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HomeMy WebLinkAbout01/25/2010 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NE, Columba Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Visit our website at: www.cf.colubia-heietats.mn.us Manor Gary L. Peterson Councitmembers Robert A. Wi/linms Bruce Nawrocki Tammera Diehm Bruce Kel=enberg City ManaPer bValter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, January 25, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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, and activities. Auxiliary aids for disabled 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) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Ruth Hograbe, Community United Methodist Church 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. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Charter Commission Service -Barbara Gertsema p4 5. CONSENT AGENDA iT'hege ite,rs 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 the next order of business.) A. Approve minutes of the City Council meeting ps MOTION: Move to approve the minutes of the January 11, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and. Commissions. pi4 MOTION: Move to accept the December 2, 2009 tr-inutes of the Library Board. C. Establish Public Hearing -Cable Rates pi6 MOTION: Move to establish a public hearing date of Monday, February 22, 2010, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and. installation charges Comcast calculated in its March, 2009, rate filing. D. Adopt Resolution 2010-09 being_a resolution accepting the feasibility report for Zone 5 Street Rehabilitation and ordering the Public Improvement Hearin. City Proiect No. l 002. pia MOTION: Move to waive the reading of Resolution 2010-09, there being ample copies available to the public. City Council Agenda Monday, January 25, 2010 Page 2 of 3 MOTION: Move to adopt Resolution 2010-09 being a resolution accepting the feasibility report for Zone 5 Street Rehabilitation and ordering the Public Improvement Hearing on March 1, 2010, City Project No. 1002. E, Adopt Resolution 2010-10 being a resolution acceptingthe feasibility report for Zone 4 Street Seal Coat and ordering_the Public Improvement Hearing, City Project No. 1001. pz9 MOTION: Move to waive the reading of Resolution 2010-10, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-10 being a resolution accepting the feasibility report for Zone 4 Street Seal Coat and ordering the Public Improvement Hearing on March 1, 2010, City Project No. 1001. F. Authorization to seek bids for 2010-2011 Dutch Elm Oak Wilt Emerald Ash Bore diseased tree and hazardous tree removal pro rg am. p37 MOTION: Move to authorize staff to seek bids for the 2010-2011 Dutch Elm, Oak Wilt, Emerald Ash Bore Diseased Tree and Hazardous Tree Removal Program. G. Approve Public Works blanket orders for 2010 purchases pig MOTION: Move approval. to authorize staff to process blanket purchase orders in an amount not- to-exceed the 2010 budget amounts for: • De-ieing salt for salt/sanding operations purchased off the State of MN Purchasing Contract • Fuel (unleaded and diesel) for City Vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt, or Bituminous Roadways or C.S. McCrossan. • Curb stop and service repairs, for delinquent accounts and foreclosed properties, performed on an annual basis. I-I. ' r------~-=-- t c.... nt.,,, t ~• t,.,.,, r n i.,~ p39 r-~a»»rrorr ~F:+tilil,g O1 tit llitiGtrl~l wAii/i-ifiwCi \i )nC? ~u[ a ocni' Vy irclcll F t ~ nYit~Gi~n'~E~r MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Clear Wireless LLC for the use of designated land and water tower space at the Municipal Wwater Tower, 3700 Stinson Boulevard. Anarove transfer of funds for. Safe_and Sober and AHDTF Overtime from General Fund to Police Department Budget Overtime Line #1020 p`70 MOTION: Move to transfer $942.08, the amount of money received from Coon Rapids as reimbursement for overtime worked from our participation on the Safe and. Sober program, and $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force for the fourth quarter of 2009, from the General Fund to the 2010 Police Department Budget line 1020, Overtime. J. Approve Business License Applications p73 MOTION: Move to approve the items as listed on the business license agenda for January 25, 2010 as presented. K. Approve payment of the bills pis MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 133212 through Check Number 133473 in the amount of $2,763,727.65. City Council Agenda Monday, January 25, 2010 Page 3 of 3 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. 2nd Reading of Ordinance 1575, being a Zoning Amendment as it relates to LED si ns for p87 Motor Fuel Stations MOTION: Move to waive the reading of Ordinance No. 1575, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1575, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to signage in the Design Overlay District within the City of Columbia Heights. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations 1. At~prove Capital Equipment replacement of Unit #45: Ford sint?le axel 35.000 GVW dum truck and attachments, from the State of Minnesota purchasing contract. p9a MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #45 Ford single axle 41,000 GVW dump truck chassis from Astleford International of Minneapolis in the amount of $68,407; and purchase the dump box, reversible front plow, belly plow, wing plow, brine tanks and sander from Towmaster of Litchfield, Minnesota, in the amount of $80,163 for a total price of $148,570; plus sales tax. 2. Approve Capital Eauipment replacement of Unit #296: Trackless MT tractor includine snow plow and angle groom attachments from the State of Minnesota Purchasing contract. p93 MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #296 Trackless MT Tractor equipped with angle snowplow and snow blower attachments from MacQueen Equipment, Inc. in the amount of $120,836 plus sales tax. t;', Qther Business -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT ~~ ~ ~ . ~, _ Linda L. Magee ~~ ~' Assistant to the City ManaglHuman Resources Director LLM/pvm THE CITY ON COLL7MBIA HEIGNTS DOES HEREBY ACKNONI~EDGE N~IN NOLUNTEER ENFORNS OF BARBARA GNRNSEMA 2004 TO 2010 GARY L. PETERSON MAYOR 4 Official Proceedings City of Columbia Heights City Council meeting Monday, January 11, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 11, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions may be fouzad at the ezzd of this document. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Hay Souza, Church. of All Nations, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed the public hearings for Resolution numbers 2010-03, 2010-04, and 2010- 05, in that the properties have been brought into compliance. Nawrocki requested to add discussion under the Manager's report on the Library report, the budget and total tax levy, selecting Council President, Board and Commission liaison appointments, the newsletter, 4230 Van Buren clean up, and pedestrian bridge costs. He indicated he would bring up items under Other Business. Diehm indicated that items can be added. by a majority of the council; but if procedure issues or decisions need to be made, items should be placed on the agenda prior to the meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Retirement of Firefighter Bruce Shellito Fire Chief Gary Gorman stated. that Lieutenant Bruce Shellito became an on-call firefighter in 1978 and has probably responded to thousands of calls and therefore touched many, many lives. He is the epitome of what a firefighter is; a very humble servant. Gorman thanked him for his service and presented him with his helmet and a plaque. Peterson thanked Bruce for his service and his wife Joyce. The entire Fire Department was present at the meeting to wish him well. CONSENT AGENDA Nawrocki requested to remove items C, G, and 1. Nawrocki stated that Council is not to receive meals or mileage and should not take coffee served at the Council meetings. Peterson stated that the Council can take up a collection to pay for the coffee. City Manager Walt Fehst took the Council members through the Consent Agenda items. A. Approve minutes of the City Council meeting Motion to approve the minutes of the December 14, 2009 City Council meeting. B. Accent minutes of the Columbia Heights Boards and Commissions. Motion to accept the January 5, 201.0 minutes of the Planning and Zoning Commission. C. Acct the 2010 City Council meeting calendar as proposed. -removed D. Adopt Resolution 2010-O1 be'rn~ a Resolution to accept certain donations received by the City of Columbia Heights Motion to waive the reading of Resolution 2010-01, there being ample copies available to the public. City Council Minutes Monday, January 11, 2010 Page 2 of 9 Motion to adopt Resolution 2010-01, being a resolution to accept certain donations received by the City of Columbia Heights. E. Admit Resolution 2010-02 being a Resolution deli ng atin~ Official Depositories for the City of Columbia Heights Motion to waive the reading of Resolution 2010-02, there being ample copies available to the public. Motion to adopt Resolution 2010-02, being a resolution designating official depositories for the City of Columbia Heights. F. Approve Raffle Little Voyageurs' Montessori School St Timoth~s Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 30, 2010; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. G. Desig_natinP an Official Newspaper for 2010 -Removed H. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 20l 0. Motion to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2010. I. Authorize extension of Frre and EMS service contract with City of Hilltop. -removed J. Approval of the attached list of rental housing; license applications in that they have met the requirements of the Property Maintenance Code. Motion to approve the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January l 1, 2010 as presented. Nawrocki questioned what the waiver refers to. Fehst will address this in the green sheet, but indicated this was probably for the release of addresses and phone numbers. L. Approve~ayment of the bills Motion to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132930 through Check Number 133290 in the amount of $3,435,322.09. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of items C, G, and I. Upon vote: All ayes. Motion carried. C. Accept the 2010 City Council meeting calendar as proposed. Nawrocki questioned the deletion of the last Council meeting in December. Patty Muscovitz, City Clerk, indicated that deleting a regular council meeting would have to be done by resolution and is normally presented to Council for approval at the end of November. City Council Minutes Monday, January I1, 2010 Page 3 of 9 Motion by Nawrocki to move the November 1 work session to November 3 to include the election canvas. It was pointed out that the Planning and Zoning Commission would need to move their meeting to that night because of the Tuesday election. Motion withdrawn by Nawrocki. Motion by Nawrocki, second by Diehm, to accept the 2010 City Council meeting calendar as proposed. Upon vote: All ayes. Motion carried. Muscovitz indicated the date change for the primary election is contingent upon State legislation this spring, but is anticipated to change to August 10, 2010. G. Desi~natin~ an Official Newspaper for 2010 Nawrocki indicated that this newspaper continues to miss deliveries in our city. The 3900 block of Quincy has not been receiving the paper. Fehst stated he would pass this information along. Motion by Nawrocki, second by Diehm, to designate Sun Focus News as the official City newspaper for 2010 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. Upon vote: All ayes. Motion carried. I. Authorize extension of Fire and EMS service contract with City of Hilltop. Nawrocki indicated. that a potion of the bonding cost (including interest) of the Public Safety building (PBS} should be included in the contract. Fehst acknowledged the 13.8 percent tax increase. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into a three-year Fire and EMS service contract with the City of Hilltop starting January 1, 2010 and extending through December 31, 201.2. Nawrocki stated teiat th1S JarieS om the poltce Contract cxilliCh factored in their Sll_are of the COSt of the PSB, including the debt service. Donna Schmitt questioned the reference to a medical taxing district, page 44, potentially adding a tax to cover emergency services. Diehm stated that we do not tax them; they just pay the contract amount. Fehst stated there is not currently a medical taxing district in place. Jim Hoeft, City Attorney, stated the only taxes Hilltop would pay would be if a taxing district were put in place. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Ado t Resolutions 2010-03 4506-08 Fillmore Street N.E. 2010-04 1026 40th Avenue N.E. and. 2010 OS 4305 2nd Street N E being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -Resolutions 2010-03, 2010-04 and 2010-OS removed as the properttes were brought into compliance. City Council Minutes Monday, January 11, 2010 Page 4 of 9 B Adopt Resolution 2010-06 3730 Tyler Street N E being a declaration of nuisance and approving abatement of violations within the City of Columbia Heights. Chief Gorman stated this was by complaint of outside storage and has been brought forth previously for the same vialatron. Gorman passed around pictures of the property from early November. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2010-006 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Number 2010-06 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. 1st Readies of Ordinance 1575 being a Zoning_Amendment as it relates to LED suns for motor fuel stations City Planner Jeff Sargent stated this is in follow up to a moratorium in July 2009. This Ordinance would change LED language for motor vehicle stations to show fuel prices only, without a permit required.. Any other sign usage would have to be on a monument sign and meet coverage limitations. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1575, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1575, for Monday, January 25, 2010, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - ;~or~e B. Bid Considerations -none C. Other Business Nawrocki reiterate his concerns that public business is best handled in the public. He expects honest information. Some people have not been appreciative of his points made and some Council members pass notes, which is not appropriate. He stated concern about city expenditures and will ask. more questions about the budget. It is not appropriate for the City Manager to approve total expenditures, for any one vendor, in one year over his approval limit of $15,000. Ne stated he will ask to see contracts before they go out for bids. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki questioned what "adult weeding" in the Library report meant. Fehst stated this would be put in the green sheet, but probably meant reviewing the condition of current books. Nawrocki indicated that it was not made clear at the last meeting what the additional tax costs are for the general library fund, the EDA levy through Anoka County and the debt service costs. The County EDA levy service has increase by about $40,000. Fehst stated that it is a percentage increase. Nawrocki listed the cities in the county that they levy for. Fehst stated it is by a formula that was City Council Minutes Monday, January 11, 2010 Page 5 of 9 approved by the Council about three years ago. Nawrocki and Fehst discussed good citizens versus bad citizens, all of which are tax payers. Peterson indicated that requests far specific figures be brought to staff prior to the Council meeting. Report of the City Attorney -nothing to report. CITIZENS FORUM Linda Silge, Quilting Guild, thanked the Council for allowing this program at Murzyn Hall. It is a great success. Fehst stated that representatives from Violia, our new waste hauler, were present. They are working out transition details. Single Sort Recycling will be picked up every other week. Diehm asked if the cans have to be on opposite sides of the driveway. Matt Frank, Violia, indicated they could be next to each other. Peterson stated that they have distributed close to 12,000 cans. This went pretty smoothly, considering this is the worst ice situation we have had in many years. Peterson thanked and commended them. Kevin Hanson, Public Works Director, stated that distributing this number of containers is a huge undertaking. There have been questions and complaints, which we or the vendor try to address as they arise. Violia does answer calls and questions. Diehm asked if we have a link to the calendar on our web site. Hansen stated it is on the Violia web site and our web site. Diehm stated that the single resort recycling has been received favorably. Nawrocki questioned if the container handle should be toward the street or the yard. Frank indicated that is a driver preference; we prefer they push containers rather than pull them. Nawrocki indicated that 4032 Van Buren is a garbage mess. Gorman stated this has become a problem property and has been checked every week since December 7. We have had discussions with. the owner, but he has not been cooperative. Nawrocki stated that the dumpster at 43`d and Central was hauled away today. Nawrocki stated that the city newsletter should have an article about elections and possible date changes of the Primary Election and information on the garbage contract. Nawrocki asked if the pedestrian bridge bids would come to Council at the first meeting in February. Hansen stated yes, assuming the bids are in, tabulated., and reviewed/approved by MnDOT. Nawrocki questioned the payment to Walgreens. Hansen stated that we have paid them $5,000, which will be repaid to us by the City of Hilltop. Nawrocki questioned the condemnation cost on the east side of Central Avenue. Hansen stated that the City has paid $347,000 in State Aid funds for title to the land, but the condemnation hearing date has not been set. Nawrocki indicated that MnDOT will continue to own. the bridge. Nawrocki requested to know what our local costs would be before the contract is signed. Donna Schmitt questioned where the $1,000,000 put into an investment account came from. Bill Elrite, Finance Director, explained that the city receives their tax revenue and State Aid in July and December. When this is received, the funds are invested. Schmitt asked if all gas stations were notified of the LED sign hearing. Peterson stated that the City Planner would be asked to respond. City Council Minutes Monday, January 11, 2010 Page 6 of 9 Nawrocki asked where we stand on tax collection versus amount levied and amount collected last year. Elrite stated that traditionally the amount collected is 95% to 97%. The final statistics have not yet been compiled, but appear to be 96% to 97% percent. Nawrocki stated the newsletter should include the Board of Review date. ADJOURNMENT Peterson commented on the ice fishing program put on by the Recreation Department with the assistance of Rick Johnson from SACA. Peterson stated that Lorraine Mell, Pastoral Minister from Immaculate Conception Church is retiring on January 12`" from her invocation duties. He thanked her and IC for allowing her to do this. Peterson asked that we do not forget our service men and women in this scary time. Pray for them. Peterson indicated his hope that this year Council members can find a common courtesy toward each other; pay attention to our own attitudes and treat others with respect to make our community a better place to live and work. He asked that Council members do a better jab getting their questions answered before the meetings. Peterson stated "Don't take your self too seriously and do a random act of kindness." Mayor Peterson adjourned the meeting at 8:30 p.m. Patricia Muscovitz CMC City Clerk 10 City Council Minutes Monday, January 11, 201.0 Page 7 of 9 RESOLUTION N0.2010-O1 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS DATE DONOR 7/15/2009 COLUMBIA HEIGHTS LIONS CLUB 7/15/2009 THOMPSON,CHARLES 7/15/2009 KIWANIS COL HTS-FRIDLEY 5/7/2009 THE KORDIAK COMPANY 5/7/2009 JEFFS:BOBBY & STEVE'S AUTOWORLD 5/7/2009 NORTHEAST BANK 5/7/2009 FINANCIAL ONE 5/19/2009 CREST VIEW 8/1.1/2009 COLUMBIA HEIGHTS LIONS CLUB 9/15/2009 T C B PRECISION MACHINING 1/2/2009 TOASTMASTERS 2/27/2009 COLUMBIA HEIGHTS LIONS CLUB 3/25/2009 KIELTY,MARY >/12l2009 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 1./29/2009 ROESSLER,STEVE 2/6/2009 NORTHEAST BANK 3/24/2009 SENIOR CENTER 9/9/2009 SHAMROCK CASINO TOURS 12/23/2009 DAMEROW, LOREN SUBTOTAL FUND 881 -RECREATION 2/1 t/2009 DIEHM,TAMMERA 2!24/2009 PETERSON,GARY 3 /20/2009 Ik E LZEN B E RG, B RU CE 12/10/2009 FREEDOM OIL COMPANY-WII.LIAMS 1/12/2009 ANONYMOUS 1/12/2009 ANONYMOUS 5/8/2009 SURBROOK,ELLEN 6/18/2009 WAL-MART FOUNDATION 6/23/2009 CENTERPOINT ENERGY 6/10/2009 FIREMAN'S FUND 2.!9!2009 COMMUNITY UNITED METHODIST 2/24/2009 NAWROCKI,BRUCE 4/13/2009 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 4/13/2009 LIBRARY BOARD MEMBERS 5/18/2009 FRIENDS OF COLUMBIA HE1GI-ITS LIBRARY 5/18/2009 CHARBONEAU, PHYLIS 5/18/2009 SISTER CITIES 7/6/2009 LIBRARY BOARD MEMBERS 9/16/2009 FRIENDS OF COLUMBIA EIEIGHTS LIBRARY 9/28/2009 DOLLAR GENERAL 11/10/2009 BOBBY & STEVE'S AUTOWORLD SUBTOTAL FUND 883 -OTHER AMOUNT PURPOSE 100.00 AFTER SCHOOL PROGRAM 50.00 AFTER SCHOOL PROGRAM 100.00 AFTER SCHOOL PROGRAM 25.00 FIREWORKS 100.00 FIREWORKS 100.00 FIREWORKS 250.00 FIREWORKS 50.00 FIREWORKS 1,000.00 FIREWORKS 300.00 FIREWORKS 100.00 MURZYN HALL 250.00 RECREATION 35.00 RECREATION 1.5,000.00 RECREATION 150.00 SENIOR PROGRAM 200.00 SENIOR PROGRAM 445.00 SENIOR PROGRAM 20.00 SENIOR PROGRAM 25.00 SENIOR PROGRAM 18,300.00 325.00 2009 MAYOR/COUNCIL BUDGET _530.00 2009 MAYOR/COUNCIL BUDGET 325.00 2009 MAYOR/COUNCIL BUDGET 325.00 2009 MAYOR/COUNCIL BUDGET 125.00 FIRE 125.00 FIRE 500.00 FIRE 1.,000.00 FIRE 2,000.00 FIRE 7,990.00 FIRE:OXIMETERS 30.00 LIBRARY 388.40 LIBRARY 700.00 LIBRARY 25.00 LIBRARY 384.00 LIBRARY 27.56 LIBRARY 20.00 LIBRARY 30.00 LIBRARY 68.57 LIBRARY 1,500.00 LIBRARY 38,000.00 HUSET PLAYGROUND EQUIP 54,41.8.53 TOTAL 72,718.53 WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor-prescribed terms listed. RESOLUTION N0.2010-02 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor, City Manager, Treasurer 11 City Council Minutes Monday, January 11, 2010 Page 8 of 9 and, that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor, City Manager, Treasurer and, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. RESOLUTION 2010-006 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Anthony Griffith (Hereinafter "Owner of Record"}. Whereas, the pwner of record is the legal owner of the real property located at 3730 Tyler Street N.E. Columbia Heights, Minnesota. And whereas, pursuant tc Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written. notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on December 17, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 17, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on December 17, 2009 inspectors re-inspected the property listed above. Inspectors noted. that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 29, 2009 inspectors re-inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any and all outside storage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section. 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3730 Tyler Street N.E. is in violation of the provisions of the Colwnbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 12 City Council Minutes Monday, January 11, 2010 Page 9 of 9 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3730 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 13 Approved 1 /6/ 10 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES December 2, 2009 The Library Board welcomed new member, Barbara Tantanella, and. introductions were given. An oath of office was read by Council member Bruce Kelzenberg and repeated by Lynette Thomson. An oath of office was read by Council member Bruce Kelzenberg and repeated by Barbara Tantanella. Certificates were signed for each. member. The meeting was called to order by Chair Patricia Sowada, at 6:46 p.m. Members present were; Nancy Hoium, Patricia Sowada, Barbara Tantanella, Lynette Thomson and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the November 4, 2009, Board meeting were approved as mailed. The bill list dated 11 /23/09 was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 12/2/09 was reviewed. It was moved and passed to consider the Line Item Transfers from the floor. 1. It was approved to transfer $1,500 from line item 2180 (Books) to line item 2189 (DVDs}. 2. It was approved to transfer $1,000 from line item 2020 (Computer Supplies) to line item 3250 (Other Communications). 3. It was approved to transfer $300 from line item 2000 (Office Supplies) to line item 3250 (Other Communications). 4. It was approved to transfer $100 from line item 2025 (ACS Supplies} to line item 3820 (Water Utilities). ~~~ R:ES~El~s: 1. Loader attended the Council work session. on November 30`h to participate in the discussion on the 2010 proposed budget and capital expenses. At this time no changes have been made to the Library's proposed budget. The finance director, Biii Eirite, explained levy limits cicarly a„d presented the 4~year plan to wean the city off of LGA. Three capital improvement proposals have been made by the Library: replacement of the air conditioning unit and the boiler, and resurfacing of the parking lot. If approved, funding for these items would come out of General Buildings. The final budget will be determined. on December 14, 2009. 2. The Library Foundation's annual fundraiser will take place on December 12"' and 13`h at the Heights Theater. Loader presented many of the baskets generously donated., and the Board agreed to assist with the auction. 3. The energy audit has been completed and Loader was very pleased with the contractor. Payback for this project should be within three years. New Business: 1. The crossover statistics for October were reviewed. 14 2, Loader presented an evaluation of the first 6 months with changed hours. This report evaluated gate count, circulation, meeting room use, Internet, and staff effects. The Board discussed the report and how the included. recommendation would effect the Library. Vesley recommended. pursuing the possibility of working with the Historical Society to catalog the items in the Library's local collection. There being no further business, the meeting was adjourned at 7:4$ p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. .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 ser°vices, programs, and activities. 2 t5 CITY COUNCIL LETTER Meeting of: January 25, 2010 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING-CABLE BY: LINDA L. MAGEE BY: RATES DATE: January 12, 2010 DATE: NO: On or about March 1, 2009, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated. Cable Services", purporting to set forth and justify the maximum rate it could charge to subscribers in the City far basic programming service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2009 to May 31, 2010. Basic programming consists ofover-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel orpay-per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are utlregulated. The chart below reflects Comcast's actual rates as of June 1, 2009, the maximum permitted rates effective June 1, 2009, and the rates effective Januar 1, 2010. tes o June 1, 2009 azimum Permitted Rates Effective tes Effective January 1, 2010 June 1, 2009 Basic Service $ 9.57 $10.68 $ 1.0.23 Lasi0.r. nay eceiver Remote Control $ .10 $ .28 $ .10 Installation-Unwired Home $44.99 $46.59 $4499 Installation-Prewired Home $2999 $32.96 $29.99 Installation-Additional Outlet- $15.99 $17.87 $15.99 Connect Initial Installation-Additional Outlet- $25.99 $28.75 $25.99 Connect Se arate Other Install-Relocate Outlet $20.99 $21.11 $20.99 U rade- O tional Services $15.99 $16.58 $15.99 Down rade- O tional Services $1.0.49 $10.99 $10.49 COUNCIL ACTION: 16 CITY COUNCIL LETTER Meeting of: January 25, 2010 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING-CABLE BY: LINDA L. MAGEE BY: RATES DATE: January 12, 2010 DATE: NO: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2009 rate filing. In accordance with federal law, it is the City's responsibility, as a certified. rate regulation authority, to determine whether the basic service programming and equipment rates and installation fees comply with the Federal Communication Commission's rate regulation rules, orders, and decisions. RECOMMENDED MOTION: Move to establish a public hearing date of Monday, February 22, 2010, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2009, rate filing. COUNCIL ACTION: 17 CITY COUNCIL LETTER Meeting of: 1/25/2010 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-09 ACCEPTING THE BY: K. Hansen FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 01/21/2010 REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1002 CITY MANAGER BY: DATE: Background: Staff has developed preliminary plans and prepared the Feasibility Report for Zone 5 of the Annual Street Rehabilitation Program. The 2010 Project Area is bounded by University Avenue on the west and Monroe Street/Central Avenue on the east, 44~" Avenue on the south and extends to 48t" Avenue on the North. Analysis /Conclusians: Attached is the Feasibility Report that details the scope of work for Street Rehabilitation in Zone 5. Particular issues are summarized below: 1. Rehabilitation Strategies: Three treatment strategies are utilized in the street rehabilitation program: mill and overlay, partial reconstruction (or reclaimed base with new pavement), and full reconstruction. In each Zone, full. and partial reconstruction or mill and overlay is proposed for the street identified on the attached area map. A fourth strategy, seal coating, is addressed under separate engineering reports when seal coating work is proposed. Staff utilizes three methods in evaluating the condition of the street and determining appropriate treatment: 1. Present physical structure (cross-sec.tian}: Each street within the Zane has been excavated down to their sub-base material and. the IndiVldUa1 Street Jegiilent %rGSS-ScCtivr'iS are cataivgi.ied. 2. Non-destructive strength determination and condition rating: Braun Intertec, a geo-technical engineering consultant, conducted tests on all streets at 50- foot intervals with a dropping weight deflection test. From this, the strength of the road segment is determined. Braun also developed their own pavement conditions index. 3. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quantity of each kind of cracking in the pavement. This information along with other factors such as drainage and physical structure is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maximize the life of the street. COUNCIL ACTION: 18 CITY COUNCIL LETTER Meeting of: 1 /25/2010 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-09 ACCEPTING THE BY: K. Hansen FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 01/21/2010 REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1002 CITY MANAGER BY: DATE: Continued -Page 2 Z. Utilities Replacement: Utilities have been reviewed in Zone 5 and only minor work is required to maintain the existing systems. Staff utilized televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility replacements. 3. Assessment Methadology: Previously, street Rehabilitation Zones 1, 2 and 3 in 1997 and 1998 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zones 4, 5, 6A, 6B, 7A, 7B, 1 A, 2, 3 and 4, a "unit" assessment methodology was employed rather than. using a "front foot" rate basis. The area of Columbia Heights in Zone 5 is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve "street" assessments and ``avenue" assessments. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it hasy been my~experience that the court System has accepted this ratlanaie from ail appeal basis. volr~g to a unit basis ..aethodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent ave„ues receive. 4. Scope of Work: The work in Zone 5 is recommended mainly in the western portion of the Zone area as depicted on the attached map. In the last rehab cycle in 2001 the work was focused in the eastern portion of the Zone. For 2010, there is no full reconstruction recommended. Partial reconstruction using the reclaimed base and new pavement method is recommended for 3 street segments and Mill and Overlay is recommended for three street segments on the streets shown.. Due to their condition, all. other streets in Zone 5 are recommended for a seal coat in 2011. Streets that were rehabbed in 2001 would receive a seal coat at no cost to the property owner following the Program Policy. Continued -Page 3 COUNCIL ACTION: 19 CITY COUNCIL LETTER Meeting of: 1 /25/201.0 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-09 ACCEPTING THE BY: K. Hansen FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 01/21/2010 REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1002 CITY MANAGER BY: DATE: 5. Financing: Street Rehabilitation Zone 5: The cost sharing policy provides a 70/30 for partial reconstruction and 85/15 for mill & overlay. The estimated construction costs are as follows: 1. Partial reconstruction: $ 117,500. 2. Mill & Overlay construction: $ 185,500. 3. Utilities: $ ** The estimated engineering and administration costs are $ 30,500. Project funding is proposed as follows: Assessments: $ 265,500. Infrastructure Fund (Construction): $ 68,000. Sanitary Sewer Fund: $ ** Water Construction Fund: $ ** Storm Sewer Fund: $ ** The costs and associated. funding for utility work (**) will be further developed during the final design. 6. Past Assessments: Zone 5 has areas that have had improvements assessed in the last 10 years on the proposed program area streets. 7. Concurrent Projects: None 8. Utility Issues: Staff has evaluated the water main, sanitary sewer and storm sewer systems for maintenance needs or improvements. The reports indicate that overall the condition of the piping is acceptable with minor corrective recommendations by staff. Continued -Page 4 COUNCIL ACTION: 20 CITY COUNCIL LETTER Meeting of: 1 /25/2010 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-09 ACCEPTING THE BY: K. Hansen FEASIBILITY REPORT FOR ZONE 5 STREET DATE: 01/21/2010 REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEAR[NG, CITY PROJECT NO. 1002 CITY MANAGER BY: DATE: 9. Meeting Dates: Staff has established the following meeting dates: Resident Informational: February 2010 Public Hearing; March 1, 2010 Recommended Motion: Move to waive the reading of Resolution 2010-09, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2010-09, being a resolution accepting the feasibility report for Zone 5 Street Rehabilitation and ordering the Public Improvement Hearing on March 1, 2010, City Project No. 1002. KI-I:ky, AttaCnmentS: KeS01![tIC?n 24J1 V-V9 Feasibility Report Ctt^PPt I~ehabilitatic~n Map COUNCIL ACTION: 21 RESOLUTION 2010-09 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 STREET REFIABILTTATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1002 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2009-184, a report has been prepared by the City Engineer with reference to the Zone 5 area of the Street Rehabilitation Program, and WHEREAS, Zone 5 is bounded by University Avenue and Central Avenue/NLonroe Street, from 44`h Avenue to 48`h Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on 3anuary 25, 2010. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCH, OF COLUMBL~ HEIGHTS, VESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $333,500. 2. A public hearing shall be held on such proposed improvement on the 15` day of March, 2010, in the City Council Chambers at 590 40"' Avenue N.E. at 6:I S P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 25th day of January, 2010. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 22 City of Columbia Heights FEASIBILITY PORT F E Zone 5 (~ ~A~uA~Y, ~o~o ENGINEERING DEPARTIVIENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763-706-3700 763-706-3701 (Fax) 23 STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ZONE 5 PROJECT NUMBER 1002 LOCATION: ZONE 5 -AREA BOUNDED BY UNIVERSITY AVENUE SERVICE DRIVE TO CENTRAL AVENUE/MONROE STREET, 44TH AVENUE TO 48TH AVENUE This feasibility study includes an analysis of proposed street rehabilitation within Zone 5. IMPROVEMENTS: Partial Reconstruction (Reclaimed Base and New Pavement) - Random curb and gutter replacement as required, recycled aggregate base and new 4" bituminous surface. Mill and Overlay - Random curb and gutter replacement as required, and new 2'° bituminous surface. Utility Construction - Water main replacements and repairs as required to maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. ~.•~_. ~~.___..:! ' + +na C+ PP 1'tatinn n~ r'v 1NITIA T IO1V: t,i~y ~,vu~i~ii in accord"once vv',~h ~1~~ .,~r.,~t Rehabi i=~.=„_= P.,.i_, . OWNERS Partial Reconstruction (Reclaimed Base and New Pavement) ABUTTING I. 4"' Street 47`" Avenue to 48`" Avenue (24) OR 2. Washington Street 46`" Avenue to 47`" Avenue (19) IMPACTED: 3. 46`" Avenue Jefferson Street to Monroe Street (19) Mil[ and Over[ay I. Monroe Street 2. 45`" Avenue 3. 46`" Avenue ISSUES: The following is a stun 45`" Avenue to 46`" Avenue (I I ) University Service Drive to Monroe Street (205) University Service Drive to 7`" Street (79) Iy of the key project issues. 24 2 Partial Reconstruction (Reclaimed Base and New Pavement) The proposed construction would consist of reclaiming approximately l0" of existing bituminous mat and underlying materials. Approximately 6" will be left in place as aggregate base and new 4" bituminous mat will be paved. Existing concrete curb and gutter would be preserved except for sections with poor drainage. Driveway openings with drive-over curbs will be removed and replaced on a lineal foot cost at the request of property owners. Mill and Overlay The proposed construction would consist of milling up to 1 %2" of bituminous cross section and paving a new 2" bituminous mat. Existing concrete curb and gutter would be preserved except for sections with poor drainage. Driveway openings with drive-over curbs will. be removed and replaced on a lineal foot cost at the request of property owners. Utilities No water main replacement is proposed in Zane 5. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Sidewalk City staff recommends hazardous sidewalk within Zone 5 be replaced as part of the project. The criteria for hazardous sidewalk is defined in the City's policy. The cost is approximately $11,000, spread over 67 properties. The cast per single family property ranges from $80. to $760.00. The majority of the sidewalk replacement is not adjacent to streets included in the 2010 Street Rehabilitation program. Staff recommends the cost for hazardous sidewalk replacement be absorbed. by the Infrastructure fund. FEASIBILITY: The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technicaiiy feasi'rtie as prescribed iii t1-e cot;struGtioii recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: Construction is scheduled. to begin in late spring of 2010, with substantial completion occurring in the late summer of 2010. Council receives Feasibility Report and orders Public Improvement Hearing January 25 Public Informational meeting prior to Public Improvement Hearing February Public Improvement Hearing and Council orders Public Improvement Project March 1 Council Approves Plans and Specifications, Authorizes Advertisement for Bids March 8 Bid Opening April 15 Council Awards Contract April 26 Begin Construction May 13 Construction Completed August 2 25 FINANCING: Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds (population apportionment), and utility funds. The estimated construction costs for each option are as follows: Type of Construction Proposed Assessments Infrastructure Fund Partial Reconstruction $ 90,500. $ 39,000. Mill and Overlay $ 175,000. $ 29,000. Engineering and Administration $ 30,500. The assessments reflect a flat fee of 10% of the construction cost included in the amount to assess for a portion of the Engineering and Administration costs. Percentages proposed to be assessed far street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed. as part of the Zone 5 project will be paid for from the appropriate utility fund. Proposed sidewalk repair is not included in the infrastructure fund amount. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and. past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessinent~olicies, assessments would be on a Street and. Avenue parcel basis. A Street assessment woaild be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending''/2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. 26 2010 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS -PROJECT NO.1002 ZONE S STREET REHABILITATION PROGRAM (Sections 26 and 3S, T30N, R24Vt~ I. PARTIAL RECONSTRUCTION Estimated Cost: $ 129,500. Assessable Construction Cost: $ 90,500. Estimated Assessed Cost per Parcel Residential Street: $ 1,722.00 Residential Avenue: $ 574.00 II. L OVERLAY Estimated Cost: $ 204,000. Assessable Construction Cost: $ 175,000. Estimated Assessed Cost per Parcel. Residential Street: $ l ,644.75 Residential Avenue: $ 548.25 27 CITY COUNCIL LETTER Meeting of: 1/25/10 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-010 ACCEPTING BY: h. Hansen THE FEASIBILITY REPORT FOR ZONE 4 STREET DATE: 01 /21 /2010 SEAL COAT AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1001 CITY MANAGER BY: DATE: Background: Staff has developed preliminary plans and prepared a Feasibility Report for Zone 4 of the Annual Seal Coat Program. The Seal Coat area is located between University Avenue Service Drive and Monroe Street/Central Avenue from 48t" Avenue to 53`d Avenue. In accordance with the Street Rehabilitation Policy, Zone 4 streets that were rehabilitated in 2000 are being seal coated at the City's cost (City pays for first seal coat}. Streets included in the 2009 Street Rehabilitation program will not be seal coated until the next rehab cycle. The map included with the Feasibility Report displays the streets proposed for Seal Coat and the funding source. Analysis/Conclusions: The seal coat program helps preserve and maintain existing bituminous streets in good driving condition. Particular issues are summarized below: 1. Assessment Methodology: The Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are'/3 of the street rate extending '/2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $294 per Street parcel and $98 per Avenue parcel. 2. Financing: The e~ti'.;iated ~r~a;p~trir;rtinn ~ngt ig 4:7(152,000. 100% cef the ceal rat ersnctrurtinn ~ngt ig a~geSgeel to property owners, or City funded for the first rehab cycle following rehabilitation. 3. Meeting dates: Staff is recommending the public improvement hearing be scheduled preceding the Zone 5 Street Rehabilitation Hearing on March 1, 2010. The bidding process will be administered by the City of Coon Rapids as part of a multi-City JPA for various street maintenance activities. COUNCIL ACTION: 29 CITY COUNCIL LETTER Meeting of: 1/25/10 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-010 ACCEPTING BY: K. Hansen THE FEASIBILITY REPORT FOR ZONE 4 STREET DATE: 01/21/2010 SEAL COAT AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CI'TI' PROJECT NO. 1001 CITY MANAGER BY: DATE: Continued -Page 2 Recommended Motion: Move to waive the reading of Resolution 201.0-10, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2010-10, being a resolution accepting the feasibility report for Zone 4 Street Seal Coat and ordering the Public Improvement Hearing on March 1, 201.0, City Project No. 1001. Attachment(s): Resolution 2010-10 Feasibility Report Seal Coat Area Map KH: ky COUNCIL ACTION: 30 RESOLUTION 2010-10 BEING A RESOLUTION ACCEPTING THE FEASIBH..TTY REPORT FOR ZONE 4 STREET SEAL COAT AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT NO.1001 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution 2009-185, a report has been prepared by the Director of Public Works with reference to the Zone 4 Street Seal. Coating Program, and WHEREAS, Zone 4 is bounded by University Avenue and Monroe Street/Central Avenue, from 48`h Avenue to 53`a Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 25, 2010 NOW THEREFORE BE TT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, SOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $208,000. 2. A public hearing shall be held on such. proposed improvement on the is` day of March, 2010, in the City Council Chambers at 590 40`h Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 25''' day of January, 2010. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Ca11: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 31 City of Columbia Heights FEASIBILITY T~EPORT FOR 2010 T ET IITTI S +~ A I O ES I T 1001 January, 2010 ENGINEERING DEPARTMENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763- 706-3 700 •:• 763- 706-3 701 (Fax) 32 BITUMINOUS SEAL COAT IMPROVEMENTS ZONE 4 COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 1001 LOCATION: The following local bituminous streets in Zone 4 are included: University Service Drive 48t" Avenue to 53rd Avenue 4`" Street 48t" Avenue to 53rd Avenue 5`" Street 48t" to 49t" and SOt" to 53`d Avenues 6t" Street 48t" Avenue to 53`d Avenue 7`" Street 48t" Avenue to 52na Avenue Washington Street 48t" Avenue to S l St Avenue Madison Street 48t" Avenue to 51St Avenue 48t" Avenue University Service Dr to Washington Street SOt" Avenue Washington Street to Jefferson Street S l St Avenue University Service Dr to 6t'' Street and 7` Street to Washington Street Sullivan Drive 7t" Street to Washington Street 52°d Avenue University Avenue Service Dr to 7t" Street This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface. INITIATION: n~arl.JnA c v rr i.aaU BENEFITTING: OWNERS IMPACTED City Councit, as part of an ongoing bituminous street preservation strategy. The l~^,~:a`tlon of eadh gtreet '.S aesCr.heGl helniz~ and, chaum nn the attarhad map. The total number of assessed parcels is 963. 1. University Service Drive 2. 4`" Street 3. St" Street 4. 5`'' Street 4. 6t" Street 5. 7`'' Street 6. Washington Street 7. Madison Street 8. 48t" Avenue 9. SOt" Avenue 10. 51St Avenue 11. 51St Avenue 12. Sullivan Drive 13. 52°d Avenue 48t" Avenue to 53`d Avenue (39) 48t" Avenue to 53`d Avenue (118) 48t" Avenue to 49t" Avenue (22) SOt" Avenue to 53`d Avenue (86) 48t" Avenue to 53`d Avenue (147) 48t" Avenue to 52°d Avenue (75) 48t" Avenue to 51St Avenue (51) 48t" Avenue to 51St Avenue (61) Univ Service Drive to Washington St (108) Washington Street to Jefferson Street (18) University Service Dr to 6t" Street (90) 7t" Street to Washington Street (14) 7t" Street to Washington Street (19) University Avenue Service Dr to 7t" St (115) 2 33 ISSUES: The City Council identified the need to preserve and maintain the existing bituminous streets and extends the life of the pavement in good driving condition. FEASIBILITY: The improvement as proposed is necessary, cost-effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in the spring of 2010, with substantial completion occurring in late summer. This year the seal coat contract is being administered by the City of Coon Rapids under a joint powers agreement with several north-metro cities. Council accepts Feasibility Report and orders Public Improvement Hearing January 25 Bid Opening for Seal Coating (City of Coon Rapids) February 26 Public Improvement Hearing and Council orders Public Improvement Project March I Columbia Heights Council Concurs with Bids March 8 Coon Rapids' Council Awards Contract April 6 Begin Construction -Bituminous Repairs (Force Account} May Begin Construction -Seal Coat (Project-wide} July or August Construction Completed (Project-wide) August 31 FINANCINCd: The estimated cost for Seal Coating is $208,000. (construction cost only). ASSESSMENT: The Seal Coating project for those street listed above will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are 1/3 of the street rate extending %2 block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $294.00. DESCRIPTI(3N OF WORK INVQLVED: rr i ~ ~ 1_'--.-1_____~i____~11_ O_.;.1 + rubiic Works Starr - proviaes cituminous street repairs aiiu patcaitt-~ uiruu~-,vu~ uie JGCtI Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient hitt~mi_n_ous areas; and patching or paving with new bituminous. + Concrete curb and gutter repairs -provide repairs to short segments of curb & gutter due to damage or joint separation which impedes gutter flow. + Application of Seal Coat (emulsion and cover aggregate) -Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading FA-2 granite or trap rock as a cover aggregate. The road surface is finished by rolling with a tire-based roller for proper aggregate penetration and distribution. 34 2010 IlVIPROVEMENT PROGRAM COLUMBIA HEIGI3TS, MINNESOTA ESTIMATED ASSESSMENTS -PROJECT 1001 ZONE 4 STREET SEAL COATING PROGRAM (Section 26, T30N, R24~ Seal Coating: Estimated Cost $207,946.20 Estimated Cost per Parcel Street: $ 294.00 Avenue: $ 98.00 35 CITY COUNCIL, LETTER Meeting of: 1/25/1.0 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: AUTHORIZATION TO SEEK BIDS FOR 2010- 2011 DUTCH ELM, OAK WILT, EMERALD ASH: BORE DISEASED TREE AND HAZARDOUS TREE REMOVAL PROGRAM BY: K. Hansen DATE: 1 / 19/ 10 BY: DATE: Background: Staff requests authorization to seek bids for the 2010-2011 Dutch Elm, Oak Wilt, Emerald Ash Bore Diseased Tree and Hazardous Tree Removal. Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers atwo-year period. The current contract ends December 31, 2009. Analysis/Conclusions: Funding for tree removals comes from the General Fund for trees on public rights-of--way or land. Funding for privately owned trees is funded 25% by the General Fund with property owners paying for the other 75%. In 2008, the City's tree contractor removed 155 trees, 96 public and 59 private and in 2009, 121 trees were removed, 43 private and 78 boulevard. RECOMMENDED MOTION: Move to authorize staff to seek bids for the 2010-2011 Dutch Elm, Oak Wilt, Emerald Ash Bore Diseased Tree and Hazardous Tree Removal Program. COUNCIL ACTION: 37 CITY COUNCIL LETTER MeetinP ot: AGENDA SECTION: CONSENT AGENDA (ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: PUBLIC WORKS BLANKET ORDERS FOR 2010 BY: K. Hansen PURCHASES DATE: January 14, 2010 CITY MANAGER BY: DATE: Background: Public Works has several. purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $15,000. Staff is requesting authorization to process blanket purchase orders for 2010 to cover the items described herein. Analysis/Conclusions: The adopted 2010 Public Works Budget has the following amo~ints established for de-icing salt and fuel: 2010 Budueted Amounts • De-icing salt for sanding operations $ 39,000 • Fuel for City vehicles $137,500 + Bituminous Asphalt far patching and paving $ 79,500 • Water Stop Box Repairs $ 63,900 Public Works Department purchases salt off of the State of Minnesota Contract, which is bid for the 2008-2009 whiter season for multiple municipalities. The 2009-2010 contract for salt is in effect from June 8, 2009 until June 7, 2010, so the vendor and ~init price may change. The current contract supplier is Cargill. In the past, the City has purchased. is unleaded and diesel fuel. off of the Anoka County Cooperative Purchasing Contract. This year the fuel purchasing is offered as a State of Minnesota Contract, with multiple cities and. counties participating. The City will purchase 60% its fuel off the state contract and the remainder off the lowest available purchasing contract, which in recent years has been Anoka County. For street patching and repairs, staff obtains unit price bids for asphalt materials annually and in 2009, the primary source was Commercial Asphalt. For delinquent accounts and foreclosed properties, the City repairs water stop box repairs in accordance with City ordinance. Pricing for curb stop repairs is provided on a unit price basis for atwo-year term. ~ ~ T__ , cr+,. i + a „nt not-tW- iCeCOnlffiC1dCt11lfiCDiiUn: Pv1UVC approval to ai.itiiorize Sufi. iv prvccSS blannc^~ piIrchaSe voruerS iri an a~,~~u exceed the 2010 budget amounts for: + De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract • Fuel (unleaded and diesel) for City Vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt, or Bituminous Roadways or C.S. McCrossan. • Curb stop aiid service repairs, for delinquent accounts and foreclosed properties, performed on an annual basis. KH:bt COUNCIL ACTION: ~~ CITY COUNCIL LETTER Meeting of: 1/25/10 AGENDA SECTION: CONSENT I ORIGINATING DEPARTMENT: (CITY MANAGER PUBLIC WORKS ITEM: LEASING OF MUNICIPAL WATER TOWER BY: K. Hansen BY: SPACE FOR CLEAR WIRELESS LLC DATE: 1/21/10 DATE: ANTENNA (S) Background: Clear Wireless LLC contacted the City late in 2009 with a request to lease space at the Municipal Water Tower for a PCS antenna installation. This service area that includes Columbia Heights has experienced coverage drops. Attached is a plan set that detailing the both the antenna installation and the ground lease space for a control cabinet. Under the lease, Clear Wireless LLC would install a 110-foot tall monopole along with an equipment building on the ground and connecting equipment. The equipment building would be approximately an 11'6" x 30' in a 25' x 55' lease area, which would be chain link fence enclosed. Verizon Wireless 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 the final form having been reviewed by the City Attorney working with representatives of Verizon Wireless for final content, including lease rates. The main paints of the lease are: • Initial annual lease rate: $22,500 • Annual escalation on lease: 3% • Initial term: 5 years • Renewable term: Five additional, five-year terms. The annual revenue is consistent with what the current water tower leasing market has seen lease rates in 2009. Staff feels that by leasing space at the municipal water tower, the City will gain another form of revenue with minimum impact. Current lease revenue from antenna leases is currently directed to Fund 226 -Special Projects Funds. The 10' x 10' = 100 ft` lease space as shown allows adequate access to the water tower, Anoka County lease space, and Sprint lease space. An interference study is required as part of the lease to verify that there will not be any issues with operating a new antenna array with any of the existing cellular or radio uses of this site. It should also be noted that in the future there is Likely only sufficient remaining space for one additional lease on the tower and land area. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Clear Wireless LLC for the use of designated land and water tower space at the Municipal Water Tower, 3700 Stinson Boulevard. Attachment: Lease Agreement Project Plans KH:kh COUNCIL ACTION: 39 SITE NAME COLUMBIA HEIGHTS WATER TOW ER SITE NUMBER: MN-MSP0125 CO>V~CATION SITE LEASE AGREEMENT (WATER TANK THIS COMMUNICATION SITE LEASE AGREEMENT ("Agreement") dated and is effective as of January, 2010, is between Clear Wireless LLC a Nevada limited liability company, with an address at 4400 Carillon Pt, Kirkland, WA 98033 ("Clearwire" or "Tenant") and the City of Columbia Heights, a Minnesota Municipal Corporation ("Owner" or "Landlord") with an address at 590 40th Ave NE Columbia Heights, MN 55421. For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank") located in the City of Columbia Heights, County of Anoka, State of Minnesota, commonly known as 4700 Stinson Boulevard, Columbia Heights, MN 55421 (APN: 25-30-24-44-0102. The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately (I Oft X IOft) 100 square feet of Land and space adjacent to and/or on the Water Tank and alt access and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in Exhibit B attached hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on "February 1, 2010"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests"} that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the 'Term Commencement Date. 3. Use. 3.1 User Priority Tenant agrees that the followin,~priorities of use in descending order shall apply in the event of communications interference or other conflict while this Lease is in effect and Tenant's use shall subordinate accordinely: a. Landlord; b. Public Safety agencies, including law enforcement, fire, and ambulance, that are not part of the Landlord; c. Other governmental agencies where use in not related to public safety; and d. 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 cellular, not including radio or television. 3.2 Tenant may use the Premises for any lawful activity in connection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 3.3 Tenant's facilities shall consist of antennas located at a radiation centerline of 114.9' AGL, along with cables and appurtences connected to an accessory building or cabinet located on the Leased Premises Clearwire Communication Tower Agreement -4~- v.5-22-06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NLiMBER: MN-MSPOI25 (Exhibit `B"). Landlord and Tenant shall comply with all applicable ordinances, statutes, and regulations of local, state and federal governmental agencies. 3.4 All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be made 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. If Tenant's Antenna Facilities are mounted on the Water Tank they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. 3.5 Tenant agrees, prior to any installation, to allow all plans and specifications for improvements to be reviewed and approved by the Landlord (or a qualified consultant selected by the Landlord, such approval shall not be unreasonably withheld, delayed or conditioned. Any and all objections to such plans and specifications shall be made in writing within 30 business days of Tenant's submission to Landlord of final plans and specifications. Failure to object in such time will be deemed consent by Landlord of all plans and specifications. 3.6 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. Said drawing shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. 3.7 Upon notice from Landlord, Tenant shall promptly (within 30 days) pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Water Tank, that are caused by the Tenant's occupancy of the Leased Premises. 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18} months following February 1, 2010, whichever first occurs ("Term Commencement Date"} and shall terminate on the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent: Amount/Adjustments. Within fifteen (15} business days following the Term Commencement Date and on the T"first day of each month thereafter, Tenant shall pay to Landlord as refit vile Thousand Eight Hundred Seventy Five and 00/100 Dollars ($1.,875.00} per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at 540 40`h Avenue NE, Columbia Heights, MN 55421; Attention: City Manager. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. Rent for each subsequent year lease shall be increased by three (3) percent of the previous lease year's annualized rent. 6. 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 an engineering study specified in section 9.2 below on the Structure to be conducted at the Tenant's expense. Landlord shall cooperate with the Tenant in its efforts to obtain and retain such approvals and shall take no action that would adversely affect the status of the Leased Premises with respect to the Tenant's proposed. use thereof. Improvements. 6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and Clearwira Communication Tower Agreement -4.,) - v.5-??-06 S77E NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER. MN-MSP0125 structures therefore ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before tiie expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. 8. Access and Utilities. 8.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24} hours a day, seven (7) days a week, as generally described in exhibit B and at no charge to Tenant. Landlord grants to Tenant, and Tenant's agents, employees and contractors, anon-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described generally in Exhibit B. 8.2 Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 8.3 in consideration of the Rent, Landlord shall provide 40 amps of electrical service to Tenant at no charge to Tenant through Landlord owned facilities, if available. Interference 9.1 No Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use hest efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 9.2 Interference Study. Before obtaining a building permit, Tenant must pay the reasonable cast 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) and engineering study showing that the Structure is able to to support the Tenant's Antenna Facilities, as defined in this Lease, 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 rent to Tenant. 10. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and Landlord shall pay when due, all I°eal property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. 11. Termination. 11.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice 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, except that this Agreement shall not be terminated. if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This Clzarwire Communication Tower Agrzzment -4~- v.5-32-06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER: MN-MSPOI25 Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant delivers written notice of termination to Landlord prior to the Commencement Date. 11.2 This Agreement may also be terminated by Tenant without further liability on thirty (30) days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing, maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose. 12. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 13. Insurance; Subrogation; and Indemnity. 13.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. The limits of liability for the insurance required by the City of Columbia Heights shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. Worker's Compensation, etc.: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 Comprehensive General Liability: i. Bodily injury finciuding campieted operations and products liability): $1,000,000 Each Occurrence $? 000,000 Annual Aggregate 2. Property Damage: $1,060,000 Each Occurrence $2,000,000 Annual Aggregate or a combined single limit of: $5,000,000 3. Property Damage Liability Insurance will provide Ezglosion, Collapse and Underground Coverage's where applicable. Personal Injury, with employment exclusion deleted: $1,000,000 Annual Aggregate Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence or combined single limit of $1,000,000 Clenrwire Communication Tower Agreement -4=},- v 5-?2-06 SITE NAME COLUMBIA }[ElOtrrS WATER 70WER SITE NUMBER. MN-MSP0125 a. Additional Insured -Certificate of Insurance. Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance. Tenant will name Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. b. Certificate of Insurance shall meet (new} MN Statute 60.A39 -Certificates of Insurance. 13.2 Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance covering bodily injury and. property damage with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connections with landlord's use, occupancy and maintenance of the Property. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI evidencing the coverage required by this Section. 13.3 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all. claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses"} arising from the indemnifying party's breach of any term or condition of this Agreement or fram the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 14. Assignment. Tenant shall not assign any interest i17 this Agreement without the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed provided however that Tenant may, without Landlord's consent, assign this Lease to a corporation which is a partner, parent, subsidiary or affiliate of Tenant. For the purposes of this Section, a "parent" shall mean a corporation which owns not less than fifty-one percent (51 %) of the outstanding stock of Tenant, a "subsidiary" shall mean any corporation not less than fifty-one percent (51%) of whose outstanding stock shall be owned by Tenant, and an "affiliate" shall mean any partner or corporation not less than fifty-one percent (51%) of whose outstanding stock shall be owned by the Tenant's parent. Upon such assignment to a partner, parent, subsidiary or affiliate of Tenant, such assignee shall succeed to all rights and options of the Tenant hereunder. It is hereby expressly understood and agreed that the assignment of this Lease and the term and estate hereby granted, to (a) any corporation into which Tenant is merged or to which Tenant has sold all or substantially all of its assets, or (b) any entity which is an Affiliate or (c) any entity which is a transferee or assignee of Tenant's FCC wiLreless license as part of the sale or %x%ijaijg% of aii vr. a majGr2t`y' of Tenaiit'S Situ iik the jijarket ii1 1v'ilicti. tiie i~rekikiSeS iS ivcuted (akiy' such corporation, entity or transferee in (a), (b) and (c) being hereinafter called "Assignee"), shall not require Owner's consent; provided (x) that Assignee and Tenant shall promptly execute, acknowledge and deliver to Owner an assignment agreement in form satisfactory to Owner, and (z) that the Assignee is an FCC licensed telecommunications company and otherwise properly licensed to operate the wireless communications system. Tenant, may also, upon notice to Landlord, mortgage or grant a security interest in Tenant's equipment, and may assign this Lease and the equipment to any mortgagees or holders of security interest, including their successors or assigns collectively ("Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. If reasonably required by the Mortgagees, Landlord shall execute such consent to Leasehold or equipment financing. The foregoing notwithstanding, under no circumstances shall any assignee or Mortgagee of Tenant have any property rights in the Building beyond that of a leasehold interest for the term of the Lease. 15 Title and Ouiet Enjo Iy Went. 15.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and Clemlvi re Communication Tower Agreement -4$4- v.5-2?-U6 SITE NAME COLUMBIA FIEIGIrrS WATER TOWER SITE NUMBER: MN-MSPOI?S allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Properly and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 15.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right to terminate this Agreement upon 30 days written notice to Landlord. 16. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant shall each indemnify, defend and hold the other harmless from. and against all. Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses} arising from (i) any breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such teens are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been ar is in the future determined by any governmental entity to be prohibited, limited ar regulated by any applicable environmental law or regulation. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal praperty under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 18. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: if to Landlord, to: Attn: Site Leasing Attention: Legal Department City Manager 4400 Carillon Point 4400 Carillon Point City of Columbia Heights Kirkland, WA 98033 Kirkland, WA 98033 590 40`h Avenue NE Telephone: 425-216-7600 Telephone: 425-216-7600 Columbia Heights, MN 55421 Fax: 425-216-7900 Fax: 425-216-7900 Fax: 763.706.3601 Email: Siteleasin clearwire.com Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. Clearwire Communication Tower Agreement -4~- v.S-2?-06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER. MN-MSPOI25 19. Marking and Lighting. Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited because the Properly is not in compliance, Tenant may terminate this Agreement upon 30 days written notice to Landlord. 20. Miscellaneous. 20.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant in advance in writing of the payee's name and address. 20.2 The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 20.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 20.4 Terms and conditions of this Agreement, which by their sense and context survive the termination, cancellation, or expiration of this Agreement will so survive. 20.5 This Agreement shall be governed under law of the State of Minnesota, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 20.6 A Memorandum of Agreement in the form. attached hereto as Exhibit C may be recorded by Tenant confirming the (i} effectiveness of this agreement, (ii} expiration date of the Term, (iii} the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. 19.920 All Exhibits referred herein are incorporated herein for all purposes. 20.8 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 20.9 Landlord agrees to disclose the terms of this Agreement or any other written agreement between the parties only as required by Minnesota law. Cleanvi re Communicafion Tower Agreement -4~- v.5-22-06 SITE NAME COLLIMBIA HEIGHTS WATER TOWER SITE NUMBER MN-MSP0125 IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. TENANT: Clear Wireless LLC, a Nevada Limited Liability Company By: _ Name: Title: Date: LANDLORD: CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal Corporation By: City Mayor Date: By: City Manager Date: Tax I D: Clearwire Communication 'Tower Agreement -4~- v.5-2?-06 SITE NAME COLUMBIA HL-iGHTS WATER TOWER SITE NUMBER: MN-MSP0125 STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Columbia Heights, a Minnesota Municipal Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal} STATE OF } } ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before rne, and said person acknowledged that he/she signed this instrwnent, on oath stated that IFe/she dvas authorized to execrate the instrument and acknowledged i± as the Ci*y Manager of the City of Columbia Heights, a Minnesota Municipal Corporation, to be the free and voluntary act of st-eh party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires Clearwire Communication Tower Agreement -4~- v.5-22-06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER: MN-MSP01?5 STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person. who appeared before me, and said person acknowledged. that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Aynemeni ]~ - v.5-??-06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER. MN-MSPUl2j EXHIBTT A DESCRIPTION OF LAND to the Agreement dated January 25th, 2010, by and between CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal Corporation, with an address at 590 40th Ave NE Columbia Heights, MN 55421, (hereinafter referred to as "Owner" or "Landlord"} and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Pt, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant"). The Land is described and/or depicted as follows (metes and bounds description): APN: 25-30-24-44-0102 Parcel Number: 25-30-24-44-0102 LEGAL DESC TION OF CITY'S PROPERTY: f~~I=~C'I, 1. LCpT TI-111~TEEf~ (13, 13Lt~C. MINE f~ EXCEPT Tl-IE I~~JI~THEF~L4' 1'~"tir~~1 C`~-t=1~~`E ;;~:'~'j FEE"I , €-F~Ct~M l I~ F~EAI~, ~ NEC~k:[,~F, HILL I CJF ACCt~I~<[~!!IN~ TO TIE hv~~tF' C~F~ FLAT Tf=EE~E~F Q FIE ~.l~i~ CAF ECC~i~ f°~ ThC ~~1'ICE C)F THE I~ECISTAI~ CF TITLCS I~ r'~(~1C) FC~F~ ~~~`~K, t~~1~~~1Y, ~~~~ItU~FSt7i~,, P~,RCEL 2; LET FC~kJE~TEE~I r'14y, ~LC7C` ~111C (9}, ~'IILLTC~~ I~C~'C)RC~INt~ TCt THE P~.F*A~ C~f~ (?L.~.T TNEf=~ECIF ~N FILE ~I~[~ ~7F 1-~EC~~D (fV THE OFFICE CkF' TIIE I~CI~TI~o~I~ Cl- TITS C~ IC~~ AQ 1`Cl~ ~C71~~: CC~1.INTY, ~.~~INtvE~t~tlt, Clearnire Communication To~~er Agreement - ~1 - ~~.j-??-U( SITE NAME COLUh7BL4 EIEIGFiTS WATER TOWER SITE NUMBER; MN-MSPOI25 ExHlsrr s DESCRIPTION OF PREMISES to the Agreement dated January 25t", 2010, by and between CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal Corporation, with an address at 590 40th Ave NE Columbia Heights, MN 55421, (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Pt, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant"). The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes• 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The locations of any utility easements are illustrative only. The servicing utility company in compliance with all local laws and regulations will determine the actual locations. Clearwire Communication Tower Agrezment - ~~ - v.5.22-Ob SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBERS MN-MSP0125 EXHIBTT C COMIVIUNICATIONS FACILTTY to the Agreement dated January 25`", 2010, by and between CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal. Corporation, with an address at 590 40th Ave NE Columbia Heights, MN 55421, (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Pt, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or ``Tenant"). RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: 4400 Carillon Point Kirkland, WA 98033 Attn: Site Leasing MEMORANDUM OF AGREEMENT APN: 25-30-24-44-0102 This MEMORANDUM OF AGREEMENT is entered into on 2010, CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal Corporation, with an address at 590 40th. Ave NE Columbia Heights, MN 55421, (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Pt, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant"). Owner and Clearwire entered into a Communication Tower Agreement ("Agreement") dated as of 2010, effective upon February 1, 2010 ("Effective Date") for the purpose of Clearwire undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Clearwire's tenancy under the Agreement is for five (5}years commencing on the date Tenant begins construction of the Tenant Facilities or eighteen (18) months following February 1, 2010, whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the Term Commencement date with five (5) successive five (5) year options to renew. 3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. Clearwire Communication Tower Agreement - ~.y - °.5"'~-'"06 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUMBER: MN-MSPOI25 In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. TENANT: Clear Wireless LLC, a Nevada Limited Liability Company LANDLORD: CITY OF COLUMBIA HEIGHTS, a Minnesota Municipal Corporation By: EXIiIBIT ONLY - DO NOT EXECUTE By: EXIi~IT ONLY - DO NOT EXECUTE Name: City Mayor Title: Date: Date: By: City Manager Date: Clearvnre Communication `tower Agreement - ~~ - v.54?-OG SITE NAME COLUMBIA HEIGFITS WATER TOWER SITE NUMBER: MN-MSP0125 STATE OF ) ss. COUNTY OF 1 I certify that I know or have satisfactory evidence that is the person who appeared before rne, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Columbia Heights, a Minnesota Municipal Corporation, to be tl~e free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) STATE OF COUNTY OF ss. I certify that I know or have satisfactory evidence that is the person vJho appeared before :7:e, °nd Sa.d person ackno::,ledged that he/~l-;e cignc`r) thic inetrl~rnent~ nn oath stated that he/she was authorized. to execute the instrument and acknowledged it as the City Manager of Columbia Heights, a Minnesota Municipal Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires Clearwirc Communication Tnwer Agreement - ~~ - v.5-22-06 SITE NAME COLUMBIA HEIGHTS WATER TOW GA SITE NUMBER. MN-MSP01?5 STATE OF ) ss. COUNTZ' OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated. that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and. voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - ~~ - v.5-?2-U6 SITE NAME COLUMBIA HEIGHTS WATER TOWER SITE NUM6ER. MN-MSPUI?5 EXHIBIT A Parcel Number: 25-30-24-44-0102 LEGl~L DESGIIPTICN F~F:~EI,. 1. LC~T THIF:~EEN ~~1~, BLC7C~4 [MINE ~~ EXCEPT TFfE 1~~~THEFrLY T'~~'~JkN`Y-FIVE {~'~~ F-EE k"", FF~C',~11' ~N F~E~H, "1"HEPEc~#~, HILL"T"C~F~ po~GCI~C?ING TC~ THE hw'tAF' C~f~ F'LaT TE-'EF~E+~F ~~U FI;_E .AI~CJ +~7F RECORD IN TI~-~E ~FFICC ~F THE F~EGISTI~Ai CAF TITLES IN ANa >=C~H,~NC~K~ CC~LIN"~.Y, 1~.11N'~JE~aC~`lf~, Pt~F;CCL 2; LOT FC~E)f~TEEN r~i~, °~LC)C~ NINE 4~j, ~IILLTC~~' i+a~~;C`C?RC71N TC~ THE h~.°~r~? t~~ i'L.A,T THEE=~E4~F CAN FILE ,4Nt~ ~F i~EC~F:C} IN THE Ok~FIC.E 01- THE I~ECISTR~F~ OF TITES IN ~1~~ EOF~ A~NOKt~. C~C~t_1NTY, ?4~11N1"~~-~aC?1'1l. 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POLICE APPROVAL: ITEM: Approve Transfer of Funds for Safe and Sober BY: Scott Nadeau BY: and AHDTF Overtime from General Fund to DATE: January 1 S, 10 DATE; Police Dept Budget Overtime Line #1020 NO. BACKGROUND The Columbia Heights Police Department has been participating in the Statewide Safe and Sober program. We have recently been reimbursed by Caon Rapids, the agency coordinating the grant, in the amount of $942.08 for the overtime expended far the October 2009 seat belt wave. The money was originally paid out of our Overtime budget and. we would like to reimburse these funds. Also, the Police Department currently has an officer in the Anoka-Hennepin Drug Task Force (AHDTF}. The AHDTF is partially funded by a federal grant administered by the State of 1Vlim~esata that covers partial reimbursement of overtime incurred by the AHDTF officers. For the fourth quarter of 2009, the Police Department has received a check from Anoka County in the amount of $1,200 as partial reimbursement for the overtime of our AHDTF Officer. ANALYSIS/CONCLUSION The $942.08 for the Safe and Saber program and the $1,200 far the A.HDTF Overtime were deposited into the General Fund. The Police Department is requesting that these funds be moved back into the 2010 Police Department Budget line 1020 Overtime, fraln the General Fund. RECOMIVIENIIED 109:0 TIC3N X R.... a.. s......,.,,F ., Q'!l~"} !1Q a&.~. f ~vvs rtan n.. ,-o., o; s.o.~ 4-e» C'1 n T?areir~o 0o rvixn~a zr~°v~<ie t far av.E".r t::ne ivtV ve w tlatl~tct ,per-t~,.vc~, tats amaiFitt vt ttavtad.y ts..~s.t v ~.u dsvtit t..av2"i s.~cap~auu uo ati.a.~~v~ n worked from our participation on the Safe and Sober program, and $1,200, the arnaunt of money received from Anoka County as partial reimbursement far overtime worked by our member in the Anoka/Hennepin Drug Task Force far the fourth quarter of 2009, frazn the General Fund to the 2010 Police Department Budget line 1020, Overtime. kao COUNCIL ACTION: 70 245242 Payee: 148367 COLUMBIA HEIGHTS POLICE DEPT Check No. - 245242 Check Date -12/14/2449 PO Stub 1 of 1 Supplier Invoice No Date Remark 12d8G9 12/$/2049 SAFE & SOBER PROGRAM _ .,,"-- ~ ~~ e ~~~. ~~~~~ PEASE DETACH 6EFORE DEPOSIT4NG Amount 942.68 942.48 -__.._.... •~• ~ YdFLL.S FfiRGO BA(~3K 2g.5 242 1 i•t ~~ ~~~ ~ GOON RAPIDS, tviN 55A33 9t0 aNMC~bwme,• ~~~ NunneER 40245242 i I I5f ilnbicmu Dti l.J's~ CwnRapkk.hM Sadl]•37ai 7e1: T63.7ff.IB60 r~:Ias.N~.a+si Tviinnesoca ,~,>«~~~^^~, oArEl2/10/2449 A~1nouNT S*******942.d8 ~~1°' NINE• HUNDRED FORTY TWO AND 48/10d**************'~~`**~*~'~k*'~*****'~*~*******~~*****~**~k rarr~e .. COLUMBIA_ HEIGHTS POLICE .DEPT ~_/,, ORDER ~ es~ ,. `7K'' r~ ~-- :OF, ~ AU7NORiZED SIGNRTURES 71 ~-~ z4~ ~~, 2i~' `:o~ ~oooo i9~:o0 goo ~ti ~oo~~• S, ` ~€~UNTY ~F .A,.I~TC~]E~A aioa Txu~v ~vErruE ANt]K.~4., MINNESt3TA 55303 .l~N~~l~ ~dUN~Y ~Y i:tCiii: '•:4:i~NY.+.~wp:~:ti~i=.°iiY. ~ , pqy . One :7`housantl .Two .Hundred LDoI/ars And Zero Cents *;'~ # ~ * ~ *' * *'.'* To THE OR~EEi of CITY 'OF COLUMBIA HEIGHTS POLICE DEPARTME~ET. :559 :MILL :STREET 'tVE 'COLUMBIA NGHTS,MN 55421 United S#a#es WELLS FARGO BANK MINNESOTA N.A. ANOKA, MINNESOTA ~~~ ~ a ~o = ~ 5i~® ~.o~ ~oooo zqa. oo ~ooo~ ~oo~~~ ,4NOKA COUNTY 31-DEC-2009 Dec 31, 20 REMITTANCE ADVICE DATE Jan 12, 2010 REIMBURSE 4TH QTR [NARCOTICS GRANT ~~ 1. vo "3~(~ I ao 00 CHECK N0. 1120125 1, 200.00 1, 200.00 72 07ai 3W CITY COUNCIL LETTER Meetin of: Janua 25, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: January 20, 2010 BY: BACKGROUND/ANALYSIS Attached is the business license agenda far the January 25, 2010 Council meeting. This agenda eonsists of applications for 2010 Contractor licenses, a 2010 Massage Therapist License, and a Temporary Liquor License for Immaculate Conception for February 12 & 13, 2010. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOM1t~NDED MOTION: Move to approve the items as listed on the business license agenda for January 25, 2010 as presented. COUNCIL ACTION: 73 TO CITY COUNCIL January 25, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *St Paul Plumbing & Htg *River City Sheet Metai *Pierce Refrigeration *Anderson Htg & Ac *Air It Indoor Comfort *Artic Mechanical *Dave's Htg & AC *Centerpoint Energy *Budget Plumbing *Valley Aire Inc Central Htg & Cooling LLC *Cronstrom's Htg & AC *Bonfe's Plmb, Htg, Air 640 Grand Ave, St Paul 8290 Main St, Fridley 1920 2°d Ave So, Anoka 4347 Central Ave, Col Hts 1.0524 Quebec Ave N, Brk Pk 5255 Edinburgh Way, Big Lake 1601. 37t" Ave, Col. Hts 9320 Evergreen Bivd, Coon Rapids 855 Hwy 169 N, Plymouth 7125 W 126`" St, Savage 26009 Nightingale St, Isanti 6437 Goodrich Ave, St Louis Pk 505 Randolph Ave, St Paul $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 *AM Plumbing Inc. *Walsh Plumbing Inc *Terry Overacker Plumbing Robillard Plumbing *Bill Fignar Plumbing Co. *Park Plumbing Inc *Cities PI & Htg *Kasper Excavating *Advanced Design Inc 14965 209t" Ave NW Elk River 9711 6t" St NE, Blaine 502 E Main St, Anoka 10720 Dunkirk Ln N, Maple Grove 2844 Johnson St, Mpls PO Box 896, Winsted 1.274 Grand Ave, St Paul 16150 64t" St, Becker 1600 29t" St, Cloquet *Gosiak "Tree Service 9578 110'" St, Little Fails *Aaspen Tree Service 970 Wayzata Blvd W, Wayzata *Matt's Tree Service 2751 Hennepin Ave, Mpls MASSAGE BUSINESS/INDIVIDUAL *Hart Lake Massage/Jennifer Pyper-Muno 3813 Hayes St TEMP LIQUOR *Immaculate Conception Church 4030 Jackson St for February 12 & 13t", 2010 $60 $60 $60 $60 $60 $60 $60 $60 $60 :DbU $60 $60 $500/$100 $200 74 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 25, 2010 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of biPls out of the proper funds, as listed in the attached check register covering Check Number 133212 through 133473 in the amount of $ 2,763,727.65 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 75 H c~ x ~ -~ oa H p: K K W W + •x x ~ -~ o ~ ~ U ~ H ~q O i~ i~ + ~ ~ -% # Cq ~+ a~ i~ i~ po ~ ~ U>' U ~ ~ e W U] P: ~ ~ -k -K H O poo ~ ~ C C4H ui d+ ~ ~ ~ U y+ o in ~ ~ .C ~ 'Jl H U U ~ -K rl cU ~o U i~ i~ ~ ~ l r -r-i O c~ ~r a ~ ~ ~ m is -K H M ~K i~ i~ i~ i~ -k [-~ H H A+ l0 ~k i~ -k is i~ i~ ie -k U~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ...] S-1 SA S.J, SJ U 1.J }-I $-I S-I S-1 }-I S-i ~i -K 'K i~ i~ i~ i~ .Ci .~i .ti .1'-..4 .~i .~ .~i .~i .fi .fy' .~'-..Li a uu,~uu uuu.u~uuu a~ ~ 0000* U N z U rock ~ ~ .~ H R, ~ u zzZZ ~ m i u * * rd x ~ zzzz~ ~ ~ oar ,~ x ~' U ~ FCFCFCFC* N N ~ ~ ~ ~ ~ ~ ~ +~ ~ U ~ W W W W~ N ~ W ~ ~ ~ N ~ ~ ~ ~ a aaaa~ o ~ .. ~ ~ ~~~~~~ w o ~~~~~~ rn w « ~ ~ ~ ~ ~ ~ ~ ~ ~ w Win ~ ~ U ~ p Oo N ,~ * -,~ N ' cA o ~ ~ .. 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O FCarnc7~7t7t7HxwHcnxH~7~7HcnUUa~uzrxcna3cncn3UHwaUHaw r.C w z H\ ~ ~ w N A A I ~ a' x U)\ ,7.~ ' ~ i rl~-Id'N O r1O to O~-iM d~r-1N MAO l~OI LII l~~l 61N NIflh~-iN Mef+Ol '-IN~'rl ri Oi.nOMd+to [~ iOOOOOMMMtfIONhtbWNCO OD L~[~r[~tb OO~OHH ~ ~ ' ' ' H O UH Q',O ~ ] w i w i OOOHcr HN N NN r lO L H<Md C h d d NNMMMMMMMMMMMMMMM~f'~' V+eN~Ol0~Dl0~OlDl0lOl0L~t~ W oDW W COW H Fxl W cn W H C7 x~ ~w H !11 W r,C x LJ w ~a H pa O a~ Oo U ~ poo io rr H a l~-l-l H C7 C7 U H In Z ~ W • ~ ~ r S-t W N O cn r~ 1-1 p: ~ p m -.-i W io x ~ r H .SG' (~ N U N U I i I 1 I 1 H W In I O [-~ • • I U V1 o I U 'J-I L(1 I [p •• I ~ I a~ I z I H H I x vo a w I v r, ~ . w ~ ~ v H z ~ ~ w r-, o ~ ~ ~ ~ r N h ~*/ N ~a a a H H ro COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of:.Ianuarv ?5. 21(1 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2nd Reading of Ordinance 1575, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to LED Signs DATE: January 14, 2010 for Motor Fuel Stations BACKGROUND: On July 13, 2009, the City Council issued asix-month emergency moratorium on the issuance of LED sign permits throughout the city. The rationale behind the moratorium was to study whether newly adopted Language pertaining to LED signs was consistent with the intent of the ordinance that the City Council passed. The intent of the LED sign ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylan signs to display only fuel prices was inadvertently omitted. from the ordinance. At this time, Staff recommends amending the City Code as it pertains to LED signs to allow for motor fuel stations to only be allowed to utilize LED signage on an existing pylon sign if the message of the displays motor fuel prices only. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on January 5, 2010. They voted LiiiaraiiaaouSiy to recoiiaiaend or.,it`y' e~..ouitcii approval of the Zo~:Fing aaatendmertt relating t0 LED Sighs Ur Itlotor fuel stations, with a 4-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1575, being ample copies available to the public. Move to adopt Ordinance No. 1575, being an ordinance amending Ordinance No. 1.490 City Code of 2005, relating to signage in the design Overlay District within the City of Columbia Heights. Attachments: Dra t Ordinance 1575 2"`' Readin Format , P+Z Re ort COUNCIL ACTION s~ ORDINANCE NO.15'75 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(8)(a)1 of the Columbia Neights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon. sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area, The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (Q) Sign regulations. (8) Dvnamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign to promote motor Ertel. prices only. Such motor fuel price signs do not require a Conditional Use ss Permit. All Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. Section Z: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: January 11, 2010 Second Reading: January 25, 2010 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 89 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0101 DATE: January 5, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signs PREPARED BY: Jeff Sargent, City Planner BACKGROUND On July 13, 2009, the City Council issued asix-month emergency moratorium on the issuance of LED sign permits throughout the city. The rationale behind the moratorium was to study whether newly adopted language pertaining to LED signs was consistent with the intent of the ordinance that the City Council passed. The intent of the LED sign ordinance was to permit dynamic LED signs only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon signs to display only fuel prices was inadvertently omitted from the ordinance. At this time, Staff recommends amending the City Code as it pertains to LED signs to allow for motor fuel stations to only be allowed to utilize LED signage on an existing pylon sign if the message of the displays motor fuel prices only. COMPREHENSIVE PLAN One of the goals of the Comprehensive Pian is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the roan rneenl n/d ie~e-![eetria) cnr#~nre5^ ~l~ntntirlg rely nau rrl~iv e~lyt t'~age Ic a \A/ay $!1 Pnhal"11 [vP 1rV1111 A16"rl lslQ/ a11tA 11 41 u.~t[[ 1 ua..Vt [ t [v vv e[[ economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. ZONING ORDINANCE Section 9.106 (P)(8)1 currently states that "Dynamic LED signs are allowed only on monument signs for conditionally permitted used in all zoning districts, with the exception of motor fuel stations, which may display LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face". The proposed language would limit motor fuel stations to display only fuel prices as LED signs on existing pylon signs. .City of Columbia Heights Planning Commission January 5, 2010 City of Calumbia Heights, LED Signs Case # 2010-0101 FINDINGS OF FACT Section 9.104 (F) of the Calumbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. Limiting the use of the LED signage to monument signs only will help keep will contribute to the aesthetic appeal of the commercial sectors. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all commercially zoned properties throughout the city and is not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. `'here the amendment is to change the zoning Classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 91 CITY COUNCIL LETTER ot: AGENDA SECTION: BID CONSIDERATIONS NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: CAPITAL EQUIPMENT REPLACEMENT OF I1NIT #45: FORD SINGLE AXLE 35,000 GVW DUMP TRUCK AND ATTACHMENTS, FROM THE STATE OF MINNESOTA PURCHASING CONTRACT BY: K. Hansen DATE: 1 / l 2/ I 0 BY: DATE: Backgraund: Public Works existing vehicle #45 is a Ford single axle 35,000 GVW dump truck, purchased in 1987 for $52,732. It is equipped with a front plow, belly plow, and spinner type sander. Vehicle #45 is a primary truck used for street maintenance operations. It is 23 years old with 106,831 miles recorded.. The doors, dump box, running boards, and fuel tank have been replaced within the last 5 years. The engine is using oil. Since July of 2001, which is as far as the maintenance records go back, $53,502 has been spent on repair parts and labor. The dealer no longer inventories repair parts for the engine and chassis. Replacement of this vehicle has been deferred for the last 3 years. The 2010 Capital Equipment Replacement budget allocated $179,725 for the replacement of Unit #45 and attachments. The State purchasing contract expires January 31, 2010 and staff has been informed of price increase estimated to be 8-10% following contract expiration. Analysis/conclusions: During the last 11 years, the city has replaced dump trucks anal attachments with the goal of improving productivity and lowering cost by reducing the amount of manpower and equipment required. to conduct city wide plowing operations. The replacement for Unit #45, would give the city the ability to dispatch a wing truck to each quadrant and the main drags. Staff recommends replacement of Unit #45 single axle dump truck and attachments with a single axle 41,000 GVW dump truck equipped with reversible front plow, belly plow, wing plow, brine tanks and spinner type sander matching our recent dump truck purchases. Staff recommends disposal. of Unit #45 via auction to obtain the 111gheSt Value. A LUmpiete C;upy of iiie jtate of iviiiiiicSuta SpcCi~lC:ativiiS iS avaiiablc ii'vis ilia e~..ity Engineer. RECOMMENDED MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #45 Ford single axle 41,000 GVW dump truck chassis from Astleford International of Minneapolis in the amount of $68,407; and purchase the dump box, reversible front plow, belly plow, wing plow, brine tanks and sander from Towmaster of Litchfield, Minnesota, in the amount of $80,163 for a total price of $].48,570; plus sales tax. CITY COUNCIL LETTER of: 1 %LS/ 1 U AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: CAPITAL EQUIPMENT REPLACEMENT OF UNIT# 296: TRACKLESS MT TRACTOR INCLUDING SNOW PLOW AND ANGLE BROOM ATTACHMENTS FROM THE STATE OF MINNESOTA PURCHASING CONTRACT BY: K. Hansen DATE: 1 / 12/ 10 BY: DATE: Background: Public Works existing vehicle #296 Trackless MT Tractor was purchased in 1998 for $8].,623. It is 12 years old with 3,448 recorded hours of use. Since 2000, which is as far as the maintenance records go back, $38,313 has been spent on repairs. The gearbox and drive shaft assemblies have been replaced several. times. The Shap Supervisor has rated the mechanical condition of Unit #296 as fair to poor. The City owns the following attachments for Unit #296 that make it usable year round: Asphalt cold planer, angle broom, snow blower, snow plow, leaf mulcher, and mowing deck. The 2010 Capital Equipment Replacement budget allocated $145,000 for the replacement of Unit #296 and attachments. Analysis/Conclusions: The Trackless MT Tractor is a workhorse for the Parks and Streets departments. It is used year round for jobs such as parks mowing in summer, sidewalk/trail cleaning in the spring and fall, and sidewalk/trail snow & ice control during the winter. The Street department uses it for milling asphalt prior to street repairs and leaf mulching prior to street sweeping. The Trackless MT is a primary use piece of equipment. The snow plow and angle broom attachments are especially wearing out and need to be replaced. Staff recon'iEicrds ti'~e replace~~,ent of Unit #296 Trackless 1`d~lT Tractor bvlth one nevY' Trackless n~1T6 Tractor equipped with snow plow and angle broom attachments. Unit #296 will be disposed of by auction. A complete copy of the State of Minnesota specifications is available from the City Engineer. RECOMMENDED MOTION: Move to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #296 Trackless MT Tractor equipped with angle snowplow and snow blower attachments from MacQueen Equipment, Inc. in the amount of $1.20,836, plus sales tax. COUNCIL ACTION: / . ,} A l ~ ~ / ~ ~. ~, ~ ., ~ ~ , ~En / E A 'dN h~_ ~?~.~-: ~ r .: /:,. _ / r. ~ {~ ~ f~~~ F - ~ f ~ ~ is Y ,~ ~ G'el''`-,~~~rf ~ t J f ,~ /.F .~$ r ~{..T.,~ l V ~ { '.yF ~ !~ ..~ ~ ~- ~ i, ~l - V it ~~ ~ ~;. er~ri ~ Y 5' 1 ~ ~Yi ~' «i n :~ S v&-' ¢ ul,.. ~ ~~I` F ~'~ ~"~~. ~ . ,. .. W r ~k i_..- iys~; ~ 14 4 i'i~i ' it .'~^q4'. z .. ~ ~: >a~ $~ , ~ .:. ~. ~'`~, J {'~~ ~ f fir.., ~~ ti''~ ,, ~ `} t .,~ ~ ,,I' '~a, • !l ~ ~•I• ~~ _~ ~_ ~ ~. ~ ~ ~~ ~~ ;'~ ~~ ~f~ $'~ ~: ~: -~~- ~ . ~, , ~ t~; y ~ +2 - ' ~ f f ~ ~ /~ ~ ~ ~ t F v } ~~ - ~~ ,.rte ~ r - ~,. ` ~~ ~ °~ a .~,. ~~~~ s~w.+~,,.q':~~~~'~ fir.' ~, rr•.~.+: r ~~ CITE' COUl'dCIL I~ETTEI~ Meeting of January 25, 2010 AGElv'DA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Application for Charitable Gambling BY: Scott Nadea BY: Permit for SAGA, to be held at Murzyn hall DATE January 22, 010 DATE: on 2-1-10, 3-1-10 and 9-18-201.0 NO: ~ACJI~ROI.TN~3 Southern. Ano1~a Community Assistance (SAGA), 627 3$ti' Avenue NE, Columbia Heights, Minnesota, has requested permission to conduct bingo, raffle and pull tab activities on Febniag-y 1, March 1 and September 1$, 2010 at Murzyn hall, 530 Mill Street, Columbia Heights, Mimnesota. They are also requesting that the $25 investigation fee be waived. ANAL,~S'SIS/C`ONC>E.LiS~ON Since the organization satisfies the City Couneil resolution regarding one-time charitable gambling, the City Manager recommends the follawing action. COMMENI)~D MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board • ,• ,• n n r',. _ r<_~_____ TT _:._t_._ Lr.. __.. „L:.,.,+:,.., +,. ,.t,,.,-;+„1.1 .,.,,,,1. „~.T ., +,<~, ,oc +/~ a I21Q2CaLIng Lnat Ine t_. ily of ~-EJIULII~3la d3G1}~'tfES 11Qti !dV vuJ fit; ~tvtt ~v t~tiatitavae r~aulululr~ ac~l rltl ~.o LV v conducted by Southern Anoka Community Assistance (SAGA) at Murzyn Hall, 530 Mill Street, ~,.t,,,-.-,t~;., uo;rtt,+~ lt~i;,,,,a~(,+.~ r,,, ~`Ph.-d,a.-~r 1 1EiFar~t~ 1 and ~PntarnhPr 1 R 7(}1 (1 Alin thAt tl~te l.-V1lAtBllllGL 11f.id~LLLJ, lYLLL111V~?V LLL, VLl ivvt. L+u.i~ L. i.a,.~ivi.. z. u.i... .... ...i.. ...___..-.. _--, -•--- -----~ ------ ---- investigation fee of $25 be waived; and furthermare, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. kao COUNCIL ACTION: Page 1 of 2 7109 srrrrr6r~~veer e_erwrur vcaeara/r~try _ Application fee 220 Ap~~eat~e~n f®r E~e~~pt F'~r E~ Ifa lication ostmarkedorreceived: An exempt permit may be issued to a nonprofit organization that: less than 30 days before the event mare than 30 days before the event - conducts lawful gambling on five or fewer days; and ~~ ®~ $5f} -awards less than $50,000 in prizes during a calendar year. ®ff2GANBZATIQl~ ~~~~~~~~~~ Check# $ ~ Previous gambling permit number ,da c~ ~}- - n na m e rganiz at io O / y, C { Jty / ~/ r G ~ yf ~ C „~`~ ?~ffL~,v AIOV~f~~ tr4i:'fi t'!3(i. ft~t ~ !f/l.'7f~~f'./1..~ i i iL Type of nonprofit organization. Check one. Fraternal ~ ReligiousVeterans ~~`,~ Other nonprofit organization ~'C'-iJ S~r...~+' ~C, ount y C e d State Zip Co City Mailing address ~~6 ~F ;r{~ g ~ ^} f y ,1 ~~~~ ~~.'~ ire 8,/~~1~ Y/ ~.~ ~t.:`ak~'A~ ~i[3.: ~ ~~t /L' ~. `~-,4f (+"e.'"~e.'t~,.9~ aytime phone number Email address D Name of chief executive officer (CEO} ., ',rv E'~~'E":'~'j~`] ~C'~ f ~ <~.s'.- ,~'_~~'r`~ eJ~C~~t', ~k` '`7L.ri`'=c=Cc':Tt Attach a copy of t3~4E of the following far proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as t'rsey are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. I ~ Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 n IRS income tax exemption [601(c}j letter in your organization's name. '~ Don't have a copy? To obtasn a copy of your tederai income tax exempt letter; have are organization officer contact the IRS at 877-829-5500. IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter If your organization falls under a parent organization; attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501{c) organization with a group ruling, and b. the charter or Fetter from your parent organization recognizing yaar organization as a subordinate. lRS -proof previously submitted to Gambling Control Board if you previously submitted proof of nonprofit status from the IRS, no attachment is required. i3 f-~i ~~~~ PR~ (JE~ IF~F©l~ ~,T~Q~I Name of premises where gambling activity will be conducted {for raffles, list the site where the drawing will take place} County o de C ity Zip Address {do not use PO box)C ( p, [ p ~ ~}l k e`~'1 c r.,~ ~S ! a'4r"~ L%'1t~F3-(¢~L~~ ~.3 d ~ C t~~L~~~'s- s) of activity (for raffles, indicate the date of the drawing j Datef E Check the box or boxes that indicate the type of gambling activity your organizatiar~ will conduct: Bingo* ~ Raffles ~ Paddlewheels` [~ Pull-Tabs [~ Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Page 2 of this form. Gambling Contro! Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization t bi d F uc ngo. Print orm authorized to con To find a licensed distributor, go to www,gcb.state.mn.us and click on List Reset Form of Licensed Distributors, or call 651-639-4076. '~, , ~ C~ " %~'~~ / Z _ 75 ~~~: ~G220 Application far Exempt ~'ereT~~t Page 2 of 2 7109 FOCAL Ut~[T GF GO1PERt~fVIENT ACKNOt4VV`LEC}GMEPiT if the gambling premises is within city limits, a city official must check the action that the city is taking on this application and sign the application _The application is acknowledged with no waiting period _ he application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days fora 1st class city). _The application is denied. Print city name s:.Cu-~;o~~ ~- a~~:-;e-i{d-5 On behalf of the city, 1 acknowledge thrs application. of city officiab receiving application r Till ~' ~~~ , 7", r 1,~'' Date// '~ ~-'L ~ s c~ If the gambtmg premises is located in a township, a county official must check the action that the county is taking on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. _The application is denied. Print county name On behalf of the county, 1 acknowledge this application. Signature of county official receiving application Title Date ! !. (Optional} TOWNSH(F: do behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date / / CHIEF EXECUTEVE OFFICER`S SIGNATURE The information provided in this application is compl, e and.acetl"rate o fhe:~ st of my knowledge. t acknowledge that the financial report will be completed aeld returned to tfi~g.8[iard wrthin ~~1 days of the date of our gambling activity. Chief executive officer's signature _-.~--~°~`'~6 !'~irtr;rnlOtc a separate appiicatinn fnr aarh gambin~a?'Gtlvity - one day of gambling activity, ~~ -two or more consecutive days of gambling activity, - each day a raffle drawirry is I'reid Send application with: - a copy of your proof of nonprofit status, and -application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Date ~~- ~ _ /G% p~ncial report and recordkeeping required A financial report form and instructions will be sent with your permit, or use the online fill-in form available at www.gcb.state.mn.us. 'vvithin 30 days of 'the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. Print Form ] Reset Form Data privacy. This form will be made available in alternative format (i.e. large print, Braille} upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able tc process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information you provide will be private data until the Board issues your permit. When the Board issues your permit, all of the information provided to the Board will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data are available to. Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue, Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent.