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Home My WebLink AboutMarch 3, 2008 Work SessionCITY OF COLUMBIA HEIGHTS 890 40`h Avenue NE, Columbia Heights, MN 5.5421-3878 (763)706-3600 TDD (763) 706-3692 G9sit our website at: www.ci.colunibin-heiehts.nut.t~s ADMINISTRATION NOTICE OF CITY COUNCIL MEETING 'iC "tC 3: '~. 3. 7f 7F ~C :Y :E' ~' '3: to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MONDAY, FEBRUARY 3, 2008 Time of Meeting: IMMEDIATELY FOLLOWING SPECIAL CITY COUNCIL MEETING Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION 1. Authorization to seek bids for site landscaping of the City Liquor Stores and Huset Parkway at the roundabout approaches. 2. Verizon Lease Agreement for a new cell tower at the Municipal Service Center. 3. Reappointment of Board and Commission members. ,Mayor u~r;~ 1.. retcr•s.,r, Councilmembers Rnhert.9. {-4''dlium.e Brvrca Nmcrncrl.'r ~unnnc ra LheOxn Bruce k"eLenhcr~ City SLmager 41%uller X. (-ihcr The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, alld 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 Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CITY COUNCIL LETTER Meeting o£ 3/3/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~ < : /~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2008 BY: K. Hansen C BY: ~ SITE LANDSCAPING FOR MUNICIPAL LIQUOR DATE: 2/29/0 DATE: STORES AND HUSET PARKWAY ROUNDABOUT Background: Attached are three landscape plans for the two new municipal liquor stores and Huset Parkway Roundabout. Staff is proposing to bid these projects under one contract to obtain the lowest bids and to expedite their installation in 2008. The scope of work at the liquor stores includes site irrigation of the green space, planting specified trees, shrubs and perennials, installing edging and providing a landscape cover mulch. The scope of work for the Huset Parkway Roundabout is the same but does not include irrigation. The landscape work at the liquor stores was part of the overall site development but not included in the building construction contract. The additional work at the Huset Parkway Roundabout is intended to provide additional screening from the industrial property to the east of the new residential development along Huset Parkway. Funding for each would be provided out of the respective construction project funds. RECOMMENDED MOTION: Move to authorize the advertisement of public bids for 2008 Site Landscaping for Municipal Liquor Stores (2) and Huset Parkway Roundabout. KH:jb COUNCIL ACTION: See Planting Bed F-~-..~------------- on Detail Sheet J I 3-AP See Planfing_ 39TH AVENUE Alternate ~1 & H on- Detoit ' et 2-CA1 BO1 3ECK USG CONFLICTS ~ BO BO 1-B03 ~ I~ ~- 1-BO2 ~' 1-802 Z 0 a w ~ rL w 1-B02 ®~m® rat 1-BO2 CITY PROJ. N0. 2004-04 I hereby certify that ibis plan was prepared 6y me or under DESIGNED By : , SCALE o my direct supervision and that I bm a duly Licensed Professional DRAWN BY: RICH NDRDSTRDM ~ TY (T ~(p~ (/1^ ~f--{rte HUSET PARKWAY Engineer under the lows of the Stote of Minnesota . GATE : SEPTEMBER 2001 C I 1 ~ I C~ L U I V i B ~ H E V H T S ~~ LANDSCAPE SITE LOCATION H-PARKWAY-LS-2.Dw coesreucTED : HORIZCINTAL : NONE Date license No. A56uILT : VERTICAL : NONE SHEET 3 OF 4 ~ rni ic^ u~ x H- .. w z w 7 Q J d H z w U 4' SHREDDED 6 PERENNIAL PLANTING DETAIL DI ANIT b/ATCPI AI C C(`LICil11I C rna aFFCarurr nnnv KEY C M N M TY T MIN. I PR tN R MARKS DECIDUDUS TREES '~ ACER X FREEMAN ',~ffER5RE0' 88 2-1/2° 0. D4ERSTORY ss Muus 'RING scow es z-t/z' a. DvERSTDRv CONIFEROUS TR€E5 NP NDRWAY PINE ~ B. PILAUS SA 8HS ~ HILLS SPRUCE ~ 8" ~ r4NE, s'mSS STGNE ~ T-t/2" 0. OVERSTORY ~ YEW, JAPANESE UPRipiT iAAUS CUSPIDATA 'CAPITATA' SHRUBS ID ISAN71 DOGWUSAI CORNUS SEPoCEA 'ISANTt' pAg EUCNYMUS, DWARF WNCfD YMU AS PACTUS' ~ CLETHRA, HUMMINCBiRD n+RA n Nii A 'HUMMINGB~ ' C*' KHI LIL SYRINGA 417LGARtS VAR. ALBA CV CR"W~RRY VIBURNUM urouRNUM traLwuM 'eaLEY eaMPACt ~ DWARF BURNING BUSH ' EUONYMUS ALATUB CCMPACTUS ~ CRANBEERY COTONEASTER COTONEASIER APICULAIUS PERENNIALS ~1 BLUE RAG IPoS IRIS VER9COLOR d"-COttT. 2i" O.C. @ES R ;EYED SJSUY 4°-CONT 18" O C . . . l8 LITTLE BLVESTEM 4"-CONT 18" O G SCN A TRUIM 5 AR S . . . IG INDIAN f~A55 SORG4ASTRUM NUTANS 4"-CONT. JO' O.C. NOTES: 1. CONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN. 2. ALL SHRUB BEDS SHALL BE MULCHED IMTH 4° DEEP SHREDDED HARDWOOD MULCH 3. ALL PERENNIAL BEGS SHALL HAVE 3" DEEP SHREDDED HARDWOOD MULCH WTHOUT FILTER FABRIC, 4. SINGLE TREE AND EXISTING TREES TO REMAIN SHALL HAVE A 4" DEEP SHREDDED HARDWOOD MULCH RING AROUND EACH 8A5E. DECIDUOUS PLANT MATERIAL SHALL NAVE A 4' DIAMETER RING, AND CONIFEROUS PLANT MATERIAL SHALL HAVE A RING TO THE DRIP LINE. 5. CONTRACTOR IS RESPONSIBLE FOR ON-GOING MAINTENANCE OF ALL NEWLY INSTALLED MATERIALS UNTIL TIME OF OWNER ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO OWNER ACCEPTANCE SHALL BE THE RESPON5(BILITY OF THE CONTRACTOR. 6. NO PLANT MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS PRIOR APPROVAL IS REQUESTED OF THE LANDSCAPE ARCHITECT BY THE LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID AND/OR QUOTATION, 7. CONTRACTOR SHALL VISIT AND INSPECT SITE TO BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK PRIOR TO SUBMITTING 810. I hereby certify that this plan was prepared by me Or under DESIGNED BY : JIM MDLINARt7 SCALE ~ ~ ~ LEQU~R ~jORE # ~ PROJECT N0. 0751 my diraok supervision and that 1 am a duly Licensed Prolessionol Engineer under the IaWS Of the State of Minnesota . DRAWN BY : JIM MOLINARO DAtE : JAN. p8, 7Dp8 f ( I I u C, ( C TY O I C O I~ ~.J ~ ~ ~ ~ I I ~ ~ ~ T~._J ~ 49~J~ ~E~j~~tL A~/E 0751LANOSCP.OWG coNSrRUCrED : HQRIZQNTAL : I" = zG' Lp~pg~APE PLAN ~ SHEET 1 of 1 Dote License No. ASBUILT ; 3 DECIDUI]US TREE PLANTING DETAIL 4 CGNIFERGUS TREE PLANTING DETAIL 5 SHRUB PLANTING DETAIL 3" SHREDDED NOTES: 1. CONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN. 2. ALL SHRUB BEDS SHALL BE MULCHED PATH 4" DEEP SHREDDED HARDWOOD MULCH 3. ALL PERENNIAL BEDS SHALL HAVE 3" DEEP SHREDDED HARDWOOD MULCH WITHOUT FILTER FABRIC. 4. SINGLE TREE AND EXISTING TREES TO REMAIN SHALL HAVE A 4" DEEP SHREDDED HARDWOOD MULCH RING AROUND EACH BASE. DECIDUOUS PLANT MATERIAL SHALL HAVE A 4' DIAMETER RING, ANO CONIFEROUS PLANT MATERIAL SHALL HAVE A RING TO THE DRIP LINE. S CONTRACTOR IS RESPONSIBLE FOR ON-GOING MAINTENANCE Of ALL NEWLY INSTALLED MATERIALS UNTIL TIME OF OWNER ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR T4 OWNER ACCEPTANCE SHALL BE THE RESPDNSIBILITY OF THE CONTRACTOR, 6. NO PLANT MATERIAL SUBSTITUTIONS HALL BE ACCEPTED UNLESS PRIOR APPROVAL fS REQUESTED OF THE LANDSCAPE ARCHITECT BY THE LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID AND/OR QUOTATION. 7. CONTRACTOR SHALL VISIT AND INSPECT SITE TD BECOME FAMILIAR PATH EXISTING CONDITIONS RELATING Tp THE NATURE AND SCOPE OF WORK PRIOR TO SUBMITTING BID. ~~ /~~~~ 4" SHREDDED 3" SHREDDED G r M Q L RB BETULA NMMiA ~ ~ ACER R FR€ENANi 'JEFFERSRED` ~ z-Va' D. OVERSTDRY SS MALUS 'SPt~lG SNOW B B Z-1/2' D. OYERSTORY CONIFEROUS TREES Np NORWAY PME 88 8' PIN BNS BLACK H~U.S SPRUCE 88 8, pS ENE, SmSS STO,Y€ BB Z-1/z" 0 O~RSTOAY Ra . ,N YEW, JAPANESE UPPoGhIT TAXUS CUSPbATA ' APITATA' SHRUBS PERENNIALS ~~ 4"-C~7T 18' O C ~A . . . _ ~~, EN scDPaR~us 4"-CONE 18" O.C, uuteuc 4'-CONT. 30' O.C. I hereby certily lhot this plon, report or speeificotion wos prepored by DESIGNED BY ; .RN MOUNARO ° SCALE a ° LIQUOR STORE # 2 PROJECT NO. 0752 me or under my dirocl supervision and that I om o duly registered proiessionol engineer under the laws o1 the Stote of Minnesoto PRAWN BY : ARM NOLINARO PATE ; JaN OT 2008 ~ T ~ O I C 0 ~ U M B A N E t G N T S I ~ 2105 37th AVE O752LANDSCP.DWG , , coNSTRUCTED : HORIZONTAL ; ~" = 20' t" = 5' ° VERTICA LANDSCAPE PLAN SHEET t OF t Dote Re . No. ASeuat ~ L ; 37~ pttL ,_ , PLANT MATERIALH,E{~~~., FOR REFERENCE ONLY SHRUB PLANTING DETAIL 3 DECIDUOUS TREE PLANTING DETAIL 6 CITY COUNCIL LETTER Meeting of: 3/3/08 AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGE PUBLIC WORKS ® F ITEM: LEASING OF MUNICIPAL SERVICE CENTER BY: K. Hansen pit BY: ~ .~, ~ ~ SPACE FOR VERIZON COMMUNICATION ANTENNA DATE: 2/29/08 DATE: Background: The City has been contacted by Verizon Wireless with regard to leasing space at the Municipal Service Center for a PCS antenna facility. This service area that includes Columbia Heights has experienced coverage drops. The attached maps depict the proposed Location in the northeast corner of the rear lot of Public Works. Under the lease Verizon Wireless would install a 110-foot tall monopole along with an equipment building on the ground and connecting equipment. The equipment building would be approximately 11'6" x 30' in a 25' x 85' lease area. Verizon would be responsible for all maintenance of their equipment and for removal of the equipment if work needs to be done on the tower. The attached lease is in first draft form and subject to change; the City Attorney is currently working with representatives of Verizon Wireless for final content, including lease rates. Staff feels that by leasing space at the Municipal Service Center the City will gain another form of revenue with minimum impact. Staff recommends that the Council consider dedicating the revenue from this lease to the acquisition of the lot directly south of the Public Works rear lot, owned by Hilltop Trailer Sales. Staff has been contacted by Hilltop Trailer Sales, who are interested in working with the City of Columbia Heights on selling this lot. The 25' x 85' lease space as shown allows adequate access to the salt storage shed. It will require a minor amendment to the existing parking lease with InvestCast. Staff has met and discussed the layout with the owners of InvestCast -who are agreeable to the minor amendment. RECOMMENDED MOTION: None at this time. A final lease agreement will be provided for council consideration at a later date. KH:jb COUNCIL ACTION: __ _ - _ -~ _ - - -~ / - -- -- . ; __ _ _ _ _ _ _ -_ 38TH PLACE NE `38TH PtAGE NE ~ ' ~f ~~ __ ~ ~ ~ -__ __ -- ~ _ .. - - ~- c--- , ,~ x E- ~- _ _ _ - - - - - ~ .~J-_~ -°~-~- ,: -- _ _ -_ _ _ r - - ~ - - - - . - --~ ~ - r~EC?alc!wfi ~ r~~ .. E° ~ ~' / :'~ ~; ~ T,~^r ~ ' ~ ~ -~..: / / ~f /~/ ~- `/ ~ ~ /" / --------=-`"__ -- f' NOT FOR /"~ ~~/` ~ /~ ~ 1 CONSTRUCTION ' ExSnNC Ett ' 91GA1 / / / ~ " / qqTt I / ~ / ___ ~, I ,% ~ i-i2ANSf7JRMER t ~ ~//j /i~% f // / ~/ I PpSFP.,1Cp~5 V - % \ / ~ / ~ ~ /1 / r E f i ~ ~ ~ - --~- -~- -- ~- ~ ~ ~ ' ,Y ~ f ti DESIGN / _ ~xlsnvc 3m!-INt ~~ ~I ~ ~ u0 ,' '~,~ ~ / 7 ao9EnT~caws // /~ ~ RCMrtECT Ex SnuG 6' Tat E%6lINC 9ftAll~,y:~y'(J~~SURf/CE I 9 nVau£Y wEty aD / ~ ~ % iliANtJNK fENCE~ ~ PMKIII'y WI ~ ~ f EpEN ORUaE MN 55Yu j~// ~Ex157ItiG SNEC \ t - ^- rsszl so~sac Pax w~ezaz a / ~. ~{. / / ~ ',: / 4t -0' Irtax PREMISE N7EA- f/ i 1, , =. ~ ~ / iDWER CEMiE~LNE_ t` ~R,E~ /~ ,~~- WIRELE S // / I l ~ElOSikIG BIRA9~IOU5 SIAtFa:E~ / / ~ ~ ~ ~ ~~'~: ~ / / ~ ~~ ovEauNO VaRK.K ee211 I i ~ q 1^'/ ~~ / exl>rwG EmLl4NC q -- ~' ~ ~ - PROJECT r /~ ~x~- ;' M~lo' tat /,. tDwER ,i / / ~~' PROPOSED 15' x eS' / ^ IfSSEE PREMISE ~' ?~ / T / / ` ~ PROPOSED n~-R~ z so'-o' / +. ~ 1 "-~ x MINC PRffa3PoCAlm EQUIP{!Nf tt ~ sxatER (9E A-+y ~ I / ~ ~ COLUMBIA HEIGHTS ~` } ~; L V~ ~ ~~ ~ ~~+ / ' T 637 38TH AVENUE NE ~ ~ - ~ ~ ~ J T COLUMBIA HEIGHTS, MN i / ' ~ _ ~ 1~ / /-ExlsnNC ovER++EAO / ~ '~ ~ ~ ~ ~~ _ i ~ 1+, I SHEET CONTENTS: ,F~p I a,T ` ELECTRIC lWE ' - : ' ,_~ __. ...__ _ SITE PLIW EXISnNG ALUMINUM ! -.... _ ~C / ExISrING 6 rAL.- .1~- ~ • ~ I fiNl O1NG B / ~ / CHAINIINK EENCE r11 ~ pc ~ / " i I I i I / "~ I ~ ,~~ , I ` DRAWN BY: GDB /" ~ I 1 x DCNECNED BY: iDRT] ' / ~~ ~~ y~¢`____~-_I[~~e ~ rye m¢,._- or- K-~ __ ~ o' h REV.N 119-0] SCALE 1°=30' ~m~ ' X ~ ~/} r "'i m m X n ~ ~ o D _ m Z \ N m ~ O Z C ~ ~ ~ ? ~ x X o ~ ~ ~ Z c~ o y UJ O ~~ X ~rj m o ~~ ~ to ~ X fi ~~ ~iW F~ X m~ ~~ z ~~ ~b m" m Z ~ ' . X X X X X_ ~ Z i i S ~ I i ^ i ~ 8 O N m I I ~~ 1 ~ &° 1 % Y r'\!^1 ..! ~.../ o i ~ ~ i ~ ' ~ X '_ "~ p ~ p z to z B ~ 0' 15' '~ ~~ o, ~ Ji „~ ~ JJ ~ ~ ~ ~ o X X X ~~ m x ~. x z~ cz'~ n Z Q _'I x ~ m ~ Q X C o _ 'C D ~i C ~ _ 2~ o to m Z ~ C TI Z G y z to fT~l G~ ~ r" x ~ mz ~ Z\ z ~ X ~ X X X X X X X X ° m ° ~ ~ w A A %~ ~ PROJECT; M l NC 9955 59th Avenue North VERIZC~N DESIGN v { COLUMBIA HEIGHTS S°"@#'2° Plymouth, MN 55442 a `° 4 Q ; 637 38TH AVENUE NE WIR ELESS /~T~~a-LEV YIEW ROAD EDEN PRAIRIE, MN SSi7d ice) ~~ FAX 96Y4S1 ~~R'`~ro RCDERTJ DAViS, AIA ARCHITECT D7 b n m ~ ~ w g y ~ COLUMBIA HEIGHTS, MN 55421 0 I SITE NAME: MINC Columbia Heights SITE NUMBER: MOSS & BARNETT/ LAND LEASE AGREEMENT This Agreement made this day of , 2008, between the City of Columbia Heights, a Minnesota municipal corporation, with its principal offices located at 590 40th Avenue NE, Columbia Heights, MN 55421, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, mail stop 4AW100, Basking Ridge, New Jersey, 07920, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". LESSOR is the owner of that certain real property located at 637 38th Avenue NE, in the City of Columbia Heights, County of Anoka, State of Minnesota, and legally described in Exhibit "A" attached hereto and made a part hereof (the entirety of LESSOR'S property is referred to hereinafter as the "Property"). LESSEE desires to obtain an option to lease a portion of said Property, being described as a 25 foot by 85 foot parcel containing approximately 2,125 square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along a right of-way extending from the nearest public right-of--way 38t'' Place to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more Rights of Way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises"), being substantially as described herein in Exhibit "A". LAND LEASE AGREEMENT 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property legally described in Exhibit "A" attached hereto and made a part hereof (the entirety of LESSOR's property is referred to hereinafter as the Property), located at 637 38 Avenue NE, in the City of Columbia Heights, County of Anoka, State of Minnesota, and being described as a 25' by 85' parcel containing approximately 2,125 square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, over or along aright-of- way extending from the nearest public right-of--way, [Insert name of access street] to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more Rights of Way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibit "A". MINC Columbia Heights Option and Land Lease Agreement 1 1029330v1 In the event any public utility is unable to use the Rights-of--Way, the LESSOR hereby agrees to grant an additional right-of--way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of to be paid in equal monthly installments an the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 22 below. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence upon notice of the exercise of the option, as set forth above, by LESSEE to the LESSOR in writing by certified mail, return receipt requested and shall be deemed effective on the date it is posted. In the event the date LESSEE gives notice of the exercise of the option between the 1st and 15th of the month, the Agreement shall commence on the 1st of that month and if the notice is given between the 16th and 31st of the month, then the Agreement shall commence on the 1st day of the following month (either the "Commencement Date"). 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year teens unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current tern. 5. EXTENSION RENTALS extension term shall be increased by 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to one hundred fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term". M1NC Columbia Heights Option and Land Lease Agreement The annual rental for the first (1st) five (5) year 2 1029330v1 7. USE• GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense and the installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and MINC Columbia Heights Option and Land Lease Agreement 3 1029330v1 releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 28, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE'S option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and MINC Columbia Heights Option and Land Lease Agreement 4 I029330v1 personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 32 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be increased to one hundred and ten percent (110%) of the rent applicable during the month immediately preceding such expiration or earlier termination. 15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same teens and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. MINC Columbia Heights Option and Land Lease Agreement 5 C ]029330v1 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 18. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Tenn that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 19. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 20. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 21. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to ally entity which acquires all or substantially all of LESSEE'S assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, MINC Columbia Heights Option and land Lease Agreement 6 1029330x1 addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: [Insert Lessor Name and Address] LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, aNon-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR'S option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of--way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit anon-disturbance and attornment agreement for LESSEE'S benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property, (3) agrees to give Lender copies of whatever notices of default LESSEE must give LESSOR, (4) agrees to accept a cure by Lender of any of LESSOR'S defaults, provided such cure is completed within the deadline applicable to LESSOR, (5) agrees to not pay rent more MINC Columbia Heights Option and Land Lease Agreement 1029330v1 -~ than one month, or one year in the event the rent is paid annually, in advance and (6) agrees that no material modification or material amendment of the Agreement will be binding on Lender unless it has been consented to in writing by Lender. LESSOR and LESSEE agree that, for the purposes of Paragraph 24, nonmaterial amendments or modifications shall include, but shall not be limited to, the following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration, modification, or replacement of LESSEE's equipment, (iii) any relocation of LESSEE's equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that such an amendment shall become material should the decrease in rent result in rent lower than the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 25. RECORDING. LESSOR agrees to execute a Memorandum which LESSEE array record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 26. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (I S) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation M1NC Columbia Heights Option and Land Lease Agreement g 1029330v1 interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 27. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 28. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such MINC Columbia Heights Option and Land Lease Agreement 9 1029330v1 non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such envirorunental conditions are caused by LESSEE. 29. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 30. CONDEMNATION. If as a result of any condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 31. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party MINC Columbia Heights Option and Land Lease Agreement 10 __ 1029330v1 has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 32. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 33. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 34. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first below written. LESSOR: LESSEE: By: Name: Its: Mayor Bv: Name: Its: Cites anager Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Bv: Beth Ann Drohan Its: Midwest Area Vice President-Network Date: M1NC Colmnbia Heights Option and Land Lease Agreement 1~~~.~ Il 1029330v1 COLUMBIA HEIGHTS -CITY COUNCIL LETTER WORK SESSION Meeting of: March 3, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER'S APPROVAL ITEM: Board/Commission BY: Walt Fehst BY: ~ ` ,,~ Appointments DATE: February 28, 2008 DATE: NO: The following Board and Commission members have expressed. interest to be re-appointed to their current positions: Board or Commission Library Board Planning & Zoning Commission Telecommunications Commission Traffic Commission Park and Recreation Commission Name Lynette Thomson - 3 year term Marlaine Szurek - 4 year term David Thompson - 4 year term Bob Buboltz - 2 year term Dan Swee - 2 year term Bradley Peterson - 2 year term Kenneth Henke - 2 year term Richard Anderson - 4 year term Gerald Foss - 5 year term David Payne - 2 year term Kevin McDonald - 2 year term Stan Hoium - 5 year term There is currently an opening on the Police and Fire Civil Service Commission and the Traffic Commission. Mr. Sturdevant has graciously offered to continue to serve on the Traffic Commission until a replacement can be found. Mr. Gerald Herr.nger has expressed interest t~ he appnintarl to tha F~nnnrpir. Tleyelnpment :Qiithorjty, Tlie Mayor wishes to confirm this appointment. MOTION: Move to re-appoint Lynette Thomson to the Library Board for a three year term; Marlaine Szurek and David Thompson to the Planning and Zoning Commission for four year terms; Richard Anderson to the Traffic Commission for a four year term; Bob Buboltz, Dan Swee, Bradley Peterson and Kenneth Henke to the Telecommunications Commission for two year terms; and Gerald Foss and Stan Hoium for 5 year terms and David Payne and Kevin McDonald for two year terms to the Park and Recreation Commission effective April 1, 2008. MOTION: Move to appoint Gerald Herringer to the unexpired Economic Development Authority term to expire January 8, 2012. COUNCIL ACTION: