which $20,674 would be from the sewer construction fund, $2,396 from the water construction fund, and $129,779 from the Infrastructure fund. in discussions with contractors that reviewed the plans and specifications, the following are some of the factors that added to the cost: 1. Concrete contractors have plenty of work this season, so prices have increased over 60% for curb and gutter work. 2. Our street specification with regard to cold-in-place recycling procedure leads to double handling of the recycled material. 3. The specified time limits for the construction is tight. This was done to have the construction work complete before the sealcoating in the zone. 4. There are a number of large paving projects already let for the time frame of the City's project. This limits the resources available to do our project within the specified time frame which tends to raise the bid price. Additionally, there were a number of items added to the project after the Improvement Hearing. These included: - storm sewer work on Leander. - storm sewer and water main repairs on McLeod. - inclusion of a number of driveway and sidewalk replacements in response to concerns expressed at the Improvement Hearing. Staff requests the opportunity to fully evaluate the plans and specifications in light of the feedback that has been received in order to determine how the project requirements can be modified in order to bring the cost down without sacrificing the final quality. Staff fully realizes that the Zone 1 construction needs to be started this year in order to keep the momentum rolling on this significant and important program. To this end, staff would look to rebidding the project with the intent for construction to commence in September. It is hoped that there will be more interest by contractors with this time frame. Staff is recommending that the only bid for this project be rejected, as the bid exceeds the funding available for this project. RECOMMENDED MOTION: Move to reject all bids submitted for the 1996 Street Rehabilitation Zone 1 Project, as all bids exceed the available funding and furthermore, direct staff to re- evaluate the plans and specifications and report back to the Council on the feasibility of rebidding the project. COUNCIL ACTION: BID TABULATION - 1996 STREET REHABILITATION - ZONE 1 PLAN HOLDER'S LIST 1. ASHBACH CONSTRUCTION CO., iNC. 5. MIDWEST ASPHALT CORP. 2. C.S. McCROSSAN CONSTRUCTION CO.,INC. 6. PENN CONTRACTING 3. HARDRIVES, INC. 7. STEPANIAK CONSTRUCTION 4. LAN DAR, INC. 8. VALLEY PAVING 9. W.B. MILLER BID OPENING: FRIDAY, MAY 17, 1996; 9:00 A.M. NO. DESCRIPTION QUANTITY UNIT I REMOVE CONCRETE CURB &GUTTER 6,387 LF. 2 REMOVE CONCRETE DRIVEWAY APRON 7,574 S.F. $ REMOVE CONCRETE WALK 2,404 S.F. 4 REMOVE BITUMINOUS SURFACE 7,415 S.Y. 5 REMOVE BITUMINOUS DRIVEWAY/APRON 471 S.Y. 6 REMOVE CATCH BASIN 10 Ea. 7 REMOVE R.C.P. 68 L.F. 8 REMOVE C.M.P. 164 L.F. 9 REMOVE V.C.P. 6 L.F. 10 REMOVE 4' WATER MAIN 20 LF. 11 REMOVE WATER SERVICE 16 Ea. 12 SAW CUT CONCRETE 374 L.F. 13 SAW CUT BtTUMINOUS 1,581 L.F. 14 MILL BITUMINOUS PAVEMENT 8,860 S.Y. 15 REMOVE EXCESS RECYCLED BASE (L.V.) 1,535 C.Y. 16 SALVAGE CATCH BASIN CASTING 11 Ea. 17 6' D.I.P. WATERMAIN 20 L.F. 18 4' TO6" SLEEVE 1 Ea. 19 1' CORPORATION 16 Ea. 20 1' STOP BOX 16 Ea. 21 1" K TYPE COPPER PiPE 480 L.F. 22 WATER SERVICE DETERMINATION 16 Ea. 23 RELOCATE STOP BOX 2 Ea. 24 12' R.C.P. 140 L.F. 25 15" R.C.P. 110 L.F. 26 CONSTRUCT CATCH BASIN 10 Ea. 27 INSTALL CATCH BASIN CASTING 11 Ea. 28 8" P.V.C. PIPE SEWER 6 L.F. 29 8" P.V.C. TO 8" V.C.P. SLEEVE 2 Ea. ,30 COMMON EXCAVATION (P) 2,723 C.Y. 31 SUBGRADE EXCAVATION 2,220 C.Y. 32 GRANULAR BORROW (L.V.) 722 C.Y. 33 PIPE BEDDING 5 Ton 34 4' RECYCLED BASE (L.V.) 816 C.Y. $5 AGGREGATE BASE CLASS 5 1,959 Ton 36 4' C-I-P RECYCLED BASE 16,300 S.Y. 37 BITUMINOUS MATERIAL FOR COLD MIXTURE 107 Ton 38 BITUMINOUS MATERIAL FOR SEALING 816 Gat. 39 TYPE 41 WEARING COURSE MIXTURE 3,808 Ton 40 TYPE 41 BINDER COURSE MIXTURE 2,568 Ton 41 PATCH BITUMINOUS STREET 1,120 S.Y. 42 BITUMINOUS DRIVEWAY 200 S.Y. 43 TACK COAT 1,588 Gal. 44 4' CONCRETE WALK 964 S.F. 45 6' CONCRETE WALK 1,262 S.F. 46 6' CONCRETE WALK 268 S.F. 47 CONCRETE CURB AND GU'Fi'ER 8,560 L.F. 48 6' CONCRETE DRIVEWAY APRON 9,987 S.F. 49 8' CONCRETE DRIVEWAY APRON 386 S.F. 50 LOOP DETECTOR 3 Ea. 51 LANDSCAPE RESIDENCE-4332 L (LEANDER) 1 L.S. 52 LANDSCAPE RESIDENCE-4328 R (RESERVOIR) 1 L.S. 53 LANDSCAPE RESIDENCE- 4320 R I L.S. 54 TRANSPLANT OR REPLACE TREE CLUMP - 4320 R 1 Ea. 55 TRANSPLANT OR REPLACE HEDGE BUSH - 4326 L 6 Ea. 56 TRANSPLANT TREE 2 Ea. 57 SOD WITH TOPSOIL 3,938 S.Y. TOTAL BID MIDWEST ASPHALT UNIT PRICE TOTAL $4.50 $28,741.50 $1.50 $11,361.00 $1.00 $2,404.00 $1.00 $7,415.00 $2.00 $942,00 $220.00 $2,200.00 $6.50 $442.00 $6.50 $1,066.00 $11.00 $66.00 $11.00 $220.00 $135.00 $2,160.00 $3.00 $1,122.00 $2.00 $3,162.00 $0.95 $8,417.00 $5.25 $3,058.75 $70.00 $770.00 $83.00 $1,660.00 $435.00 $435.00 $270.00 $4,320.00 $220.00 $3,520.00 $16.25 $7,800.00 $345.00 $5,520.00 $435.00 $870.00 $30.00 $4,200.00 $31.00 $3,410.00 $1,450.00 $14,500.00 $260.00 $2,860.00 $315.00 $1,890.00 $135.00 $270.00 $8.50 $23,145.50 $8.50 $18,870.00 $8.50 $6,137.00 $16.25 $81.25 $9.00 $7,344.00 $7.65 $14,986.35 $5.60 $91,280.00 $140.00 $14,980.00 $2.55 $2,080.80 $26.10 $99,388.80 $25.70 $65,997.60 $6.50 $7,280.00 $12.75 $2,550.00 $1.60 $2,540.80 $3.70 $3,566.80 $3.70 $4,669.40 $4.00 $1,072.00 $11.50 $98,440.00 $3.70 $36,951.90 $4.00 $1,544.oo $550.00 $1,650.00 $875.00 $875.00 $875.00 $875.00 $875.00 $875.00 $230.00 $230.00 $230.00 $1,380.00 $230.00 $460.00 $2.75 $10,829.50 $649,882.95 ENGINEER'S ESTIMATE $497,0;34.00 STREET RECONSTRUCTION P.I.R. 906 - COLUMBIA HEIGHTS PROJECT 9415 GOULD AVENUE, CENTRAL AVE. TO RESERVOIR BLVD. P.I.R. 910 - COLUMBIA HEIGHTS PROJECT 9419 LEANDER LANE, ROYCE ST. TO 44TH AVE. IMPROVEMENT HEARING ESTIMATE UNIT NO. DESCRIPTION QUANT. UNIT PRICE TOTAL I REMOVE CONCRETE CURB & GUTTER 2,670 L.F. $4.00 $10,680.00 2 REMOVE CONCRETE DRIVEWAY APRON 2,830 S.F. $2.00 $5,660.00 3 REMOVE CONCRETE WALK S.F. $0.00 $0.00 4 REMOVE BITUMINOUS SURFACE 7,350 S.Y. $2.00 $14,700.00 5 REMOVE BITUMINOUS DRIVEWAY / APRON 230 S.Y. $2.00 $460.00 6 REMOVE CATCH BASIN 4 Ea. $150.00 $600.00 7 REMOVE R.C.P. 100 L.F. $6.00 $600.00 8 REMOVE WATER SERVICE Ea. $0.00 $0.00 9 SAW CUT CONCRETE L.F. $0.00 $0.00 10 SAW CUT BITUMINOUS L.F. $0.00 $0.00 11 SALVAGE CATCH BASIN CASTING 2 Ea. $50.00 $100.00 12 1" CORPORATION 31 Ea. $200.00 $6,200.00 13 1' STOP BOX 31 Ea. $200.00 $6.200.00 14 1' KTYPE COPPER PIPE 930 L.F. $20.00 $18,600.00 15 WATER SERVICE DETERMINATION Ea. $0.00 $0.00 16 RELOCATE STOP BOX 5 Ea. $750.00 $3,750.00 17 12' R.C.P. 100 L.F. $25.00 $2,500.00 18 CONSTRUCT CATCH BASIN 6 Ea. $1,000.00 $6,000.00 19 INSTALL CATCH BASIN CASTING 6 Ea. $200.00 $1,200.00 20 COMMON EXCAVATION (P) 2,180 C.Y. $4.00 $8,720.00 21 SUBGRADE EXCAVATION 2,180 C.Y. $4.00 $8,720.00 22 GRANULAR BORROW (L.V.) 720 C.Y. $6.00 $4,320.00 23 4" RECYCLED SASE (L.V.) 1,700 C.Y. $4.00 $6,800.00 24 AGGREGATE BASE CLASS 5 Ton $0.00 $0.00 25 TYPE 41 WEARING COURSE MIXTURE 760 Ton $27.00 $20,520.00 26 TYPE 41 BINDER COURSE MIXTURE 760 Ton $27.00 $20,520.00 27 BITUMINOUS DRIVEWAY 240 S.Y. $15.00 $3,600.00 28 TACK COAT Gal. $0.00 $0.00 29 4' CONCRETE WALK 460 S.F. $2.50 $1,150.00 30 6" CONCRETE WALK S.F. $0.00 $0.00 31 8' CONCRETE WALK S.F. $0.00 $0.00 32 CONCRETE CURB AND GUTTER ~,590 L.F. $7.00 $32,130.00 33 6' CONCRETE DRIVEWAY APRON 4,080 S.F. $4.00 $16,320.00 34 8" CONCRETE DRIVEWAY APRON S.F. $0.00 $0.00 35 LANDSCAPE RESIDENCE- 4332 L (LEANDER) L.S. $0.00 $0.00 36 LANDSCAPE RESIDENCE- 4328 R (RESERVOIR) L.S. $0.00 $0.00 37 LANDSCAPE RESIDENCE - 4320 R L.S. $0.00 $0.00 38 TRANSPLANT OR REPLACE TREE CLUMP - 4320 R Ea. $0.00 $0.00 39 TRANSPLANT OR REPLACE HEDGE BUSH - 4326 L Ea. $0.00 $0.00 40 TRANSPLANT TREE Ea. $0.00 $3.00 41 SOD WITH TOPSOIL 3,580 S.Y. $3.00 $10,740.00 ADJUST MANHOLES 12 Ea. $200.00 $2,400.00 PROPOSAL BY MIDWEST ASPHALT UNIT QUANT. UNIT PRICE TOTAL 2,602 L.F. $4.50 $11,709.00 3,182 S.F. $1.50 $4,773.00 2,404 S,F. $1.00 $2,404.00 7,345 S.Y. $1.00 $7,345.00 270 S.Y. $2.00 $540.00 8 Ea. $220.00 $1,760.00 68 L.F. $6.50 $442.00 16 Ea. $135.00 ' $2,160.00 60 L.F. $3.00 $180.00 340 L.F. $2.00 $680.00 9 Ea. $70.00 $630.00 16' Ea. $270.00 $4,320.00 16 Ea. $220.00 $3,520.00 480 L.F. $16.25 $7,800.00 16 Ea. $345.00 $5,520.00 2 Ea. $435.00 $870.00 86 L.F. $30.00 $2,580.00 8 Ea. $1,450.00 $11,600.00 9 Ea. $260.00 $2,340.00 2,283 C.Y. $8.50 $19,405.50 2,220 C.Y. $8.50 $18,870.00 722 C.Y. $8.50 $6,137.00 816 C.Y. $9.00 $7,344.00 1,481 Ton $7.65 $11,329.65 763 Ton $26.10 $19,914.30 763 Ton $25.70 $19,609.10 200 S.Y. $12.75 $2,550.00 408 Gal. $1.60 $652.80 964 S.F. $3.70 $3,566.80 1,262 S.F. $3.70 $4,669.40 268 S.F. $4.00 $1,072.00 4,442 L.F. $11.50 $51,083.00 3,905 S.F. $3.70 $14,448.50 386 S.F. $4.00 $1,544.00 1 L.S. $875.00 $875.00 I L.S. $875.00 $875.00 I L.S. $875.00 $875.00 1 Ea. $230.00 $230.00 6 Ea. $230.00 $1,380.00 1 Ea. $230.00 $230.00 3,938 S.Y. $2.75 $10,829.50 Ea. $0.00 $0.00 TOTAL BID $213,190.00 $268,663.55 STREET RECONSTRUCTION P.I.R. 906 - COLUMBIA HEIGHTS PROJECT 9415 GOULD AVENUE, CENTRAL AVE. TO RESERVOIR BLVD. P.I.R. 910 - COLUMBIA HEIGHTS PROJECT 9419 LEANDER LANE, ROYCE ST. TO 44TH AVE. RECONSTRUCTION - STREET COST ONLY IMPROVEMENT HEARING ESTIMATE NO. DESCRIPTION QUANT. UNIT UNIT PR. TOTAL 1 REMOVE CONCRETE CURB & GUTTER 2,670 L.F. $4.00 $10,680.00 2 REMOVE CONCRETE DRIVEWAY APRON 2,830 S.F. $2.00 $5,660.00 3 REMOVE CONCRETE WALK S.F, $0.00 $0.00 4 REMOVE BITUMINOUS SURFACE 7,350 S.Y. $2.00 $14,700.00 5 REMOVE BITUMINOUS DRIVEWAY/APRON 230 S.Y. $2.00 $460.00 9 SAW CUT CONCRETE L.F. $0.00 $0.00 10 SAWCUT BITUMINOUS L.F. $0.00 $0.00 16 RELOCATE STOP BOX 5 Ea. $750.00 $3,750.00 20 COMMON EXCAVATION (Pi 2,180 C.Y. $4.00 $8,720.00 21 SUBGRADE EXCAVATION 2,180 C.Y. $4.00 $8,720.00 22 GRANULAR BORROW (L.V.) 720 C.Y. $6.00 $4,320.00 23 4' RECYCLED BASE (L.V.) 1,700 C.Y. $4.00 $6,800.00 24 AGGREGATE BASE CLASS 5 Ton $0.00 $0.00 25 TYPE 41 WEARING COURSE MIXTURE 760 Ton $27.00 $20,520.00 26 TYPE 41 BINDER COURSE MIXTURE 760 Ton $27.00 $20,520.00 27 BITUMINOUS DRIVEWAY 240 S.Y. $15.00 $3,600.00 28 TACK COAT Gal. $0.00 $0.00 29 4' CONCRETE WALK 460 S.F. $2.50 $1,150.00 30 6" CONCRETE WALK S.F. $0.00 $0.00 31 8' CONCRETE WALK S.F. $0.00 $0.00 32 CONCRETE CURB AND GUTTER 4,590 L.F. $7.00 $32,130.00 33 6' CONCRETE DRIVEWAY APRON 4,080 S.F. $4.00 $16,320.00 34 8' CONCRETE DRIVEWAY APRON S.F. $0.00 $0.00 35 LANDSCAPE RESIDENCE- 4332 L (LEANDER) L.S. $0.00 $0.00 36 LANDSCAPE RESIDENCE - 4328 R (RESERVOIR) L.S. $0.00 $0.00 37 LANDSCAPE RESIDENCE- 4320 R L.S. $0.00 $0.00 38 TRANSPLANT OR REPLACE TREE CLUMP - 4320 R Ea. $0.00 $0.00 39 TRANSPLANT OR REPLACE HEDGE BUSH - 4326 L Ea. $0.00 $0.00 40 TRANSPLANT TREE Ea. $0.00 $0.00 41 SOD WITH TOPSOIL 3,580 S.Y. $3.00 $t0,740.00 ADJUST MANHOLES 12 Ea. $200.00 $2,400.00 PROPOSAL bY MIDWEST ASPHALT QUANT. UNIT UNIT PR. TOTAL 2,602 L.F. $4.50 $11,709.00 3,182 S.F. $1.50 $4,773.00 2,404 S.F. $1.00 $2,404.00 7,345 S.Y. $1.00 $7,345.00 270 S.Y. $2.00 $540.00 60 L.F. $3.00 $180.00 340 L.F. $2.00 $680.00 2 Ea. $435.00 $870.00 2,283 C.Y. $8.50 $19,405.50 2,220 C.Y. $8.50 $18,870.00 722 C.Y. $8.50 $6,137.00 816 C.Y. $9.00 $7,344.00 1,481 Ton $7.65 . $11,329.65 763 Ton $26.10 $19,914.30 763 Ton $25.70 $19,609.10 200 S.Y. $12.75 $2,550.00 408 Gal. $1.60 $652.80 964 S.F. $3.70 $3,566.80 1,262 S.F. $3.70 $4,669.40 268 S.F. $4.00 $1,072.00 4,442 L.F. $11.50 $51,083.00 3,905 S.F. $3.70 $14,448.50 386 S.F. $4.00 $1,544.00 I L.S. $875.00 $875.00 1 L.S. $875.00 $875.00 1 L.S. $875.00 $875.00 1 Ea. $230.00 $230.00 6 Ea. $230.00 $1,380.00 1 Ea. $230.00 $230.00 3,936 S.Y. $2.75 $10,829.50 Ea. $0.00 $0.00 TOTAL BID $171,190.00 $225,991.55 RECONSTRUCTION - STORM SEWER COST ONLY IMPROVEMENT HEARING ESTIMATE NO. DESCRIPTION QUANT. UNiT UNIT PR. TOTAL 6 REMOVE CATCH BASIN 4 Ea. $150.00 $600.00 7 REMOVE R.C.P. 100 L.F. $6.00 $600.00 11 SALVAGE CATCH BASIN CASTING 2 Ea. $50.00 $100.00 17 12' R.C.P. 100 L.F. $25.00 $2,500.00 18 CONSTRUCT CATCH BASIN 6 Ea. $1,000.00 $6,000.00 19 INSTALL CATCH BASIN CASTING 6 Ea. $200.00 $1,200.00 PROPOSAL BY MIDWEST ASPHALT QUANT. UNIT UNIT PR. TOTAL 8 Ea. $220.00 $1,760.00 68 L.F. $6.50 $442.00 9 Ea. $70.00 $630.00 86 L.F. $30.00 $2,580.00 8 Ea. $1,450.00 $11,600.00 9 Ea. $260.00 $2,340.00 TOTAL BID $11,000.00 $19,352.00 RECONSTRUCTION - WATER SERVICE REPLACEMENT COST ONLY IMPROVEMENT HEARING ESTIMATE NO. DESCRIPTION QUANT. UNIT UNIT PR. TOTAL 8 REMOVE WATER SERVICE Ea. $0.00 $0.00 12 1' CORPORATION 31 Ea. $200.00 $6,200.00 13 1' STOP BOX 31 Ea. $200.00 $6,200.00 14 1' KTYPE COPPER PIPE 930 L.F. $20.00 $18,600.00 15 WATER SERVICE DETERMINATION Ea. $0.00 $0.00 PROPOSAL BY MIDWEST ASPHALT QUANT. UNIT UNIT PR. TOTAL 16 Ea. $135.00 $2,160.00 16 Ea. $270.00 $4,320.00 16 Ea. $220.00 $3,520.00 480 L.F. $16.25 $7,800.00 16 Ea. $345.00 $5,520.00 TOTAL BID $31,000.00 $23,320.00 " STREET REHABILITATION COLD-IN-PLACE RECYCLE WITH 4" OVERLAY P.I.R. 907 - COLUMBIA HEIGHTS PROJECT 9416 43RD AVENUE N.E., CENTRAL AVE. TO McLEOD ST. P.I.R. 908 - COLUMBIA HEIGHTS PROJECT 9417 McLEOD STREET, RESERVOIR BLVD. TO 45TH AVE. P.1.R. 909 - COLUMBIA HEIGHTS PROJECT 9418 ROYCE STREET, McLEOD ST. TO 44TH AVE. NO. DESCRIPTION I REMOVE CONCRETE CURB & Gu'FrER 2 REMOVE CONCRETE DRIVEWAY APRON 4 REMOVE BITUMINOUS SURFACE 5 REMOVE BITUMINOUS DRIVEWAY/APRON 6 REMOVE CATCH BASIN 8 REMOVE C.M.P. 9 REMOVE V.C.P. 10 REMOVE 4" WATER MAIN 12 SAW CUT CONCRETE 13 SAW CUT BITUMINOUS 15 REMOVE EXCESS RECYCLED BASE (LV.) 16 SALVAGE CATCH BASIN CASTING 17 6" D.I.P. WATERMAIN 18 4" TO 6" SLEEVE 24 12" R.C,P. 25 15" R,C.P. 26 CONSTRUCT CATCH BASIN 27 INSTALL CATCH BASIN CASTING 28 8" P.V.C. PiPE SEWER 29 8" P.V.C. TO 8" V.C.P. SLEEVE 30 COMMON EXCAVATION (P) 33 PIPE BEDDING 35 AGGREGATE BASE CLASS 5 36 4" C-I-P RECYCLED BASE 37 BITUMINOUS MATERIAL FOR COLD MIXTURE 38 BITUMINOUS MATERIAL FOR SEALING 39 TYPE 41 WEARING COURSE MIXTURE 40 TYPE 41 BINDER COURSE MIXTURE 43 TACK COAT 47 CONCRETE CURB AND GLFFFER 48 6" CONCRETE DRIVEWAY APRON IMPROVEMENT HEARING ESTIMATE UNIT QUANT. UNIT PRICE ~TOTA L 2,920 L.F. $4.00 $11,680.00 3,374 S.F, $2.00 $6,748.00 S,Y. $0.00 $0.00 S.Y. $0.00 $0.00 Ea. $0.00 $0.00 L.F. $0.00 $0.00 L.F. $0.00 $0.00 L.F. $0.00 $0.00 L,F. $0.00 $0.00 L.F. $0.00 $0.00 2,440 C.Y. ,$4.00 $9,760.00 Ea. $0.00 $0.00 L.F. $0.00 $0.00 Ea. $0.00 $0.00 L.F. $0.00 $0.00 L.F. $0.00 $0.00 Ea. $0.00 $0.00 Ea. $0.00 $0.00 l.f. $0.00 $0.00 Ea. $0.00 $0.00 C.Y. $0.00 $0.00 Ton $0.00 $0.00 Ton $0.00 $0.00 16,299 S.Y. $2.00 $32,598.00 Ton $0.00 $0.00 Gat. $0.00 $0.00 1,805 Ton $27.00 $48,735.00 1,805 Ton $27.00 $48,735.00 Gal. $0.00 $0.00 3,020 L.F. $8.70 $26,274.00 3,374 S.F. $4.00 $13,496.00 PROPOSAL BY MIDWEST ASPHALT UNIT QUANT. UNIT PRICE TOTAL 3,001 L.F. $4.50 $13,504.50 3,692 S.F. $1.50 $5,538.00 70 S.Y. $1.00 $70.00 72 S.Y. $2.00 $144.00 2 Ea. $220.00 $440.00 164 L.F. $6.50 $1,066.00 6 L.F. $11.00 $66.00 20 L.F. $11.00 $220.00 230 L.F. $3.00 $690.00 481 L.F. $2.00 $962.00 1,535 C.Y. $5.25 $8,058.75 2 Ea. $70.00 $140.00 20 L.F. $83.00 $1,660.00 1 Ea. $435.00 $435.00 54 L.F. $30.00 $1,620.00 110 L.F. $31.00 $3,410.00 2 Ea. $1,450.00 $2,900.00 2 Ea. $260.00 $520.00 6 L.F. $315.00 $1,890.00 2 Ea. $135.00 $270.00 430 C.Y. $8.50 $3,655.00 5 Ton $16.25 $81.25 352 Ton $7.65 $2,692.80 16,300 S.Y. $5.60 $91,280.00 107 Ton $140.00 $14,980.00 816 Gal. $2.55 $2,080.80 1,805 Ton $26.10 $47,110.50 1,805 Ton $25.70 $46,388.50 770 Gal. $1.60 $1,232.00 3,280 L.F. $11.50 $37,720.00 4,128 S.F. $3.70 $15,273.60 TOTAL BID $198,026.00 $306,098.70 STREET REHABILITATION COLD-IN-PLACE RECYCLE WITH 4" OVERLAY P.1.R. 907 - COLUMBIA HEIGHTS PROJECT 9416 43RD AVENUE N.E., CENTRAL AVE. TO McLEOD ST. P.I.R. 908 - COLUMBIA HEIGHTS PROJECT 9417 McLEOD STREET, RESERVOIR BLVD. TO 45TH AVE. P.I.R. 909 - COLUMBIA HEIGHTS PROJECT 9418 ROYCE STREET, McLEOD ST. TO 44TH AVE. COLD-IN-PLACE RECYCLE WITH 4" OVERLAY - STREET COST ONLY IMPROVEMENT HEARING ESTIMATE PROPOSAL BY MIDWEST ASPHALT NO. DESCRIPTION QUANT. UNIT UNIT PR. TOTAL QUANT. UNIT UNIT PR. TOTAL I REMOVE CONCRETE CURB & GU~-rER 2,920 L.F. 2 REMOVE CONCRETE DRIVEWAY APRON 3,374 S.F. 4 REMOVE BITUMINOUS SURFACE S.Y. 5 REMOVE BITUMINOUS DRIVEWAY/APRON S.Y. 12 SAW CUT CONCRETE L.F. 13 SAW CUT BITUMINOUS L.F. 15 REMOVE EXCESS RECYCLED BASE (L.V.) 2,440 C.Y. 30 COMMON EXCAVATION (P) C.Y. 35 AGGREGATE BASE CLASS 5 Ton 36 4" C-I-P RECYCLED BASE 16,299 S.Y. 37 BITUMINOUS MATERIAL FOR COLD MIXTURE Ton 38 BITUMINOUS MATERIAL FOR SEALING Gal. 39 TYPE41 WEARING COURSE MIXTURE 1,805 Ton 40 TYPE41 BINDER COURSE MIXTURE 1,805 Ton 43 TACK COAT Gal. 47 CONCRETE CURBAND GU~-FER 3,020 L.F. 48 6" CONCRETE DRIVEWAY APRON 3,374 S.F. $4.00 $11,680.00 3,001 L.F. $4.50 $13,504.50 $2.00 $6,748.00 3,692 S.F. $1.50 $5,538.00 $0.00 $0.00 70 S.Y. $1.00 $70.00 $0.00 $0.00 72 S.Y. $2.00 $144.00 $0.00 $0.00 230 L.F. $3.00 $690.00 $0.00 $0.00 481 L.F. $2.00 $962.00 $4.00 $9,760.00 1,535 C.Y. $5.25 $8,058.75 $0.00 $0.00 430 C.Y. $8.50 $3,655.00 $0.00 $0.00 352 Ton $7.65 $2,692.80 $2.00 $32,598.00 16,300 S.Y. $5.60 $91,280.00 $0.00 $0.00 107 Ton $140.00 $14,980.00 $0.00 $0.00 816 Gal. $2.55 $2,080.80 $27.00 $48,735.00 1,805 Ton $26.10 $47,110.50 $27.00 $48,735.00 1,805 Ton $25.70 $46,388.50 $0.00 $0.00 770 Gal. $1.60 $1,232.00 $8.70 $26,274.00 3,280 L.F. $11.50 $37,720.00 $4.00 $13,496.00 4,128 S.F. $3.70 $15,273.60 TOTAL BID $198,026.00 $291,380.45 COLD-IN-PLACE RECYCLE WITH 4" OVERLAY - UTILITY COST ONLY IMPROVEMENT HEARING ESTIMATE PROPOSAL BY MIDWEST ASPHALT QUANT. UNIT UNIT PR. TOTAL QUANT. UNIT UNIT PR. TOTAL 6 REMOVE CATCH BASIN 8 REMOVE C.M.P. 9 REMOVE V.C.P. 10 REMOVE 4' WATER MAIN 16 SALVAGE CATCH BASIN CASTING 17 6" D.I.P. WATERMAIN 18 4" TO 6" SLEEVE 24 12" R.C.P. 25 15' R.C.P. 26 CONSTRUCT CATCH BASIN 27 INSTALL CATCH BASIN CASTING 28 8" P.V.C. PIPE SEWER 29 8" P.V.C. TO 8" V.C.P. SLEEVE 33 PIPE BEDDING Ea. $0.00 $0.00 2 Ea. $220.00 $440.00 L.F. $0.00 $0.00 164 L.F. $6.50 $1,066.00 L.F. $0.00 $0.00 6 L.F. $11.00 $66.00 L.F. $0.00 $0.00 20 L.F. $11.00 $220.00 Ea. $0.O0 $0.00 2 Ea. $70.00 $140.00 L.F. $0.00 $0.00 20 L.F. $83.00 $1,660.00 Ea. $0.00 $0.00 I Ea. $435.00 $435.00 L.F. $0.00 $0.00 54 L.F. $30.00 $1,620.00 L.F. $0.00 $0.00 110 L.F. $31.00 $3,410.00 Ea. $0.00 $0.00 2 Ea. $1,450.00 $2,900.00 Ea. $0.00 $0.00 2 Ea. $260.00 $520.00 L.F. $0.00 $0.00 6 L.F. $315.00 $1,890.00 Ea. $0.00 $0.00 2 Ea. $135.00 $270.00 Ton $0.00 $0.00 5 Ton $16.25 $81.25 TOTAL BID $0.00 $14,718.25 STREET REHABILITATION MILL AND 2' OVERLAY P.I.R. 911 - COLUMBIA HEIGHTS PROJECT 9420 PETER'S PLACE, GOULD AVE. TO RESERVOIR BLVD. P,I.R, 912 - COLUMBIA HEIGHTS PROJECT 9421 41ST AVENUE N.E,, CUL-DE-SAC TO RESERVOIR BLVD. P.I.R. 914 - COLUMBIA HEIGHTS PROJECT 9423 45TH AVENUE N.E., CENTRAL AVE. TO McLEOD ST. NO. DESCRIPTION 1 REMOVE CONCRETE CURB & GU'I-FER 2 REMOVE CONCRETE DRIVEWAY APRON 5 REMOVE BITUMINOUS DRIVEWAY/APRON t2 SAW CUT CONCRETE 13 SAW CUT BITUMINOUS 14 MILL BITUMINOUS PAVEMENT 30 COMMON EXCAVATION (P) 35 AGGREGATE BASECLASS 5 39 TYPE 41 WEARING COURSE MIXTURE 41 PATCH BITUMINOUS STREET 43 TACK COAT 47 CONCRETE CURB AND GUTTER 48 6" CONCRETE DRIVEWAY APRON 50 LOOP DETECTOR 56 TRANSPLANT TREE IMPROVEMENT HEARING ESTIMATE PROPOSAL BY MIDWEST ASPHALT UNIT UNIT QUANT. UNIT PRICE TOTAL QUANT. .UNIT PRICE TOTAL 628 L.F. $5.00 $3,140.00 1,408 S.F. $2.00 $2,816.00 S.Y. $0.00 L.F. $0.00 L.F. $0.00 8,860 S.Y. $1.00 $8,860.00 C.Y. $0.00 Ton $0.00 1,230 Ton $30.00 $36,900.00 1,120 S.Y. $15.00 $16,800.00 Gal. $0.00 628 L.F. $15,00 $9,420,00 1,408 S.F. $4.00 $5,632.00 3 Ea. $750.00 $2,250.00 Ea. .$0.00 784 L.F. $4.50 $3,528.00 700 S.F. $1.50 $1,050.00 129 S.Y. $2.00 $258.00 84 L.F. $3.00 $252.00 760 L.F. $2.00 $1,520.00 8,860 S.Y. $0.95 $8,417.00 10 C.Y. $8.50 $85.00 126 Ton $7.65 $963.90 1,240 Ton $26.10 $32,364.00 1,120 S.Y. $6.50 $7,280.00 410 Gal. $1.60 $656.00 838 L.F. $11.50 $9,637.00 1,954 S.F. $3.70 $7,229.80 3 Ea. $550.00 $1,650.00 I Ea. $230.00 $230.00 TOTAL BID $85,818.00 $75,120.70 CITY COUNCIL LETTER Meeting of: May 28, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER' S AP PROVAL~, NO: 7 ~ BY: ITEM: LEASING OF WATER TOWER FOR SITE FOR BY: M. WINSON COMMUNICATION ANTENNA ~7"' ~ DATE: 5-23-9~ ~ "-- DAT NO: C. 1) The City has been approached by SBA, Inc., representing Sprint Spectrura L.P., with regard to leasing space on the City's water tower for PCS antenna. PCS is the next generation of cellular technology. PCS provides digital signals instead of the current analog signal, providing enhanced capability for transmitting data. It is estimated that over 200 antenna sites will be needed to serve the metro area. Sprint Spectrum has been granted one of the first licenses to provide this service in our area. It is anticipated that other licenses will be granted for this service and other wireless communication over the next few years. The companies involved in these services will look to avoid the costs of erecting their own antennas by utilizing existing structures, such as water towers. The latest proposal from SBA is for an initial annual payment of $10,000 per year, with the lease payment escalating at the fixed rate of 4% per year. This is comparable with other rates being charged in the metro area. The lease would run for five years, with three additional five year terms. The major discussions between SBA and the City have centered on lease language. SBA has presented a lease document which their client prefers to use. There are also model leases that have been prepared by a joint effort of the LMC and SPA, and another prepared by the law firm that represents several cities cable commissions. After reviewing the SBA lease, the City Attorney has recommended that it not be used, as it does not provide adequate protection of the City's interests. City staff has informed SBA that we wish to use the LMC/SPu% model lease as the basis of negotiation and have requested that they review this lease for modification. In order to continue negotiations by indicating the City's level of commitment to entering into a lease, staff is requesting that the Council consider authorizing the Mayor and City Manager to enter into a lease agreement contingent on the listed terms of compensation and a final resolution of the lease language. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Sprint Spectrum, L.P., for use of the water tower for the installation of up to twelve antenna elements, contingent on the following: 1. An initial lease rate of $10,000 per year 2. An annual increase to the lease rate of 4% per year 3. Final lease language acceptable to the City Manager and City Attorney. COUNCIL ACTION: May 22, 1996 AD~2~rlSTRATION Mayor Joseph Sturdevant Counc~lmembers Donald G. Jolly Meg Jones Gary L. Peterson Mark A. Winson Mr. David Fischer SBA, Inc. 7625 Metro Boulevard, Suite 235 Edina, MN 55439 RE: Columbia Heights Water Tower Dear David: I have presented the City Council with the photographs you have provided and the latest proposal for compensation. The Council appears to favor entering into a lease: I amprepared to place an item on the May 28, 1996, agenda requesting authorization for the Mayor and City Manager to enter into a lease agreement with Sprint, contingent on the following: 1. An initial annual lease payment of $10, O00/year 2. An annual escalator of 4% per year 3. Lease language acceptable to the City Manager and City Attorney. With regard to the lease language, after review of the lease you provided me, it is the opinion of the City Attorney and myself that substantive changes would need to be made to provide terms acceptable to the City. Attached you will find a marked up copy of the lease agreement that we feel should be used. Please have your clients and attorneys review and indicate any change you must have to be comfortable with the document. I recognize that this is a departure from your past practice and from what I had indicated that I would pursue. The City Council feels quite strongly that if the City is to enter into a lease agreement, there must be adequate protection of the City's interests. The lease document you provided does not accomplish this. If you have questions, please feel free to contact me. ~c~ffn gA'ciW~ins°M~aPg 'eEr' Public Works Director/City Engineer cb Attachment 96/63 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia HeChts does not discriminate on the bosis of disability in employment or the provision of sen6ces Equrd Opportunity Employer SITE LEASE AGREEMENT Between and D&ted: , 1996 ALL PREVIOUS DRAFTS OF THIS AGREEMENT SHOULD BE DISCARDED AS THIS INCORPORATES CERTAIN CHANGES. PLEASE CALL JIM STROMMEN (337-9233) WITH ANY QUESTIONS OR COMMENTS. JMS~02233 $U160-25 .TABLE OF CONTENTS ~AGE 1. Leased Premise~ 2. Rent ..................... 1 (~) u ~ djust e t ' (b) Time of ~Ayment, Taxes ............. 1 3 overnmental Approval Contin~ n ~ ......... 2 (a) Tenant Application ...... ' · · (b) Interference Study ..... ' .......... 2 (c) Non-approval ........ . .... 2 4 Term and R~newals .................. 2 5 Tena Use ............. 2 · _ nt's ....... Pri;ritQ ' 3 (a) User ................... (b) ~ .................... 3 (c) Construction ............ 3 (d) .................... .4 (e) ~aintenance,Improvement Expenses ....... 4 (f) ~eplacements ...... · · ' (g) ~ ........ ~ ............. 4 (h) ,~o interference ............ 4 (i) Access ..... ' ................. 5 (j) ~ayment of Utilities' ] ~ ~ ~ .... ~ ....... 5 6. _Emergency Facilities . . . · .......... 5 7. Additional Mai~ten-~e ~x~s .............. 5 8. Advances in Technology ............. 5 9. ~dditional Buildings ................... 5 10. Defense and Indemnificatio~ (a) General ............... 6 (b) Hazardous Materials (C) .~enant's Warranty ................ 6 11. Insurance ................. 6 (a) ~orker~''C~m~e~s~tio~ ~ ] i ] ] ] ~ ] ] ~ ...... 6 6 (b) General Liability .................. 7 (c) ~utomobile Liability ................ 7 (d) Tenant Property Insuranc~ (e) Hazardous Materials Coverage (f) Adjustment to Insurance Coverage Limits ....... 7 (g) ~dditional Insured - Certificate of Insuranco . . . 7 12. Damage or Destruction ....... ' 13. ,Lease Termination .......... 8 (a) ~vents ~rf Termination : : .............. 8 (b) Notice of Termination ....... 9 (C) ~enant's Liability for'Eiriy'T~r~i~a~ign . 9 (d) .Site Restoration 14. ~imitation of L-~lord' i I t 10 15. Temporary Interruptions of Service . . 10 16. ~enant Interfereno. . ' ........ (a) ~ith Structure ................ 10 (b) With Higher Priori y'Users . . ' ........ " · ....... 10 (c) Interference Study - New Occupants ........ 11 (d) ~nterference - New Occupants 11 17. ~ ........... ....................... 11 JMS102233 $U160-25 i PAGE 18. Condemnati~ ................. ' ..... 11 19 Disputes 12 · ~ ',~d'A~ ;~ ~ ................ 20. Enforceme t t e s' Fees ............ 12 21. Notices ................ 12 22. Authority .......... 13 ~; ~ ......... . 23. ~indin~ c ........... 13 24. Complete ~.,s.~ ~-~e~t; ~ ~ ~ ~ ~ ~ ......... ~ 25. ~overnin~ Law .................... . 13 26. Severability ...................... 13 SU160-25 SITE LEASE AGREEHENT THIS SITE LEASE AGREEMENT ("Lease"), made this day of 'i , 199. between City of.. ~u~,, ~=~-~ , ~,~w~ "Landlord"), and' ~F~,~%- ~~*~ ,L-~. , a..~,r~o ~~~ organized and existing under the laws of ~~ ( "Tenant" ) . For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at , County of , State of Minnesota, legally described in Exhibit A attached hereto, subject tq any and all existing easements, and.a portion of the ~_/~/x_. Water Tower or other structures ("Structure"), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of ch to be reasonably approved by Landlord's Director of 6~u~$ , together with appurtenant easements and access rights ("Leased Premises"). 2. Rent. (a) Amount, Adjustments. As consideration for this Lease, enant shall pay Landlord an annual rent in the amount of I~.~OO for the initial year, which sh~ be increased each yea~ on January 1, by _t~ U~t~r c_: (~) f-/-v~ipercent (~f the previous year's annualized rental,--~_~ (b~ h~,~ ~n.a~unt ~al {~===~ ~ ~h~ consumer Price Index ("CPI"). The CPI United St~ De .... ........... d=A =~ a~u~ually agreed upon Dy T~nan~ "~-__-- _- ~_.. adjust=~, ~h~ --....--..__~-~ .~c.t.ln - f~- ~he previous y~ar sh~l] b~ ~-~tiF!ied by a De~=~age figure, compuLed frcm fr~~, +~-_... n'~,~aratcr~ ....... ~ ~hall b= ~h= CPI.~.=-- ~-_.._ thi~ ~arter of th~ pr~dedin~ yca~ =~d ~he deno~,!~=~u~ uf which zh~ll b,,.- the CPI for the corresponding ~rter nF onc yaa~ =uriier. Such ~car'r ~-+ ..... (= .... _l...d- = ..... f~. ~h= flrsu year, see Faragraph A DelOw). (b) Time of Pa%anent, Taxes. Landlo=d =h=ll rental ~ncre~se~ L~ the Tena~L i~ ~t~ing by the a of e~ch ~car. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the JMS102233 SU160-25 i requirements referenced in Subparagraph 3(a) below by ~ol'/~ (~ > , and Tenant has diligently pursued such requirements, Landlord s~all refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. ~overnmental Approval Cont~nuency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority .so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ("Effective Date") and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this JM$102233 $U160-25 2 Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January i following the expiration date of the Initial Term or of any subsequent Renewal Term. ~~. This Lease shall be automatically renewed for each successive Renewal Term unless either Landlord or Tenant sends written notice of ~n-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 21 of this Lease.] nless aSe shall expire at the end of the Initial Taz~ Tenant sends written ' o Landlord notice ~ ~cordance with Paragraph 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord- approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of _antennas at Landlord-approved location, along with =O~ion 2 represent alternative renewal r~he~ ~ T.~rd and Tenant. Option 1 is a~matic renewal, b~3~-a-t'~o-gives La-ndlor~ ~h~-~$ht of ~n~n=_r_en~~ ~%~n 2 requires an affirmative renewal (unless ' · or cause or otherwise provided i~ ..... - JMS102233 SU160-25 3 Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in ~od repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty-four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. '6. EmerqencY Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy' of the Leased Premises. 8. Advances in Technolo=y. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at this location. 9. Additional Buildin~s. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property JMS102233 SU~60-25 5 cables and appurtenances connected to an accessory buildinG'or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal Government agencies. (c) ~onstruction. Tenant may erect and operate an antenna array in accordanc~ with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. (d) ~. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with Good enGineerinG practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance, ImDrovement Expenses. Ail modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a Good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shali, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) Replacem%nts. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (G) DrawinGs. Tenant shall provide Landlord with as-built drawings o2 the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. JMS102233 SU160-25 4 (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and P~operty Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coverage. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. (f) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 25%. (g) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required JM$t02233 SU160-25 7 described in Exhibit A. At such time as this may occur, Tenant will permit sa~d buildings to be placed immediately adjacent to Tenant's building and will allow "attachments. to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. 10. ~efense and I~e~nificatio-. (a) ~eneral. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant"s Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenant's Warrant¥~ Tenant represents and warrants that its use of the'Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other ternzination of this Lease. 11. Insurance. (a) Workers' Compensation' The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. JMS102233 $U160-25 6 (vi) or by Landlord if it determines that a potential user with .a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part ~f the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon the commencement of this Lease, Tenant shall deposit with Landlord the sum of $5,000.00, which shall be fully refunded to Tenant upon the timely removal of the Antennas Facilities, and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the' following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if JMS102233 9 SU160-25 insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph Il. Tenant will name the Landlord as an Additional Insured on the 'General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not b~,canceled, non-renewed, or materially changed without thirty (30) days prior written notice to the Landlord. 12. .D-~e or Destructio.. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by' Landlord, if its Council decides, for any reason, to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or Dart of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; JMS102233 SU160-25 8 % interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landtord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 17. Assiqnment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For p~rposes of this paragraph, an "affiliate' or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall te~inate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this JM$102233 not claimed and the storage fees and other reasonable costs p~id within thirty (30) days. 14. Limitation of La-dlord's Liabilit~. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord bred%ch of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. TemPorary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated bythe federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 16. ~enant Interference (a) ~ith Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the i~=~Lediate'right to terminate this Lease. (b) With Hiqher Priority Users. If Tenant's Antenna Facilities' cause impermissible interference with higher priority users as set forth in under Subparagraph 5(a) above or with pre- existing tenants, Tenant shall take all measures necessary to correct and eliminate the'interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the JMS102233 su~0-~ 10 22. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. B£ndin~ ~££ec~. This Lease shall run with the Leased Premises. This Lea~%e shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 24. Complete Lease~ Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. ~overninu Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severability. If any term of this Lease is foundkbe oid or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF By Its Mayor By Its City Manager TENANT: , a corporat ion Its JMS102233 Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded ~s compensation' for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter Was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 20. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 21. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: with a copy to: JMS102233 SU160-25 12 STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoin~ instrument was acknowledged before me this day of , 199__, by - , the Mayor and City Manager respectively of th~City of corporation. ' , on behalf of the Notary Public STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199. , by ", the of , on behalf of the corporation. Notary Public JMS102233 SITE LEASE AGREEMENT Between and Dated: , 1996 ALL PREVIOUS DRAFTS OF THIS AGREEMENT SHOULD BE DISCARDED AS THIS INCORPORATES CERTAIN CHANGES. PLEASE CALL JIM STROMMEN (337-9233) WITH ANY QUESTIONS OR COMMENTS. JMS102233 SU160-25 7. 8. 9. 11. 12. 13. 14. 15. 16. 17. TABLE OF CONTENTS PAGE Leased Premises ..................... 1 Rent (a) Amount, Adjustments ................. 1 (b) ,Time of ~yment, Taxes ............... 1 Governmental Approval Contingency ............ 2 (a) Tenant ApDlication ................. 2 (b) Interference Study ................. 2 (c) Non-aDDroval .................... 2 Term and Renewals .................... 2 Tenant's Use ....................... 3 (a) User Priority .................... 3 (b) PurDoses ...................... 3 (c) Construction .................... . 4 (d) ODeration ..................... 4 (e) Maintenance, ImDrovement ExDenses .......... 4 ( f ) ReDlacement s .................... 4 (g) Drawinqs ...................... 4 (h) No Interference .................. 5 ( i ) Access ....................... 5 (j) Payment of Utilities ................ 5 Emergency Facilities ................... 5 Additional Maintenance Expenses ............. 5 Advances in Technology .................. 5 Additional Buildings ................... 5 Defense and Indemnification ............... 6 (a) General ...................... 6 (b) Hazardous Materials ................ 6 (c) Tenant ' s Warranty ................. 6 Insurance ........................ 6 (a) Workers' ComDensat ion ................ 6 (b) General Liability .................. 7 (c) Automobile Liability ................ 7 (d) Tenant ProDerty Insurance .............. 7 (e) Hazardous Materials Coveraqe ............ 7 (f) Adjustment to Insurance Coveraqe Limits ....... 7 (g) Additional Insured - Certificate of Insurance . 7 Damaqe or Destruction .................. 8 Lease Termination .................... 8 (a) Events ~f Termination ................ 8 (b) Notice of Termination ................ 9 (c) Tenant's Liability for Early Termination ...... 9 (d) Site Restoration .................. 9 Limitation of Landlord's Li&billty ........... 10 Temporary Interruptions of Service ........... 10 Tenant Interference .................. 10 (a) With Structure .................. 10 (b) With Higher Priority Users ............ 10 (c) Interference Study - New OccuDants ........ 11 (d) Interference - New OccuDants ........... 11 Assignment ....................... 11 JMS102233 SU160-25 i 18. 19. 20. 21. 22. 23. 24. 25. 26. .PAGE CondemnatiOn ................. ~ ..... Disputes ........................ Enforcement and Attorneys' Fees ............ Notices ........................ Authority . ~ ...................... Binding, Effect~ Complete Lc&se; Amendments ............... ~overnin~ Law ..................... Severability ...................... 11 12 12 12 13 13 13 13 13 $U160-25 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 199 between_ City of. ~Q~f* ~-~ , ~,~w~ ("Landlord") , and ' ~F~t ~- ~-~ . L.~. , a ~,r~o ~~~ organized and existing under the laws of ~~ ( ' Tenant" ) . ., For good and valuable consideration, the parties agree as follows: !. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at , County of , State of Minnesota, legally described in Exhibit A attached hereto, subject t~ any and all existing easements, and a portion of the 0z~/~-z%/~-~ Water Tower or other structures ("Structure"), as more ~articularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of ch to be reasonably approved by Landlord's Director of ~~u~$ , together with appurtenant easements and access rights ("Leased Premises"~. 2. Rent. (a) Amount, Adjustments. As consideration for this Lease, enant shall pay Landlord an annual rent in the amount of {0t ~OO for the initial year, which sh~ be increased each year on January 1, by _~-~ ~~ cf~ (~) ~percent (~f the previous year's annualized rental,~or (b.) by ~ ~ount equal to increase ~n tb~ Consumer Price Index ("CPI"). The CPI sh~13 ~e:_~ ~ ~ ........... 9ublished by the United Statm~ S ' ' =-X =~ ~u~ualty agreed upon Dy ~erz ~_._ adjuste~, .... =.,~ annualized - t~l f~~ous ~art~r of t ' ' ~he CPI f~r the corresDondin~ ~auter mf one }, · ..... ,~ ~=~. ~ ...... ~-~ for '~ ' flrsu year, see Faragraph A Delos) (b) Time of Payment, Taxes. Lan~lozd sh=ll co~unicane ali renta~ ~==~a~e~-%o ~he Tenan~ i~ wzi~ing by %he prec~dln~ De~=~=~ ~ ~f each ~ea-m. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the JMS102233 $U160-25 requirements referenced in Subparagraph 3(a) below and Tenant has diligently pursued such requirements, Landlord small refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. Governmental Approval Contin~ency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority .so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ("Effective Date") and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this JMS102233 SU160-25 2 Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") co~encing on ~anuary 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. ~P-T~k%~--~-~This Lease shall be automatically renewed for each successive Renewal Term unless either Landlord or Tenant sends written notice of h~n-renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 2t of this Lease.] O~ss Tse shall expire at the end of the Init~~ enant sends written_~~ Landlord ~nce with Paragraph 21 o~ 5. Tenant ' s Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: Landlord; Public safety agencies, including law enforcement, fire, and ambulance services, that are not Dart of the Landlord; Other governmental agencies where use is not related to public safety; and Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord- approved co~.~unications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorizec$ to provide to the public. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist ~/1-~ t~vc(~'~ a of .antennas at Landlord-approved location, along with ~O~ption 2 represent alternative renewal ~iqh~m ~f Lan~!~--?~ and Tenant· Option 1 is a~~atic renewal,~ Landlord the right of non-renewal at the end of eac~rm. Option 2 requires an affirmative notice to renew by Te~a~-~does not ~ive z~f~-~C~the right of non- renewal (unless ' ' or cause or otherwise provided in JMS102233 SU160-25 3 cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordanc.~ with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance, Improvement Expenses. Ail modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shali, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) ReDlacem%nts. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (g) Drawinqs. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. JM$102233 SU160-25 4 Said drawings shall be accompanied by a complete and detai'ted inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in ~od repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty-four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. '6. Rmer~ency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy' of the Leased Premises. 8. Advances in Technolo~. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at this location. 9. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property JMS102233 SU160-25 5 described in Exhibit A. At such time as this may occur, Tenant will permit sa~d buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. 10. Defense and I~emnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant"s Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify,and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenant's Warranty.. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance. (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, Do!icy limit, and $500,000 Bodily Injury by disease, each employee. JMS102233 SU160-25 6 (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and P~operty Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coveraqe. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. (f) Adjustment to Insurance Coveraqe Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 25%. (g) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required JM$102233 sul60-~5 7 insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 11. Tenant will name the Landlord as an Additional Insured on the 'General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not b~,canceled, non-renewed, or materially changed without thirty (30) days prior written notice to the Landlord. 12. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination. Except as otherWise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by' Landlord, if its Council decides, for any reason, to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes; (v) by Landtord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; JMS102233 8 SU160-25 (vi) or by Landlord if it determines that a potential user with .a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part z%f the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon the commencement of this Lease, Tenant shall deposit with Landlord the sum of $5,000.00, which shall be fully refunded to Tenant upon the timely removal of the Antennas Facilities, and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the' following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if JMS102233 9 SU160~25 not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord bre.%ch of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. TemPorary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal goverr~ent), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate' right to terminate this Lease. (b) With Hiqher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in under Subparagraph 5(a) above or with pre- existing tenants, Tenant shall take all measures necessary to correct and eliminate the'interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the JMS102233 interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease ir~ediately. (c) Interference Study - New 0ccuDants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 17. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For p~rposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this JMS102233 SU160-25 11 Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation' for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. _ 19. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 20. ~n~orcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 21. Notices. Ail notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: with a copy to: ~M$~022~ 12 SU160-25 22. Author£t~. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Binding Effect. This Lease shall run with the Leased Premises. This Lea~e shall extend to and bind the heirs, personal "representatives, successors and assigns of the parties hereto. 24. Complete Lease~ Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governin~ Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severabilit~. If any term of this Lease is foundkbe oid or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF Its Mayor Its City Manager TENANT: corporation Its JMS102233 $u~60-2~ 13 STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199 , by .~ , the Mayor and City Manager respectively of the City of , on behalf of the corporation. Notary Public STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199__, by , the of , on behalf of the corporation. Notary Public JMS102233 $0~60-2~ 14 TO: FROM: DATE: RE: CITY OF COLUMBIA HEIGHTS MAYOR AND CITY COUNCIL MARK A. WINSON, ACTING CITY MANAGER May 24, 1996 CITY MANAGER' S REPORT REGULAR COUNCIL MEETING OF MAY 28, 1996 1) WATER TOWER IMPROVEMENTS The improvements and painting of the water tower is substantially complete. As of last report the tower is to be filled on Friday, May 24. To my knowledge there have not been any complaints from residents in the area. This can be attributed to the staff's requirements that the neighboring residents be informed by the contractor of the process and the efforts of the contractor to minimize disturbance and keep the neighbors informed. 2) HEIGHTS PRIDE RECAP From every indication, all the numerous Heights Pride events went very well and were well attended. The weather certainly cooperated. The entire celebration and the level of participation reflect favorably on the growing sense of community in Columbia Heights. There is a tremendous mount of effort by the volunteers in putting this celebration together. They should be recognized for their selflessness and dedication to the comm~mity. 3) TAX INCREMENT FINANCING REPORT The Tax Increment Financing Report prepared by the State Auditor has been received through the North Metro Mayors Association. There are two copies available in the office of the City Manager should any member of the Council wish to review the recommendations presented. We can be assured that the next legislature will be utilizing this report as they can continue "fine tune' this important tool available to cities. 4) ESTIMATED 1997 HACA AND LGA The LMC has published an estimate of the aid that will be available to cities through 1997 HACA and LGA. For Columbia Heights these amounts are: HACA $2,177,971 (increase of $66,054 over 1996), LGA $959,628 (increase of $19,546 over 1996) and LPA of $21,188. This totals to $3,158,787. 5) CITY AUCTION Attached you will find a final run down on the results of the City auction. Staff is looking to change the auction date to September in the furore as this will reduce the storage space required for bicycles. 6) PARK AND RECREATION COMMISSION MEMBER RESIGNATION Pat Grady, who has served on the Park and Recreation Commission for several years, has tendered bis resignation from this commission. His insight and dedication to the park and recreation programs will be missed. 7) HILLTOP SEWER AGREEMENT Final agreements have been signed by all involved parties and the court case has been dismissed. Staff will be preparing the first invoice to Hilltop for use of the line shortly. CITY MANAGTER'S REPORT FOR CITY COUNCIL MEETING OF MAY 28, 1996 Page 2 8) WADING POOLS The City maintains three wading pools. One each at Huset, McKenua and Mathiare. These pools are extensively used by children during the snmmer months. Staff has recently become aware of new requirements by the State Department of Health regarding the level of water quality that will be required to operate pools. As each of our pools is between 20 to 30 years old, a number of major improvements will need to be made in order to meet these requirements. Also, the City will be required to provide a higher level monitoring which would increase personnel costs. Staff is in the process of evaluating what improvements will need to be made to in order to open the pools this summer and the impact of this on other activities and programs. In the case that time or funding constraints would result in not opening the pools this summer, staff is preparing a program of information to residents and looking at the potential of enhancing the swimming opportunities at Silver Lake Beach as an alternative. The Park and Recreation Commission has been informed of this situation and staff will keep the Commission and Council updated on the alternatives. 9) 1997 BUDGET PREPARATION SCHEDULE Almost all departments have submitted their proposed 1997 budgets. It is my intent to hold to the budget preparation schedule by meeting with all departments as proposed. As it would be inappropriate for me to make any decisions on the City Manager's Proposed Budget, I will review the individual department budgets with the responsible division or department head in order to provide input to the new City Manager. To: Finance Department From: C ~/ Le~o~'ard Olson, Captain Subject: 1996 City Property Auction Date: May 10, 1996 COLUMBIA H-EIGHTS POLICE DEPARTMENT The final results of the sale is as follows: Public Works Misc P.D. Bikes P.D. Misc Library Admin Inspect. Bike Licenses Total Petty Cash Total funds to Acct:431-00-39101 Attachments cc Chief Johnson $1457.5O 405.00 1108.50 14920.50 13.00 561.50 3450.00 80.00 $21,996.00 75.00 $22071.00 CiTY OF COLUMBIA HEIGHTS 590-40TH AVE NE COLO~BtA HEIGHTS, MH 55421 0875 ~J 8888 8510 85-18-95 11:88:i3 Misc Revenue ACCT: 43i.00.39101 RECEiPT~ 852922 AMT: 82:071.00 PAYOR: COLUMBIA HEIGHTS POLICE AUCTION PROCEEDS TOTAL: 22~871.00 AMOUNT TENDERED CASH: 2.899.58 CHECK: 48100 19~171,50 CHANGE: .00 HAVE A NICE DAY! MIN~i~S COLUMBIA HEIGHTS ECONOMIC DEVELOPMEN~ AUtHORItY (EDA) REGULAR MEETING OF APRIL 16, 1996 1. Call to Order. The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) Board of Commissioners was called to order on Tuesday, April 16, I996 at 7:00 p.m. in the Parkview Villa South Community Room, 965-40th Avenue N.E., Columbia Heights, Minnesota. 2. Roll Call. Commissioners Present: Eusebius Heintz, Richard Dustin, Donald Murzyn Jr., Patricia Jindra, Meg Jones, Gary Peterson, and Bob Ruett/mann. Staff Present: Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary; Jim Bettendorf, Parkview Villa Housing Manager; and Roger Jensen, Anoka County Economic Development Partnership. Others Present: Pat & Reuben Bush, Renie Sufka, Marian Johnson, Mary Harris, and Dorothy Gillette. 3. Minutes. MOTION by Commissioner Heintz, second by Commissioner Jindra, to approve the Minutes of the Regular EDA Board of Commissioners Meeting of March I9, I996 as presented in writing. Roll Call: All Ayes. MOTION CARRIED. 4. Parkview Villa ReDort. Jim Bettendorf reviewed his monthly Parkview Villa Management Report and answered commissioners questions. 5. Economic DeveloDment Authority Business: Mr. Jensen was delayed, therefore President Murzyn started with agenda item B. B. Consider change to Policy on Intra-Building Relocations. The current policy at Parkview Villa North and South regarding Intra-Buiiding relocation has been to allow a tenant to move from one apartment to another in the same building without any charges for the first move. Any subsequent moves was at a cost of $50.00, which could be paid in two (monthly) installments of $25.00. Mr. Bettendorf reported that there had been eight (8) such relocations in the past years. Each unit takes about six (6) hours of staff time and $200 to paint. Mr. Bettendorf suggested, as a cost saving measure, to revise the policy to require a fee for. EVERY Intra-Building relocation. Mr. Bettendorf suggested the Board further consider an increase in the relocation fee to offset, at minimum, the average expense of $200 for painting and maintenance for rent up of the units. This fee would not compensate for the approximately six hours of staff time which would, in effect, be subsidized by the EDA. Any increase in fee could be accommodated by increasing the time period for making monthly installments. The Board was also advised that any increase in fee may discourage tenants from choosing to relocate and may result in tenant opposition to the change and dissatisfac- tion in general. Attached as Amuendix B to the Agenda Packet was a memo dated April I1, 1996 from Jim Bettendorf with copies of the current Occupancy Policy regarding this issue. Discussion followed. MOTION by Commissioner Dustin, second by Commissioner Jindra, to direct staff to revise the Occupancy Policy language for every Intra-Bui!ding Relocation in Parkview Villa North and South to require a Intra-Buiiding relocation fee of SI25.00 which may be paid in up to five monthly installments of $25.00 each for every unit Intra-Buiiding relocation, with the policy change starting on June 1, 1996. Roll Call: All Ayes. MOTION CARRIED. A. Roger Jensen, Anoka County Economic Development Partnership. Mr. Jensen was present to review last months activities. A copy of his written report was enclosed as Auuendix A to the Agenda Packet. Mr. Jensen mentioned that available leasable industrial space in Columbia Heights is very scarce. Various options and possibilities concerning Hilicrest Development, the Columbia Heights Mall, possible opportunities for the vacant Marshall's space, and businesses interested in the Northeast State Bank building (Office Center) were discussed. Two other companies Mr. Jensen is working with are TLC Precision Wafer Technology and Boos Dental. This report was an informational item at this time. EDA REGULAR MEETING MINUTES APRIL 16, 1996 PAGE 2 OF 4 C. Resolution of the Economic Development Authority of Col-mhia Heights, Minnesota Approving Revised Occupancy Policy for Parkview Villa North (Project MN 105001). The Board was asked to adopt Resolution 96-05 which approves a minimum rent of $50. Said rent is scheduled to automatically expire on September 30, 1996 unless extended by congressional legislative action. The Board must establish a minimum rent as required by recent legislation. However, the Board does have some discretion in establishing the minimum rent between $25 and $50 per month. Mr. Bettendorf recommended the minimum rent be set at $50.00 per month which will not affect any of the current residents ability to pay rent. Attached as Appendix C to the Agenda packet was a memo dated April 11, 1996 from Jim Bette~dorf recommending adoption of the draft Resolution 96-05. The existing and revised schedule of rents and HUD Notice of the required change were also enclosed. Jim Bettendorf suggested that in the near future the EDA Board set-up a work session to review and revise the Parkview Villa Occupancy Policy. MOTION by Commissioner Heintz, second by Commissioner Peterson, to approve Resolution 96-05, Resolution of the Economic Development Authority of Columbia Heights, Minnesota Approving Revised Occupancy Policy for Parkview Villa North (Project MNI0500I). Roll Call: All Ayes. MOTION CARRIED. At this time there was discussion regarding Parkview Villa taking applications and giving preference to persons 62 or older and/or disabled. Jim Bettendorf explained HUD regulations regarding the waiting list. Some Commissioners had concerns about the number of younger disabled people moving into the senior highrise. Mr. Bettendorf offered to draft a letter to HUD requesting a designated waiver to allow seniors only on the waiting list. The Commissioners requested Mr. Bettendorf plan to have a special meeting with the Parkview Villa tenants explaining the waiting list and how tenants are selected based upon federal preferences. D. Consider purchase of Col~mbia Heights Professional Building at 4150 Central Avenue N.E. This property has a long history of review by the HRA/City for possible acquisition and marketing of the building and/or lot. The current status is such that the Anoka County Land Manager, Gene Rafferty, has inquired as to what the intentions of the HRA/City will be regarding the latest offer from the County to have the HRA acquire the site for $I0 plus the title transfer fees. The HRA has reviewed this offer at its meetings since October, 1995 without resolution. The Acting City Manager has indicated to Mr. Rafferty that we anticipate a definitive answer of our intentions within 60 days. The most recent notes, to the file, from Mr. Schneider indicate that Mr. Truehart of City-wide Lock is not interested in being relocated again. Mr. Clark of the Columbia Heights Square Shopping Center has interest in the property for use as parking provided there is no increase in taxes. He will develop the property if a suitable financial package using TIE can be arranged, although his ability to arrange funds for a pay-as- you-go program is limited. Based upon this information, the HRA tabled action until further discussions could be held with the owners. Attached as Appendix D to the Agenda Packet was.background information and past minutes. Several options were discussed regarding interest in acquisition of the site and major steps and timetables to accomplish the acquisition. Other issues discussed included environmental contamination/liability, structural integrity, etc. MOTION by President Murzyn, second by Commissioner Jones, to direct the Community Development Director ~o have a Phase I Environmental Study done and a Phase II, if necessary, with the Director and EDA President authorized to approve a cost not to exceed $3,000, then to bring the results back to the EDA for further consideration. Roll Call: All Ayes. MOTION CARRIED. EDA REGULAtt MEETING M'rNI.FI~S APRIL 16, 1996 PAGE 3 OF 4 E. Consider setting Commissioner Compensation/Per Die~. A= =he March 19, I996 meeting of the EDA, =he Board directed staff =o investigate pas= HRA per diem amounts and de=ermine whether the per diem should transfer =o =he Commissioners of the new EDA. Kenneth Anderson, Community Development Director, repot=ed that in investigating he found =ha= the HRAapprovedan /ncrease/n =heir per diem from $25 to $35 per meeting in February ti, 1992. Minnesota Statutes, Sec=ion 469.095, subd. 4 and 469.011, subd. 4 discuss per diem for the EDA and HRA, respectively. For the EDA, the statute indicates commissioners "shall be paid for attending each regular or special meeting of the authority in an amount to be 'determined by the City Council". Commissioners may also be reimbursed for expenses related to EDA business. Anderson also spoke to Steve Bubui of Kennedy and Graven who stated that if the EDA chose not to receive compensation, then it would not be necessary to pay per, diem. MOTION by Commissioner Jindra, second by Commissioner Jones, to pay'compensation~per diem to all EDA Commissioners except for elected officials and reimburse all Commissioners for actual expenses incurred for EDA business in accordance with City policies. It was also recommended that this item be sent to the City Council for their approval with the recommended amount of $35 per meeting being retroactive to the first of the year and paid from the EDA Budget. Roil Call: All Ayes. MOTION CARRIED. F. Parkview Villa Parking Lot Sealing. Enclosed with the Agenda Packet was a memo dated April ii, 1996 from Jim Bettendorf which summarizes a comparison of three bids received for sealing and striping the parking lot. The low bid was submitted by Quality Seal in the amount of S1,640.45. This compares to the budgeted amount of $3,000. Mr. Anderson acknowledged that Mr. Winson and he will execute the necessary agreement to commence this work since there were not objections from the Board of Commissioners. 6. Other Business. Commissioner Murzyn reported that a bill from the Columbia Park Medical Group had been handed out to the Commissioners. He refreshed Commission- ers memory that the EDA pays 19% of maintenance fees for the upkeep of the parking ramp. The Finance Department has asked for the EDA Commissioners approval for this quarterly payment of this bill. Commissioners questioned whether it was necessary for their approval for the payment of the quarterly payment to the Columbia Park Medical Group, plus questioned what amount the Board is authorized to approve and what circumstances required Board approval. MOTION by President Murzyn, second by Commissioner Heintz, =o approve payment of the EDA portion of the maintenance of the Columbia Park Medical Group parking ramp. Roll Call: All Ayes. MOTION CARRIED. Commissioner Ruettimann requested each Commissioner receive a 4" three ring binder to retain agenda items they want to keep. 7. Communitv Development Director/Deputy Executive Director Report: In Mr. Anderson's report he asked Commissioners for their direction in his responsibil- ities regarding purchasing guidelines on a day-to-day basis or what expenditures need to come before the Board. He suggested that clear cut policies be drawn up for purchasing guidelines. Mr. Anderson indicated that he would submit a recommendation at the next monthly meeting regarding how that should transpire. He would like to see that the Commissioners get a copy of monthly revenues and expenditures. Mr. Anderson reviewed his monthly report with the Commissioners and answered their questions. Commissioner Ruettimann asked about updating documentation regarding the Business Revolving Loan Fund. Mr. Anderson agreed to check into the matter. EDAREGULARMEETING MINUTES APRIL 16, 1996 PAGE 4 OF 4 Mr. Anderson reported on the Greater Minneapolis Metropolitan Housing Corporation (GMMHC), a coalition of people working to try to promote low income housing and housing rehabilitation. He stated they have access to additional resources that we currently do not utilize in doing housing programs and they have consented to have an exhibit at the Heights Pride Open House. St. Tim's is in process, Community Partners has been hired, and a preliminary negotiation agreement has been executed with Bruce Nedegaard. Community Partners should have information back to the EDA by the end of May. Mr. Anderson and Mr. Winson have been talking with Community Resource Partnership concerning a business retention and expansion survey of all the businesses in Columbia Heights. The fee for that service is expected to be about $80 per business with approximately 400 businesses resulting in a total See of approximately $32,000. He explained that it might take a -two year time period to complete, but the product received would be very detailed. The survey would address the issues that are important to existing businesses and determine how the City can intercede to deal with their concerns and issues. Mr. Anderson mentioned another item of concern is reviewing purchasing guidelines. He would like to put together a good TIF project status report and bring it back to the Board. He also reported on the housing study which should be complete in draft form by next week. When available, he will provide copies for review and informational purposes. Mr. Anderson said he would like to put together a handbook to give the EDA Commissioners for their use which would have all the basic information concerning what an EDA can do, what they can't do, Tax Increment financing policies, conflict of interest policies, mission statement, goals and objectives, the annual report, a copy of the budget, etc. Mr. Anderson also talked about composing a land and building inventory so we would know what amount of square footage for lease space there is available in the community as well as what types of buildings, purchase prices, etc. He will try to work together with Roger Jensen in order the obtain some of this information. Mr. Anderson complemented Jim Bettendorf on how well Parkview Villa was operating and mentioned he would like to visit with Mr. Bettendorf in order to anticipate any facility problems that may arise in the future and forecast what major capital expenses could be expected, if any. Adjournment. MOTION by Commissioner Heintz, second by Commissioner Dustin, to adjourn the EDA meeting at 9:00 p.m. Roll Call: Ail Ayes. MOTION CARRIED. Respectfully Submitted, Rebecca Townsley Secretary ~ary P~er'sohl ~resident Date bt/agenda DRA MINUTES COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING OF MAY 14, 1996 1. Call to Order. The Special Meeting of the Columbia Heights Economic Development Authority (EPA) Board of Commissioners was called to order by Vice President Peterson in the absence of President Murzyn on Tuesday, May 14, 1996 at 7:00 p.m. in the City Hall Conference Room at 590-40th Avenue N.E., Columbia Heights, Minnesota. 2. Roll Call. Commissioners Present: Eusebius Heintz, Patricia Jindra, Meg Jones, Gary Peterson, and Bob Ruettimann. Commissioners not present: Richard Dustin, Donald Murzyn, Jr. Staff Present: Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary; Mark Winson, Executive Director. Others Present: Don Jolly, Harold Hoium. 3. Accept Resiqnation of Donald J. Murzyn, Jr., President. Enclosed in the Agenda Packet was a letter of resignation submitted by EPA Commissioner Donald J. Murzyn, Jr. dated May 6, i996 and effective May I5, I996. The resignation has been tendered due to a change in employment. Also, enclosed was a current list of the EDA Commissioners and officers. MOTION by Commissioner Heintz, second by Commissioner Jindra, to accept the resignation of President Donald J. Murzyn, Jr. as the President and Commissioner to the Columbia Heights EPA effective May 15, 1996 with recognition and commendation for his years of superlative leadership and service to the former Housing and Redevelopment Authority and Economic Development Authority. Roll Call: All Ayes. MOTION CARRIED. 4. Elect a President. Attached to the Agenda Packet were copies of relevant sections of the EDA By-laws and Minnesota Statutes Section 469.096 regarding election of officers. The EDA may appoint a new President at this meeting to fill the vacancy to the office effective May 15, 1996. MOTION by Commissioner Ruettimann, second by Commissioner Heintz, to elect Vice President Gary L. Peterson to the office of President for the remainder of the vacant annual term. Roll Call: Ail Ayes. MOTION CARRIED. Whereas the Vice President position was left vacant another motion was made. MOTION by Commissioner Peterson, second by Commissioner Jones, to elect Commissioner Ruettimann to the position of Vice President of the EDA. Roll Call: Ail Ayes. MOTION CARRIED. The Commissioners discussed recommending to the Mayor, then to be approved by the City Council, the appointment of City Councilmember Don Jolly as EDA Commissioner to replace Donald J. Murzyn, Jr. 5. Housinq and Redevelopment Authority (HRA) Audit Report for the Year Ended December 31, 1995. Mr. Tom Hodenfield of Tautges, Redpath, and Company, Ltd. was present to discuss the audit findings and answered Commissioners questions con- cerning the HRA audit. Enclosed with the Agenda Packet were copies of the findings for the Commissioners review. Mr. Hodenfield reviewed the various findings, item by item, with the Commission- ers and there was discussion concerning correcting findings. It was brought to the Commissioners attention that in previous years the HRA had a stand alone audit, and their own financial staff, whereas this year since the HRA/EDA has been merged with the City the financial activities have been included in the City's Comprehensive Annual Financial Report (C~R) as a component unit. However, a separate column for the HRA activities was maintained. MINUTES EDA SPECIAL MEETING DRAFT MAY 14, 1996 PAGE 2 OF 3 The majority of the findings in the Audit Report this year were due to a combination of situations, one being the City taking over the financial activities of the HRA/EDA and, secondly, the responsibility and recording of reports of each department were not clearly established. Plus, the HRA had several changes in employees and somehow in the transition certain financial responsibilities were neglected. However, Mr. Anderson, the new Community Development Director, assured the Commissioners that he has been working very closely with the Financial Department in resolving and clarifying financial responsibilities of the City and EDA, and that most of the audit_findings had been corrected and brought into compliance or soon would be. It was further decided, that along with the EDA's financial reporting being included with the City's financial reporting, a separate column showing the EDA activities was preferred by the Commissioners. 6. Review Preliminary 1997 Budqet Issues. Mr. Anderson wanted to make the Board aware that he is working on a draft copy of the preliminary budget and plans to bring it to the EDA Board for review and discussion. He reported that he has been working closely with the Finance Department to establish some new funds/departments to more closely track expenditures and revenues for specific programs, particularly those utilizing federal monies. Furthermore, he discussed various organizational issues which affect budgeting, financial reporting, and the disbursement of funds from the EDA and other functional areas within the Community Development Department. Mr. Anderson briefly discussed the EDA's levy authority and mentioned that he plans on recommending to the City Manager/Executive Director that the EDA exercise some of that authority. Mr. Anderson has discussed this issue with legal counsel, Steve Bubul, and Mr. Bubul feels that we are on sound ground to pursue a levy from a legal standpoint. Mr. Anderson feels that the levy would be important to replenish EDA reserves, to provide funds to recapitalize the Business Revolving Loan Fund program, and also to do additional work planned for 1996. Mr. Anderson mentioned that he would like the EDA to undertake a Business Retention and Expansion survey. Even though initially it would be a fairly significant cost, (about $80 per business with approximately 400 businesses in the community totaling approximately $32,000) he feels we would get a wealth of information on the Columbia Heights business community. Also, the survey would help establish how the EDA would proceed in providing assistance and programs to the businesses in the future. Mr. Anderson suggested levying a portion of that amount for the 1997 Budget and also to solicit private donations. Commissioners questioned if keeping the contract with Roger Jensen of the Anoka County Economic Development Partnership was putting a financial burden on the EDA budget, in view of the financial restraints of the EDA, and considering that Ken Anderson has experience in economic development. Commissioners suggested reviewing the agreement with Roger Jensen and considering alternatives at the next Regular Meeting. Mr. Anderson reviewed with the Commissioners an organizational, chart he generated. He stated the organizational chart and new funds established will help to financially track activities within each fund separately, therefore improving accountability of funds. 7. Other Business. Commissioner Ruettimann suggested that Mr. Anderson get a copy of the North East Business Association (NEBA) Report regarding businesses for sale which might be helpful to us. Mr. Anderson noted he had already done so. Mr. Anderson reported that a purchase agreement has been executed for the Dory and Sons building. The company interested is Region Truck-Equipment, Inc. which is being relocated out of Minneapolis. The company paints trucks and trailers. Financing will include relocation assistance from the MCDA of $50,000 and an SBA $04 5Gan from the Central ~innesota Development Company. DRAFT MINUTES EDA SPECIAL MEETING MAY 14, 1996 PAGE 3 OF 3 Mr. Anderson reported that Metal Treaters~ Inc. will be moving intothe building at 3905 California St. N.E. and a building permit has been issued for renovation work. Mr. Winson informed the Commissioners that he had contact with the DNR on park land conversion. The DNR indicated they had all theinformation they needed and would now take ~he information to the National Park Service with their recommendation for approval. 8. Next Meetinq. Commissioners discussed and decided to have the next EDA Regular Meeting at 6:30 p.m., Monday, May 20, 1996 at ~he City Hall Conference Room, due to School Board elections on our regular meeting date and a scheduled City Council work session on Monday at 8:00 p.m. 9. Adjournment. MOTION by Commissioner Jindra, second by Commissioner Heintz, to adjourn the meeting at 8:30 p.m. Roll Call: All Ayes. MOTION CARRIED. Respectfully Submitted, Rebecca Townsley Secretary Gary L. Peterson, President Date bt/agenda THE MINUTES OF THE CABEE COMMUNICATIONS COMMISSION MEETING OF THURSDAY, MAY 16, 1996 The meeting was called to order at 7:30 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Dennis Stroik, Ruth Graham, Ken Henke, and Steve Mihalchick. Council Representative: Meg Jones City Representative: Linda Magee and Jean Kuehn Cable TV Representative: Kathi Donnelly-Cohen Legal Counsel: Bob Vose The minutes from the March meeting were passed out at the meeting as they were not included in the agenda packets. After reviewing the minutes a motion was made by Meg, seconded by Ruth to approve the minutes from the meeting of March 21, 1996. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine during the channel check. B. Correspondence Log and Complaint Follow Up. Steve Mihalchick had expressed his dissatisfaction with the reception on his television. Meredith sent out a tech and a supervisor to his residence. They changed out some of the cable in Mr. Mihalchick~s home and also repaired a splice on an outside connection. At the meeting, Steve reported that he was satisfied with the reception and that Channel 11 was now coming in good. #95--Linda Ballantine--Linda did not call the cable company with a service complaint, however she did call City Hall. When referred to Meredith, they tried to set up a service call for her residence, however she refused to let anyone in for a week or so. When the company did finally get into the residence, they hooked up her TV to run through the VCR so she could use one remote. Kathi explained that Linda~s TV is not a cable ready set, but her VCR was, and Linda did not wish to use a converter box. So the only way to hook up the equipment to use the universal remote was to do so through the VCR. On May 13th Linda stated she was happy with the fact that the cable tech had solved that problem and that her reception was better. The cable tech had even taken the time to run some cable for an additional TV in her home. However, on May 14th Linda called and stated that she did not like the TV hooked up through the VCR, and she still felt her reception was poor. She apparently doesn't understand that her TV is not a cable ready set. The cable tech stopped by her residence on May 16th as he was in the area, to check on her reception and make sure she was satisfied. She called after that to say she was upset that he had stopped by unannounced. There was a discussion regarding her option of getting an AB switch so she can switch to a regular antenna for the local channels if she feels she gets a clearer picture. A follow-up report will be given at the next meeting. Ce Preliminary Report on Best Available Technology to Refurbish the Cable Distribution System This matter is tabled to a future meeting. CABLE COMMUNICATIONS COMMISSION MINUTES PAGE 2 MAY 16, 1996 De Status on Sale of the System As we were previously notified, Continental Cable has announced they are purchasing the Meredith Cable System. However, at the same time, Continental is being purchased by US West. By law, US West cannot purchase a current cable system within their phone system area, so they will have to obtain a waiver to buy the system and they can only operate the system for 18 months, so another transfer would be imminent. As directed by State Law, the Commission as the franchising authority, has an obligation to review reports and make a recommendation to the City Council for a transfer of ownership so as to protect subscribers. Under Federal Law we have 120 days to do this. Thirty days have already passed. However, since this is not a single transfer, the attorneys and the buyers have compromised for a period of 150- 160 days to complete the review. The buyers have set October 1st as their target date for closing the purchase. A final recommendation will be due by August 22 so the City Council can make a decision by October 1. We will tentatively plan a joint meeting with the City Council on August 15, 1996. The question was raised asking why US West wants to buy Meredith if they have to turn around and sell it. Kathi explained that Continental has holdings all over the world and we are the only state that is in US West territory, so we are a small part of the overall picture. They can simply sell the system in our area and retain ownership of other Continental Systems. Ee As part of the review process, we need to look at the qualifications of the buyer(s). Bob Vose reported that the financial reports are in the process of being reviewed, and the attorneys are preparing a "Request for Information" for both companies who are purchasing Meredith. US West needs to get the waiver to purchase the system, so our approval will be conditional upon them receiving this waiver. Another item that may be considered is the Petition that US West filed with the Public Utilities Commission regarding the cities rights to control their right of ways. This may be considered as a character issue in the transfer. As a point of information, Bob Vose told the Commission that all responses to the Petition are due to the PUC tomorrow, May 17th. Linda asked that the questions that are to be included in the "Request for Information" be given to her as soon as possible so she has time to review them and to submit any changes. Bob Vose reported that our franchise requires the Cable Company to pay the legal fees that will be incurred during the transfer process. The fees will be a "package rate" with all the systems included. The amount allowed for legal expenses is being negotiated with the Cable Company. Steve felt the Commission should be notified of the amount the cable company sets to cover the legal fees to ensure it is enough to do a good job, and to make sure the cities are reimbursed for these expenses. Other Old Business There was no further old business. CABLE COMMUNICATIONS · - COMMISSION MINUTES '- PAGE 3 ~ MAY 16, 1996 NEW BUSINESS A. Ordinance Changing Title and Detailing Duties of Commission Linda reviewed the current Ordinance and explained the changes she made to re-name the Commission and to keep the duties general, to enable the Council to assign functions as they may arise in the future as telecommunications keep changing. The Commission recommended some additional changes be made to the Ordinance. They requested that the term "Franchising" be eliminated from the Ordinance so it would allow the Commission to make recommendations on all telecommunication services, not just those that are done through a franchise. Meg stated that she would like to see the duties of the Commission expand to include coordinating public works projects, or other utility work, together with the installation of special conduit lines that would provide for future telecommunication access needs. Motion by Steve, seconded by Ruth to make the recommended changes to the Ordinance as discussed at the meeting. All ayes. Linda will rewrite the Ordinance and submit the Amended Ordinance to the City Council for approval. Review Annual Report The Commission members thought the report was nicely done. There were no comments or questions. Motion by Ken, seconded by Dennis to accept the 1995 Annual Report as submitted. All ayes. De 1st Quarter Franchise Fees A copy of the 1st quarter franchise fees were included in the agenda packets for the Commissioners information. Other New Business We still have an open seat on the Commission. The City Council is in the process of re-organizing the various commissions. When this process is complete, we may get an additional member appointed. The audio in the Council Chambers is still very poor quality during the council meetings. The service technician from Meredith is not sure if it is in the hard wiring or if it is problems with the wireless microphones. It is beyond his expertise, as he has tried everything within his power to solve the problem. It has been suggested that the three frequencies operating at the same time may cause a phantom frequency problem. It also may be possible we are picking up interference from the walkie talkies from the Fire Dept. who holds fire drills on Monday evenings. Kathi will arrange to have someone from Meredith come and be here on a Monday evening to assist someone more knowledgeable in these types of problems. Jean will try to contact a technician from Alpha Video and coordinate the meeting with the technician from Meredith, and with Ken Henke who also wishes to be present. CABLE COMMUNICATIONS COMMISSION MINUTES PAGE 4 MAY 16, 1996 REPORTS A.Report of the Commissioners There were no reports. B.Report of Meredith Cable Copies of the reports from Meredith were included in the agenda packets. no questions raised. C. Report of the City Attorney There was nothing further to report. D. Report of The Assistant to the City Manager There was nothing further to report. Motion by Ruth, seconded by Meg to adjourn at 9:23 pm. Respectfully submitted, Shelley Hans~ Secretary There were